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This is a Bill, not an Act. For current law, see the Acts databases.


URBAN LAND DEVELOPMENT AUTHORITY BILL 2007

         Queensland



Urban Land Development
Authority Bill 2007

 


 

 

Queensland Urban Land Development Authority Bill 2007 Contents Page Part 1 Preliminary Division 1 Introduction 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 3 Main purposes of Act and their achievement . . . . . . . . . . . . . . . . 20 4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 2 Interpretation 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6 Development and its types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Part 2 Urban development areas Division 1 Declaration and revocation of urban development areas 7 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8 Interim land use plan required . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9 Expiry of interim land use plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10 Tabling and inspection of documents adopted in declaration regulation ..................................... 23 11 Revocation or reduction of urban development area . . . . . . . . . . 23 12 Interim local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 2 Relationship with Integrated Planning Act Subdivision 1 Provisions about the declaration of urban development areas 13 Existing IPA development applications . . . . . . . . . . . . . . . . . . . . . 25 14 Existing IPA development approvals. . . . . . . . . . . . . . . . . . . . . . . 25 15 Community infrastructure designations . . . . . . . . . . . . . . . . . . . . 25 Subdivision 2 Provisions about the cessation of urban development areas 16 Conversion of UDA development approval to IPA development approval ..................................... 26

 


 

2 Urban Land Development Authority Bill 2007 17 Outstanding UDA development applications . . . . . . . . . . . . . . . . 26 18 Provisions for converted IPA development approval. . . . . . . . . . . 27 19 Lawful uses in urban development area . . . . . . . . . . . . . . . . . . . . 27 Division 3 Relationship with particular Acts about local government 20 Relationship with the City of Brisbane Act 1924 or the Local Government Act 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Part 3 Development schemes Division 1 Making development schemes 21 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 22 Development scheme required. . . . . . . . . . . . . . . . . . . . . . . . . . . 29 23 Content of development scheme . . . . . . . . . . . . . . . . . . . . . . . . . 29 24 Preparation of proposed development scheme . . . . . . . . . . . . . . 30 25 Public notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 26 Submissions on proposed scheme . . . . . . . . . . . . . . . . . . . . . . . 31 27 Consideration of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 28 Amendment of proposed scheme . . . . . . . . . . . . . . . . . . . . . . . . 31 29 Initial making and submission of scheme. . . . . . . . . . . . . . . . . . . 31 30 Notice of submitted scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 31 Ministerial power to amend submitted scheme at affected owner's request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 32 Direction to authority to engage again in public notification and submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 33 When proposed scheme takes effect . . . . . . . . . . . . . . . . . . . . . . 33 34 Notice of development scheme . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 2 Amendment of development schemes Subdivision 1 Amendment by Minister 35 Power to amend at authority's request . . . . . . . . . . . . . . . . . . . . . 33 36 When amendment takes effect. . . . . . . . . . . . . . . . . . . . . . . . . . . 34 37 Notice of amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Subdivision 2 Amendment by authority 38 Division 1 process applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Subdivision 3 Tabling and inspection of development schemes 39 Tabling and inspection requirement . . . . . . . . . . . . . . . . . . . . . . . 35 Division 3 Miscellaneous provision 40 Development scheme prevails over particular instruments . . . . . 36 Part 4 Development and uses in urban development areas Division 1 UDA development offences 41 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

 


 

3 Urban Land Development Authority Bill 2007 42 Carrying out UDA assessable development without UDA development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 43 UDA self-assessable development must comply with development scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 44 Compliance with UDA development approval. . . . . . . . . . . . . . . . 37 45 Offence about use of premises. . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 2 Protection of particular uses and rights 46 Exemption for particular IPA development approvals and community infrastructure designations . . . . . . . . . . . . . . . . . . . . . 37 47 Lawful uses of premises protected . . . . . . . . . . . . . . . . . . . . . . . . 38 48 Lawfully constructed buildings and works protected . . . . . . . . . . 38 49 Amendment of development scheme does not affect existing IPA or UDA development approval . . . . . . . . . . . . . . . . . . . . . . . . 38 50 Development or use carried out in emergency. . . . . . . . . . . . . . . 38 Division 3 UDA development applications Subdivision 1 Making application 51 How to make application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Subdivision 2 Processing application 52 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 53 Information requests to applicant . . . . . . . . . . . . . . . . . . . . . . . . . 39 54 Notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 55 Deciding application generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 56 Restrictions on granting approval . . . . . . . . . . . . . . . . . . . . . . . . . 42 57 Matters to be considered in making decision . . . . . . . . . . . . . . . . 42 58 UDA development conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 59 Decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 60 Restriction on giving decision notice if authority has a financial interest ...................................... 44 Subdivision 3 Appeals 61 Right of appeal against particular conditions . . . . . . . . . . . . . . . . 45 Subdivision 4 Ministerial call in 62 Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 63 Minister's power to call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 64 Call in ends decision, approval and any appeal . . . . . . . . . . . . . . 46 65 Notice of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 66 Minister must re-decide application . . . . . . . . . . . . . . . . . . . . . . . 47 Subdivision 5 Miscellaneous provisions 67 Approved material change of use required for particular developments ................................... 48

 


 

4 Urban Land Development Authority Bill 2007 68 Changing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 69 Withdrawing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 4 UDA development approvals Subdivision 1 General provisions 70 What approval authorises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 71 Duration of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 72 Approval attaches to the relevant land . . . . . . . . . . . . . . . . . . . . . 50 73 Provision for enforcement of UDA development conditions . . . . . 50 Subdivision 2 Cancellations and changes 74 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 75 Application to change UDA development approval. . . . . . . . . . . . 51 Subdivision 3 Lapsing 76 When approval lapses generally . . . . . . . . . . . . . . . . . . . . . . . . . 51 77 Application to extend currency period . . . . . . . . . . . . . . . . . . . . . 52 78 Deciding extension application . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Division 5 Miscellaneous provisions 79 Restriction on particular land covenants . . . . . . . . . . . . . . . . . . . 53 80 Plans of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Part 5 Proceedings and related matters Division 1 Enforcement proceedings in Planning and Environment Court 81 Starting proceeding for enforcement order. . . . . . . . . . . . . . . . . . 54 82 Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . 55 83 Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 84 Effect of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 85 Powers about enforcement orders . . . . . . . . . . . . . . . . . . . . . . . . 57 86 Offence to contravene enforcement order . . . . . . . . . . . . . . . . . . 58 Division 2 Proceedings for offences 87 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 88 Limitation on time for starting proceeding for summary offence. . 58 89 Orders Magistrates Court may make in offence proceeding . . . . 59 90 Offence to contravene Magistrates Court order . . . . . . . . . . . . . . 59 Division 3 Miscellaneous provisions 91 Authority's power to remedy stated public nuisance. . . . . . . . . . . 60 92 Planning and Environment Court may make declarations . . . . . . 60

 


 

5 Urban Land Development Authority Bill 2007 Part 6 Urban Land Development Authority Division 1 Establishment 93 Establishment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 94 Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 95 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Division 2 Authority's functions and powers 96 Main function and its achievement . . . . . . . . . . . . . . . . . . . . . . . . 61 97 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 98 Conditional disposal of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 99 Roads and road closures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 100 Power to vest land in permanently closed road or unallocated State land in urban development areas . . . . . . . . . . . . . . . . . . . . 63 101 Special rates or charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 102 Application of special rate or charge . . . . . . . . . . . . . . . . . . . . . . 66 103 Application of local government entry powers for authority's functions or powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 104 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Division 3 Membership of authority 105 Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 106 Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 107 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 108 Terms and conditions of appointment. . . . . . . . . . . . . . . . . . . . . . 69 109 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 110 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 111 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 112 Protection of members from civil liability . . . . . . . . . . . . . . . . . . . 71 Division 4 Meetings and other business of authority 113 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 114 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 115 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 116 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 117 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 118 Decisions outside meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 119 Minutes and record of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . 72 Division 5 Staff of authority 120 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 121 Preservation of rights of chief executive officer . . . . . . . . . . . . . . 73

 


 

6 Urban Land Development Authority Bill 2007 122 Other staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 6 Identity cards for particular employees and agents 123 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 124 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 74 125 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Division 7 Miscellaneous provisions 126 Report about person's criminal history for particular appointments .................................. 75 127 Recovery of special rate or charge. . . . . . . . . . . . . . . . . . . . . . . . 76 128 Application fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 129 Giving information about roads to relevant local government. . . . 77 130 Ministerial directions or guidelines to the authority. . . . . . . . . . . . 78 131 Ministerial access to information . . . . . . . . . . . . . . . . . . . . . . . . . 78 132 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 133 Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 134 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 135 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 136 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Part 7 Miscellaneous provisions Division 1 Directions by Governor in Council 137 Direction to government entity or local government to accept transfer ....................................... 81 138 Direction to government entity or local government to provide or maintain infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Division 2 Other miscellaneous provisions 139 Exchange of documents and information with other entities with planning or registration functions . . . . . . . . . . . . . . . . . . . . . . . . . 82 140 Executive officer must ensure corporation does not commit particular offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 141 Giving authority a false or misleading document . . . . . . . . . . . . . 84 142 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 143 Application of provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 144 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 145 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 146 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Part 8 Amendment of Integrated Planning Act 1997 147 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 148 Amendment of s 1.4.4 (New planning instruments can not affect existing development approvals) . . . . . . . . . . . . . . . . . . . . . . . . . 86

 


 

7 Urban Land Development Authority Bill 2007 149 Amendment of s 2.1.3 (Key elements of planning schemes) . . . . 86 150 Insertion of new s 2.1.4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 2.1.4A Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 151 Amendment of s 2.1.10 (Extent of effect of temporary local planning instrument). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 152 Amendment of s 2.1.23 (Local planning instruments have force of law) ................................... 87 153 Amendment of s 2.5.1 (What are regions) . . . . . . . . . . . . . . . . . . 87 154 Replacement of ch 2, pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Part 5A Regional planning in designated regions Division 1 Preliminary 2.5A.1 Application of pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 87 2.5A.2 What is a designated region. . . . . . . . . . . . . . . . . . . . 87 Division 2 Regional coordination committees 2.5A.3 Establishment of regional coordination committee . . . 88 2.5A.4 Function of regional coordination committee . . . . . . . 88 2.5A.5 Membership of regional coordination committee . . . . 88 2.5A.6 Dissolution of regional coordination committee . . . . . 89 2.5A.7 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 2.5A.8 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . 89 2.5A.9 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 89 Division 3 Regional plans for designated regions 2.5A.10 What is a regional plan. . . . . . . . . . . . . . . . . . . . . . . . 90 2.5A.11 Key elements of regional plan . . . . . . . . . . . . . . . . . . 90 Division 4 Preparing and making regional plans 2.5A.12 Regional planning Minister to prepare draft regional plan ................................ 91 2.5A.13 Notice of and public consultation on draft regional plan ................................ 91 2.5A.14 Making regional plan . . . . . . . . . . . . . . . . . . . . . . . . . 92 2.5A.15 Notice of making of regional plan . . . . . . . . . . . . . . . . 92 Division 5 Amending or replacing regional plans 2.5A.16 Regional planning Minister may amend or replace regional plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 2.5A.17 How regional plan is amended or replaced . . . . . . . . 93 2.5A.18 Particular amendments of regional plan. . . . . . . . . . . 94 Division 6 Effect of regional plans 2.5A.19 State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95

 


 

8 Urban Land Development Authority Bill 2007 2.5A.20 Local governments to amend planning schemes to reflect regional plan . . . . . . . . . . . . . . . . . . . . . . . . . . 95 2.5A.21 Effect of regional plan on other plans, policies or codes ............................... 96 Part 5B Master planning for particular areas of State interest Division 1 Preliminary 2.5B.1 Purpose of pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Division 2 Master planned areas 2.5B.2 Identification of master planned areas . . . . . . . . . . . . 98 2.5B.3 Master planned area declarations . . . . . . . . . . . . . . . 98 2.5B.4 Restriction on particular development applications in master planned area . . . . . . . . . . . . . . . . . . . . . . . . . 99 2.5B.5 Notation of master planned areas on planning scheme ............................. 100 Division 3 Structure plans for master planned areas declared by the Minister 2.5B.6 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 2.5B.7 Local government's obligation to have structure plan. 100 2.5B.8 Content of structure plan . . . . . . . . . . . . . . . . . . . . . . 100 2.5B.9 Relationship with schs 8 and 9. . . . . . . . . . . . . . . . . . 102 2.5B.10 Provisions for making structure plan . . . . . . . . . . . . . 102 2.5B.11 Provisions for new planning schemes . . . . . . . . . . . . 103 2.5B.12 When structure plan takes effect . . . . . . . . . . . . . . . . 103 Division 4 General provisions about master plans 2.5B.13 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 2.5B.14 Local government approval required . . . . . . . . . . . . . 104 2.5B.15 Content of master plan . . . . . . . . . . . . . . . . . . . . . . . . 104 2.5B.16 Relationship with schs 8 and 9. . . . . . . . . . . . . . . . . . 106 2.5B.17 Relationship with local planning instruments . . . . . . . 106 2.5B.18 Master plan attaches to land in master planning unit . 106 2.5B.19 New planning instruments can not affect approved master plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 2.5B.20 When master plan ceases to have effect . . . . . . . . . . 107 Division 5 Applying for and obtaining approval of proposed master plan Subdivision 1 Application stage for proposed master plan 2.5B.21 Who may apply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 2.5B.22 Requirements for application . . . . . . . . . . . . . . . . . . . 107

 


 

9 Urban Land Development Authority Bill 2007 Subdivision 2 Information and response stage 2.5B.23 Local government gives application to coordinating agency .............................. 108 2.5B.24 Request for information from applicant. . . . . . . . . . . . 108 2.5B.25 Applicant responds to any request for information . . . 110 2.5B.26 Lapsing of application if applicant does not respond . 111 Subdivision 3 Consultation stage 2.5B.27 When consultation is required . . . . . . . . . . . . . . . . . . 111 2.5B.28 Content requirements for public notice. . . . . . . . . . . . 111 2.5B.29 When public notice must be given . . . . . . . . . . . . . . . 112 2.5B.30 Notice to comply with public notice requirement . . . . 113 2.5B.31 Lapsing of application if notice not complied with . . . 113 2.5B.32 Making submissions . . . . . . . . . . . . . . . . . . . . . . . . . . 113 2.5B.33 Distribution of submissions. . . . . . . . . . . . . . . . . . . . . 114 Subdivision 4 State government decision stage 2.5B.34 Assessment by participating agency and coordinating agency . . . . . . . . . . . . . . . . . . . . . . . . . . 114 2.5B.35 Participating agency's response. . . . . . . . . . . . . . . . . 115 2.5B.36 Participating agency's response powers . . . . . . . . . . 116 2.5B.37 Coordinating agency's assessment . . . . . . . . . . . . . . 116 2.5B.38 Resolution of conflict by Minister . . . . . . . . . . . . . . . . 117 2.5B.39 Coordinating agency's decision . . . . . . . . . . . . . . . . . 117 Subdivision 5 Local government decision stage 2.5B.40 Decision making period . . . . . . . . . . . . . . . . . . . . . . . 118 2.5B.41 Assessment by local government. . . . . . . . . . . . . . . . 118 2.5B.42 Local government's decision generally. . . . . . . . . . . . 119 2.5B.43 Restrictions on giving approval . . . . . . . . . . . . . . . . . 120 2.5B.44 Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 2.5B.45 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 2.5B.46 Representations about conditions and other matters. 123 2.5B.47 Applicant may suspend applicant's appeal period . . . 124 2.5B.48 When approval takes effect . . . . . . . . . . . . . . . . . . . . 125 Subdivision 6 Ministerial directions about application 2.5B.49 Ministerial directions to local government . . . . . . . . . 125 2.5B.50 Ministerial directions to applicant . . . . . . . . . . . . . . . . 126 Subdivision 7 Miscellaneous provisions 2.5B.51 Agreements about master plan . . . . . . . . . . . . . . . . . 126

 


 

10 Urban Land Development Authority Bill 2007 2.5B.52 Native Title Act (Cwlth) . . . . . . . . . . . . . . . . . . . . . . . . 126 2.5B.53 Substantial compliance . . . . . . . . . . . . . . . . . . . . . . . 127 2.5B.54 Changing application . . . . . . . . . . . . . . . . . . . . . . . . . 127 2.5B.55 Withdrawing application . . . . . . . . . . . . . . . . . . . . . . . 128 2.5B.56 Additional third party advice or comment . . . . . . . . . . 128 2.5B.57 Public scrutiny of application and related material . . . 129 Division 6 Miscellaneous provisions about master plans 2.5B.58 Modified application of provisions about infrastructure for master plan . . . . . . . . . . . . . . . . . . . 130 2.5B.59 Application to amend master plan . . . . . . . . . . . . . . . 130 2.5B.60 Cancellation of master plan by local government. . . . 131 Division 7 Development applications in declared master planned areas 2.5B.61 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 2.5B.62 Relationship with IDAS . . . . . . . . . . . . . . . . . . . . . . . . 131 2.5B.63 Modified application of sch 8 if application relates to particular development . . . . . . . . . . . . . . . . . . . . . . . . 132 2.5B.64 Exclusion of particular agencies as a referral agency 133 2.5B.65 Exclusion of particular provisions about making application ........................... 134 2.5B.66 Additional provisions for when application is properly made ............................... 134 2.5B.67 Provision about approval of master plan . . . . . . . . . . 135 2.5B.68 Decision must not be contrary to master plan . . . . . . 135 2.5B.69 Assessable development requiring code assessment 135 2.5B.70 Assessable development requiring impact assessment .......................... 136 2.5B.71 Decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 2.5B.72 Additional restriction on starting of development . . . . 138 2.5B.73 Notation of master plan on planning scheme . . . . . . . 138 Division 8 Funding of master planning 2.5B.74 Agreement to fund structure plan . . . . . . . . . . . . . . . . 139 2.5B.75 Special charge for making a structure plan . . . . . . . . 139 Part 5C State planning regulatory provisions Division 1 General provisions 2.5C.1 Power to make State planning regulatory provision . . 141 2.5C.2 Restriction on making State planning regulatory provision ............................ 141 2.5C.3 Content of State planning regulatory provision . . . . . 142

 


 

11 Urban Land Development Authority Bill 2007 2.5C.4 State interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 2.5C.5 Relationship with other planning instruments. . . . . . . 143 2.5C.6 Status of State planning regulatory provision. . . . . . . 143 2.5C.7 Particular State planning regulatory provisions to be ratified by Parliament. . . . . . . . . . . . . . . . . . . . . . . 143 2.5C.8 State planning regulatory provisions that are subject to disallowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Division 2 Making State planning regulatory provisions 2.5C.9 Notice of and public consultation on draft State planning regulatory provision . . . . . . . . . . . . . . . . . . . 144 2.5C.10 Making State planning regulatory provision . . . . . . . . 145 2.5C.11 Notice and taking effect of State planning regulatory provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Division 3 Effect of drafts and draft amendments 2.5C.12 Effect of draft State planning regulatory provision and draft amendments . . . . . . . . . . . . . . . . . . . . . . . . 146 Division 4 Amendment or repeal of State planning regulatory provisions 2.5C.13 Minor amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . 147 2.5C.14 Other amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . 147 2.5C.15 Repeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 155 Amendment of s 2.6.7 (Matters the Minister must consider before designating land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 156 Amendment of s 3.1.1 (What is IDAS) . . . . . . . . . . . . . . . . . . . . . 149 157 Amendment of s 3.1.2 (Development under this Act) . . . . . . . . . . 149 158 Amendment of s 3.1.3 (Code and impact assessment for assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 159 Amendment of s 3.1.4 (When is a development permit necessary) .................................... 150 160 Amendment of s 3.1.6 (Preliminary approval may override a local planning instrument) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 161 Amendment of s 3.1.8 (Referral agencies for development applications) .................................. 150 162 Amendment of s 3.2.1 (Applying for development approval) . . . . 151 163 Amendment of s 3.3.15 (Referral agency assesses application) . 151 164 Amendment of s 3.3.17 (How a concurrence agency may change its response) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 165 Amendment of s 3.5.4 (Code assessment) . . . . . . . . . . . . . . . . . 152 166 Amendment of s 3.5.5 (Impact assessment) . . . . . . . . . . . . . . . . 152 167 Amendment of s 3.5.5A (Assessment for s 3.1.6 preliminary approvals that override a local planning instrument) . . . . . . . . . . 152

 


 

12 Urban Land Development Authority Bill 2007 168 Amendment of s 3.5.11 (Decision generally) . . . . . . . . . . . . . . . . 153 169 Amendment of s 3.5.13 (Decision if application requires code assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 170 Amendment of s 3.5.14 (Decision if application requires impact assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 171 Amendment of s 3.5.14A (Decision if application under s 3.1.6 requires assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 172 Amendment of s 3.5.15 (Decision notice) . . . . . . . . . . . . . . . . . . 154 173 Amendment of s 3.5.17 (Changing conditions and other matters during the applicant's appeal period) . . . . . . . . . . . . . . . 154 174 Amendment of s 3.5.20 (When development may start) . . . . . . . 155 175 Amendment of s 3.5.27 (Certain approvals to be recorded on planning scheme) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 176 Amendment of s 3.5.31 (Conditions generally) . . . . . . . . . . . . . . 155 177 Replacement of ch 3, pt 6, div 1. . . . . . . . . . . . . . . . . . . . . . . . . . 155 Division 1 Ministerial directions 3.6.1 Ministerial directions to assessment managers . . . . . 156 3.6.2 Ministerial directions to concurrence agencies. . . . . . 157 3.6.3 Ministerial directions to applicants . . . . . . . . . . . . . . . 158 178 Amendment of s 3.6.7 (Effect of call in) . . . . . . . . . . . . . . . . . . . . 159 179 Amendment of s 4.1.21 (Court may make declarations) . . . . . . . 160 180 Amendment of s 4.1.23 (Costs) . . . . . . . . . . . . . . . . . . . . . . . . . . 160 181 Amendment of s 4.1.26 (Evidence of planning schemes) . . . . . . 160 182 Insertion of new s 4.1.30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 4.1.30A Appeals by applicant for approval of a proposed master plan ............................. 161 183 Replacement of s 4.1.36 (Appeals about infrastructure charges) 161 4.1.36 Appeals about particular infrastructure charges. . . . . 161 184 Amendment of s 4.1.42 (Notice of appeal to other parties (div 9)) ...................................... 162 185 Amendment of s 4.1.43 (Respondent and co-respondents for appeals under div 8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 186 Amendment of s 4.1.50 (Who must prove case) . . . . . . . . . . . . . 162 187 Amendment of s 4.1.52 (Appeal by way of hearing anew) . . . . . . 163 188 Amendment of s 4.2.7 (Jurisdiction of tribunals) . . . . . . . . . . . . . 163 189 Replacement of s 4.3.5A (Compliance with the SEQ regional plan) ......................................... 164 4.3.5A Compliance with State planning regulatory provisions 164 4.3.5B Compliance with master plans . . . . . . . . . . . . . . . . . . 164

 


 

13 Urban Land Development Authority Bill 2007 190 Amendment of s 4.3.6 (General exemption for emergency development or use). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 191 Amendment of s 4.3.7 (Giving a false or misleading document) . 164 192 Amendment of s 4.3.13 (Specific requirements of enforcement notice) ........................................ 165 193 Amendment of s 4.3.16 (Processing application required by enforcement or show cause notice) . . . . . . . . . . . . . . . . . . . . . . . 165 194 Amendment of s 4.3.20 (Magistrates Court may make orders) . . 165 195 Amendment of s 4.4.13 (Evidentiary aids generally) . . . . . . . . . . 166 196 Amendment of s 5.1.1 (Purpose of pt 1) . . . . . . . . . . . . . . . . . . . 166 197 Amendment of s 5.1.5 (Making or amending infrastructure charges schedules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 198 Amendment of s 5.1.15 (Regulated infrastructure charge) . . . . . 167 199 Amendment of s 5.1.16 (Adopting and notifying regulated infrastructure charges schedule) . . . . . . . . . . . . . . . . . . . . . . . . . 167 200 Amendment of s 5.2.3 (Matters certain infrastructure agreements must contain) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 201 Amendment of s 5.2.6 (Exercise of discretion unaffected by infrastructure agreements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168 202 Amendment of s 5.2.7 (Infrastructure agreements prevail if inconsistent with development approval) . . . . . . . . . . . . . . . . . . . 168 203 Insertion of new ch 5, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 Part 3 Funding of State infrastructure in master planned areas 5.3.1 Purpose of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169 5.3.2 Power to make regulated State infrastructure charges schedule for master planned area . . . . . . . . 169 5.3.3 Content of regulated State infrastructure charges schedule ............................. 170 5.3.4 Regulated State infrastructure charges notice . . . . . . 170 5.3.5 When regulated State infrastructure charge is payable ............................. 171 5.3.6 Application of regulated State infrastructure charge . 171 5.3.7 Accounting for regulated State infrastructure charges 171 5.3.8 Infrastructure agreements about, and alternatives to paying regulated State infrastructure charges . . . . 172 5.3.9 Recovery of regulated State infrastructure charges . . 172 204 Amendment of s 5.4.4 (Limitations on compensation under ss 5.4.2 and 5.4.3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 205 Amendment of s 5.5.1 (Local government may take or purchase land) ................................. 173

 


 

14 Urban Land Development Authority Bill 2007 206 Amendment of s 5.7.2 (Documents local government must keep available for inspection and purchase) . . . . . . . . . . . . . . . . 173 207 Amendment of s 5.7.3 (Documents local government must keep available for inspection only) . . . . . . . . . . . . . . . . . . . . . . . . 174 208 Amendment of s 5.7.6 (Documents chief executive must keep available for inspection and purchase) . . . . . . . . . . . . . . . . . . . . . 175 209 Amendment of s 5.7.9 (Limited planning and development certificates) .................................... 175 210 Amendment of s 5.7.10 (Standard planning and development certificates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 211 Amendment of s 5.7.11 (Full planning and development certificates) .................................... 176 212 Amendment of s 5.8.1 (When EIS process applies). . . . . . . . . . . 177 213 Amendment of s 5.8.2 (Purpose of EIS process) . . . . . . . . . . . . . 177 214 Amendment of s 5.8.3 (Applying for terms of reference) . . . . . . . 177 215 Amendment of s 5.8.4 (Draft terms of reference for EIS) . . . . . . . 177 216 Amendment of s 5.8.5 (Terms of reference for EIS) . . . . . . . . . . . 178 217 Amendment of s 5.8.7 (Public notification of draft EIS) . . . . . . . . 178 218 Amendment of s 5.8.9 (Chief executive evaluates draft EIS, submissions and other relevant material). . . . . . . . . . . . . . . . . . . 178 219 Amendment of s 5.8.13 (Who the chief executive must give EIS and other material to) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 220 Amendment of s 5.9.9 (Chief executive may issue guidelines) . . 179 221 Amendment of s 6.1.29 (Assessing applications (other than against the building assessment provisions)). . . . . . . . . . . . . . . . 179 222 Amendment of s 6.1.30 (Deciding applications (other than under the building assessment provisions)) . . . . . . . . . . . . . . . . . 179 223 Amendment of s 6.1.45A (Development control plans under repealed Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179 224 Insertion of new ch 6, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Part 8 Transitional provisions for Urban Land Development Authority Act 2007 Division 1 Provisions for SEQ regional plan 6.8.1 Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 6.8.2 SEQ region becomes a designated region. . . . . . . . . 181 6.8.3 SEQ regional plan becomes the regional plan for the SEQ region. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 6.8.4 Regulatory provisions included in SEQ regional plan become State planning regulatory provisions . . . . . . 181 6.8.5 References in SEQ regional plan and regulatory provisions ............................ 182 6.8.6 Local growth management strategy . . . . . . . . . . . . . . 182

 


 

15 Urban Land Development Authority Bill 2007 6.8.7 Structure plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 6.8.8 Major development areas . . . . . . . . . . . . . . . . . . . . . . 183 6.8.9 Existing SEQ regional coordination committee . . . . . 183 6.8.10 Effect of regional plan for assessing and deciding applications under transitional planning schemes . . . 183 Division 2 Provisions for chapter 2, part 5B 6.8.11 Master plans prevail over conditions of rezoning approvals under repealed Act. . . . . . . . . . . . . . . . . . . 184 6.8.12 Transition of validated planning documents to master planning documents . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Division 3 Miscellaneous provision 6.8.13 Rezoning agreements under previous Acts . . . . . . . . 185 225 Amendment of sch 1 (Process for making or amending planning schemes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 226 Insertion of new sch 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 Schedule 1A Process for amending planning scheme to include a structure plan Part 1 Making of structure plan amendment 1 Master planning process . . . . . . . . . . . . . . . . . . . . . . 187 2 Proposing a structure plan . . . . . . . . . . . . . . . . . . . . . 188 Part 2 Consideration of State interests and consultation stage 3 Considering proposed structure plan amendment for adverse effects on State interests . . . . . . . . . . . . . . . 188 4 Consultation on the proposed structure plan amendment .......................... 189 5 Resolution of conflict . . . . . . . . . . . . . . . . . . . . . . . . . 189 Part 3 Consideration of State interests and notification stage 6 Decision on proceeding with proposed structure plan amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 7 Reconsidering proposed structure plan amendment for adverse effects on State interests . . . . . . . . . . . . . 191 8 Public notice of, and access to, proposed structure plan amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 9 Public access to proposed structure plan amendment .......................... 192 10 Consideration of submissions . . . . . . . . . . . . . . . . . . 193 11 Minimum notification requirements for consultation . . 193 12 Reporting to persons who made submissions about proposed structure plan amendment . . . . . . . . . . . . . 193

 


 

16 Urban Land Development Authority Bill 2007 Part 4 Adoption stage 13 Decision on proceeding with proposed structure plan amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 14 Reconsidering proposed structure plan amendment for adverse affects on State interests . . . . . . . . . . . . . 194 15 Adopting proposed structure plan amendment . . . . . 195 16 Public notice of adoption of, and access to, structure plan amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 17 Copy of notice and structure plan amendment to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 227 Amendment of sch 8 (Assessable development and self-assessable development) . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 228 Amendment of sch 9 (Development that is exempt from assessment against a planning scheme) . . . . . . . . . . . . . . . . . . . 199 229 Amendment of sch 10 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 199 Part 9 Amendment of Land Act 1994 230 Act amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 231 Amendment of s 16 (Deciding appropriate tenure) . . . . . . . . . . . 206 232 Amendment of s 33 (Revocation of reserve) . . . . . . . . . . . . . . . . 206 233 Amendment of s 38 (Cancelling a deed of grant in trust) . . . . . . . 206 234 Amendment of s 122 (Deeds of grant of unallocated State land). 206 235 Amendment of s 290J (Requirements for registration of plan of subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 236 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 207 Part 10 Amendment of Land Title Act 1994 237 Act amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 238 Amendment of s 50 (Requirements for registration of plan of subdivision) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208 239 Amendment of s 65 (Requirements of instrument of lease) . . . . . 208 240 Amendment of s 83 (Registration of easement) . . . . . . . . . . . . . . 208 241 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 209 Part 11 Amendment of Nuclear Facilities Prohibition Act 2007 242 Act amended in pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 243 Amendment of s 8 (No development approval or mining tenement for a nuclear facility) . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 Part 12 Amendment of Public Service Act 1996 244 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 245 Amendment of sch 1 (Public service offices and their heads) . . . 210 Part 13 Amendment of Transport Infrastructure Act 1994 246 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210

 


 

17 Urban Land Development Authority Bill 2007 247 Amendment of s 49 (Assessment of impacts on State-controlled roads from certain activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 248 Amendment of s 50 (Ancillary works and encroachments) . . . . . 210 Part 14 Amendment of Vegetation Management Act 1999 249 Act amended in pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 250 Amendment of s 22A (Particular vegetation clearing applications may be assessed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212

 


 

 

2007 A Bill for An Act for the development of land in particular parts of the State, and for related purposes

 


 

s1 20 s3 Urban Land Development Authority Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Division 1 Introduction 3 1 Short title 4 This Act may be cited as the Urban Land Development 5 Authority Act 2007. 6 2 Commencement 7 This Act commences on a day to be fixed by proclamation. 8 3 Main purposes of Act and their achievement 9 (1) For achieving its main purposes, this Act-- 10 (a) provides for particular parts of the State to be declared 11 as areas called urban development areas; and 12 (b) establishes the Urban Land Development Authority to 13 plan, carry out, promote or coordinate and control, the 14 development of land in those areas. 15 (2) The main purposes of this Act are to facilitate the following in 16 the areas-- 17 (a) the availability of land for urban purposes; 18 (b) the provision of a range of housing options to address 19 diverse community needs; 20 (c) the provision of infrastructure for urban purposes; 21 (d) planning principles that give effect to ecological 22 sustainability and best practice urban design; 23 (e) the provision of an ongoing availability of affordable 24 housing options for low to moderate income 25 households. 26

 


 

s4 21 s6 Urban Land Development Authority Bill 2007 (3) In this section-- 1 ecological sustainability means a balance that integrates-- 2 (a) protection of ecological processes and natural systems 3 at local, regional, State and wider levels; and 4 (b) economic development; and 5 (c) maintenance of the cultural, economic, physical and 6 social wellbeing of people and communities. 7 range of housing options, to address diverse community 8 needs, means the range of housing required to meet the range 9 of community needs, including, for example, housing of 10 different size, type, price, built form, density, cost, 11 adaptability and tenure. 12 4 Act binds all persons 13 (1) This Act binds all persons including the State and, to the 14 extent the legislative power of the Parliament permits, the 15 Commonwealth and the other States. 16 (2) Nothing in this Act makes the State liable to be prosecuted for 17 an offence. 18 Division 2 Interpretation 19 5 Definitions 20 The dictionary in the schedule defines particular words used 21 in this Act. 22 6 Development and its types 23 (1) Development is development as defined under the Integrated 24 Planning Act, section 1.3.2. 25 (2) UDA assessable development is development that a 26 development scheme provides is UDA assessable 27 development. 28

 


 

s7 22 s9 Urban Land Development Authority Bill 2007 (3) UDA self-assessable development is development that a 1 development scheme provides is UDA self-assessable 2 development. 3 (4) Development other than UDA assessable development or 4 UDA self-assessable development is UDA exempt 5 development. 6 Part 2 Urban development areas 7 Division 1 Declaration and revocation of urban 8 development areas 9 7 Declaration 10 (1) A regulation (a declaration regulation) may declare a part of 11 the State to be an urban development area. 12 (2) In making the declaration, regard must be had to the main 13 purposes of this Act. 14 8 Interim land use plan required 15 (1) A declaration regulation must make an interim land use plan 16 regulating development in the urban development area 17 declared under it. 18 (2) The plan may provide for any matter mentioned in section 19 23(2)(a) or (3). 20 (3) Until a development scheme for the area takes effect, the plan 21 has effect as if a development scheme were in force for the 22 area and the interim land use plan was the land use plan 23 included in the development scheme. 24 9 Expiry of interim land use plan 25 (1) An interim land use plan for an urban development area 26 expires 12 months after it commences. 27

 


 

s 10 23 s 11 Urban Land Development Authority Bill 2007 (2) However, a regulation may make a new land use plan for the 1 urban development area. 2 (3) Section 8(2) and (3) applies to the new land use plan. 3 10 Tabling and inspection of documents adopted in 4 declaration regulation 5 (1) This section applies if-- 6 (a) a declaration regulation makes an interim land use plan 7 by adopting, applying or incorporating all or part of 8 another document (the adopted provisions); and 9 (b) the adopted provisions are not part of, or attached to, the 10 regulation. 11 (2) The Minister must, when the regulation is tabled in the 12 Legislative Assembly under the Statutory Instruments Act 13 1992, section 49, also table a copy of the adopted provisions. 14 Note-- 15 The authority must keep a register of interim land use plans as amended 16 from time to time, and publish them on its website. See section 132. 17 (3) A failure to comply with this section does not invalidate or 18 otherwise affect the regulation. 19 11 Revocation or reduction of urban development area 20 (1) This section applies if it is proposed to amend or revoke a 21 declaration regulation (the UDA change) so that land in an 22 urban development area will no longer be in an urban 23 development area. 24 (2) Subject to subsection (4), the Minister may, by notice to the 25 relevant local government, make an amendment of the local 26 government's planning instruments to provide for the land 27 (the planning instrument change). 28 (3) On the giving of the notice, the planning instrument change is, 29 for the Integrated Planning Act, taken to have been made by 30 the local government. 31 (4) The Integrated Planning Act, sections 2.1.5, 2.1.12 and 2.1.19 32 and schedules 1, 2 and 3 do not apply for the making of the 33 planning instrument change. 34

 


 

s 12 24 s 12 Urban Land Development Authority Bill 2007 (5) Before making the planning instrument change, the Minister 1 must-- 2 (a) give the relevant local government the proposed 3 planning instrument change; and 4 (b) invite it to, within 40 business days after it is given the 5 proposed amendment, make submissions to the Minister 6 about the proposed planning instrument change; and 7 (c) consider any submissions made under paragraph (b). 8 (6) The UDA change may be made only if the Minister has made 9 the planning instrument change. 10 (7) The planning instrument change takes effect at the same time 11 as the UDA change. 12 12 Interim local laws 13 (1) This section applies if land ceases to be in an urban 14 development area and, immediately before the cessation, 15 by-laws applied to the area. 16 (2) A regulation may make a local law (the interim local law) for 17 the land, about any matter provided for under the by-laws. 18 (3) However, the regulation may be made only if the relevant 19 local government has agreed to the making of the regulation. 20 (4) For the Local Government Act 1993, the interim local law is 21 taken to have been made under that Act by the relevant local 22 government. 23 (5) The interim local law expires 12 months after it commences. 24

 


 

s 13 25 s 15 Urban Land Development Authority Bill 2007 Division 2 Relationship with Integrated 1 Planning Act 2 Subdivision 1 Provisions about the declaration of 3 urban development areas 4 13 Existing IPA development applications 5 (1) This section applies if, immediately before the declaration of 6 an area as an urban development area-- 7 (a) an IPA development application had been made for land 8 in the area; and 9 (b) the application was a properly made application and had 10 not lapsed under that Act; and 11 (c) the application had not been decided. 12 (2) Despite the declaration, the application must be decided under 13 the Integrated Planning Act, and that Act continues to apply, 14 as if the land were not land in an urban development area. 15 14 Existing IPA development approvals 16 If, immediately before the declaration of an area as an urban 17 development area, an IPA development approval is in effect 18 for land in the area, the approval continues in effect as an IPA 19 development approval. 20 15 Community infrastructure designations 21 (1) A community infrastructure designation can not be made for 22 land in an urban development area. 23 (2) However, a community infrastructure designation in force 24 immediately before the declaration of the urban development 25 area continues in force for the land. 26 (3) Subsection (1) applies, despite the Integrated Planning Act, 27 chapter 2, part 6. 28 Note-- 29 See also part 4, division 2 (Protection of particular uses and rights). 30

 


 

s 16 26 s 17 Urban Land Development Authority Bill 2007 Subdivision 2 Provisions about the cessation of 1 urban development areas 2 16 Conversion of UDA development approval to IPA 3 development approval 4 (1) This section applies if-- 5 (a) land ceases to be in an urban development area; and 6 (b) immediately before the cessation, a UDA development 7 approval was in force for the land. 8 (2) On the cessation, the UDA development approval is taken to 9 be an IPA development approval for the land that took effect 10 at the same time as the UDA development approval. 11 (3) However, if an appeal under section 61 has been started, or is 12 started within 20 business days after the cessation, the appeal 13 may be decided under that section as if the cessation had not 14 happened. 15 17 Outstanding UDA development applications 16 (1) This section applies if-- 17 (a) land ceases to be in an urban development area; and 18 (b) immediately before the cessation, a UDA development 19 application had been made for the land but not decided. 20 (2) Despite the cessation, the application must continue to be 21 decided under this Act as if-- 22 (a) the land were still in an urban development area; and 23 (b) the application were being decided on the day before the 24 cessation. 25 (3) If a UDA development approval is granted because of the 26 application, the approval is, immediately after it takes effect 27 under this Act, taken to be an IPA development approval. 28

 


 

s 18 27 s 19 Urban Land Development Authority Bill 2007 18 Provisions for converted IPA development approval 1 (1) This section applies for a UDA development approval that, 2 under section 16(2) or 17(3), becomes an IPA development 3 approval. 4 (2) UDA development conditions stated in the UDA development 5 approval are taken to be conditions of the IPA development 6 approval. 7 (3) The Integrated Planning Act, section 4.1.27 does not apply to 8 the IPA development approval or the conditions, or a decision 9 relating to any of them. 10 (4) To remove any doubt, it is declared that subsection (3) does 11 not limit or otherwise affect any appeal mentioned in section 12 16(3). 13 (5) The assessing authority under the Integrated Planning Act for 14 the IPA development approval is taken to be the entity that 15 would have been the assessing authority had-- 16 (a) the relevant land never been in an urban development 17 area; and 18 (b) an IPA development application been made for the 19 relevant development when the UDA development 20 application for the UDA development approval was 21 made. 22 (6) A person other than the assessing authority under subsection 23 (5) can not bring a proceeding under the Integrated Planning 24 Act, section 4.1.21 in relation to the IPA development 25 approval or the conditions. 26 Editor's note-- 27 Integrated Planning Act, sections 4.1.21 (Court may make declarations) 28 and 4.1.27 (Appeals by applicants) 29 19 Lawful uses in urban development area 30 If-- 31 (a) under an Act, a use of premises in an urban development 32 area is a lawful use of the premises; and 33 (b) the premises ceases to be in an urban development area; 34

 


 

s 20 28 s 21 Urban Land Development Authority Bill 2007 the use is taken to be a lawful use of the premises under the 1 Integrated Planning Act. 2 Division 3 Relationship with particular Acts 3 about local government 4 20 Relationship with the City of Brisbane Act 1924 or the 5 Local Government Act 1993 6 (1) The declaration of an area as an urban development area does 7 not affect-- 8 (a) the operation of the City of Brisbane Act 1924 or the 9 Local Government Act 1993 in relation to the area; or 10 (b) the area of the relevant local government; or 11 (c) the jurisdiction, under the Acts, of the relevant local 12 government. 13 (2) However, the performance of the relevant local government's 14 functions or the exercise of its powers under the Acts is 15 subject to the authority's functions or powers under this Act. 16 (3) Subsection (1) is subject to section 104. 17 Part 3 Development schemes 18 Division 1 Making development schemes 19 21 Application of div 1 20 This division applies on the declaration of an urban 21 development area. 22

 


 

s 22 29 s 23 Urban Land Development Authority Bill 2007 22 Development scheme required 1 (1) Subject to the other provisions of this division, the authority 2 must make a development scheme for the area as soon as 3 practicable after the making of the declaration. 4 (2) The development scheme is a statutory instrument and has the 5 force of law. 6 23 Content of development scheme 7 (1) The development scheme may provide for any matter that the 8 authority considers will promote the proper and orderly 9 planning, development and management of the area. 10 (2) The development scheme must include-- 11 (a) a land use plan regulating development in the area; and 12 (b) a plan for infrastructure in the area; and 13 (c) an implementation strategy to achieve the main purposes 14 of this Act for the area, to the extent they are not 15 achieved by the land use plan or infrastructure plan. 16 (3) Without limiting subsection (2)(a), the land use plan may-- 17 (a) provide for any matter about which a planning 18 instrument may provide for an area; or 19 (b) prohibit the carrying out of particular assessable 20 development; or 21 (c) identify any UDA assessable development or UDA 22 self-assessable development in the area; or 23 (d) state that particular development is consistent or 24 inconsistent with the plan; or 25 (e) require public notice of UDA development applications 26 for stated UDA assessable development in the area. 27 (4) Despite subsections (1) and (2), the development scheme is 28 subject to part 4, division 2. 29 (5) In making the development scheme, the authority must 30 consider, but is not bound by, a requirement under any of the 31 following relevant to the area-- 32 (a) a planning instrument; 33

 


 

s 24 30 s 25 Urban Land Development Authority Bill 2007 (b) a plan, policy or code made under the Integrated 1 Planning Act or another Act. 2 24 Preparation of proposed development scheme 3 (1) The authority must, as soon as practicable, prepare a proposed 4 development scheme for the area. 5 (2) However, before preparing the proposed scheme, the 6 authority-- 7 (a) must consult, in the way it considers appropriate, with 8 the relevant local government; and 9 (b) must make reasonable endeavours to consult, in the way 10 it considers appropriate, with any of the following the 11 authority considers will be likely to be affected by a 12 development scheme for the area-- 13 (i) a government entity or GOC; 14 (ii) another person or entity. 15 25 Public notification 16 (1) After preparing the proposed development scheme, the 17 authority must-- 18 (a) publish the proposed scheme on its website; and 19 (b) in a gazette notice-- 20 (i) state that the proposed scheme may be inspected 21 on the authority's website; and 22 (ii) invite anyone to make submissions on the proposed 23 scheme within a stated period fixed by the 24 authority (the submission period); and 25 (c) publish a notice to the same effect as the gazette notice 26 at least once in a newspaper circulating in the area of the 27 relevant local government. 28 (2) The submission period must end at least 30 business days 29 after it starts. 30

 


 

s 26 31 s 29 Urban Land Development Authority Bill 2007 26 Submissions on proposed scheme 1 Anyone may make submissions about the proposed 2 development scheme within the submission period. 3 27 Consideration of submissions 4 (1) The authority must consider any submissions received within 5 the submission period. 6 (2) Subsection (1) does not prevent the authority from 7 considering a submission made to it after the submission 8 period has ended. 9 28 Amendment of proposed scheme 10 (1) After complying with section 27, the authority may amend the 11 proposed development scheme in any way it considers 12 appropriate. 13 (2) If the authority considers the amendment significantly 14 changes the proposed scheme, it must re-comply with sections 15 25 and 27 for the amended scheme. 16 29 Initial making and submission of scheme 17 (1) The authority must, as soon as practicable after complying 18 with section 27 and 28, make the development scheme (the 19 submitted scheme) and give it to the Minister. 20 (2) The submitted scheme must be accompanied by a report 21 that-- 22 (a) summarises the submissions considered by the 23 authority; and 24 (b) is about-- 25 (i) the merits of the submissions; and 26 (ii) to what extent the proposed development scheme 27 was amended to reflect the submissions. 28

 


 

s 30 32 s 32 Urban Land Development Authority Bill 2007 30 Notice of submitted scheme 1 The authority must, as soon as practicable after giving the 2 Minister the submitted scheme, give each person (a submitter) 3 who made a submission received within the submission 4 period about the scheme a notice stating that-- 5 (a) the scheme has been made and submitted to the 6 Minister; and 7 (b) the authority's report about the submitted scheme can be 8 inspected on its website; and 9 (c) if the submitter is an affected owner for the relevant 10 urban development area--that the submitter may, within 11 20 business days after receiving the notice, ask the 12 Minister to amend the submitted scheme to protect the 13 owner's interests. 14 31 Ministerial power to amend submitted scheme at affected 15 owner's request 16 (1) The Minister may amend the submitted scheme in a way the 17 Minister considers appropriate to protect an affected owner's 18 interests. 19 (2) However, the amendment may be made only if-- 20 (a) the affected owner has, within 20 business days after 21 being given notice of the submitted scheme under 22 section 30, asked the Minister to amend it to protect the 23 owner's interests; and 24 (b) the amendment is made within 40 business days after 25 the submitted scheme was given to the Minister. 26 32 Direction to authority to engage again in public 27 notification and submissions 28 If the Minister considers an amendment of the submitted 29 scheme significantly changes the submitted scheme, the 30 Minister must give the authority a written direction to 31 re-comply with sections 25, 27, 28 and 29 for the submitted 32 scheme as amended. 33

 


 

s 33 33 s 35 Urban Land Development Authority Bill 2007 33 When proposed scheme takes effect 1 The development scheme does not take effect until it has been 2 approved under a regulation. 3 Note-- 4 For UDA development applications, see however section 57 (Matters to 5 be considered in making decision). 6 34 Notice of development scheme 7 The authority must, as soon as practicable after the 8 development scheme takes effect-- 9 (a) publish the scheme on its website; and 10 (b) publish at least once in a newspaper circulating in the 11 area a notice stating that-- 12 (i) the scheme has been approved; and 13 (ii) it may be inspected on the authority's website; and 14 (c) give each person who made a submission received 15 within the submission period about the scheme a notice 16 that-- 17 (i) the scheme has been approved; and 18 (ii) the authority's report about the scheme can be 19 inspected on its website. 20 Division 2 Amendment of development 21 schemes 22 Subdivision 1 Amendment by Minister 23 35 Power to amend at authority's request 24 (1) The Minister may, at the authority's request, amend a 25 development scheme if-- 26 (a) the amendment does not change the land use plan for the 27 relevant urban development area; or 28

 


 

s 36 34 s 37 Urban Land Development Authority Bill 2007 (b) the amendment changes the land use plan--the Minister 1 considers-- 2 (i) the amendment is necessary to ensure the 3 implementation of the scheme complies with this 4 Act; or 5 (ii) there is a significant risk of serious environmental 6 harm, within the meaning of the Environmental 7 Protection Act 1994, section 17, or serious adverse 8 cultural, economic or social conditions occurring 9 in the relevant urban development area; or 10 (iii) the amendment corrects an error. 11 (2) To remove any doubt, it is declared that an amendment 12 mentioned in subsection (1)(b) may be made even if it is 13 materially detrimental to someone's interests. 14 36 When amendment takes effect 15 An amendment of a development scheme by the Minister does 16 not take effect until it has been approved under a regulation. 17 37 Notice of amendment 18 The authority must, as soon as practicable after an amendment 19 of a development scheme by the Minister takes effect-- 20 (a) publish the amended development scheme on its 21 website; and 22 (b) publish at least once in a newspaper circulating in the 23 area of the relevant urban development area, a notice 24 stating that-- 25 (i) the scheme has been amended; and 26 (ii) the amended scheme may be inspected on the 27 authority's website; and 28 (c) if the amendment was made under section 31, tell the 29 relevant affected owner that-- 30 (i) the scheme has been amended because of the 31 request; and 32

 


 

s 38 35 s 39 Urban Land Development Authority Bill 2007 (ii) the amended scheme may be inspected on the 1 authority's website. 2 Subdivision 2 Amendment by authority 3 38 Division 1 process applies 4 (1) The authority may amend a development scheme only if 5 procedures under division 1 for making development schemes 6 have been followed. 7 (2) Division 1 applies to the amendment as if-- 8 (a) a reference in the division to making a development 9 scheme were a reference to the making of the 10 amendment; and 11 (b) a reference in the division to a proposed development 12 scheme were a reference to the proposed amendment. 13 Subdivision 3 Tabling and inspection of 14 development schemes 15 39 Tabling and inspection requirement 16 (1) This section applies if-- 17 (a) a regulation under this division approves a development 18 scheme or an amendment of a development scheme; and 19 (b) the development scheme or amendment is not part of, or 20 attached to, the regulation. 21 (2) The Minister must, when the regulation is tabled in the 22 Legislative Assembly under the Statutory Instruments Act 23 1992, section 49, also table a copy of the development scheme 24 or amendment. 25 Note-- 26 The authority must keep a register of development schemes as amended 27 from time to time, and publish them on its website. See section 132. 28 (3) A failure to comply with this section does not invalidate or 29 otherwise affect the regulation. 30

 


 

s 40 36 s 42 Urban Land Development Authority Bill 2007 Division 3 Miscellaneous provision 1 40 Development scheme prevails over particular 2 instruments 3 If there is a conflict between a development scheme and any 4 of the following instruments, the development scheme 5 prevails to the extent of the inconsistency-- 6 (a) a planning instrument; 7 (b) a plan, policy or code made under the Integrated 8 Planning Act or another Act. 9 Part 4 Development and uses in urban 10 development areas 11 Division 1 UDA development offences 12 41 Application of div 1 13 This division applies subject to division 2. 14 42 Carrying out UDA assessable development without UDA 15 development approval 16 (1) A person must not carry out UDA assessable development in 17 an urban development area without a UDA development 18 approval for the development. 19 Maximum penalty--1665 penalty units. 20 (2) Despite subsection (1), the maximum penalty is 17000 21 penalty units if the UDA assessable development is-- 22 (a) the demolition of a building identified in a development 23 scheme as a building of cultural heritage significance; or 24 (b) on a registered place under the Queensland Heritage Act 25 1992. 26

 


 

s 43 37 s 46 Urban Land Development Authority Bill 2007 43 UDA self-assessable development must comply with 1 development scheme 2 If a person carries out UDA self-assessable development in an 3 urban development area, the person must comply with the 4 requirements under the development scheme for the area 5 about carrying out UDA self-assessable development. 6 Maximum penalty--165 penalty units. 7 44 Compliance with UDA development approval 8 A person must not contravene a UDA development approval. 9 Maximum penalty--1665 penalty units. 10 45 Offence about use of premises 11 A person must not use premises in an urban development area 12 unless the use is a lawful use of the premises. 13 Maximum penalty--1665 penalty units. 14 Division 2 Protection of particular uses and 15 rights 16 46 Exemption for particular IPA development approvals and 17 community infrastructure designations 18 (1) This section applies to-- 19 (a) an IPA development approval for land in an urban 20 development area-- 21 (i) granted under section 13(2); or 22 (ii) continued in force under section 14; and 23 (b) a community infrastructure designation continued in 24 force, under section 15(2), for land in an urban 25 development area. 26 (2) The carrying out of development or the use of premises under 27 the approval or community infrastructure designation is not a 28 UDA development offence. 29

 


 

s 47 38 s 50 Urban Land Development Authority Bill 2007 47 Lawful uses of premises protected 1 (1) This section applies if, immediately before the taking of effect 2 of a development scheme, or of an amendment of a 3 development scheme, the use of premises was a lawful use of 4 the premises in the relevant urban development area. 5 (2) Neither the development scheme nor the amendment can-- 6 (a) stop the use from continuing; or 7 (b) further regulate the use; or 8 (c) require the use to be changed. 9 48 Lawfully constructed buildings and works protected 10 To the extent a building has been lawfully constructed or 11 works lawfully carried out, neither a development scheme nor 12 an amendment of a development scheme can require the 13 building or work to be altered or removed. 14 49 Amendment of development scheme does not affect 15 existing IPA or UDA development approval 16 (1) This section applies if-- 17 (a) an IPA development approval or UDA development 18 approval is in effect for premises in an urban 19 development area; and 20 (b) after the approval is given, the development scheme for 21 the area is amended. 22 (2) To the extent the approval has not lapsed, the amendment does 23 not stop or further regulate the relevant development, or 24 otherwise affect the approval. 25 50 Development or use carried out in emergency 26 A person does not commit a UDA development offence if-- 27 (a) the person carries out development or a use of premises 28 because of an emergency endangering-- 29 (i) the life or health of a person; or 30 (ii) the structural safety of a building; and 31

 


 

s 51 39 s 53 Urban Land Development Authority Bill 2007 (b) the person gives notice of the development or use that 1 would otherwise be a UDA development offence to the 2 authority as soon as practicable after starting the 3 development or use. 4 Division 3 UDA development applications 5 Subdivision 1 Making application 6 51 How to make application 7 (1) Each UDA development application must-- 8 (a) be made to the authority in the approved form; and 9 (b) contain, or be accompanied by, the consent of the owner 10 of the relevant land, other than to the extent the 11 application is for operational work; and 12 (c) be accompanied by the application fee decided by the 13 authority. 14 (2) The application is a properly made application only if-- 15 (a) it complies with subsection (1); or 16 (b) the authority receives and, after considering any 17 noncompliance with subsection (1), accepts the 18 application. 19 Subdivision 2 Processing application 20 52 Application of sdiv 2 21 This subdivision applies if a UDA development application is 22 a properly made application under section 51. 23 53 Information requests to applicant 24 (1) The authority may, by notice (an information request), ask 25 the applicant to, within a stated period of at least 20 business 26

 


 

s 54 40 s 54 Urban Land Development Authority Bill 2007 days, give further stated information the authority needs to 1 decide the application. 2 (2) However, an information request can not be made more than 3 20 business days after the making of the application. 4 (3) If the applicant does not comply with the request, the 5 authority may refuse the application. 6 (4) However, the authority may refuse the application only if it 7 has given the applicant at least 10 business days notice of its 8 intention to do so. 9 54 Notice of application 10 (1) This section applies only if-- 11 (a) the land use plan or interim land use plan for the 12 relevant urban development area requires public notice 13 of UDA development applications; or 14 (b) the authority, within 20 business days after the making 15 of the application, gives the applicant notice that the 16 applicant must comply with this section. 17 (2) The applicant must-- 18 (a) publish a notice about the application in a newspaper 19 circulating in the area of the relevant local government; 20 and 21 (b) give a copy of the notice to each entity the authority 22 requires the applicant to give a copy to; and 23 (c) place the notice on the land in the way prescribed under 24 a regulation; and 25 (d) give the notice to the owners of all land that adjoins the 26 land. 27 (3) However, if an information request has been given for the 28 application, the steps under subsection (2) must not start until 29 the applicant has complied with the request. 30 (4) The notice must-- 31 (a) state that-- 32

 


 

s 55 41 s 55 Urban Land Development Authority Bill 2007 (i) the applicant has made a UDA development 1 application; and 2 (ii) the application may be inspected on the authority's 3 website; and 4 (b) describe the relevant land; and 5 (c) generally describe the relevant development; and 6 (d) invite anyone to make submissions to the authority 7 about the application within a stated period (the 8 submission period); and 9 (e) state that the making of a submission does not give rise 10 to a right of appeal against a decision about the 11 application. 12 (5) The submission period-- 13 (a) must not start before subsection (2) is complied with; 14 and 15 (b) must be at least 20 business days; and 16 (c) must not include any business day from 20 December in 17 a particular year to 5 January in the following year, both 18 days inclusive. 19 (6) A requirement under subsection (2)(b) may be made only if 20 the authority considers the entity has an interest in the 21 outcome of the application. 22 55 Deciding application generally 23 (1) The authority can not decide the application unless the 24 authority is satisfied-- 25 (a) if an information request has been made for the 26 application--the request has been complied with; and 27 (b) if section 54 applies for the application--the applicant 28 has complied with the section; and 29 (c) the submission period for the application has ended. 30 (2) Subject to section 53(3), the authority must decide the 31 application within 40 business days after it is satisfied as 32 mentioned in subsection (1). 33

 


 

s 56 42 s 57 Urban Land Development Authority Bill 2007 (3) However, a failure to comply with subsection (2) does not 1 prevent the authority from deciding the application. 2 (4) The authority must decide to-- 3 (a) grant all or part of the UDA development approval 4 applied for; or 5 (b) grant all or part of the UDA development approval 6 applied for subject to conditions decided by the 7 authority (each a UDA development condition); or 8 (c) refuse to grant a UDA development approval. 9 56 Restrictions on granting approval 10 The authority can not grant the UDA development approval 11 applied for if the relevant development would be inconsistent 12 with-- 13 (a) the land use plan for the relevant urban development 14 area; or 15 (b) a preliminary approval under the Integrated Planning 16 Act in force for the relevant land. 17 57 Matters to be considered in making decision 18 (1) In deciding the application, the authority must consider-- 19 (a) the purposes of this Act; and 20 (b) any submissions made to it about the application, during 21 the submission period; and 22 (c) the following, as in force or as prepared when the 23 application is decided-- 24 (i) if there is a development scheme for the relevant 25 urban development area--the development 26 scheme; 27 (ii) if there is no development scheme for the area but 28 there is a proposed development scheme for the 29 area--the proposed development scheme; and 30

 


 

s 58 43 s 58 Urban Land Development Authority Bill 2007 (iii) if there is no development scheme for the area and 1 no proposed development scheme for the 2 area--the interim land use plan for the area; and 3 (d) any preliminary approval under the Integrated Planning 4 Act in force for the relevant land. 5 (2) Also, in deciding the application, if-- 6 (a) there is both a development scheme and a proposed 7 development scheme for the area; and 8 (b) the proposed scheme was prepared after the 9 development scheme took effect; 10 the authority may, subject to section 56, give the weight it 11 considers appropriate to the proposed scheme. 12 (3) Subsection (1)(b) does not prevent the authority from 13 considering a submission about the application made to it 14 after the submission period has ended. 15 (4) In this section-- 16 proposed development scheme, for the area, means a 17 proposed development scheme, or a proposed amendment of a 18 development scheme, for the area published under section 25, 19 or section 25 as applied under section 38, that has not taken 20 effect. 21 58 UDA development conditions 22 Without limiting section 55(4), a UDA development condition 23 may-- 24 (a) nominate a stated entity to be the nominated assessing 25 authority for the condition; or 26 (b) relate to infrastructure, and the payment of contributions 27 or the surrender of land for infrastructure, for any urban 28 development area; or 29 (c) require the making of stated improvements to the 30 relevant land; or 31 (d) impose a condition or restriction on a disposal of the 32 relevant land. 33

 


 

s 59 44 s 60 Urban Land Development Authority Bill 2007 59 Decision notice 1 (1) Subject to section 60, the authority must, within 5 business 2 days after deciding the application, give notice of the decision 3 (the decision notice) to-- 4 (a) the applicant; and 5 (b) the relevant local government; and 6 (c) if the decision was to grant a UDA development 7 approval--any nominated assessing authority. 8 (2) The decision notice must-- 9 (a) be in the approved form; and 10 (b) state the decision; and 11 (c) state any UDA development conditions decided. 12 (3) If the decision was to refuse to grant an approval, the decision 13 notice must state the reasons for the refusal. 14 (4) If the decision was to grant an approval-- 15 (a) the decision notice is taken to be a UDA development 16 approval; and 17 (b) the authority must, when giving the decision notice to an 18 entity mentioned in subsection (1), also give the entity a 19 copy of any plans and specifications approved by the 20 authority concerning the approval. 21 (5) In this section-- 22 approval means a UDA development approval, with or 23 without UDA development conditions. 24 60 Restriction on giving decision notice if authority has a 25 financial interest 26 (1) This section applies if-- 27 (a) the authority has a financial interest in the relevant 28 development because of its participation in a business 29 arrangement other than with a government entity, GOC 30 or local government; and 31 (b) the authority proposes to approve the application or 32 approve it subject to conditions. 33

 


 

s 61 45 s 61 Urban Land Development Authority Bill 2007 (2) The authority can not give a decision notice for the 1 application unless the Minister has approved the proposed 2 decision. 3 (3) In this section-- 4 business arrangement means a company, partnership, trust or 5 joint venture or an arrangement with anyone for sharing 6 profits. 7 participate includes form, promote, establish, enter into, 8 manage, dissolve, wind-up or otherwise externally administer 9 and do anything else incidental to any of those things. 10 Subdivision 3 Appeals 11 61 Right of appeal against particular conditions 12 (1) This section applies if a UDA development condition includes 13 a nominated assessing authority (the entity) . 14 (2) The person who made the relevant UDA development 15 application may appeal to the Planning and Environment 16 Court against the authority's decision to impose the condition. 17 (3) An appeal under subsection (1) must be started within 20 18 business days after the day the applicant is given notice of the 19 decision. 20 (4) The Integrated Planning Act, chapter 4, part 1, divisions 10 to 21 12, apply to the appeal as if-- 22 (a) it were an appeal mentioned in the divisions; and 23 (b) the entity were the only other party to the appeal. 24 (5) However-- 25 (a) the appellant must, as soon as practicable after giving 26 the entity the notice of the appeal required under the 27 Integrated Planning Act, chapter 4, part 1, division 10, 28 give the authority a copy of the notice; and 29 (b) the authority may, by lodging a notice of election with 30 the registrar of the court, elect to become a party to the 31 appeal. 32

 


 

s 62 46 s 64 Urban Land Development Authority Bill 2007 (6) The authority must give the other parties a copy of the notice 1 of election as soon as practicable after it is lodged. 2 Subdivision 4 Ministerial call in 3 62 Application of sdiv 4 4 This subdivision applies if a decision notice is given for a 5 UDA development application. 6 63 Minister's power to call in 7 (1) The Minister may, by notice (the call in notice) to the 8 authority given within the relevant period, call in the 9 application. 10 (2) However, the Minister may give the call in notice only if the 11 Minister considers the relevant development involves a State 12 interest. 13 (3) In this section-- 14 relevant period means-- 15 (a) for a decision to refuse to grant a UDA development 16 approval, 10 business days after the giving of the 17 decision notice; or 18 (b) for a decision to grant a UDA development approval, the 19 latest of the following periods to end-- 20 (i) 10 business days after the approval takes effect; 21 (ii) 10 business days after the authority receives a copy 22 of a notice of appeal relating to the approval. 23 64 Call in ends decision, approval and any appeal 24 (1) On the giving of the call in notice-- 25 (a) the decision the subject of the notice and any UDA 26 development approval granted because of the decision 27 have no further effect; and 28

 


 

s 65 47 s 66 Urban Land Development Authority Bill 2007 (b) any appeal to the Planning and Environment Court 1 relating to the approval lapses. 2 (2) However, subsection (1) does not affect the validity of the 3 approval or anything done under it before the giving of the 4 notice. 5 65 Notice of call in 6 The authority must give a copy of the call in notice to-- 7 (a) the person who made the relevant UDA development 8 application; and 9 (b) the owner of the relevant land; and 10 (c) the relevant local government; and 11 (d) any nominated assessing authority under any UDA 12 development approval granted under the decision; and 13 (e) if an appeal relating to the approval has been started in 14 the Planning and Environment Court--that court; and 15 (f) anyone who made a submission to the authority about 16 the application, during the submission period. 17 66 Minister must re-decide application 18 (1) The Minister must, within 40 business days after giving the 19 call in notice, re-decide the application, in the way mentioned 20 in section 55(4). 21 (2) However, a failure to comply with subsection (1) does not 22 prevent the Minister from re-deciding. 23 (3) Sections 55(4), and 56 to 59 apply for the making of the 24 decision as if a reference to the authority were a reference to 25 the Minister. 26 (4) However, in making the decision, the Minister may also 27 consider a State interest. 28 (5) In making the decision, the Minister may have regard to 29 information from any source, even if the information was not 30 available to the authority when it made its decision. 31 (6) The Minister can not-- 32

 


 

s 67 48 s 68 Urban Land Development Authority Bill 2007 (a) change or agree to change the application; or 1 (b) grant a UDA development approval for development 2 that is materially different from the development applied 3 for. 4 (7) The Minister's decision is taken, for this Act, other than 5 section 61, to be the authority's decision on the application. 6 (8) No right of appeal applies under section 61 in relation to the 7 Minister's decision. 8 Subdivision 5 Miscellaneous provisions 9 67 Approved material change of use required for particular 10 developments 11 (1) This section applies if, when a UDA development application 12 is made-- 13 (a) a structure or works, the subject of the application, may 14 not be used unless a UDA development approval exists 15 for the material change of use of premises for which the 16 structure is, or works are, proposed; and 17 (b) there is no UDA development approval for the change of 18 use; and 19 (c) approval for the material change of use has not been 20 applied for in the application or a separate application. 21 (2) The application is taken also to be for the change of use. 22 68 Changing application 23 (1) A UDA development application may be changed by the 24 applicant only if-- 25 (a) the applicant has given the authority notice stating 26 details of the proposed change; and 27 (b) the authority has agreed in writing to the making of the 28 change. 29

 


 

s 69 49 s 71 Urban Land Development Authority Bill 2007 (2) The agreement may be given only if the authority is satisfied 1 the change would not result in the relevant development being 2 materially different. 3 69 Withdrawing application 4 (1) A UDA development application may be withdrawn by the 5 applicant by notice given to the authority at any time before 6 the application is decided. 7 (2) The authority may refund all or part of any fee paid for the 8 application. 9 Division 4 UDA development approvals 10 Subdivision 1 General provisions 11 70 What approval authorises 12 A UDA development approval authorises the carrying out of 13 UDA assessable development to the extent provided for under 14 the approval. 15 71 Duration of approval 16 (1) A UDA development approval has effect from when the 17 decision notice for the relevant UDA development application 18 is given. 19 (2) The relevant development may, subject to any relevant UDA 20 development conditions, start when the approval takes effect. 21 (3) However, the approval ceases to have effect if it -- 22 (a) is cancelled under subdivision 2; or 23 (b) lapses under subdivision 3. 24 Note-- 25 A call in notice under division 3, subdivision 4 can also end the effect of 26 a UDA development approval. 27

 


 

s 72 50 s 74 Urban Land Development Authority Bill 2007 72 Approval attaches to the relevant land 1 (1) A UDA development approval attaches to the relevant land, 2 and binds its owner, the owner's successors in title and any 3 occupier of the land. 4 (2) To remove any doubt, it is declared that subsection (1) applies 5 even if later development, including reconfiguring a lot, is 6 approved for the land, or the land as reconfigured under the 7 UDA development approval. 8 73 Provision for enforcement of UDA development 9 conditions 10 (1) If there is a nominated assessing authority for a UDA 11 development condition, the Integrated Planning Act, chapter 12 4, part 3, divisions 2 and 3, and any other Act that refers to an 13 IPA development approval applies to the condition as if-- 14 (a) the relevant UDA development approval were an IPA 15 development approval; and 16 (b) the nominated assessing authority were an assessing 17 authority under the Integrated Planning Act for 18 development under the UDA development approval; and 19 (c) the reference to a development offence under the 20 Integrated Planning Act were a reference to a UDA 21 development offence. 22 (2) To remove any doubt, it is declared that this section does not 23 limit or otherwise affect the authority's ability to apply for an 24 enforcement order or to start a proceeding under this Act 25 relating to the condition. 26 Subdivision 2 Cancellations and changes 27 74 Cancellation 28 (1) The authority may cancel a UDA development approval only 29 if the owner of the relevant land consents in writing to the 30 cancellation. 31 (2) However, the authority can not cancel the UDA development 32 approval if the relevant development has started. 33

 


 

s 75 51 s 76 Urban Land Development Authority Bill 2007 (3) The authority may refund all or part of any fee paid for the 1 relevant UDA development application. 2 75 Application to change UDA development approval 3 (1) A person having an interest in the relevant land for a UDA 4 development approval may apply (the amendment 5 application) to the authority to change the approval. 6 (2) However, the amendment application may be made only if the 7 authority is satisfied the change would not result in the 8 relevant development being materially different. 9 (3) Division 3 applies for the amendment application as if-- 10 (a) a reference in the division to a UDA development 11 application were a reference to the amendment 12 application; and 13 (b) a reference in the division to a UDA development 14 approval were a reference to a changed UDA 15 development approval; and 16 (c) a reference in the division to the granting of a UDA 17 development approval were a reference to the making of 18 the change. 19 (4) However, section 54(1)(a) does not apply for the amendment 20 application. 21 Subdivision 3 Lapsing 22 76 When approval lapses generally 23 (1) This section applies subject to section 78(5) and any extension 24 granted under section 78. 25 (2) A UDA development approval lapses at the end of its currency 26 period unless-- 27 (a) for development that is a material change of use--the 28 change of use happens before the currency period ends; 29 or 30

 


 

s 77 52 s 77 Urban Land Development Authority Bill 2007 (b) for development that is reconfiguring a lot--the plan for 1 the reconfiguration of the lot is given to the authority for 2 its approval before the currency period ends; or 3 (c) for development not mentioned in paragraph (a) or 4 (b)--development under the approval substantially 5 starts before the currency period ends. 6 (3) To the extent the UDA development approval is for 7 development other than a material change of use or 8 reconfiguring a lot, its currency period is-- 9 (a) generally--2 years from the day the authority takes 10 effect (the day of effect ); or 11 (b) if the approval states a different period --the stated 12 period. 13 (4) To the extent the UDA development approval is for 14 development that is a material change of use, its currency 15 period is-- 16 (a) 4 years from the day of effect; or 17 (b) if the approval states a different period --the stated 18 period. 19 (5) To the extent the UDA development approval is for 20 development that is reconfiguring a lot, its currency period 21 is-- 22 (a) if the reconfiguring does not require operational 23 work-- 2 years from the day of effect; or 24 (b) if the reconfiguring requires operational work-- 4 years 25 from the day of effect; or 26 (c) if the approval states a different period --the stated 27 period. 28 77 Application to extend currency period 29 (1) Before a UDA development approval lapses under section 30 76(2), a person having an interest in the relevant land may 31 apply to the authority to extend the approval's currency period 32 applying under section 76. 33 (2) The application must be-- 34

 


 

s 78 53 s 79 Urban Land Development Authority Bill 2007 (a) in the approved form; and 1 (b) made before the currency period ends; and 2 (c) accompanied by the application fee decided by the 3 authority. 4 78 Deciding extension application 5 (1) This section applies if an application for an extension is made 6 under section 77. 7 (2) Before granting or refusing the extension, the authority must 8 consult with each nominated assessing authority under the 9 UDA development approval. 10 (3) The authority must grant or refuse the extension within-- 11 (a) generally--20 business days after the making of the 12 application; or 13 (b) if, during the 20 business days, the authority and the 14 applicant agree on a longer period--the longer period. 15 (4) The authority must, within 5 business days after making the 16 decision, give notice of the decision to the applicant and each 17 nominated assessing authority under the UDA development 18 approval. 19 (5) Despite section 76, the UDA development approval does not 20 lapse until the authority has given the applicant the notice 21 under subsection (4). 22 (6) If the decision was to refuse the extension, the notice must 23 state the reasons for the refusal. 24 Division 5 Miscellaneous provisions 25 79 Restriction on particular land covenants 26 A covenant under the Land Title Act 1994 or the Land Act 27 1994 for land in an urban development area is of no effect to 28 the extent the covenant is inconsistent with the development 29 scheme for the area. 30

 


 

s 80 54 s 81 Urban Land Development Authority Bill 2007 80 Plans of subdivision 1 (1) This section applies to a plan, however called, for the 2 reconfiguration of a lot if, under another Act, the plan requires 3 the approval, in whatever form, of the authority before it can 4 be registered or otherwise recorded under that Act. 5 (2) The Integrated Planning Act, chapter 3, part 7, applies-- 6 (a) as if a reference in that part to the local government 7 were a reference to the authority; and 8 (b) as if a reference in that part to a development permit 9 were a reference to a UDA development approval; and 10 (c) as if a reference in that part to a condition of a 11 development permit were a reference to a UDA 12 development condition of the UDA development 13 approval; and 14 (d) as if a reference in that part to the land were a reference 15 to the relevant land for the UDA development approval; 16 and 17 (e) as if a reference in that part to assessable development 18 were a reference to UDA assessable development; and 19 (f) as if a reference in that part to rates and charges levied 20 for the land included a reference to a special rate or 21 charge. 22 Part 5 Proceedings and related 23 matters 24 Division 1 Enforcement proceedings in 25 Planning and Environment Court 26 81 Starting proceeding for enforcement order 27 (1) The authority may start a proceeding in the Planning and 28 Environment Court-- 29

 


 

s 82 55 s 84 Urban Land Development Authority Bill 2007 (a) for an enforcement order to remedy or restrain the 1 commission of a UDA development offence; or 2 (b) if the authority has started a proceeding under this 3 section for an enforcement order and the court has not 4 decided the proceeding--for an order under section 82. 5 (2) A proceeding for an enforcement order may be started 6 whether or not anyone's right has been, or may be, infringed 7 by, or because of, the commission of the offence. 8 82 Making interim enforcement order 9 (1) The Planning and Environment Court may make an order 10 pending a decision of a proceeding for an enforcement order if 11 the court is satisfied it would be appropriate to make the 12 order. 13 (2) The court may make the order subject to conditions. 14 (3) However, a condition can not require the authority to give an 15 undertaking about damages. 16 83 Making enforcement order 17 (1) The Planning and Environment Court may make an 18 enforcement order if the court is satisfied the relevant 19 offence-- 20 (a) is being, or has been, committed; or 21 (b) will be committed unless the enforcement order is made. 22 (2) If the court is satisfied the offence is being or has been 23 committed, it may make the order whether or not there has 24 been a prosecution for the offence. 25 84 Effect of enforcement order 26 (1) An enforcement order may direct a party to the proceeding for 27 the order-- 28 (a) to stop an activity that constitutes, or will constitute, a 29 UDA development offence; or 30

 


 

s 84 56 s 84 Urban Land Development Authority Bill 2007 (b) not to start an activity that will constitute a UDA 1 development offence; or 2 (c) to do anything required to stop committing a UDA 3 development offence; or 4 (d) to return anything to a condition as close as practicable 5 to the condition it was in immediately before a UDA 6 development offence was committed; or 7 (e) to do anything about a development or use to comply 8 with this Act. 9 (2) Without limiting the Planning and Environment Court's 10 powers, it may make an enforcement order requiring-- 11 (a) the repairing, demolition or removal of a building; or 12 (b) for a UDA development offence relating to the clearing 13 of vegetation on freehold land-- 14 (i) rehabilitation or restoration of the area cleared; or 15 (ii) if the area cleared is not capable of being 16 rehabilitated or restored--the planting and 17 nurturing of stated vegetation on a stated area of 18 equivalent size. 19 (3) An enforcement order must state the time by which it must be 20 complied with. 21 (4) An enforcement order may-- 22 (a) be in terms the court considers appropriate to secure 23 compliance with this Act; and 24 (b) state that contravention of the order is a public nuisance. 25 (5) In this section-- 26 clearing, of vegetation-- 27 (a) means removing, cutting down, ringbarking, pushing 28 over, poisoning or destroying it in any way, including by 29 burning, flooding or draining; but 30 (b) does not include lopping a tree or the destruction of 31 standing vegetation by stock. 32

 


 

s 85 57 s 85 Urban Land Development Authority Bill 2007 85 Powers about enforcement orders 1 (1) The Planning and Environment Court's power to make an 2 enforcement order to stop, or not to start, an activity may be 3 exercised-- 4 (a) whether or not it appears to the court that the person 5 against whom the order is made (the relevant person) 6 intends to engage again, or to continue to engage again, 7 in the activity; and 8 (b) whether or not the relevant person has previously 9 engaged in an activity of the same type; and 10 (c) whether or not there is danger of substantial damage to 11 property or the environment or injury to another person 12 if the relevant person engages, or continues to engage, in 13 the activity. 14 (2) The court's power to make an enforcement order to do 15 anything may be exercised-- 16 (a) whether or not it appears to the court that the person 17 against whom the order is made (also the relevant 18 person) intends to fail, or to continue to fail, to do the 19 thing; and 20 (b) whether or not the relevant person has previously failed 21 to do a thing of the same type; and 22 (c) whether or not there is danger of substantial damage to 23 property or the environment or injury to another person 24 if the relevant person fails, or continues to fail, to do the 25 thing. 26 (3) The court may cancel or change an enforcement order on the 27 application of the authority or the person against whom the 28 order is made. 29 (4) The court's powers under this section are in addition to, and 30 do not limit, its other powers. 31 Note-- 32 For costs, see the Integrated Planning Act, section 4.1.23. 33 (5) In this section-- 34 environment see the Integrated Planning Act, schedule 10. 35

 


 

s 86 58 s 88 Urban Land Development Authority Bill 2007 86 Offence to contravene enforcement order 1 A person against whom an enforcement order has been made 2 must comply with the order. 3 Maximum penalty--3000 penalty units or 2 years 4 imprisonment. 5 Note-- 6 See also the Integrated Planning Act, section 4.1.5 (Contempt and 7 contravention of orders). 8 Division 2 Proceedings for offences 9 87 Proceedings for offences 10 (1) An offence against the following is a misdemeanour-- 11 (a) section 86; 12 (b) section 140, to the extent the offence relates to an 13 offence by a corporation against section 86. 14 Editor's note-- 15 section 140 (Executive officer must ensure corporation does not commit 16 particular offences) 17 (2) Any other offence against this Act is a summary offence. 18 (3) A proceeding for a summary offence against this Act may be 19 brought only by the authority or a person acting for the 20 authority. 21 88 Limitation on time for starting proceeding for summary 22 offence 23 A proceeding for a summary offence against this Act must 24 start-- 25 (a) within 1 year after the commission of the offence; or 26 (b) within 6 months after the offence comes to the 27 complainant's knowledge, but within 2 years after the 28 offence was committed. 29

 


 

s 89 59 s 90 Urban Land Development Authority Bill 2007 89 Orders Magistrates Court may make in offence 1 proceeding 2 (1) After hearing a complaint for an offence against this Act, the 3 Magistrates Court may make an order against the defendant 4 that the court considers appropriate. 5 (2) The order may be made in addition to, or in substitution for, 6 any penalty the court may otherwise impose. 7 (3) The order may require the defendant-- 8 (a) to stop development or carrying on a use; or 9 (b) to demolish or remove work carried out; or 10 (c) to restore, as far as practicable, premises to the condition 11 the premises were in immediately before development 12 or use of the premises started; or 13 (d) to do, or not to do, another act to ensure development or 14 use of the premises complies with a UDA development 15 approval or a development scheme; or 16 (e) for development that has started--to make a UDA 17 development application for the development. 18 (4) The order must state the time by which, or period within 19 which, the order must be complied with. 20 (5) The order may state that contravention of the order is a public 21 nuisance. 22 90 Offence to contravene Magistrates Court order 23 A person against whom an order under section 89 has been 24 made must comply with the order. 25 Maximum penalty--1665 penalty units or imprisonment for 26 12 months. 27

 


 

s 91 60 s 93 Urban Land Development Authority Bill 2007 Division 3 Miscellaneous provisions 1 91 Authority's power to remedy stated public nuisance 2 (1) This section applies if an enforcement order or an order under 3 section 89 states that contravention of the order is a public 4 nuisance. 5 (2) If the order is not complied with, the authority may undertake 6 any work necessary to remove the nuisance. 7 (3) If the authority carries out works under subsection (2), it may 8 recover from the person against whom the order was made the 9 reasonable cost of the works, as a debt. 10 92 Planning and Environment Court may make declarations 11 (1) The authority may bring a proceeding in the Planning and 12 Environment Court for a declaration about-- 13 (a) a matter done, to be done or that should have been done 14 for this Act; or 15 (b) the construction of this Act; or 16 (c) the lawfulness of land use or development relating to an 17 urban development area. 18 (2) The court may make an order about a declaration made under 19 subsection (1). 20 Part 6 Urban Land Development 21 Authority 22 Division 1 Establishment 23 93 Establishment of authority 24 The Urban Land Development Authority is established. 25

 


 

s 94 61 s 96 Urban Land Development Authority Bill 2007 94 Authority represents the State 1 (1) The authority represents the State. 2 (2) Without limiting subsection (1), the authority has the status, 3 privileges and immunities of the State. 4 95 Application of other Acts 5 (1) The authority is-- 6 (a) a unit of public administration; and 7 (b) a statutory body under the Financial Administration and 8 Audit Act 1977; and 9 (c) a statutory body under the Statutory Bodies Financial 10 Arrangements Act 1982. 11 (2) The Statutory Bodies Financial Arrangements Act 1982, part 12 2B, sets out the way in which the authority's powers under 13 this Act are affected by the Statutory Bodies Financial 14 Arrangements Act 1982. 15 Division 2 Authority's functions and powers 16 96 Main function and its achievement 17 (1) The authority's main function is to give effect to the purposes 18 of this Act. 19 (2) The main function is performed mainly by the authority-- 20 (a) planning, developing and managing land in urban 21 development areas, for urban purposes; and 22 (b) deciding UDA development applications; and 23 (c) coordinating the provision of infrastructure for urban 24 development areas. 25 (3) Also, the authority may help the development of, or carry out 26 activities or services relating to, land that adjoins an urban 27 development area if it considers that doing so will help the 28 performance of the authority's functions for the area. 29

 


 

s 97 62 s 98 Urban Land Development Authority Bill 2007 97 General powers 1 (1) Subject to any Ministerial direction, the authority has the 2 powers-- 3 (a) necessary or convenient to perform its functions; or 4 (b) incidental to the performance of the functions; or 5 (c) to help to achieve the purposes of this Act. 6 (2) Without limiting subsection (1), the authority may-- 7 (a) enter into infrastructure agreements under the Integrated 8 Planning Act, and other contracts; and 9 (b) acquire, hold, dispose of, and deal with, property; and 10 (c) appoint agents and attorneys; and 11 (d) engage consultants; and 12 (e) coordinate or provide infrastructure for urban 13 development areas; and 14 (f) fix charges and other terms, for the infrastructure; and 15 (g) coordinate, provide or pay for, infrastructure on land 16 outside urban development areas to help the 17 performance of the authority's functions relating to 18 urban development areas; and 19 (h) establish funds to ensure the provision of infrastructure 20 under development schemes continues to be provided; 21 and 22 (i) do anything necessary or convenient to be done in the 23 performance of its functions under this or another Act. 24 (3) In performing its functions, the authority may act alone or in 25 conjunction with public sector units, local governments, 26 agencies or instrumentalities of the Commonwealth and other 27 persons. 28 (4) The authority also has the powers conferred on it under 29 another Act. 30 98 Conditional disposal of land 31 (1) The authority may impose a condition or restriction on a 32 transfer of land by the authority. 33

 


 

s 99 63 s 100 Urban Land Development Authority Bill 2007 (2) Without limiting subsection (1) the authority and a transferee 1 may agree that the transferee-- 2 (a) must make stated improvements to the land; or 3 (b) is subject to stated restrictions on the transfer of or 4 dealing with the land. 5 (3) An agreement under subsection (2) may provide for remedies 6 against, and the power to impose sanctions on, the transferee 7 relating to the agreement. 8 99 Roads and road closures 9 (1) The authority may perform functions or exercise powers for a 10 road in an urban development area that the authority considers 11 necessary or desirable to perform its other functions. 12 (2) Without limiting subsection (1), the authority may, by gazette 13 notice, permanently or temporarily close all or part of a road 14 in an urban development area. 15 (3) Before the closing of the road takes effect, the authority must 16 publish a notice the authority considers appropriate about the 17 closure in a newspaper circulating in the urban development 18 area. 19 (4) The authority may do everything necessary to stop traffic 20 using a road or part of a road closed under this section. 21 (5) To remove any doubt, it is declared that this section applies-- 22 (a) whether or not a road is a State-controlled road under 23 the Transport Infrastructure Act 1994; and 24 (b) whether or not the Land Act 1994 applies to a road. 25 100 Power to vest land in permanently closed road or 26 unallocated State land in urban development areas 27 (1) The Authority may, by gazette notice, declare that any of the 28 following land in an urban development area is vested in the 29 authority, in fee simple-- 30 (a) land that comprised a road under the Land Act 1994 that 31 has been permanently closed under section 99; 32 (b) unallocated State land under the Land Act 1994. 33

 


 

s 101 64 s 101 Urban Land Development Authority Bill 2007 (2) The chief executive of the department in which the Land Act 1 1994 is administered must, under that Act, register the vesting 2 if the authority lodges in the land registry under that Act-- 3 (a) a request under that Act to register the vesting; and 4 (b) if that chief executive so requires--a plan of subdivision 5 under that Act for the land the subject of the vesting; and 6 (c) a copy of the gazette notice. 7 (3) On the registration of the request to vest, the Governor in 8 Council may issue to the authority a deed of grant under the 9 Land Act 1994 for the land the subject of the vesting. 10 (4) Despite the Land Act 1994 and the Land Title Act 1994, no fee 11 is payable by the authority in relation to the registration of the 12 vesting or to give effect to it. 13 101 Special rates or charges 14 (1) The authority may, with the Minister's written approval, make 15 and levy on owners or occupiers of rateable land in an urban 16 development area a special rate or charge on the land if-- 17 (a) the rate or charge is for a service, facility or activity 18 provided by the authority, or by a local government or 19 someone else at the authority's request; and 20 (b) in the authority's opinion-- 21 (i) the land, or the owner or occupier of the land, has 22 or will specially benefit from, or has or will have 23 special access to, the service, facility or activity; or 24 (ii) the owner or occupier of the land, or the use made 25 or to be made of the land, has, or will, specially 26 contribute to the need for the service, facility or 27 activity. 28 (2) The special rate or charge may be made and levied on the 29 bases the authority considers appropriate. 30 Note-- 31 See also section 127 (Recovery of special rate or charge). 32 (3) The authority may fix a minimum amount of the special rate 33 or charge. 34

 


 

s 101 65 s 101 Urban Land Development Authority Bill 2007 (4) Without limiting subsection (2), the amount of the special rate 1 or charge may vary according to the extent to which, in the 2 authority's opinion-- 3 (a) the land, or the owner or occupier of the land, has or will 4 specially benefit from, or has or will have special access 5 to, the service, facility or activity; or 6 (b) the owner or occupier of the land, or the use made or to 7 be made of the land, has, or will, specially contribute to 8 the need for the service, facility or activity. 9 (5) The authority's instrument making the special rate or charge 10 must identify-- 11 (a) the rateable land to which the rate or charge applies; and 12 (b) the overall plan for the supply of the service, facility or 13 activity. 14 (6) The overall plan must-- 15 (a) be adopted by the authority either before, or at the same 16 time as, it first makes the special rate or charge; and 17 (b) identify the rateable land to which the rate or charge 18 applies; and 19 (c) describe the service, facility or activity; and 20 (d) state the estimated cost of implementing the overall 21 plan; and 22 (e) state the estimated time for implementing the overall 23 plan. 24 (7) The authority may identify parcels of rateable land to which 25 the rate or charge applies in any way it considers appropriate. 26 (8) Subsection (1) is taken to have been complied with if the 27 special rate or charge is made and levied on-- 28 (a) all rateable land that, at the time of making and levying 29 the rate or charge, could reasonably be identified as land 30 on which the rate or charge may be made and levied; or 31 (b) all rateable land on which the rate or charge may be 32 made and levied, other than land accidentally omitted. 33 (9) In this section-- 34

 


 

s 102 66 s 103 Urban Land Development Authority Bill 2007 rateable land see the Local Government Act 1993, section 1 957. 2 102 Application of special rate or charge 3 (1) A special rate or charge collected for a particular service, 4 facility or activity must be used for that purpose. 5 (2) However, the special rate or charge need not be held in trust. 6 103 Application of local government entry powers for 7 authority's functions or powers 8 (1) This section applies to land in, or a structure on, an urban 9 development area or a lot that adjoins an urban development 10 area. 11 (2) The Local Government Act 1993, sections 1063, 1070 and 12 1071 apply to the authority and the authorised employees or 13 agents of the authority as if-- 14 (a) the authority were a local government; and 15 (b) the authorised employee or agent were an employee or 16 agent of a local government; and 17 (c) a reference to the local government were a reference to 18 the authority; and 19 (d) a reference to an employee or agent of the local 20 government were a reference to an authorised employee 21 or agent of the authority; and 22 (e) a reference in the sections to any of the following were a 23 reference to the performance of the authority's functions 24 or the exercise of its powers-- 25 (i) the exercise of the jurisdiction of local 26 government; 27 (ii) the exercise of a power under a local government 28 Act; 29 (iii) the exercise of the local government's jurisdiction; 30 (iv) local government purposes; and 31

 


 

s 104 67 s 104 Urban Land Development Authority Bill 2007 (f) a reference to the local government's facilities on the 1 land were a reference to the authority's facilities on the 2 land. 3 (3) However, if the occupier of the land or structure is present at 4 the place, before entering the place, an authorised employee 5 or agent of the authority must do, or make a reasonable 6 attempt to do, the following things-- 7 (a) identify himself or herself to the occupier, by complying 8 with section 124; 9 (b) tell the occupier the purpose of the entry; 10 (c) seek the consent of the occupier to the entry; 11 (d) tell the occupier the officer is permitted under this Act to 12 enter the place without the occupier's consent. 13 (4) If the occupier is not present, the employee or agent must take 14 reasonable steps to advise the occupier of the employee's or 15 agent's intention to enter the place. 16 (5) Subsections (3) and (4) do not require the employee or agent 17 to take a step that the employee or agent reasonably believes 18 may frustrate or otherwise hinder the purposes of the entry. 19 (6) In this section-- 20 authorised employee or agent, of the authority, means its 21 employees or agents who have, under section 123, been issued 22 with an identity card that is still in force. 23 104 By-laws 24 (1) The authority may make by-laws under this Act for urban 25 development areas about any matter for which a local law 26 may be made, including the creation of offences. 27 (2) However, a by-law can not fix a penalty of more than 20 28 penalty units for an offence against the by-law. 29 (3) A by-law may provide that a stated local law does not apply, 30 or applies with stated changes, within an urban development 31 area. 32 (4) If a by-law provides that a stated local law does not apply, or 33 applies with stated changes, within an urban development 34

 


 

s 105 68 s 106 Urban Land Development Authority Bill 2007 area, the local law does not apply, or applies with the stated 1 changes, within the area. 2 (5) A by-law must be approved by the Governor in Council. 3 Note-- 4 The effect of subsection (5) is that a by-law is subordinate legislation. 5 See the Statutory Instruments Act 1992, sections 7, 8(b)(i) and 9(1)(a). 6 Division 3 Membership of authority 7 105 Members 8 (1) The authority consists of 9 persons (each a member), made up 9 of-- 10 (a) the chairperson (an appointed member); and 11 (b) the chief executive of the department in which the State 12 Development and Public Works Organisation Act 1971 13 is administered; and 14 (c) the chief executive of the department in which the 15 Financial Administration and Audit Act 1977 is 16 administered; and 17 (d) 6 other members (each also an appointed member). 18 (2) Appointed members are to be appointed by the Governor in 19 Council. 20 (3) An appointed member may be appointed on a full-time or 21 part-time basis. 22 (4) Appointed members are appointed under this Act and not the 23 Public Service Act 1996. 24 106 Eligibility for appointment 25 (1) A person is eligible for appointment as an appointed member 26 only if the person-- 27 (a) has extensive knowledge of and experience in 1 or more 28 of the following-- 29 (i) local government; 30

 


 

s 107 69 s 110 Urban Land Development Authority Bill 2007 (ii) architecture, urban design or planning; 1 (iii) social policy or community development; 2 (iv) law, economics or accounting; 3 (v) the construction or development industries; 4 (vi) natural resource and environmental management; 5 or 6 (b) has other knowledge and experience the Governor in 7 Council considers appropriate. 8 (2) However, at least 2 appointed members must have local 9 government experience. 10 107 Duration of appointment 11 (1) Subject to sections 109 and 110, an appointed member holds 12 office for the term stated in the member's instrument of 13 appointment. 14 (2) The term stated in the instrument of appointment must not be 15 longer than 5 years. 16 108 Terms and conditions of appointment 17 (1) An appointed member is to be paid the remuneration and 18 allowances decided by the Governor in Council. 19 (2) An appointed member holds office on the terms and 20 conditions, not provided for by this Act, that are decided by 21 the Governor in Council. 22 109 Resignation 23 An appointed member may resign by signed notice given to 24 the Minister. 25 110 Termination of appointment 26 The Governor in Council may end an appointed member's 27 appointment if the member-- 28 (a) is convicted of an indictable offence; or 29

 


 

s 111 70 s 111 Urban Land Development Authority Bill 2007 (b) is or becomes an insolvent under administration under 1 the Corporations Act, section 9; or 2 (c) is disqualified from managing corporations under the 3 Corporations Act, part 2D.6; or 4 (d) becomes incapable of being a member because of 5 physical or mental incapacity; or 6 (e) is guilty of misconduct of a type that could warrant 7 dismissal from the public service if the member were an 8 officer of the public service; or 9 (f) does not, without reasonable excuse, comply with 10 section 111; or 11 (g) fails to comply with section 135. 12 Editor's note-- 13 Corporations Act, part 2D.6 (Disqualification from managing 14 corporations) 15 section 135 (Privacy) 16 111 Disclosure of interests 17 (1) This section applies if-- 18 (a) a member, or a close relative of a member, has a direct 19 or indirect pecuniary interest in a matter being 20 considered, or about to be considered, by the authority; 21 and 22 (b) the interest could conflict with the proper performance 23 of the member's functions for the matter. 24 (2) The member must, as soon as practicable, disclose the interest 25 to-- 26 (a) for the chairperson--all the other members; or 27 (b) for another member--the chairperson. 28 (3) If a member has disclosed an interest relating to a matter, the 29 member must not participate in the authority's consideration 30 of the matter. 31 (4) A member must not fail to comply with this section. 32 Maximum penalty--100 penalty units. 33

 


 

s 112 71 s 114 Urban Land Development Authority Bill 2007 (5) In this section-- 1 close relative, of a member, means the member's-- 2 (a) spouse; or 3 (b) parent or grandparent; or 4 (c) brother or sister; or 5 (d) child or grandchild. 6 112 Protection of members from civil liability 7 (1) A member, or a person acting in the office of a member, is not 8 civilly liable to someone for an act done, or omission made, 9 honestly and without negligence under this Act or a direction 10 or a requirement under this Act. 11 (2) If subsection (1) prevents a civil liability attaching to the 12 member or person, the liability attaches instead to the State. 13 Division 4 Meetings and other business of 14 authority 15 113 Conduct of business 16 (1) A regulation may provide for how the authority must conduct 17 its business, including its meetings. 18 (2) Subject to subsection (1) and this division, the authority may 19 conduct its business, including its meetings, in the way it 20 considers appropriate. 21 114 Times and places of meetings 22 (1) Authority meetings are to be held at the times and places the 23 chairperson decides. 24 (2) However, the chairperson must call a meeting if asked, in 25 writing, to do so by at least 2 members. 26 (3) Also, the chairperson must call a meeting at least once in each 27 quarter. 28

 


 

s 115 72 s 119 Urban Land Development Authority Bill 2007 115 Quorum 1 A quorum for an authority meeting is more than half of the 2 number of members. 3 116 Presiding at meetings 4 (1) The chairperson is to preside at all authority meetings at 5 which the chairperson is present. 6 (2) If the chairperson is not present, the member chosen by the 7 members present is to preside. 8 117 Conduct of meetings 9 (1) The authority may hold meetings, or allow members to take 10 part in its meetings, by using any technology allowing 11 reasonably contemporaneous and continuous communication 12 between persons taking part in the meeting. 13 (2) A person who takes part in an authority meeting under 14 subsection (1) is taken to be present at the meeting. 15 (3) A decision at an authority meeting must be a majority 16 decision of the members present. 17 118 Decisions outside meetings 18 A decision of the authority, other than a decision at an 19 authority meeting, may be made only with the written 20 agreement of a majority of the members. 21 119 Minutes and record of decisions 22 The authority must keep-- 23 (a) minutes of its meetings; and 24 (b) a record of any decisions under section 118. 25

 


 

s 120 73 s 122 Urban Land Development Authority Bill 2007 Division 5 Staff of authority 1 120 Chief executive officer 2 (1) The authority must appoint and employ a chief executive 3 officer. 4 (2) However, before a chief executive officer is appointed, the 5 officer's remuneration and allowances and other terms and 6 conditions of the employment must be approved by the 7 Governor in Council. 8 (3) The chief executive officer is employed under this Act and not 9 the Public Service Act 1996. 10 121 Preservation of rights of chief executive officer 11 (1) This section applies if an officer of the public service is 12 appointed as the chief executive officer. 13 (2) The person keeps all rights accrued or accruing to the person 14 as an officer of the public service as if service as the chief 15 executive officer were a continuation of service as a public 16 service officer. 17 (3) At the end of the person's term of office or resignation as the 18 chief executive officer-- 19 (a) the person has the right to be appointed to an office in 20 the public service at a salary level no less than the 21 current salary level of an office equivalent to the office 22 the person held before being appointed as the chief 23 executive officer; and 24 (b) the person's service as the chief executive officer is 25 taken to be service of a like nature in the public service 26 for deciding the person's rights as an officer of the 27 public service. 28 122 Other staff 29 (1) The authority may employ other staff it considers appropriate 30 to perform its functions. 31

 


 

s 123 74 s 124 Urban Land Development Authority Bill 2007 (2) The other staff are appointed under the Public Service Act 1 1996. 2 (3) The chairperson may arrange with the chief executive of a 3 department, or with another unit of public administration, for 4 the services of officers or employees of the department or 5 other unit to be made available to the authority. 6 Division 6 Identity cards for particular 7 employees and agents 8 123 Issue of identity card 9 (1) The chief executive officer must issue an identity card to each 10 individual whom the authority authorises to enter premises, 11 under section 103. 12 Editor's note-- 13 section 103 (Application of local government entry powers for 14 authority's functions or powers) 15 (2) The identity card must-- 16 (a) contain a recent photo of the individual; and 17 (b) contain a copy of the individual's signature; and 18 (c) identify the individual as an individual who is 19 authorised by the authority; and 20 (d) state an expiry date for the card. 21 (3) This section does not prevent the issue of a single identity 22 card to a person for this Act and other purposes. 23 124 Production or display of identity card 24 (1) In exercising a power under this Act in relation to another 25 person, the individual must-- 26 (a) produce his or her identity card for the person's 27 inspection before exercising the power; or 28 (b) have the identity card displayed so it is clearly visible to 29 the person when exercising the power. 30

 


 

s 125 75 s 126 Urban Land Development Authority Bill 2007 (2) However, if it is not practicable to comply with subsection (1), 1 the individual must produce the identity card for the person's 2 inspection at the first reasonable opportunity. 3 125 Return of identity card 4 If the individual ceases to be authorised as mentioned in 5 section 123, the individual must return the individual's 6 identity card to the chief executive officer within 20 business 7 days after ceasing to be so authorised unless the individual has 8 a reasonable excuse. 9 Maximum penalty--20 penalty units. 10 Division 7 Miscellaneous provisions 11 126 Report about person's criminal history for particular 12 appointments 13 (1) To decide whether to recommend to the Governor in Council a 14 person for appointment as an appointed member, the Minister 15 may ask the commissioner of the police service for-- 16 (a) a written report about the person's criminal history; and 17 (b) a brief description of the circumstances of any 18 conviction mentioned in the criminal history. 19 (2) To decide whether a person is appropriate to be appointed as 20 the chief executive officer, the authority may ask the 21 commissioner of the police service for-- 22 (a) a written report about the person's criminal history; and 23 (b) a brief description of the circumstances of any 24 conviction mentioned in the criminal history. 25 (3) The commissioner of the police service must comply with a 26 request under subsection (1) or (2). 27 (4) However, the Minister or authority may make a request about 28 a person under subsection (1) or (2) only if the person has 29 given the Minister or authority written consent for the request. 30 (5) The duty imposed on the commissioner of the police service 31 to comply with the request applies only to information in the 32

 


 

s 127 76 s 127 Urban Land Development Authority Bill 2007 commissioner's possession or to which the commissioner has 1 access. 2 (6) The Minister or authority must ensure a report given to the 3 Minister or authority under this section is destroyed as soon as 4 practicable after it is no longer needed for the purpose for 5 which it was requested. 6 (7) The Minister may delegate the Minister's power's under this 7 section to an appropriately qualified public service officer. 8 (8) In this section-- 9 criminal history, of a person, means the person's criminal 10 history as defined under the Criminal Law (Rehabilitation of 11 Offenders) Act 1986, other than for a spent conviction. 12 spent conviction means a conviction-- 13 (a) for which the rehabilitation period under the Criminal 14 Law (Rehabilitation of Offenders) Act 1986 has expired 15 under that Act; and 16 (b) that is not revived as prescribed by section 11 of that 17 Act. 18 127 Recovery of special rate or charge 19 (1) A special rate or charge does not become owing until 20 20 business days after the owner or occupier on whom the charge 21 is levied receives a notice from the authority stating the 22 special rate or charge and its amount. 23 (2) If there is more than 1 owner or occupier of the land, all the 24 owners or occupiers are jointly and severally liable to pay the 25 amount. 26 (3) If the amount becomes owing under subsection (1), the State 27 may recover it from the owner or occupier as a debt. 28 (4) Also, the State may recover the amount from the owner for the 29 time being of the land. 30 (5) If the State may recover the amount under this section, the 31 Local Government Act 1993, section 1018 and chapter 14, 32 parts 6 and 7, apply for the amount as if-- 33 (a) the special rate or charge were a rate under that Act; and 34

 


 

s 128 77 s 129 Urban Land Development Authority Bill 2007 (b) a reference to an overdue rate were a reference to the 1 amount; and 2 (c) a reference to a local government were a reference to the 3 authority; and 4 (d) a reference to the chief executive officer of a local 5 government were a reference to the chief executive 6 officer of the authority. 7 Editor's note-- 8 Local Government Act 1993, section 1018 (Overdue rates may bear 9 interest) and chapter 14, parts 6 (Concessions) and 7 (Recovery of rates) 10 128 Application fees 11 (1) This section applies if the authority is deciding the fee for an 12 application under this Act. 13 (2) The fee can not be more than the actual cost of considering 14 and processing the application. 15 (3) However, for the following applications the fee may also 16 include a reasonable component to recover the authority's 17 costs of making or amending the relevant development 18 scheme-- 19 (a) a UDA development application; 20 (b) an application under section 75 to change a UDA 21 development approval. 22 129 Giving information about roads to relevant local 23 government 24 (1) This section applies if the authority performs a function or 25 exercises a power relating to a road or former road in an urban 26 development area. 27 (2) The authority must give the relevant local government the 28 information the authority has to allow the local government to 29 comply with its obligation for its map and register of roads 30 under the Local Government Act 1993, section 921. 31

 


 

s 130 78 s 132 Urban Land Development Authority Bill 2007 130 Ministerial directions or guidelines to the authority 1 (1) The Minister may give the authority-- 2 (a) a written direction about the performance of its 3 functions (a Ministerial direction); or 4 (b) guidelines to help the authority perform its functions. 5 (2) The Minister must, within 14 sitting days after giving a 6 Ministerial direction, table a copy of it in the Legislative 7 Assembly. 8 (3) The authority must comply with the direction. 9 131 Ministerial access to information 10 (1) The Minister may by notice require the authority to give the 11 Minister stated information or stated documents, or copies of 12 documents, in the authority's possession. 13 (2) The authority must comply with the requirement. 14 132 Registers 15 (1) The authority must keep a register of each of the following-- 16 (a) interim land use plans as amended from time to time; 17 (b) each proposed development scheme or proposed 18 amendments of development schemes under part 3; 19 (c) reports on development schemes, under section 29(2); 20 (d) development schemes that have taken effect; 21 (e) UDA development applications; 22 (f) UDA development approvals; 23 (g) by-laws; 24 (h) special rates and charges; 25 (i) Ministerial directions; 26 (j) annual reports under section 134. 27 (2) The authority may also keep a register of other documents or 28 information relating to this Act that the authority considers 29 appropriate. 30

 


 

s 133 79 s 134 Urban Land Development Authority Bill 2007 (3) The authority may keep a register in the way it considers 1 appropriate. 2 (4) However, the documents included in the registers must also be 3 published on the authority's website. 4 133 Access to registers 5 (1) The authority must-- 6 (a) keep each register open for inspection by the public 7 during office hours on business days at the places the 8 chief executive officer considers appropriate; and 9 (b) allow a person to search and take extracts from the 10 register; and 11 (c) give a person who asks for it a copy of all or part of a 12 document or information held in the register, on 13 payment of the fee decided by the authority. 14 (2) The fee can not be more than the actual cost of giving the 15 copy. 16 134 Annual report 17 (1) The authority must prepare and give the Minister a written 18 report about the performance of its functions each financial 19 year. 20 (2) The report must be given as soon as practicable after the end 21 of the financial year, but within 4 months after the year ends. 22 (3) Without limiting subsection (1), the report must include-- 23 (a) a copy of any Ministerial directions given during the 24 year; and 25 (b) information about compliance by the authority with 26 timeframes that this Act requires the authority to 27 comply with; and 28 (c) information about any development schemes made 29 during the year and how long it took to make them; and 30 (d) any other matter prescribed under a regulation. 31

 


 

s 135 80 s 136 Urban Land Development Authority Bill 2007 (4) To remove any doubt, it is declared that this section does not 1 limit or otherwise affect any obligation the authority has to 2 give a report under the Financial Administration and Audit 3 Act 1977. 4 135 Privacy 5 (1) This section applies to a person who-- 6 (a) is, or has been, a member or a person employed by the 7 authority; and 8 (b) obtains in the course of, or because of, the performance 9 of a function of the authority, personal or confidential 10 information that is not publicly available. 11 (2) The person must not-- 12 (a) make a record of the information; or 13 (b) divulge or communicate the information to anyone else, 14 whether directly or indirectly; or 15 (c) use the information to benefit any person. 16 Maximum penalty--100 penalty units. 17 (3) However, subsection (2) does not apply if the record is made, 18 or the information is divulged, communicated or used-- 19 (a) for, or as a part of, a function of the authority; or 20 (b) with the consent of the person to whom the information 21 relates; or 22 (c) as required by law. 23 136 Delegations 24 (1) The authority may delegate its functions under this Act to-- 25 (a) a member; or 26 (b) the chief executive officer; or 27 (c) the chief executive officer or an appropriately qualified 28 officer of a government entity or local government. 29 (2) However, the authority can not delegate the function of 30 making by-laws or development schemes. 31

 


 

s 137 81 s 137 Urban Land Development Authority Bill 2007 (3) Also, a delegation under subsection (1)(c) may be made only 1 if the Minister has approved the making of the delegation. 2 (4) A member, other than an appointed member, may delegate the 3 member's functions as a member to an appropriately qualified 4 public service officer. 5 (5) In this section-- 6 functions includes powers. 7 Part 7 Miscellaneous provisions 8 Division 1 Directions by Governor in Council 9 137 Direction to government entity or local government to 10 accept transfer 11 (1) The Governor in Council may give a government entity or 12 local government (the directed entity) a written direction to 13 accept the transfer to it of-- 14 (a) stated land owned by the authority; or 15 (b) a stated fund the authority has established to ensure the 16 provision of infrastructure relating to stated land owned 17 by the authority. 18 (2) However, the direction may be given only if the Governor in 19 Council is satisfied the transfer is reasonably necessary for the 20 purposes of this Act. 21 (3) The direction may state conditions on which the transfer must 22 be made. 23 (4) The directed entity must do every thing reasonably necessary 24 to comply with the direction. 25 (5) If the directed entity is a local government, on the making of 26 the transfer, the stated land is taken to be land that the local 27 government holds on trust in fee simple to which the 28 Integrated Planning Act, section 5.1.34 applies. 29

 


 

s 138 82 s 139 Urban Land Development Authority Bill 2007 138 Direction to government entity or local government to 1 provide or maintain infrastructure 2 (1) The Governor in Council may give a written direction to a 3 government entity or local government (the directed entity) to 4 provide or maintain stated infrastructure in, or relating to, a 5 stated urban development area. 6 (2) However, the direction may be given only if the Governor in 7 Council is satisfied the provision or the maintenance of the 8 infrastructure by the directed entity is necessary for the 9 carrying out of the development scheme for the urban 10 development area. 11 (3) The direction may state conditions on which the infrastructure 12 must be provided or maintained. 13 (4) The directed entity must comply with the direction. 14 (5) Subsection (4) applies despite any other Act or law. 15 Division 2 Other miscellaneous provisions 16 139 Exchange of documents and information with other 17 entities with planning or registration functions 18 (1) Subsection (2) applies on the declaration of an urban 19 development area if a government entity, GOC or local 20 government has planning or registration functions for land or 21 development in the area. 22 (2) The authority may ask the government entity, GOC or local 23 government to give the authority the documents or 24 information the government entity, GOC or local government 25 has that the authority reasonably needs to perform its 26 functions. 27 (3) The entity must comply with the request within a reasonable 28 period. 29 (4) If land ceases to be in an urban development area, the 30 authority must give each entity performing functions 31 mentioned in subsection (1) the documents or information the 32 authority has that the entity needs to perform its functions. 33

 


 

s 140 83 s 140 Urban Land Development Authority Bill 2007 (5) Documents or information required to be given under this 1 section must be given free of charge. 2 140 Executive officer must ensure corporation does not 3 commit particular offences 4 (1) The executive officers of a corporation must ensure the 5 corporation complies with the following provisions of this Act 6 (each a designated provision)-- 7 (a) a provision of this Act the contravention of which 8 constitutes a UDA development offence; 9 (b) section 86; 10 (c) section 90. 11 Editor's note-- 12 sections 86 (Offence to contravene enforcement order) and 90 (Offence 13 to contravene Magistrates Court order) 14 (2) If a corporation commits an offence against a designated 15 provision each of its executive officers also commits an 16 offence, namely, the offence of failing to ensure the 17 corporation complies with the provision. 18 Maximum penalty--the penalty for the contravention of the 19 provision by an individual. 20 (3) Evidence that the corporation has been convicted of an 21 offence against a designated provision is evidence that each of 22 its executive officers committed the offence of failing to 23 ensure the corporation complies with the provision. 24 (4) However, it is a defence for an executive officer to prove 25 that-- 26 (a) if the officer was in a position to influence the conduct 27 of the corporation in relation to the offence--the officer 28 exercised reasonable diligence to ensure the corporation 29 complied with the provision; or 30 (b) the officer was not in a position to influence the conduct 31 of the corporation in relation to the offence. 32 (5) In this section-- 33

 


 

s 141 84 s 142 Urban Land Development Authority Bill 2007 executive officer, of a corporation, means a person who is 1 concerned with, or takes part in, its management, whether or 2 not the person is a director or the person's position is given 3 the name of executive office. 4 141 Giving authority a false or misleading document 5 (1) A person must not, in relation to the performance of the 6 authority's functions, give the authority a document 7 containing information the person knows is false or 8 misleading in a material particular. 9 Maximum penalty--1665 penalty units. 10 (2) A complaint against a person for an offence against 11 subsection (1) is sufficient if it states that the document was 12 false or misleading to the person's knowledge, without 13 specifying whether it was false or whether it was misleading. 14 142 Evidentiary aids 15 A certificate purporting to be signed by or for the chief 16 executive officer stating any of the following matters is 17 evidence of the matter-- 18 (a) a decision, direction or notice under this Act; 19 (b) a thing that must or may be included in a register; 20 (c) that a stated document is another document kept under 21 this Act; 22 (d) that a stated document is a copy of, or an extract from or 23 part of, a thing mentioned in paragraph (a) or (b); 24 (e) that on a stated day-- 25 (i) a stated person was given a stated decision, 26 direction or notice under this Act; or 27 (ii) a stated direction or requirement under this Act 28 was made of a stated person; 29 (f) that on a stated day, or during a stated period, a UDA 30 development approval was, or was not, in force. 31

 


 

s 143 85 s 146 Urban Land Development Authority Bill 2007 143 Application of provisions 1 (1) This section applies if a provision of this Act applies to any of 2 the following (the applied law) for a purpose-- 3 (a) another provision of this Act; 4 (b) another law; 5 (c) a provision of another law. 6 (2) The applied law and any definition relevant to it apply with 7 necessary changes. 8 (3) Subsection (2) is not limited merely because a provision states 9 how the applied law is to apply. 10 144 Review of Act 11 (1) The Minister must, within 5 years after this section 12 commences, carry out a review of the operation and 13 effectiveness of this Act. 14 (2) In carrying out the review, the Minister must have regard to-- 15 (a) the effectiveness of the authority's operations; and 16 (b) the need to continue its functions. 17 (3) The Minister must, as soon as practicable after the review is 18 finished, cause a report of the outcome of the review to be laid 19 before the Legislative Assembly. 20 145 Approved forms 21 The authority may approve forms for use under this Act. 22 146 Regulation-making power 23 (1) The Governor in Council may make regulations under this 24 Act. 25 (2) A regulation may-- 26 (a) provide for any matter for which by-laws may be made; 27 or 28 (b) impose a penalty of no more than 20 penalty units for 29 contravention of a regulation. 30

 


 

s 147 86 s 150 Urban Land Development Authority Bill 2007 Part 8 Amendment of Integrated 1 Planning Act 1997 2 147 Act amended in pt 8 3 This part amends the Integrated Planning Act 1997. 4 148 Amendment of s 1.4.4 (New planning instruments can not 5 affect existing development approvals) 6 Section 1.4.4-- 7 insert-- 8 `Note-- 9 See also section 2.5B.19 (New planning instruments can not affect 10 approved master plan).'. 11 149 Amendment of s 2.1.3 (Key elements of planning 12 schemes) 13 Section 2.1.3(1)-- 14 insert-- 15 `Note-- 16 If land in the planning scheme area is a declared master planned area, 17 the planning scheme must also include a structure plan for the master 18 planned area. See section 2.5B.7.'. 19 150 Insertion of new s 2.1.4A 20 Chapter 2, part 1, division 3-- 21 insert-- 22 `2.1.4A Application of div 3 23 `This division does not apply to amendments of a local 24 government's planning scheme to include a structure plan. 25 Note-- 26 For declared master planned areas, see part 5B and schedule 1A.'. 27

 


 

s 151 87 s 154 Urban Land Development Authority Bill 2007 151 Amendment of s 2.1.10 (Extent of effect of temporary 1 local planning instrument) 2 Section 2.1.10(2)(a), from `, within' to `section 17,'-- 3 omit. 4 152 Amendment of s 2.1.23 (Local planning instruments have 5 force of law) 6 Section 2.1.23(3), `A planning scheme'-- 7 omit, insert-- 8 `Subject to part 5B, a planning scheme'. 9 153 Amendment of s 2.5.1 (What are regions) 10 Section 2.5.1(a), `the SEQ region; and'-- 11 omit, insert-- 12 `designated regions; and'. 13 154 Replacement of ch 2, pt 5A 14 Chapter 2, part 5A-- 15 omit, insert-- 16 `Part 5A Regional planning in 17 designated regions 18 `Division 1 Preliminary 19 `2.5A.1 Application of pt 5A 20 `This part applies to a designated region. 21 `2.5A.2 What is a designated region 22 `(1) A designated region is-- 23 (a) the local government areas, or the parts of local 24 government areas, prescribed under a regulation; and 25

 


 

s 154 88 s 154 Urban Land Development Authority Bill 2007 (b) Queensland waters adjacent to the local government 1 areas or parts. 2 `(2) A regulation under subsection (1)(a) must give a name to each 3 designated region it prescribes. 4 `Division 2 Regional coordination committees 5 `2.5A.3 Establishment of regional coordination committee 6 `(1) The regional planning Minister for a designated region must 7 establish a regional coordination committee for the region. 8 `(2) However, subsection (3) applies if-- 9 (a) a regional planning advisory committee is established 10 under section 2.5.2 for a region; and 11 (b) the area covered by the region is the same or 12 substantially the same as a designated region. 13 `(3) The regional planning advisory committee for the region is 14 taken to be the regional coordination committee established 15 for the designated region. 16 `2.5A.4 Function of regional coordination committee 17 `The function of a designated region's regional coordination 18 committee is to advise the State, through the regional 19 planning Minister for the region, about the development and 20 implementation of the region's regional plan. 21 `2.5A.5 Membership of regional coordination committee 22 `(1) A designated region's regional coordination committee has 23 the membership decided by the regional planning Minister for 24 the region by gazette notice. 25 `(2) A member of a designated region's regional coordination 26 committee must be-- 27 (a) a Minister; or 28 (b) a mayor or councillor of a local government of the 29 region; or 30

 


 

s 154 89 s 154 Urban Land Development Authority Bill 2007 (c) a person who has the appropriate qualifications, 1 experience or standing to be a member of the 2 committee. 3 `(3) However, this section does not apply if section 2.5A.3(3) 4 applies to the designated region. 5 `2.5A.6 Dissolution of regional coordination committee 6 `The regional planning Minister for a designated region may 7 dissolve its regional coordination committee at any time. 8 `2.5A.7 Quorum 9 `A quorum for a meeting of a regional coordination committee 10 is 1 more than half the number of members of the committee. 11 `2.5A.8 Presiding at meetings 12 `(1) The regional planning Minister for a designated region 13 presides at all meetings of its regional coordination 14 committee. 15 `(2) If the regional planning Minister for the designated region is 16 absent, the member nominated by the Minister must preside. 17 `2.5A.9 Conduct of meetings 18 `(1) Meetings of a designated region's regional coordination 19 committee must be conducted at the time and place the 20 regional planning Minister for the region decides. 21 `(2) A regional coordination committee must conduct its business 22 and proceedings at meetings in the way it decides from time to 23 time. 24

 


 

s 154 90 s 154 Urban Land Development Authority Bill 2007 `Division 3 Regional plans for designated 1 regions 2 `2.5A.10 What is a regional plan 3 `(1) A regional plan for a designated region is an instrument made 4 under section 2.5A.14(2) by the regional planning Minister 5 for the region. 6 `(2) A regional plan is a statutory instrument under the Statutory 7 Instruments Act 1992 and has the force of law. 8 `2.5A.11 Key elements of regional plan 9 `The regional planning Minister for a designated region must 10 be satisfied its regional plan-- 11 (a) identifies-- 12 (i) the desired regional outcomes for the region; and 13 (ii) the policies and actions for achieving the desired 14 regional outcomes; and 15 (b) identifies the desired future spacial structure of the 16 region including-- 17 (i) a future regional land use pattern; and 18 (ii) provision for regional infrastructure to service the 19 future regional land use pattern, to inform-- 20 (A) local governments when preparing priority 21 infrastructure plans; and 22 (B) the State, local governments and other 23 entities about infrastructure plans and 24 investments; and 25 (iii) key regional environmental, economic and cultural 26 resources to be preserved, maintained or 27 developed; and 28 (iv) the way the resources are to be preserved, 29 maintained or developed; and 30 (v) for paragraph (b)(iii), regional landscape areas; and 31

 


 

s 154 91 s 154 Urban Land Development Authority Bill 2007 (c) includes any other relevant regional planning matter for 1 this Act. 2 `Division 4 Preparing and making regional 3 plans 4 `2.5A.12 Regional planning Minister to prepare draft regional 5 plan 6 `(1) The regional planning Minister for a designated region must 7 prepare a draft regional plan for the region. 8 `(2) The regional planning Minister must consult with the 9 designated region's regional coordination committee about 10 preparing the draft. 11 `2.5A.13 Notice of and public consultation on draft regional 12 plan 13 `(1) When the regional planning Minister for the designated region 14 has prepared the draft regional plan for the region, that 15 Minister must publish a notice-- 16 (a) in the gazette; and 17 (b) at least once in a newspaper circulating in the region. 18 `(2) The notice must state the following-- 19 (a) that the draft regional plan is available for inspection 20 and purchase; 21 (b) where copies of the draft regional plan are available for 22 inspection and purchase; 23 (c) a contact telephone number for information about the 24 draft regional plan; 25 (d) that written submissions about any aspect of the draft 26 regional plan may be given to the regional planning 27 Minister by any person; 28 (e) the period (the consultation period) during which the 29 submissions may be made; 30

 


 

s 154 92 s 154 Urban Land Development Authority Bill 2007 (f) the requirements for a properly made submission for 1 this section. 2 `(3) The consultation period must be for at least 60 business days 3 after the day the notice is gazetted. 4 `(4) The regional planning Minister must send a copy of the notice 5 and the draft regional plan to each local government in the 6 designated region. 7 `(5) The regional planning Minister may send a copy of the notice 8 and the draft regional plan to any other entity the regional 9 planning Minister considers appropriate. 10 `(6) For all of the consultation period, the regional planning 11 Minister must keep a copy of the draft regional plan available 12 for inspection and purchase. 13 `2.5A.14 Making regional plan 14 `(1) The regional planning Minister for the designated region 15 must-- 16 (a) consider every properly made submission about the 17 draft regional plan for the region; and 18 (b) consult with the designated region's regional 19 coordination committee about making the regional plan. 20 `(2) After the regional planning Minister has acted under 21 subsection (1), that Minister may-- 22 (a) make the regional plan as provided for in the draft 23 regional plan as published; or 24 (b) make the regional plan and include any amendments of 25 the draft regional plan the regional planning Minister 26 considers appropriate. 27 `2.5A.15 Notice of making of regional plan 28 `(1) After the regional planning Minister for the designated region 29 has made the regional plan for the region, that Minister must 30 publish a notice about the making of the plan-- 31 (a) in the gazette; and 32 (b) at least once in a newspaper circulating in the region. 33

 


 

s 154 93 s 154 Urban Land Development Authority Bill 2007 `(2) The notice must state the following-- 1 (a) the day the regional plan was made; 2 (b) where a copy of the plan may be inspected and 3 purchased. 4 `(3) The regional plan for the designated region has effect on and 5 from-- 6 (a) the day the making of the regional plan is gazetted; or 7 (b) if a later day for the commencement of the regional plan 8 is stated in the regional plan--the later day. 9 `Division 5 Amending or replacing regional 10 plans 11 `2.5A.16 Regional planning Minister may amend or replace 12 regional plan 13 `The regional planning Minister for a designated region 14 may-- 15 (a) amend the region's regional plan; or 16 (b) replace the region's regional plan with a new regional 17 plan. 18 `2.5A.17 How regional plan is amended or replaced 19 `(1) Division 4 applies for amending a designated region's 20 regional plan-- 21 (a) as if a reference in the division to the draft regional plan 22 were a reference to the amendment; and 23 (b) as if a reference to 60 business days were a reference to 24 30 business days; and 25 (c) with any other necessary changes. 26 `(2) Division 4 also applies for making a new regional plan for a 27 designated region. 28 `(3) If the regional plan is replaced by a new regional plan, the new 29 regional plan has effect on and from-- 30

 


 

s 154 94 s 154 Urban Land Development Authority Bill 2007 (a) the day the making of the new regional plan is gazetted; 1 or 2 (b) if a later day for the commencement of the new regional 3 plan is stated in the new regional plan--the later day. 4 `(4) When acting under section 2.5A.14, the regional planning 5 Minister may also decide not to proceed with the amendment 6 or replacement. 7 `(5) If the regional planning Minister for the designated region 8 makes a decision under subsection (4), that Minister must 9 publish a notice in the gazette stating that the Minister has 10 decided not to proceed with the amendment or replacement. 11 `2.5A.18 Particular amendments of regional plan 12 `(1) This section applies if-- 13 (a) the regional plan for a designated region requires only a 14 minor amendment; or 15 (b) the regional planning Minister for a designated region 16 wishes to amend the region's regional plan to include a 17 document to be made under the plan that-- 18 (i) has been prepared by a public sector entity; and 19 (ii) the regional planning Minister is satisfied-- 20 (A) demonstrates how the regional plan will be 21 implemented; and 22 (B) has been subject to adequate public 23 consultation. 24 Editor's note-- 25 For local growth management strategies under the SEQ regional 26 plan, see chapter 6, part 8, division 1. 27 `(2) The regional planning Minister for the designated region may 28 make the amendment and division 4 does not apply to the 29 making of the amendment. 30 `(3) If the regional planning Minister makes the amendment, the 31 regional planning Minister must publish a notice about the 32 making of the amendment-- 33 (a) in the gazette; and 34

 


 

s 154 95 s 154 Urban Land Development Authority Bill 2007 (b) at least once in a newspaper circulating in the region. 1 `(4) The notice must state the following-- 2 (a) the day the amendment was made; 3 (b) where a copy of the regional plan, as amended, may be 4 inspected and purchased. 5 `Division 6 Effect of regional plans 6 `2.5A.19 State interest 7 `For this Act, a designated region's regional plan is taken to be 8 a State interest. 9 `2.5A.20 Local governments to amend planning schemes to 10 reflect regional plan 11 `(1) This section applies to a local government prescribed under 12 section 2.5A.2(1) for a designated region unless the regional 13 planning Minister for the region gives the local government a 14 written direction to the contrary. 15 `(2) The local government must amend its planning scheme under 16 schedule 1 to reflect the designated region's regional plan as 17 made, amended or replaced. 18 `(3) The regional planning Minister for the designated region may 19 amend the planning scheme if-- 20 (a) the regional planning Minister is satisfied a local 21 government must amend its planning scheme under 22 subsection (2); and 23 (b) the local government has not, within 90 business days 24 after the day notice of the making of the designated 25 region's regional plan was gazetted, complied with 26 schedule 1, section 9(3) for the amendment. 27 `(4) Schedule 1, sections 12 to 17 and 19 to 21 apply for amending 28 the planning scheme under subsection (3). 29 `(5) However, for subsection (4), and if the context requires, a 30 reference in schedule 1 to-- 31

 


 

s 154 96 s 154 Urban Land Development Authority Bill 2007 (a) the local government is a reference to the regional 1 planning Minister for the designated region; and 2 (b) a decision of the local government is a reference to a 3 decision of the regional planning Minister for the 4 designated region; and 5 (c) a local government's chief executive officer is a 6 reference to the chief executive of the department; and 7 (d) the local government's public office is a reference to the 8 department's State office. 9 `(6) Anything done by the regional planning Minister under 10 subsection (3) is taken to have been done by the local 11 government and has the same effect as it would have had if 12 the local government had done it. 13 `(7) An expense reasonably incurred by the regional planning 14 Minister in taking an action under subsection (3) may be 15 recovered from the local government as a debt owing to the 16 State. 17 `(8) The regional planning Minister may, in writing, extend the 18 period mentioned in subsection (3)(b). 19 `(9) Nothing in this section affects or is affected by part 3. 20 `2.5A.21 Effect of regional plan on other plans, policies or 21 codes 22 `(1) This section does not apply in relation to a State planning 23 regulatory provision. 24 Note-- 25 For State planning regulatory provisions, see section 2.5C.5 26 (Relationship with other planning instruments). 27 `(2) An entity responsible for preparing or amending a plan, policy 28 or code under an Act that may affect a matter under section 29 2.5A.11 must-- 30 (a) in preparing the plan, policy or code, or the amendment 31 of the plan, policy or code, take account of the region's 32 regional plan; and 33 (b) state in the plan, policy or code how the plan, policy or 34 code, or the amendment of the plan, policy or code, will 35

 


 

s 154 97 s 154 Urban Land Development Authority Bill 2007 reflect the region's regional plan for the matters under 1 section 2.5A.11. 2 `(3) For this Act, to the extent there is an inconsistency between a 3 regional plan and any other plan, policy or code under an Act 4 of a planning nature, including any other planning instrument, 5 the regional plan prevails. 6 `Part 5B Master planning for particular 7 areas of State interest 8 `Division 1 Preliminary 9 `2.5B.1 Purpose of pt 5B 10 `The purpose of this part is to provide for the following-- 11 (a) the identification, by local governments, regional 12 planning Ministers for designated regions and the 13 Minister, of areas (called master planned areas) to be the 14 subject of integrated land use and infrastructure 15 planning; 16 (b) for declared master planned areas, local governments to 17 make, in conjunction with the State, integrated land use 18 plans (called structure plans) setting out the broad 19 environmental, infrastructure and development intent to 20 guide detailed planning for the areas; 21 (c) the processes for making structure plans; 22 (d) plans (called master plans) about the detailed planning 23 of the areas; 24 (e) the processes for making and approving master plans; 25 (f) particular State assessment manager and referral agency 26 functions under IDAS to be replaced with the role of 27 State agencies who coordinate or participate in the 28 making of structure plans and the approval of master 29 plans for the areas. 30

 


 

s 154 98 s 154 Urban Land Development Authority Bill 2007 `Division 2 Master planned areas 1 `2.5B.2 Identification of master planned areas 2 `(1) A local government may identify an area as a master planned 3 area in its planning scheme or in a document made under a 4 regional plan. 5 `(2) The regional planning Minister for a designated region may 6 identify an area as a master planned area for the region in-- 7 (a) the regional plan for the region or in a document made 8 under the regional plan; or 9 (b) a State planning regulatory provision; or 10 (c) a declaration made under section 2.5B.3 (a master 11 planned area declaration). 12 `(3) The Minister may identify an area as a master planned area 13 in-- 14 (a) a State planning regulatory provision; or 15 (b) a declaration made under section 2.5B.3 (also a master 16 planned area declaration). 17 `(4) A master planned area identified in a master planned area 18 declaration is a declared master planned area. 19 `(5) A master planned area must be identified by reference to 20 cadastral boundaries or metes and bounds. 21 `(6) Despite subsections (1) to (4), a wild river area can not be 22 included in a master planned area. 23 Note-- 24 An SEQ regional plan major development area under chapter 6, part 8, 25 is taken to be identified for this section as a master planned area, but not 26 as a declared master planned area. See section 6.8.8(2). 27 `2.5B.3 Master planned area declarations 28 `(1) A master planned area declaration is made by a notice 29 published-- 30 (a) in the gazette; and 31

 


 

s 154 99 s 154 Urban Land Development Authority Bill 2007 (b) in at least 1 newspaper circulating in the area of the local 1 government. 2 `(2) The declaration must identify the master planned area and 3 state-- 4 (a) the coordinating agency for the structure plan for the 5 area; and 6 (b) the participating agencies for the structure plan for the 7 area; and 8 (c) the jurisdiction or jurisdictions that the coordinating 9 agency and each participating agency has under IDAS 10 and for which they are the coordinating agency or a 11 participating agency for the structure plan for the area; 12 and 13 Note-- 14 The jurisdiction is relevant to which agencies will be referral 15 agencies for development applications relating to the area. See 16 section 2.5B.64. 17 (d) the timeframes for steps identified in schedule 1A for 18 the making of the structure plan. 19 `(3) The declaration may identify other matters the Minister 20 considers appropriate for the making of the structure plan or 21 the master planning of the area. 22 `2.5B.4 Restriction on particular development applications in 23 master planned area 24 `(1) A development application for a preliminary approval to 25 which section 3.1.6 applies may be made for a master planned 26 area only-- 27 (a) after the structure plan for the area takes effect; and 28 (b) if the structure plan states that a development 29 application for a preliminary approval to which section 30 3.1.6 applies can be made. 31 `(2) A development application for a preliminary approval 32 permitted to be made under subsection (1) can not seek to 33 vary the effect of the structure plan area code included in the 34 structure plan. 35

 


 

s 154 100 s 154 Urban Land Development Authority Bill 2007 `(3) If the preliminary approval is issued it is of no effect to the 1 extent it purports to vary the effect of the structure plan area 2 code. 3 `2.5B.5 Notation of master planned areas on planning 4 scheme 5 `(1) The local government must note on its planning scheme for its 6 planning scheme area each master planned area identified 7 in-- 8 (a) a regional plan or a document made under a regional 9 plan; or 10 (b) a State planning regulatory provision; or 11 (c) a master planned area declaration. 12 `(2) The note is not an amendment of the planning scheme. 13 `(3) Failure to comply with subsection (1) does not affect the 14 validity of the identification of the master planned area. 15 `Division 3 Structure plans for master planned 16 areas declared by the Minister 17 `2.5B.6 Application of div 3 18 `This division applies only for a declared master planned area. 19 `2.5B.7 Local government's obligation to have structure plan 20 `The local government must have a structure plan for the area. 21 `2.5B.8 Content of structure plan 22 `(1) The structure plan must be-- 23 (a) a part of the local government's planning scheme; and 24 (b) an integrated land use plan, setting out the broad 25 environmental, land use, infrastructure and development 26 intended to guide detailed planning for the area. 27

 


 

s 154 101 s 154 Urban Land Development Authority Bill 2007 `(2) The structure plan must-- 1 (a) include a structure plan area code that-- 2 (i) states the development entitlements and 3 development obligations for the area; and 4 (ii) includes a structure plan map that gives a spatial 5 dimension to the matters the subject of the code; 6 and 7 (b) identify master planning requirements for all or part of 8 the area, including for example-- 9 (i) any master plans required to be made for the area 10 or the part; and 11 (ii) any requirements with which master plans must 12 comply; and 13 (iii) whether a master plan is required to be assessed by 14 the State, and if so-- 15 (A) the coordinating agency and the participating 16 agencies for the master plan application for 17 the master plan; and 18 (B) their jurisdiction for the application; and 19 Note-- 20 The jurisdiction is relevant to which agencies will be 21 referral agencies for development applications relating to 22 the area. See section 2.5B.64. 23 (iv) any requirements for public notification of master 24 plans; and 25 (v) any period that, under division 5, may be provided 26 for in the structure plan; and 27 Note-- 28 For the periods, see sections 2.5B.24(2) and 2.5B.35(2). 29 (c) for development in the area-- 30 (i) state development that is-- 31 (A) exempt development; and 32 (B) self-assessable development; and 33

 


 

s 154 102 s 154 Urban Land Development Authority Bill 2007 (C) assessable development requiring code or 1 impact assessment; and 2 (ii) codes for the development. 3 `(3) The structure plan may-- 4 (a) state desired environmental outcomes for the area; or 5 (b) state assessable development requiring impact 6 assessment that a master plan may state is 7 self-assessable development or assessable development 8 requiring code assessment; or 9 (c) state that development can not be carried out in the area 10 until there is a master plan for the area; or 11 Note-- 12 See also section 4.3.5B(4) (Compliance with master plans). 13 (d) state that a development application for a preliminary 14 approval to which section 3.1.6 applies can be made for 15 development in the area; or 16 (e) include a regulated State infrastructure charges 17 schedule. 18 `2.5B.9 Relationship with schs 8 and 9 19 `(1) The structure plan must be consistent with schedules 8 and 9. 20 `(2) However, the structure plan may state a level of assessment 21 for the matters mentioned in the items mentioned in section 22 2.5B.63(1)(a) that is different from the level of assessment 23 under schedule 8, part 1 or 2 for the matters. 24 `(3) To the extent the structure plan is inconsistent with what is 25 required or permitted under subsections (1) and (2) the 26 structure plan is of no effect. 27 `2.5B.10 Provisions for making structure plan 28 `(1) The structure plan must-- 29 (a) be prepared as required by any guidelines prescribed 30 under a regulation; and 31 (b) be made under schedule 1A. 32

 


 

s 154 103 s 154 Urban Land Development Authority Bill 2007 Editor's note-- 1 For structure plans under the SEQ regional plan, see chapter 6, part 8, 2 division 1. 3 `(2) However, if the structure plan is made in substantial 4 compliance with schedule 1A, the plan is valid so long as any 5 noncompliance has not-- 6 (a) adversely affected the awareness of the public of the 7 existence and nature of the proposed structure plan; or 8 (b) restricted the opportunity of the public under schedule 9 1A to make a properly made submission; or 10 (c) restricted the opportunity of the Minister to perform the 11 Minister's functions under schedule 1A, sections 3, 7 12 and 14. 13 `2.5B.11 Provisions for new planning schemes 14 `(1) Subsection (2) applies if the local government has complied 15 with schedule 1A for making a structure plan but the planning 16 scheme in which the plan was being sought to be included 17 ceases to have effect. 18 `(2) The Minister may approve the inclusion of the structure plan 19 in a new planning scheme with changes the Minister considers 20 appropriate without the local government having to comply 21 again with schedule 1A. 22 `(3) Subsection (4) applies if the local government has a structure 23 plan (the existing plan) and it proposes to make a new 24 planning scheme. 25 `(4) A structure plan (the remade plan) may be included in the 26 new planning scheme without having to comply with schedule 27 1A if the Minister has agreed that the remade plan is 28 substantially consistent with the existing plan. 29 `2.5B.12 When structure plan takes effect 30 `The structure plan has effect on and from-- 31 (a) the day the adoption of the plan is notified in the gazette, 32 under schedule 1A; or 33

 


 

s 154 104 s 154 Urban Land Development Authority Bill 2007 (b) if a later day for the commencement of the plan is stated 1 in the plan--the later day. 2 `Division 4 General provisions about master 3 plans 4 `2.5B.13 Application of div 4 5 `This division applies if the structure plan for a declared 6 master planned area requires a master plan for all or part of 7 the area. 8 `2.5B.14 Local government approval required 9 `A person preparing a proposed master plan under the 10 structure plan must apply for and obtain the local 11 government's approval of the proposed plan, under division 5. 12 `2.5B.15 Content of master plan 13 `(1) The master plan must-- 14 (a) include a master plan area code that-- 15 (i) states the development entitlements and 16 development obligations for the master planning 17 unit for the plan; and 18 (ii) includes a master plan map that gives a spatial 19 dimension to the matters the subject of the code; 20 and 21 (b) for development in the master planning unit-- 22 (i) state whether the development is-- 23 (A) exempt development; or 24 (B) self-assessable development; or 25 (C) assessable development requiring code 26 assessment; or 27 (D) assessable development requiring impact 28 assessment; and 29

 


 

s 154 105 s 154 Urban Land Development Authority Bill 2007 (ii) state codes for the development; and 1 (iii) state when the development must be completed. 2 Note-- 3 If the development is not completed within the stated time, see section 4 2.5B.20 (When master plan ceases to have effect). 5 `(2) For subsection (1)(b)(i), the master plan may, for development 6 in the master planning unit, state levels of assessment that 7 vary the effect of a level of assessment stated in the structure 8 plan for the master planning unit, in 1 or more of the 9 following ways-- 10 (a) if the structure plan provides that a master plan may 11 state that assessable development requiring impact 12 assessment is self-assessable development or assessable 13 development requiring code assessment--vary the level 14 of assessment; 15 (b) for development stated in the structure plan as code 16 assessable development--vary its level of assessment to 17 self-assessable development; 18 (c) increase any level of assessment stated in the structure 19 plan. 20 `(3) For subsection (1)(b)(ii), the master plan may, for 21 development in the master planning unit, identify a code for 22 development that varies the effect of a code in the local 23 government's planning scheme included in the structure plan 24 for the master planning unit. 25 `(4) However, the code for development-- 26 (a) can not vary the effect of the structure plan area code 27 identified in the structure plan; and 28 (b) must be substantially consistent with the code that it 29 varies the effect of. 30 `(5) The master plan may-- 31 (a) require later master plans for the master planning unit; 32 and 33 (b) state requirements with which a later master plan must 34 comply. 35

 


 

s 154 106 s 154 Urban Land Development Authority Bill 2007 `2.5B.16 Relationship with schs 8 and 9 1 `(1) The master plan must be consistent with schedules 8 and 9. 2 `(2) However, the master plan may state a level of assessment for 3 the matters mentioned in the items mentioned in section 4 2.5B.63(1)(a) that is different from the level of assessment 5 under schedule 8, part 1 or 2 for the matters. 6 `(3) To the extent the master plan is inconsistent with what is 7 required or permitted under subsections (1) and (2) the master 8 plan is of no effect. 9 `2.5B.17 Relationship with local planning instruments 10 `To the extent the master plan is, by doing either or both of the 11 things provided for under section 2.5B.15(1)(b)(i) or (ii), 12 different to a local planning instrument, the master plan 13 prevails. 14 `2.5B.18 Master plan attaches to land in master planning unit 15 `(1) The master plan attaches to all land in the master planning 16 unit, and binds the owner, the owner's successors in title and 17 any occupier of the land. 18 Note-- 19 See also section 4.3.5B (Compliance with master plans). 20 `(2) To remove any doubt, it is declared that subsection (1) applies 21 even if later development, including reconfiguring a lot, is 22 carried out or approved for the land, or the land is 23 reconfigured. 24 `2.5B.19 New planning instruments can not affect approved 25 master plan 26 `If, after a master plan is approved, a new planning 27 instrument, or an amendment of a planning instrument, 28 commences, neither the planning instrument nor the 29 amendment can change or otherwise affect the master plan. 30

 


 

s 154 107 s 154 Urban Land Development Authority Bill 2007 `2.5B.20 When master plan ceases to have effect 1 `A master plan ceases to have effect-- 2 (a) at the time stated in the plan as the time by which 3 development in the master planning unit must be 4 completed, whether or not the development has been 5 completed; or 6 (b) the earlier time when all development in the master 7 planning unit has been carried out in accordance with 8 the master plan. 9 `Division 5 Applying for and obtaining approval 10 of proposed master plan 11 `Subdivision 1 Application stage for proposed 12 master plan 13 `2.5B.21 Who may apply 14 `A person may, under this division, apply (a master plan 15 application) to the local government for the approval of a 16 proposed master plan for a declared master planned area. 17 Note-- 18 See also section 4.3.5B(4) (Compliance with master plans). 19 `2.5B.22 Requirements for application 20 `(1) The master plan application must-- 21 (a) be written; and 22 (b) if the application is made other than by the owner of the 23 land in the master planning unit for the proposed master 24 plan--contain, or be supported by, the owner's written 25 consent to the making of the application; and 26 (c) state-- 27 (i) the proposed master plan; and 28 (ii) the master planning unit; and 29

 


 

s 154 108 s 154 Urban Land Development Authority Bill 2007 (iii) the street address, property description and area of 1 the master planning unit; and 2 (iv) the full name and postal address of the owner and 3 the applicant; and 4 (d) be signed by the applicant; and 5 (e) be accompanied by the number of copies of the 6 proposed master plan required by the local government 7 and any coordinating agency to allow compliance with 8 section 2.5B.23; and 9 (f) be accompanied by-- 10 (i) any relevant regulatory fee fixed by a resolution of 11 the local government; and 12 (ii) any other fee prescribed under a regulation. 13 `(2) The application is a properly made master plan application 14 only if-- 15 (a) it complies with subsection (1); or 16 (b) the local government receives and, after considering any 17 noncompliance with subsection (1), accepts the 18 application. 19 `Subdivision 2 Information and response stage 20 `2.5B.23 Local government gives application to coordinating 21 agency 22 `(1) The local government must give any coordinating agency a 23 copy of the master plan application within 10 business days 24 after receiving it. 25 `(2) The coordinating agency must give a copy of the application 26 to the participating agencies within 5 business days after the 27 day the application is received by the coordinating agency. 28 `2.5B.24 Request for information from applicant 29 `(1) The participating agencies, the coordinating agency and the 30 local government may ask the applicant, by written request (a 31

 


 

s 154 109 s 154 Urban Land Development Authority Bill 2007 request for information) to give further information needed to 1 assess the master plan application. 2 `(2) A participating agency must within 40 business days or any 3 lesser period provided for under the structure plan after the 4 day (the request date) the application is received by the 5 participating agency give the coordinating agency a written 6 notice-- 7 (a) making a request for information; or 8 (b) stating that the participating agency will not be making a 9 request for information. 10 `(3) If there are participating agencies, the coordinating agency 11 must-- 12 (a) coordinate (the coordinated request) any requests for 13 information by the participating agencies and its own 14 request; and 15 (b) give the local government a written request making the 16 coordinated request within 10 business days after the 17 request date. 18 `(4) If there are no participating agencies, the coordinating agency 19 must, within 40 business days after it receives the application, 20 give the local government a written notice-- 21 (a) making a request for information; or 22 (b) stating that the coordinating agency will not be making a 23 request for information. 24 `(5) The local government must give any request for information 25 received from the coordinating agency, as well as any request 26 for information to be issued by the local government, to the 27 applicant within-- 28 (a) 5 business days after the day the local government 29 receives a request for information from the coordinating 30 agency; or 31 (b) 15 business days after the request date if the local 32 government does not receive a request for information 33 from the coordinating agency; or 34 (c) if there is no coordinating agency--40 business days or 35 any lesser period provided for under the structure plan 36

 


 

s 154 110 s 154 Urban Land Development Authority Bill 2007 after the day the application is received by the local 1 government. 2 `(6) If a purported request for information by the coordinating 3 agency is made after the period required under this section, 4 the local government must give the applicant the purported 5 request within 5 business days after receiving the request. 6 `2.5B.25 Applicant responds to any request for information 7 `(1) If the applicant receives a request for information from the 8 local government, the applicant must give the local 9 government a written response to each request for information 10 that-- 11 (a) gives all of the information requested; or 12 (b) gives part of the information requested together with a 13 notice asking the coordinating agency and the local 14 government to proceed with the assessment of the 15 master plan application; or 16 (c) is a written notice-- 17 (i) stating that the applicant does not intend to supply 18 any of the information requested; and 19 (ii) asking the coordinating agency and the local 20 government to proceed with the assessment of the 21 application. 22 `(2) The applicant must give the local government the response 23 within-- 24 (a) generally--the period that ends 12 months after the day 25 the applicant received the request for information from 26 the local government (the usual period); or 27 (b) if, within the usual period, the local government and any 28 coordinating agency agree with the applicant to extend 29 the usual period--that extended period. 30 `(3) The response must be accompanied by enough copies of it to 31 allow subsections (4) and (5) to be complied with. 32 `(4) The local government must give the coordinating agency a 33 copy of the response within 5 business days after the day the 34 local government receives it. 35

 


 

s 154 111 s 154 Urban Land Development Authority Bill 2007 `(5) The coordinating agency must give a participating agency a 1 copy of the response within 5 business days after the day the 2 coordinating agency receives it. 3 `(6) To remove any doubt, it is declared that this section does not 4 prevent the applicant from responding to a purported request 5 for information mentioned in section 2.5B.24(6). 6 `2.5B.26 Lapsing of application if applicant does not respond 7 `If the applicant does not comply with section 2.5B.25(2), the 8 master plan application lapses. 9 `Subdivision 3 Consultation stage 10 `2.5B.27 When consultation is required 11 `(1) The applicant must give public notice of the master plan 12 application-- 13 (a) in the circumstances stated in the structure plan for the 14 master planned area; or 15 (b) if the proposed master plan seeks to reduce the level of 16 assessment of assessable development requiring impact 17 assessment stated in the structure plan as being capable 18 of being reduced in a master plan to self-assessable 19 development or assessable development requiring code 20 assessment. 21 `(2) The public notice must comply with section 2.5B.28 and 22 2.5B.29. 23 `(3) If the public notice is required, the applicant must give the 24 local government a copy of the notice. 25 `2.5B.28 Content requirements for public notice 26 `(1) Any required public notice of the master plan application 27 must be the publication, at least once in a newspaper 28 circulating in the master planned area, of a notice stating the 29 following-- 30

 


 

s 154 112 s 154 Urban Land Development Authority Bill 2007 (a) that the applicant has applied for approval of a proposed 1 master plan; 2 (b) a description of the master plan and the master planning 3 unit; 4 (c) a contact telephone number of the local government for 5 information about the proposed master plan; 6 (d) that the application is open for inspection and purchase; 7 (e) that written submissions about any aspect of the 8 application may be made to the local government by any 9 person; 10 (f) the period (the consultation period) during which a 11 submission may be made; 12 (g) that the making of a submission does not give rise to a 13 right of appeal against a decision about the application; 14 (h) the requirements for a properly made submission. 15 `(2) The consultation period-- 16 (a) must be at least 20 business days after the publication; 17 and 18 (b) must not include any business day from 20 December in 19 a particular year to 5 January in the following year, both 20 days inclusive. 21 `2.5B.29 When public notice must be given 22 `(1) Any required public notice of the master plan application 23 must be published within 20 business days after-- 24 (a) if a request for information is made under section 25 2.5B.24--the response to the request being given to the 26 local government, under section 2.5B.25; or 27 (b) if no request for information is made under section 28 2.5B.24--the end of the period mentioned in section 29 2.5B.24(5)(b) or (c). 30 `(2) However, if-- 31 (a) a purported request for information is made after the 32 period required under section 2.5B.24; and 33

 


 

s 154 113 s 154 Urban Land Development Authority Bill 2007 (b) the applicant elects to comply with the request before 1 the end of the 20 business days mentioned in subsection 2 (1); 3 the public notice must be given within 20 business days after 4 the applicant complies with the request. 5 `2.5B.30 Notice to comply with public notice requirement 6 `(1) This section applies if public notice of the master plan 7 application is required and the applicant does not comply with 8 section 2.5B.29. 9 `(2) The local government may give the applicant a written notice 10 requiring the public notice under section 2.5B.29 to be 11 published within a stated period after the giving of the notice. 12 `(3) The stated period must be at least 10 business days after the 13 giving of the notice. 14 `2.5B.31 Lapsing of application if notice not complied with 15 `If the applicant does not comply with a notice under section 16 2.5B.30, the master plan application lapses. 17 `2.5B.32 Making submissions 18 `(1) During the consultation period, any person may make a 19 submission to the local government about the master plan 20 application. 21 `(2) The local government must accept a submission if the 22 submission is a properly made submission. 23 `(3) However, the local government may accept a written 24 submission even if the submission is not a properly made 25 submission. 26 `(4) If the local government has accepted a submission, the person 27 who made the submission may, by written notice-- 28 (a) during the consultation period, amend the submission; 29 or 30 (b) at any time before a decision on the application is made 31 by the local government, withdraw the submission. 32

 


 

s 154 114 s 154 Urban Land Development Authority Bill 2007 `2.5B.33 Distribution of submissions 1 `(1) The local government must, if asked by the coordinating 2 agency, give a copy of each properly made submission or 3 other submission accepted under section 2.5B.32(3) or 4 amended under 2.5B.32(4)(a) to the coordinating agency-- 5 (a) for a properly made submission--within 5 business days 6 after the end of the consultation period; or 7 (b) for a submission accepted under section 2.5B.32(3) or 8 amended under section 2.5B.32(4)(a)--within 5 9 business days after the submission is accepted or 10 amended. 11 `(2) The local government must also advise the coordinating 12 agency of any withdrawn submission within 5 business days 13 after the local government is advised a submission is 14 withdrawn. 15 `(3) The coordinating agency must give a copy of the submissions 16 received by it under subsection (1), to the participating 17 agencies within 5 business days after the day the coordinating 18 agency receives the submissions from the local government. 19 `(4) The coordinating agency must advise the participating 20 agencies of any withdrawn submission within 5 business days 21 after the day the coordinating agency receives an advice under 22 subsection (2). 23 `Subdivision 4 State government decision stage 24 `2.5B.34 Assessment by participating agency and 25 coordinating agency 26 `(1) Any participating agency and any coordinating agency must 27 assess the master plan application-- 28 (a) for participating agencies, within the limits of their 29 jurisdiction as stated in the structure plan; and 30 (b) against the following-- 31 (i) State planning regulatory provisions; 32

 


 

s 154 115 s 154 Urban Land Development Authority Bill 2007 (ii) a regional plan not appropriately reflected in the 1 structure plan; 2 (iii) State planning policies or parts of State planning 3 policies not appropriately reflected in the structure 4 plan; 5 (iv) if the master planning unit contains designated 6 land, its designation; 7 (v) the structure plan for the master planned area; 8 (vi) other master plans applicable to the master 9 planning unit for the proposed master plan; 10 (vii) State infrastructure agreements for the master 11 planned area; and 12 (c) having regard to-- 13 (i) the planning scheme and any other relevant local 14 planning instrument; and 15 (ii) other master plans applicable to the master planned 16 area. 17 `(2) In assessing the application, a participating agency or the 18 coordinating agency may give the weight it is satisfied is 19 appropriate to a document of a type mentioned in subsection 20 (1)(b) or (c) that came into effect after the application was 21 made but before it acts under section 2.5B.35 or 2.5B.39. 22 `2.5B.35 Participating agency's response 23 `(1) A participating agency must advise the coordinating agency 24 of its recommendation within the required period after-- 25 (a) if the participating agency does not make a request for 26 information--the day it received the master plan 27 application; or 28 (b) if the participating agency makes a request for 29 information--the day it receives the response to the 30 request. 31 `(2) In this section-- 32 required period means-- 33

 


 

s 154 116 s 154 Urban Land Development Authority Bill 2007 (a) generally--60 business days; or 1 (b) if the structure plan states a lesser period for the giving 2 of the recommendation--the lesser period. 3 `2.5B.36 Participating agency's response powers 4 `(1) A participating agency may, within the limits of its 5 jurisdiction as stated in the structure plan, recommend to the 6 coordinating agency one or more of the following-- 7 (a) that it has no conditions to include in an approval of the 8 proposed master plan; 9 (b) conditions that must be included in an approval of the 10 proposed master plan; 11 (c) that any approval must be for part only of the proposed 12 master plan; 13 (d) that the master plan application be refused. 14 `(2) Subsection (1) is subject to section 2.5B.44. 15 `2.5B.37 Coordinating agency's assessment 16 `The coordinating agency must, within 20 business days after 17 receiving the last response from a participating agency (the 18 coordinating agency assessment period)-- 19 (a) consider each participating agency's response; and 20 (b) make a preliminary assessment of the application, based 21 on the assessment carried out under section 2.5B.34; 22 and 23 (c) if there is a conflict between the preliminary assessment 24 and a participating agency's response, or between the 25 responses of participating agencies, to seek to achieve in 26 consultation with the relevant participating agency or 27 agencies an agreed State government response to the 28 master plan application. 29

 


 

s 154 117 s 154 Urban Land Development Authority Bill 2007 `2.5B.38 Resolution of conflict by Minister 1 `(1) If the coordinating agency can not resolve an agreed State 2 government response to the master plan application, the 3 coordinating agency must, within the coordinating agency 4 assessment period, refer the matter to the Minister. 5 `(2) If a matter is referred to the Minister, the Minister must-- 6 (a) establish a committee to prepare a report on the matters 7 and having considered the report, decide the response to 8 be provided by the coordinating agency; or 9 (b) having considered the written views of the parties, 10 decide the response to be provided by the coordinating 11 agency. 12 `(3) The Minister's decision must not be contrary to any relevant 13 law. 14 `2.5B.39 Coordinating agency's decision 15 `(1) The coordinating agency must advise the local government of 16 the coordinating agency's decision within 5 business days 17 after-- 18 (a) the end of the coordinating agency assessment period if 19 there is an agreed State government response to the 20 master plan application; or 21 (b) receiving the Minister's decision. 22 `(2) The coordinating agency's decision must tell the local 23 government one or more of the following-- 24 (a) that it has no conditions to include in an approval of the 25 proposed master plan; 26 (b) conditions (coordinating agency conditions) that must 27 be included in an approval of the proposed master plan; 28 (c) that any approval must be for part only of the proposed 29 master plan; 30 (d) that the master plan application be refused. 31 `(3) Subsection (2) is subject to section 2.5B.44. 32

 


 

s 154 118 s 154 Urban Land Development Authority Bill 2007 `(4) To remove any doubt, it is declared that the coordinating 1 agency may exercise any power of the participating agency 2 that the participating agency would have exercised if it had 3 been making the decision. 4 `Subdivision 5 Local government decision stage 5 `2.5B.40 Decision making period 6 `(1) If there is a coordinating agency for the master plan 7 application, the local government must decide the application 8 within the later of-- 9 (a) 60 business days after the day the applicant gave a 10 response to a request for information under section 11 2.5B.25; or 12 (b) 40 business days after the day any coordinating agency 13 advises the local government of its decision under 14 section 2.5B.39. 15 `(2) If there is no coordinating agency for the master plan 16 application, the local government must decide the application 17 within 60 business days after-- 18 (a) if a request for information has been made for the 19 application within the period (the request period) under 20 section 2.5B.24(5)--the day the applicant gave a 21 response to the request; or 22 (b) if no request for information has been made for the 23 application within the request period--the end of the 24 request period. 25 `2.5B.41 Assessment by local government 26 `(1) The local government must assess the master plan 27 application-- 28 (a) against the following-- 29 (i) the planning scheme and any other relevant local 30 planning instrument; 31 (ii) State planning regulatory provisions; 32

 


 

s 154 119 s 154 Urban Land Development Authority Bill 2007 (iii) a regional plan not appropriately reflected in the 1 structure plan; 2 (iv) State planning policies or parts of State planning 3 policies not appropriately reflected in the structure 4 plan; 5 (v) the structure plan for the master planned area; 6 (vi) other master plans applicable to the master 7 planning unit for the proposed master plan; 8 (vii) local infrastructure agreements for the master 9 planned area; and 10 (b) having regard to the following-- 11 (i) the application; 12 (ii) any requests for information and responses to 13 them; 14 (iii) submissions accepted by the local government; 15 (iv) any coordinating agency's decision; 16 (v) other master plans applicable to the master planned 17 area. 18 `(2) In assessing the application, the local government may give 19 the weight it is satisfied is appropriate to a document of a type 20 mentioned in subsection (1) that came into effect after the 21 application was made but before the local government makes 22 its decision on the application. 23 `2.5B.42 Local government's decision generally 24 `(1) In deciding the master plan application, the local government 25 must-- 26 (a) approve all or part of the proposed master plan and 27 include in it, in the exact form given by any coordinating 28 agency, any coordinating agency conditions; or 29 (b) approve all or part of the proposed master plan subject 30 to conditions decided by the local government and 31 include in it, in the exact form given by any coordinating 32 agency, any coordinating agency conditions; or 33

 


 

s 154 120 s 154 Urban Land Development Authority Bill 2007 (c) refuse the application. 1 `(2) An approval under subsection (1), may be given with or 2 without changes to the proposed master plan. 3 `(3) The local government's decision must be based on the 4 assessment carried out under section 2.5B.41. 5 `(4) For an approval under subsection (1)(a) or (b), if the 6 coordinating agency's decision has, under section 2.5B.39(2) 7 stated an action that must be taken, the local government must 8 also take the action. 9 `2.5B.43 Restrictions on giving approval 10 `(1) The local government can not approve the proposed master 11 plan if-- 12 (a) it does not comply with, or would be inconsistent with 13 the requirements for a master plan under, section 14 2.5B.15; or 15 (b) it is contrary to a State planning regulatory provision; or 16 (c) it conflicts with a regional plan not appropriately 17 reflected in the structure plan; or 18 (d) it conflicts with a State planning policy or part of a State 19 planning policy not appropriately reflected in the 20 structure plan; or 21 (e) it compromises the achievement of the desired 22 environmental outcomes for-- 23 (i) the local government's planning scheme area; or 24 (ii) the master planned area, as stated in the structure 25 plan for the area; or 26 (f) it conflicts with the structure plan area code for the 27 master planned area; or 28 (g) it conflicts with a master plan that already applies to the 29 master planning unit; or 30 (h) any coordinating agency has stated that the proposed 31 master plan must not be approved. 32

 


 

s 154 121 s 154 Urban Land Development Authority Bill 2007 `(2) A decision to approve the proposed master plan (the relevant 1 plan) must not be made before a decision has been made to 2 approve another proposed master plan that the structure plan 3 for the master planned area requires to be approved before the 4 relevant plan. 5 Note-- 6 See section 2.5B.8 (Content of structure plan). 7 `(3) If a master plan application for approval of the other proposed 8 master plan is refused, the master plan application for the 9 relevant plan must be refused. 10 `2.5B.44 Conditions 11 `(1) A condition included in a master plan must-- 12 (a) be relevant to, but not an unreasonable imposition on, 13 the development or use of premises as a consequence of 14 the development provided for in the master plan; or 15 (b) be reasonably required for the development or use of 16 premises as a consequence of the development provided 17 for in the master plan. 18 `(2) Without limiting subsection (1), a condition included in a 19 master plan may-- 20 (a) limit how long a lawful use may continue or works may 21 remain in place; or 22 (b) state that development in the master planning unit can 23 not start until-- 24 (i) other master plans for the master planning unit 25 have taken effect; or 26 (ii) development permits for assessable development 27 in the master planning unit have taken effect; or 28 (iii) other development in the master planning unit has 29 been substantially started or completed; or 30 (c) relate to infrastructure if the condition is of a type that 31 could have been imposed had the master plan 32 application been a development application made at the 33 same time as the master plan application; or 34

 


 

s 154 122 s 154 Urban Land Development Authority Bill 2007 (d) require compliance with an infrastructure agreement 1 relating to the master planned area. 2 Note-- 3 See also section 2.5B.58 (Modified application of provisions about 4 infrastructure for master plan). 5 Editor's note-- 6 For relevant provisions relating to development applications, see section 7 3.5.32, chapter 5, parts 1 and 2 and section 6.1.31. 8 `(3) A condition imposed under subsection (2)(d) is taken to 9 comply with subsection (1). 10 `2.5B.45 Notice of decision 11 `(1) The local government must, within 5 business days after the 12 day the local government decides the master plan application, 13 give written notice about the decision to-- 14 (a) the applicant; and 15 (b) any coordinating agency. 16 `(2) The local government must give the coordinating agency 17 enough copies of the notice to allow the coordinating agency 18 to comply with subsection (4). 19 `(3) The notice must-- 20 (a) state the decision and the day it was made; and 21 (b) include a copy of any master plan as approved; and 22 (c) if the application is refused, state whether-- 23 (i) the local government was directed to refuse the 24 application; and 25 (ii) the refusal was solely because of the coordinating 26 agency's direction; and 27 (d) state the applicant's rights of appeal against the 28 decision. 29 `(4) The coordinating agency must give a copy of the notice to 30 each participating agency within 5 business days after the 31 coordinating agency receives the notice from the local 32 government. 33

 


 

s 154 123 s 154 Urban Land Development Authority Bill 2007 `2.5B.46 Representations about conditions and other matters 1 `(1) This section applies if the applicant makes written 2 representations to the local government about a matter stated 3 in the notice given under section 2.5B.45 (the original 4 notice), within the applicant's appeal period. 5 `(2) If the matter relates to coordinating agency conditions-- 6 (a) the local government must give any coordinating agency 7 a copy of the representations; and 8 (b) the coordinating agency must advise the local 9 government whether or not it agrees with the 10 representations. 11 `(3) If the relevant entity agrees with any of the representations, 12 the local government must give a new notice under section 13 2.5B.45 (a negotiated notice) to- 14 (a) the applicant; and 15 (b) the coordinating agency. 16 `(4) Only 1 negotiated notice may be given. 17 `(5) The negotiated notice-- 18 (a) must be given within 5 business days after the day the 19 relevant entity agrees with the representations; and 20 (b) must be in the same form as the original notice; and 21 (c) must state the nature of the changes; and 22 (d) replaces the original notice. 23 `(6) If the relevant entity does not agree with any of the 24 representations, the local government must, within 5 business 25 days after the day it decides not to agree with any of the 26 representations, give a written notice to the applicant stating 27 the decision on the representations. 28 `(7) Before the relevant entity agrees to a change under this 29 section, it must reconsider the matters considered when the 30 original decision was made by the relevant entity, to the extent 31 the matters are relevant. 32 `(8) If the master plan approved by the negotiated notice is 33 different from the master plan approved under section 2.5B.45 34 in a way that affects the amount of an infrastructure charge, 35

 


 

s 154 124 s 154 Urban Land Development Authority Bill 2007 regulated infrastructure charge or regulated State 1 infrastructure charge-- 2 (a) the local government may give the applicant an 3 infrastructure charges notice or a regulated 4 infrastructure charges notice that replaces an existing 5 infrastructure charges notice or regulated infrastructure 6 charges notice; or 7 (b) the coordinating agency may give the applicant a new 8 regulated State infrastructure charges notice that 9 replaces an existing regulated State infrastructure 10 charges notice. 11 `(9) In this section-- 12 relevant entity, for the representations, means-- 13 (a) to the extent the representations relate to coordinating 14 agency conditions--the coordinating agency; or 15 (b) otherwise--the local government. 16 `2.5B.47 Applicant may suspend applicant's appeal period 17 `(1) If the applicant needs more time to make the written 18 representations, the applicant may, by written notice given to 19 the local government (the suspension notice), suspend the 20 applicant's appeal period. 21 `(2) The applicant may act under subsection (1) only once. 22 `(3) If the representations are not made within 20 business days 23 after the giving of the suspension notice, the balance of the 24 applicant's appeal period restarts. 25 `(4) If the representations are made within 20 business days after 26 the giving of the suspension notice-- 27 (a) if the applicant gives the local government a notice 28 withdrawing the suspension notice--the balance of the 29 applicant's appeal period restarts the day after the local 30 government receives the notice; or 31 (b) if the local government or the coordinating agency gives 32 the applicant a notice under section 2.5B.46(8)--the 33 balance of the applicant's appeal period restarts the day 34 after the applicant receives the notice; or 35

 


 

s 154 125 s 154 Urban Land Development Authority Bill 2007 (c) if the local government gives the applicant a negotiated 1 notice for the master plan application--the applicant's 2 appeal period starts again the day after the applicant 3 receives the notice. 4 `2.5B.48 When approval takes effect 5 `If the proposed master plan is approved, or approved subject 6 to conditions, the plan takes effect-- 7 (a) if, after receiving notice of the decision under section 8 2.5B.45, the applicant gives the local government 9 written notice that it will not be appealing the 10 decision--from when the written notice is given; or 11 (b) if at the end of the applicant's appeal period, the 12 applicant has not appealed against the decision and no 13 notice has been given under paragraph (a)--at the end of 14 the applicant's appeal period; or 15 (c) if an appeal is made to the court, subject to the decision 16 of the court under section 4.1.54, when the appeal is 17 finally decided. 18 `Subdivision 6 Ministerial directions about 19 application 20 `2.5B.49 Ministerial directions to local government 21 `(1) This section applies if the Minister considers the local 22 government has not-- 23 (a) taken an action within the period required of it under 24 this division; or 25 (b) made a decision on representations made to it under 26 section 2.5B.46. 27 `(2) The minister may, by written notice, direct the local 28 government to, within a stated reasonable period, take the 29 action or make a decision on the representations. 30 `(3) The notice must state the reasons for deciding to give the 31 direction. 32

 


 

s 154 126 s 154 Urban Land Development Authority Bill 2007 `(4) The Minister must give the applicant and any coordinating 1 agency a copy of the notice. 2 `(5) The local government must comply with the direction. 3 `2.5B.50 Ministerial directions to applicant 4 `(1) This section applies if the Minister considers the applicant has 5 not taken an action required of it under this division. 6 `(2) The Minister may, by written notice, direct the applicant to 7 take the action within a stated reasonable period. 8 `(3) The notice must state the reasons for deciding to give the 9 direction. 10 `(4) The Minister must give the local government and any 11 coordinating agency a copy of the notice. 12 `(5) The applicant must comply with the direction. 13 `Subdivision 7 Miscellaneous provisions 14 `2.5B.51 Agreements about master plan 15 `The applicant may enter into an agreement with an entity, 16 including, for example, the local government or coordinating 17 agency or participating agency, to establish the obligations, or 18 secure the performance, of the proposed master plan or the 19 master plan when it takes effect. 20 `2.5B.52 Native Title Act (Cwlth) 21 `(1) Subsections (2) and (3) apply if a local government takes 22 action under the Native Title Act 1993 (Cwlth), section 24HA 23 or 24KA relating to the master plan application. 24 `(2) If the local government takes the action before deciding the 25 application, the deciding of the application must not start until 26 the action is completed. 27 `(3) If the local government takes the action after the local 28 government decision stage under subdivision 5 has started, 29

 


 

s 154 127 s 154 Urban Land Development Authority Bill 2007 that stage stops the day after the action is taken and starts 1 again the day after the action is completed. 2 `2.5B.53 Substantial compliance 3 `If the master plan is approved in substantial compliance with 4 this division and has taken effect it is valid so long as any 5 noncompliance has not-- 6 (a) adversely affected the awareness of the public of the 7 existence and nature of the proposed master plan; or 8 (b) restricted the opportunity of the public to make a 9 properly made submission about the relevant master 10 plan application; or 11 (c) restricted the opportunity of a coordinating agency, a 12 participating agency or the local government to perform 13 their functions under this division. 14 `2.5B.54 Changing application 15 `(1) Before the master plan application is decided by the local 16 government, the applicant may change the application by 17 giving the local government written notice of the change. 18 `(2) The local government must give any coordinating agency a 19 copy of the notice as soon as practicable after receiving it. 20 `(3) The steps under this division must be repeated for the 21 application as changed. 22 `(4) However, subsection (3) does not apply if-- 23 (a) the change is-- 24 (i) to correct or change a matter mentioned in 25 subsection (5); or 26 (ii) in response to a request for information; and 27 (b) the local government is satisfied the change would not 28 adversely affect the ability of a person to assess the 29 changed application. 30 `(5) For subsection (4)(a)(i), the matters are any of the 31 following-- 32

 


 

s 154 128 s 154 Urban Land Development Authority Bill 2007 (a) an explanatory matter about the proposed master plan; 1 (b) its format or presentation; 2 (c) a grammatical or mapping error in the plan; 3 (d) a factual error in the plan; 4 (e) a redundant or outdated term in the plan; 5 (f) a mistake about the applicant's name or address or the 6 owner of land in the master planning unit; 7 (g) a mistake about the street address, property description 8 or area of the master planning unit. 9 `2.5B.55 Withdrawing application 10 `(1) At any time before the master plan application is decided by 11 the local government, the applicant may withdraw the 12 application by giving written notice of the withdrawal to the 13 local government. 14 `(2) The local government must give any coordinating agency a 15 copy of the notice as soon as practicable after receiving it. 16 `2.5B.56 Additional third party advice or comment 17 `(1) The local government may, at any time before it decides the 18 master plan application, ask any person for advice or 19 comment about the application. 20 `(2) However asking for and receiving advice or comment does 21 not extend any period under this division. 22 `(3) There is no particular way advice or comment may be asked 23 for and received and the request may be by publicly notifying 24 the application. 25 `(4) To remove any doubt, it is declared that public notification 26 under subsection (3) does not constitute a public notice of the 27 application by the applicant. 28

 


 

s 154 129 s 154 Urban Land Development Authority Bill 2007 `2.5B.57 Public scrutiny of application and related material 1 `(1) The local government must keep, for the master plan 2 application, the following documents available for inspection 3 and purchase-- 4 (a) the application, including any documents lodged by the 5 applicant in support of the application; 6 (b) any request for information, whether or not the request 7 complied with section 2.5B.24; 8 (c) any information given to it in response to a request 9 mentioned in paragraph (b); 10 (d) any properly made submission for the application; 11 (e) any third party advice or comment given under section 12 2.5B.56; 13 (f) any coordinating agency decision under section 2.5B.39. 14 `(2) The documents mentioned in subsection (1) must be kept 15 available for inspection and purchase from when the local 16 government receives them until-- 17 (a) the application is withdrawn or lapses; or 18 (b) if paragraph (a) does not apply--the end of the last 19 period during which an appeal may be made against a 20 decision on the application. 21 `(3) Subsection (1) does not apply to documents to the extent the 22 local government is satisfied the documents contain sensitive 23 security information. 24 `(4) Also, the local government may remove the name, address 25 and signature of each person who made a submission before 26 making the submission available for inspection and purchase. 27

 


 

s 154 130 s 154 Urban Land Development Authority Bill 2007 `Division 6 Miscellaneous provisions about 1 master plans 2 `2.5B.58 Modified application of provisions about 3 infrastructure for master plan 4 `(1) Chapter 5, parts 1 and 3 apply for a master plan and the 5 relevant master plan application for it-- 6 (a) as if a reference in the parts to a development 7 application were a reference to the master plan 8 application; and 9 (b) as if a reference in the parts to an applicant were a 10 reference to a person who made the master plan 11 application; and 12 (c) as if a reference in the parts to a development approval 13 were a reference to an approval of a master plan; and 14 (d) as if a reference in the parts to a condition were a 15 reference to a condition included in a master plan; and 16 (e) as if a reference in the parts to a State infrastructure 17 provider were a reference to a coordinating agency; and 18 (f) as if a reference in the parts to an assessment manager 19 were a reference to the local government; and 20 (g) as if a reference in the parts to a concurrence agency 21 were a reference to a coordinating agency; and 22 (h) with other necessary changes. 23 `(2) However, the requirement under section 5.1.25(1) to give an 24 acknowledgment notice under section 3.2.4 does not apply. 25 `(3) To remove any doubt, it is declared that subsection (1) does 26 not affect the operation of chapter 5, parts 1 and 3, for a 27 development application. 28 `2.5B.59 Application to amend master plan 29 `(1) A person may apply to amend a master plan. 30

 


 

s 154 131 s 154 Urban Land Development Authority Bill 2007 `(2) The application must be made and decided under division 5 in 1 the same way as a master plan application as if the proposed 2 amendment were a proposed master plan. 3 `(3) However, the written consent of an owner of land in the 4 master planning unit is not required if, in the local 5 government's opinion, the proposed amendment does not 6 materially affect the land. 7 `(4) Subject to subsection (3), the local government may accept 8 the application even if it does not comply with the 9 requirements applying for an application under division 5. 10 `2.5B.60 Cancellation of master plan by local government 11 `(1) The local government may cancel a master plan only if-- 12 (a) all owners of land in the master planning unit have given 13 written consent to the cancellation; and 14 (b) development under the plan has not started. 15 `(2) In this section-- 16 cancel does not include amend or replace. 17 `Division 7 Development applications in 18 declared master planned areas 19 `2.5B.61 Application of div 7 20 `This division applies for a development application, or 21 proposed development application, for land in a declared 22 master planned area. 23 `2.5B.62 Relationship with IDAS 24 `(1) Requirements and restrictions under this division apply for the 25 development application as well as any relevant requirements 26 under IDAS. 27 `(2) If this division imposes a restriction on, or a requirement for, 28 the granting of the development application, it can not be 29

 


 

s 154 132 s 154 Urban Land Development Authority Bill 2007 granted if the restriction applies or if the requirement has not 1 been complied with. 2 `(3) If a provision of this division applying to the development 3 application conflicts with a provision of IDAS, the provision 4 of this division prevails to the extent of the inconsistency. 5 `(4) If a provision of this division prevents the making of the 6 proposed development application, it can not be made. 7 `2.5B.63 Modified application of sch 8 if application relates to 8 particular development 9 `(1) This section applies for the development application if-- 10 (a) the development is of a type stated in schedule 8-- 11 (i) part 1, table 2, item 9 or 10; or 12 (ii) part 1, table 4, item 1A, 1B, 1C, 1D, 1E, 1F, 1G, 3, 13 5, 6, 8 or 9; or 14 (iii) part 1, table 5, item 1; or 15 (iv) part 2, table 4, item 1, 2 or 4; and 16 (b) the agency who would, other than for this section, have 17 been a referral agency or the assessment manager for the 18 development application was a coordinating agency or a 19 participating agency stated in-- 20 (i) the master plan declaration; or 21 (ii) the structure plan for the master planned area. 22 `(2) Schedule 8 applies to the development only if a regulation 23 provides that the schedule applies to the development. 24 Editor's note-- 25 (a) schedule 8, part 1 (Assessable development), table 2 (Material 26 change of use of premises)-- 27 item 9 (For public passenger transport) 28 item 10 (For railways) 29 (b) schedule 8, part 1, table 4 (Operating works)-- 30 item 1A (For clearing native vegetation on freehold land and 31 indigenous land) 32 item 1B (For clearing native vegetation on leasehold land 33 used for agriculture or grazing) 34

 


 

s 154 133 s 154 Urban Land Development Authority Bill 2007 item 1C (For clearing native vegetation on land that is subject 1 to a lease under the Land Act 1994, other than a lease used 2 for agriculture or grazing) 3 item 1D (For clearing native vegetation on a road under the 4 Land Act 1994) 5 item 1E (For clearing native vegetation on trust land under 6 the Land Act 1994) 7 item 1F (For clearing native vegetation on unallocated State 8 land under the Land Act 1994) 9 item 1G (For clearing native vegetation on land that is subject 10 to a licence or permit under the Land Act 1994) 11 item 3 (For taking, or interfering with, water) 12 item 5 (For tidal work or work within a coastal management 13 district) 14 item 6 (For constructing or raising waterway barrier works) 15 item 8 (For removal, destruction or damage of marine plants) 16 item 9 (For railways) 17 (c) schedule 8, part 1, table 5 (Various aspects of development), item 1 18 (Development for quarrying in a watercourse or lake) 19 (d) schedule 8, part 2 (Self-assessable development), table 4 20 (Operational work)-- 21 item 1 (For taking or interfering with, water) 22 item 2 (For waterway barrier works) 23 item 4 (For the removal, destruction or damage of marine 24 plants) 25 `2.5B.64 Exclusion of particular agencies as a referral agency 26 `(1) An agency is not a referral agency for the development 27 application to the extent that it has exercised a coordinating 28 agency or participating agency's jurisdiction for the structure 29 plan or a master plan for the master planned area. 30 Note-- 31 The jurisdiction arises from the relevant master planned area declaration 32 and the structure plan. See sections 2.5B.3 and 2.5B.8. 33 `(2) However, the agency is a referral agency for the application to 34 the extent the development is assessable development under 35 schedule 8 as it applies under section 2.5B.63. 36

 


 

s 154 134 s 154 Urban Land Development Authority Bill 2007 `2.5B.65 Exclusion of particular provisions about making 1 application 2 `(1) This section applies if there is a structure plan in force for the 3 master planned area. 4 `(2) The following do not apply to the making of the development 5 application or proposed development application-- 6 (a) the requirements of any regulation under section 7 3.2.1(5); 8 (b) a provision of any other Act that imposes a requirement 9 for, or a restriction on, the making of the application if 10 the requirement or restriction relates to a State resource 11 prescribed under section 3.2.1(5); 12 Editor's note-- 13 For the prescribed State resources and the other Acts, see the 14 Integrated Planning Regulation 1998, schedule 10. 15 (c) a provision of any other Act that imposes a requirement 16 for, or a restriction on, the making of the application. 17 Examples of provisions for paragraph (c)-- 18 the Water Act 2000, section 967 and the Vegetation Management 19 Act 1999, section 22A 20 `(3) This section applies despite any other Act. 21 `2.5B.66 Additional provisions for when application is properly 22 made 23 `(1) This section applies if the structure plan for the master 24 planned area requires a master plan for the development. 25 Note-- 26 See also section 2.5B.8(2)(b). 27 `(2) For section 3.2.1(7), the development application is properly 28 made only if the master plan has been approved. 29 Note-- 30 See also section 2.5B.8(3)(c). 31 `(3) The development application is a properly made application 32 under section 3.2.1(9) only if a master plan application for the 33

 


 

s 154 135 s 154 Urban Land Development Authority Bill 2007 master plan was made with or before the making of the 1 development application. 2 `2.5B.67 Provision about approval of master plan 3 `(1) If the structure plan for the master planned area requires a 4 master plan for the development and a proposed master plan 5 for the development has not been approved, until the approval 6 has been given-- 7 (a) the assessment manager's decision can not be made; and 8 (b) the decision making period for the application is 9 suspended. 10 `(2) If a master plan application for the master plan is refused, the 11 development application must be refused. 12 `2.5B.68 Decision must not be contrary to master plan 13 `The assessment manager's decision on the development 14 application must not be contrary to a master plan for the 15 master planned area. 16 `2.5B.69 Assessable development requiring code assessment 17 `(1) This section applies to any part of the development 18 application requiring code assessment against a local planning 19 instrument if the local government is the assessment manager. 20 `(2) Section 3.5.13(3) and (4) do not apply to the deciding of the 21 application. 22 `(3) The local government must refuse the application if the local 23 government is satisfied approving it would-- 24 (a) compromise the achievement of the desired 25 environmental outcomes for the local government's 26 planning scheme area; or 27 (b) conflict with the purpose of the structure plan area code 28 for the master planned area or the purpose of the master 29 plan area code for the master planning unit; or 30 (c) conflict with a provision of an applicable code, other 31 than the purpose of a code mentioned in paragraph (b). 32

 


 

s 154 136 s 154 Urban Land Development Authority Bill 2007 `(4) Subsection (3)(a) or (b) do not apply if-- 1 (a) the compromise or conflict is necessary to further the 2 outcomes of-- 3 (i) if the local government's planning scheme is in the 4 relevant area for a State planning regulatory 5 provision--the provision; or 6 (ii) if the planning scheme is in a designated 7 region--the region's regional plan; or 8 (iii) any State planning policy or part of a State 9 planning policy; and 10 (b) the provision, plan, policy or part, is not identified in the 11 structure plan as being appropriately reflected in the 12 planning scheme. 13 `(5) Subsection (3)(c) does not apply if there are sufficient grounds 14 to justify the decision despite the conflict, having regard to-- 15 (a) the purpose of the code; and 16 (b) if they are not identified in the planning scheme as being 17 appropriately reflected in the local government's 18 planning scheme-- 19 (i) if the planning scheme is in the relevant area for a 20 State planning regulatory provision--the 21 provision; and 22 (ii) if the planning scheme is in a designated 23 region--the region's regional plan; and 24 (iii) State planning policies or parts of State planning 25 policies. 26 `2.5B.70 Assessable development requiring impact 27 assessment 28 `(1) This section applies to any part of the development 29 application requiring impact assessment against a local 30 planning instrument if the local government is the assessment 31 manager. 32

 


 

s 154 137 s 154 Urban Land Development Authority Bill 2007 `(2) The local government must, when carrying out the impact 1 assessment under section 3.5.5, have regard to all master 2 plans for the master planned area. 3 `(3) Section 3.5.14 does not apply to the deciding of the 4 application. 5 `(4) The local government must refuse the application if the local 6 government is satisfied approving it would-- 7 (a) compromise the achievement of the desired 8 environmental outcomes for the local government's 9 planning scheme area; or 10 (b) conflict with the purpose of the structure plan area code 11 for the master planned area or the master plan area code 12 for the master planning unit; or 13 (c) conflict with a provision of the planning scheme, other 14 than a provision mentioned in paragraphs (a) and (b). 15 `(5) Subsection (4)(a) and (b) do not apply if-- 16 (a) the compromise or conflict is necessary to further the 17 outcomes of-- 18 (i) if the planning scheme is in the relevant area for a 19 State planning regulatory provision--the 20 provision; or 21 (ii) if the planning scheme is in a designated 22 region--the region's regional plan; or 23 (iii) any State planning policy or part of a State 24 planning policy; and 25 (b) the provision, plan, policies or part, is not identified in 26 the structure plan as being appropriately reflected in the 27 planning scheme. 28 `(6) Subsection (4)(c) does not apply if there are sufficient grounds 29 to justify the decision despite the conflict. 30 `2.5B.71 Decision notice 31 `(1) The decision notice for the development application must 32 state-- 33

 


 

s 154 138 s 154 Urban Land Development Authority Bill 2007 (a) whether the assessment manager is satisfied its decision 1 is one to which section 2.5B.69(3) or section 2.5B.70(4) 2 applies; and 3 (b) if the assessment manager is satisfied its decision is one 4 to which section 2.5B.69(3)(c) or section 2.5B.70(4)(c) 5 applies--its reasons for the decision; and 6 (c) if the assessment manager is satisfied its decision is one 7 to which section 2.5B.69(3)(c) or section 2.5B.70(4)(c) 8 applies--its reasons for the decision, including a 9 statement of the sufficient grounds mentioned in section 10 2.5B.69(5) or 2.5B.70(6). 11 `(2) Section 3.5.15(2)(l) does not apply for the decision notice. 12 `2.5B.72 Additional restriction on starting of development 13 `The development can not start until all master plans that the 14 structure plan requires for the land have taken effect. 15 Note-- 16 See section 4.3.5B(4) (Compliance with master plans). 17 `2.5B.73 Notation of master plan on planning scheme 18 `(1) This section applies if the master plan is approved and is in 19 force. 20 `(2) The local government must-- 21 (a) note the master plan on its planning scheme; and 22 (b) give the chief executive written notice of the notation 23 and the land to which the note relates. 24 `(3) The note is not an amendment of the planning scheme. 25 `(4) Failure to comply with subsection (2) does not affect the 26 validity of the master plan. 27

 


 

s 154 139 s 154 Urban Land Development Authority Bill 2007 `Division 8 Funding of master planning 1 `2.5B.74 Agreement to fund structure plan 2 `(1) A local government may enter into an agreement with owners 3 or occupiers of land in a declared master planned area, or 4 another person who has an interest in the matter, to fund the 5 preparation of a structure plan. 6 `(2) However, the agreement may be entered into only if the local 7 government has adopted a policy that prescribes the basis on 8 which the funding is to be provided. 9 Note-- 10 Funding for a structure plan may also be the subject of an infrastructure 11 agreement. See section 5.3.8. 12 `2.5B.75 Special charge for making a structure plan 13 `(1) A local government may, by resolution, make and levy on an 14 owner or occupier of rateable land in a declared master 15 planned area a special charge on the land if-- 16 (a) the charge is for making the structure plan for the area; 17 and 18 (b) in the local government's opinion-- 19 (i) the land, or the owner or occupier of the land, has 20 or will specially benefit from the making of the 21 structure plan; or 22 (ii) the owner or occupier of the land, or the use made 23 or to be made of the land, has, or will, specially 24 contribute to the need for the making of the 25 structure plan. 26 `(2) The charge may be made and levied on the bases the local 27 government considers appropriate. 28 `(3) However, if an amount has been paid, or is payable, to the 29 local government under an agreement under section 2.5B.74 30 or an infrastructure agreement for the making of the structure 31 plan, the local government must take into account the amount 32 in levying the charge. 33 `(4) The local government may fix a minimum amount of the 34 charge. 35

 


 

s 154 140 s 154 Urban Land Development Authority Bill 2007 `(5) Without limiting subsection (2), the amount of the charge may 1 vary according to the extent to which, in the local 2 government's opinion-- 3 (a) the land, or the owner or occupier of the land, has or will 4 specially benefit from the making of the structure plan; 5 or 6 (b) the owner or occupier of the land, or the use made or to 7 be made of the land, has, or will, specially contribute to 8 the need for the making of the structure plan. 9 `(6) The local government's resolution making the charge must 10 identify-- 11 (a) the rateable land to which the charge applies; and 12 (b) the overall plan for the making of the structure plan. 13 `(7) The overall plan must-- 14 (a) be adopted by the local government by resolution either 15 before, or at the same time as, the local government first 16 makes the charge; and 17 (b) identify the rateable land to which the charge applies; 18 and 19 (c) describe the process for the making of the structure 20 plan; and 21 (d) state the estimated cost of implementing the overall 22 plan; and 23 (e) state the estimated time for implementing the overall 24 plan. 25 `(8) The local government may identify parcels of rateable land to 26 which the charge applies in any way it considers appropriate. 27 `(9) In this section-- 28 rateable land see the Local Government Act 1993, section 29 957. 30

 


 

s 154 141 s 154 Urban Land Development Authority Bill 2007 `Part 5C State planning regulatory 1 provisions 2 `Division 1 General provisions 3 `2.5C.1 Power to make State planning regulatory provision 4 `The Minister may, by complying with division 2, make a 5 State planning regulatory provision for a part of the State (a 6 relevant area). 7 `2.5C.2 Restriction on making State planning regulatory 8 provision 9 `(1) The Minister may make a State planning regulatory provision 10 only if the Minister is satisfied the provision is necessary to-- 11 (a) implement a regional plan or a structure plan for a 12 declared master planned area; or 13 (b) prevent a compromise of the implementation of-- 14 (i) a proposed regional plan for a designated region or 15 a proposed designated region; or 16 (i) a structure plan or proposed structure plan for a 17 master planned area or a proposed master planned 18 area; or 19 (c) provide for-- 20 (i) a regulated State infrastructure charges schedule 21 for a master planned area, under section 5.3.2; or 22 (ii) a regulated infrastructure charge for the supply of 23 trunk infrastructure, under section 5.1.5. 24 `(2) However, the Minister may also make a State planning 25 regulatory provision if the Minister is satisfied-- 26 (a) there is a significant risk of serious environmental harm 27 or serious adverse cultural, economic or social 28 conditions occurring in a planning scheme area; and 29

 


 

s 154 142 s 154 Urban Land Development Authority Bill 2007 (b) giving a direction under section 2.3.2 would not be the 1 most appropriate way to address the risk. 2 Note-- 3 Section 6.8.12 (Transition of validated planning documents to master 4 planning documents) also allows the making of State planning 5 regulatory provisions. 6 `2.5C.3 Content of State planning regulatory provision 7 `A State planning regulatory provision may-- 8 (a) declare development to be assessable or self-assessable 9 development; and 10 (b) require impact or code assessment, or both impact and 11 code assessment, for assessable development, including 12 assessable development mentioned in paragraph (a); and 13 (c) include a code for IDAS, or other criteria for the 14 assessment of development applications; and 15 (d) otherwise regulate development by, for example-- 16 (i) stating aspects of development that may not occur 17 in stated localities; or 18 (ii) stating aspects of development that may not occur 19 in stated localities until-- 20 (A) a stated structure plan within a planning 21 scheme or another stated planning 22 instrument has been made; or 23 (B) a stated master plan has been approved; or 24 (C) a stated development application has been 25 approved; and 26 (e) state transitional arrangements for development 27 applications or master plan applications affected by the 28 provision; and 29 (f) provide for a matter mentioned in section 2.5C.2. 30

 


 

s 154 143 s 154 Urban Land Development Authority Bill 2007 `2.5C.4 State interest 1 `For this Act, a State planning regulatory provision is taken to 2 be a State interest. 3 `2.5C.5 Relationship with other planning instruments 4 `(1) If there is an inconsistency between a State planning 5 regulatory provision and another planning instrument, the 6 State planning regulatory provision prevails to the extent of 7 the inconsistency. 8 `(2) Subject to subsection (1), a State planning regulatory 9 provision does not amend the other planning instrument. 10 `2.5C.6 Status of State planning regulatory provision 11 `(1) A State planning regulatory provision is a statutory instrument 12 under the Statutory Instruments Act 1992 and has the force of 13 law. 14 `(2) A State planning regulatory provision is not subordinate 15 legislation. 16 `2.5C.7 Particular State planning regulatory provisions to 17 be ratified by Parliament 18 `(1) This section applies to a State planning regulatory provision 19 made to-- 20 (a) implement a regional plan; or 21 (b) prevent a compromise of the implementation of a 22 proposed regional plan for a designated region or a 23 proposed designated region. 24 `(2) The following Minister must table a copy of the provision in 25 the Legislative Assembly within 14 sitting days after the 26 making of the provision-- 27 (a) if the provision is made for a purpose mentioned in 28 subsection (1)(a) or (b)--the regional planning Minister; 29 (b) otherwise--the Minister. 30

 


 

s 154 144 s 154 Urban Land Development Authority Bill 2007 `(3) If the provision is not ratified by Parliament within 14 sitting 1 days after the day the copy is tabled, the provision ceases to 2 have effect. 3 `2.5C.8 State planning regulatory provisions that are subject 4 to disallowance 5 `(1) This section applies to a State planning regulatory provision 6 made because the Minister was satisfied there is a significant 7 risk of serious environmental harm or serious adverse cultural, 8 economic or social conditions occurring in a planning scheme 9 area. 10 `(2) The Statutory Instruments Act 1992, sections 49, 50 and 51, 11 apply to the provision as if it were subordinate legislation. 12 Editor's note-- 13 Statutory Instruments Act 1992, sections 49 (Subordinate legislation 14 must be tabled), 50 (Disallowance) and 51 (Limited saving of operation 15 of subordinate legislation that ceases to have effect) 16 `Division 2 Making State planning regulatory 17 provisions 18 `2.5C.9 Notice of and public consultation on draft State 19 planning regulatory provision 20 `(1) The Minister must prepare a draft of any proposed State 21 planning regulatory provision. 22 `(2) When the Minister has prepared the draft State planning 23 regulatory provision, the Minister must publish a notice-- 24 (a) in the gazette; and 25 (b) at least once in a newspaper circulating in the relevant 26 area. 27 `(3) The notice must state the following-- 28 (a) that the draft State planning regulatory provision is 29 available for inspection and purchase; 30 (b) where copies of the draft State planning regulatory 31 provision are available for inspection and purchase; 32

 


 

s 154 145 s 154 Urban Land Development Authority Bill 2007 (c) a contact telephone number for information about the 1 draft State planning regulatory provision; 2 (d) that written submissions about any aspect of the draft 3 State planning regulatory provision may be given to the 4 Minister by any person; 5 (e) the period (the consultation period) during which the 6 submissions may be made; 7 (f) the requirements for a properly made submission. 8 `(4) The consultation period must be for at least 30 business days 9 after the day the notice is gazetted. 10 `(5) The Minister must give a copy of the notice and the draft State 11 planning regulatory provision to each local government 12 whose local government area includes the relevant area. 13 `(6) The Minister may give a copy of the notice and the draft State 14 planning regulatory provision to any other entity the Minister 15 considers appropriate. 16 `(7) For all of the consultation period, the Minister must keep a 17 copy of the draft State planning regulatory provision available 18 for inspection and purchase. 19 `(8) The Minister may, during the consultation period, amend, 20 replace or remove the draft State planning regulatory 21 provision, other than to change the relevant area. 22 `2.5C.10 Making State planning regulatory provision 23 `(1) The Minister must consider every properly made submission 24 about the draft State planning regulatory provision. 25 `(2) After the Minister has acted under subsection (1), the Minister 26 must-- 27 (a) make the State planning regulatory provision as 28 provided for in the draft State planning regulatory 29 provision as published; or 30 (b) make the State planning regulatory provision and 31 include any amendments of the draft State planning 32 regulatory provision the Minister considers appropriate; 33 or 34

 


 

s 154 146 s 154 Urban Land Development Authority Bill 2007 (c) decide not to make a State planning regulatory provision 1 as mentioned in paragraph (a) or (b). 2 `2.5C.11 Notice and taking effect of State planning regulatory 3 provision 4 `(1) After the Minister has made the State planning regulatory 5 provision, the Minister must publish a notice about the 6 making of the provision-- 7 (a) in the gazette; and 8 (b) at least once in a newspaper circulating in the region. 9 `(2) The notice must state-- 10 (a) the day the State planning regulatory provision was 11 made; and 12 (b) where a copy of the provision may be inspected and 13 purchased. 14 `(3) Subject to sections 2.5C.7 and 2.5C.8, the State planning 15 regulatory provision takes effect on and from-- 16 (a) the day the making of the State planning regulatory 17 provision is gazetted; or 18 (b) if a later day for the commencement of the State 19 planning regulatory provision is stated in the State 20 planning regulatory provision--the later day. 21 `Division 3 Effect of drafts and draft 22 amendments 23 `2.5C.12 Effect of draft State planning regulatory provision 24 and draft amendments 25 `(1) This section applies to-- 26 (a) a draft State planning regulatory provision published 27 under division 2, as amended from time to time under 28 section 2.5C.9(8) (the draft provision); or 29

 


 

s 154 147 s 154 Urban Land Development Authority Bill 2007 (b) a draft State planning regulatory provision as amended 1 by a draft amendment of the provision under division 4 2 (also the draft provision). 3 `(2) The draft provision has effect as if it were a State planning 4 regulatory provision until the earlier of the following 5 happens-- 6 (a) a decision to make a State planning regulatory provision 7 is made under section 2.5C.10(2)(a) or (b) relating to the 8 draft provision and the State planning regulatory 9 provision takes effect under section 2.5C.11(3); 10 (b) a decision not to make a State planning regulatory 11 provision is made under section 2.5C.10(2)(c) relating 12 to the draft provision. 13 `Division 4 Amendment or repeal of State 14 planning regulatory provisions 15 `2.5C.13 Minor amendments 16 `(1) The Minister may make a minor amendment of a State 17 planning regulatory provision. 18 `(2) If the Minister makes the amendment, the Minister must 19 publish a notice about the making of the amendment-- 20 (a) in the gazette; and 21 (b) at least once in a newspaper circulating in the relevant 22 area. 23 `(3) The notice must state-- 24 (a) the day the amendment was made; and 25 (b) where a copy of the State planning regulatory provision, 26 as amended, may be inspected and purchased. 27 `2.5C.14 Other amendments 28 `The Minister may make an amendment, other than a minor 29 amendment, of a State planning regulatory provision only if 30

 


 

s 155 148 s 155 Urban Land Development Authority Bill 2007 the procedures under division 2 for the making of a State 1 planning regulatory provision have been followed, as if-- 2 (a) a reference in the division to making a State planning 3 regulatory provision were a reference to the making of 4 the amendment; and 5 (b) a reference in the division to a draft State planning 6 regulatory provision were a reference to the 7 amendment; and 8 (c) with other necessary changes. 9 `2.5C.15 Repeals 10 `(1) The Minister may repeal a State planning regulatory provision 11 by publishing a notice in-- 12 (a) the gazette; and 13 (b) a newspaper circulating in the relevant area. 14 `(2) The notice must state-- 15 (a) the name of the State planning regulatory provision 16 being repealed; and 17 (b) the relevant area for the State planning regulatory 18 provision; and 19 (c) that the State planning regulatory provision is repealed. 20 `(3) The repeal has effect on and from-- 21 (a) the day the notice is gazetted; or 22 (b) if a later day for the repeal is stated in the notice--the 23 later day. 24 `(4) The Minister must give each local government whose local 25 government area includes the relevant area a copy of the 26 notice.'. 27 155 Amendment of s 2.6.7 (Matters the Minister must 28 consider before designating land) 29 (1) Section 2.6.7(2)(c) and (d)-- 30 omit, insert-- 31

 


 

s 156 149 s 158 Urban Land Development Authority Bill 2007 `(c) for land in a designated region--the region's regional 1 plan; and 2 (d) for land in a relevant area for a State planning regulatory 3 provision--the provision; and 4 (e) for land in a declared master planned area--any master 5 plans for the area; and 6 (f) each relevant planning scheme.'. 7 (2) Section 2.6.7(3)(e) and (f)-- 8 renumber as section 2.6.7(3)(f) and (g). 9 (3) Section 2.6.7(3)-- 10 insert-- 11 `(e) the process has been carried out under schedule 1A, 12 section 8, for a structure plan for a declared master 13 planned area that includes the community infrastructure; 14 or'. 15 156 Amendment of s 3.1.1 (What is IDAS) 16 Section 3.1.1-- 17 insert-- 18 `Note-- 19 Chapter 2, part 5B, has particular provisions for development 20 applications in declared master planned areas.'. 21 157 Amendment of s 3.1.2 (Development under this Act) 22 Section 3.1.2(3), `To the extent'-- 23 omit, insert-- 24 `Subject to section 2.5B.9, to the extent'. 25 158 Amendment of s 3.1.3 (Code and impact assessment for 26 assessable development) 27 Section 3.1.3(1)-- 28 insert-- 29

 


 

s 159 150 s 161 Urban Land Development Authority Bill 2007 `Note-- 1 See also chapter 2, part 5B (Master planning for particular areas of State 2 interest)'. 3 159 Amendment of s 3.1.4 (When is a development permit 4 necessary) 5 (1) Section 3.1.4(3)(b)-- 6 omit, insert-- 7 `(b) exempt development need not comply with codes, 8 master plans for declared master planned areas or 9 planning instruments, other than a State planning 10 regulatory provision.'. 11 (2) Section 3.1.4(4), after `planning instrument'-- 12 insert-- 13 `, a master plan for a declared master planned area'. 14 160 Amendment of s 3.1.6 (Preliminary approval may override 15 a local planning instrument) 16 Section 3.1.6(1)-- 17 insert-- 18 `Note-- 19 A preliminary approval to which this section applies may be made for a 20 master planned area only if so permitted under the structure plan for the 21 area. See section 2.5B.4 (Restriction on particular development 22 applications in master planned area).'. 23 161 Amendment of s 3.1.8 (Referral agencies for development 24 applications) 25 Section 3.1.8(1)-- 26 insert-- 27 `Note-- 28 For declared master planned areas, see however section 2.5B.64 29 (Exclusion of particular agencies as a referral agency).'. 30

 


 

s 162 151 s 164 Urban Land Development Authority Bill 2007 162 Amendment of s 3.2.1 (Applying for development 1 approval) 2 (1) Section 3.2.1(7)(f) and (10)(b), from `the regulatory 3 provisions'-- 4 omit, insert-- 5 `a State planning regulatory provision.'. 6 (2) Section 3.2.1(7)-- 7 insert-- 8 `Note-- 9 For particular provisions relating to a declared master planned area, see 10 also section 2.5B.65 (Exclusion of particular provisions about making 11 application) and 2.5B.66 (Additional provisions for when application is 12 properly made).'. 13 163 Amendment of s 3.3.15 (Referral agency assesses 14 application) 15 Section 3.3.15(1)(b)(ii)(B)-- 16 omit, insert-- 17 `(B) for the planning scheme of a local 18 government in the relevant area for a State 19 planning regulatory provision--the 20 provision; 21 (C) for the planning scheme of a local 22 government in a designated region--the 23 region's regional plan; and'. 24 164 Amendment of s 3.3.17 (How a concurrence agency may 25 change its response) 26 Section 3.3.17(2), after `amended response'-- 27 insert-- 28 `or the Minister has given the concurrence agency a direction 29 under section 3.6.2'. 30

 


 

s 165 152 s 167 Urban Land Development Authority Bill 2007 165 Amendment of s 3.5.4 (Code assessment) 1 Section 3.5.4(2)(c)(ii)-- 2 omit, insert-- 3 `(ii) for the planning scheme of a local government in 4 the relevant area for a State planning regulatory 5 provision--the provision; and 6 (iii) for the planning scheme of a local government in a 7 designated region--the region's regional plan; 8 and'. 9 166 Amendment of s 3.5.5 (Impact assessment) 10 Section 3.5.5(2)(c)(ii)-- 11 omit, insert-- 12 `(ii) for the planning scheme of a local government in 13 the relevant area for a State planning regulatory 14 provision--the provision; and 15 (iii) for the planning scheme of a local government in a 16 designated region--the region's regional plan; 17 Note-- 18 For declared master planned areas, see also section 19 2.5B.70 (Assessable development requiring impact 20 assessment).'. 21 167 Amendment of s 3.5.5A (Assessment for s 3.1.6 22 preliminary approvals that override a local planning 23 instrument) 24 Section 3.5.5A(2)(e)(ii)-- 25 omit, insert-- 26 (ii) for the planning scheme of a local government in 27 the relevant area for a State planning regulatory 28 provision--the provision; and 29 (iii) for the planning scheme of a local government in a 30 designated region--the region's regional plan;'. 31

 


 

s 168 153 s 170 Urban Land Development Authority Bill 2007 168 Amendment of s 3.5.11 (Decision generally) 1 (1) Section 3.5.11(4A), from `the regulatory provisions'-- 2 omit, insert-- 3 `a State planning regulatory provision.'. 4 (2) Section 3.5.11(6)-- 5 insert-- 6 `Note-- 7 For declared master planned areas, see also section 2.5B.68 (Decision 8 must not be contrary to master plan).'. 9 169 Amendment of s 3.5.13 (Decision if application requires 10 code assessment) 11 Section 3.5.13(3)(b)(ii)-- 12 omit, insert-- 13 `(ii) for the planning scheme of a local government in 14 the relevant area for a State planning regulatory 15 provision--the provision; and 16 (iii) for the planning scheme of a local government in a 17 designated region--the region's regional plan. 18 Note-- 19 For declared master planned areas, see also section 20 2.5B.69 (Assessable development requiring code 21 assessment).'. 22 170 Amendment of s 3.5.14 (Decision if application requires 23 impact assessment) 24 Section 3.5.14(4)(b)-- 25 omit, insert-- 26 `(b) for the planning scheme of a local government in the 27 relevant area for a State planning regulatory 28 provision--the provision; 29 (c) for the planning scheme of a local government in a 30 designated region--the region's regional plan. 31

 


 

s 171 154 s 173 Urban Land Development Authority Bill 2007 Note-- 1 For declared master planned areas, see also section 2.5B.70 (Assessable 2 development requiring impact assessment).'. 3 171 Amendment of s 3.5.14A (Decision if application under 4 s 3.1.6 requires assessment) 5 Section 3.5.14A(2)(c)(ii)-- 6 omit, insert-- 7 `(ii) for the planning scheme of a local government in 8 the relevant area for a State planning regulatory 9 provision--the provision; 10 (iii) for the planning scheme of a local government in a 11 designated region--the region's regional plan.'. 12 172 Amendment of s 3.5.15 (Decision notice) 13 Section 3.5.15(2)(k)(iii)(B)-- 14 omit, insert-- 15 `(B) for the planning scheme of a local 16 government in the relevant area for a State 17 planning regulatory provision--the 18 provision; 19 (C) for the planning scheme of a local 20 government in a designated region--the 21 region's regional plan; 22 Note-- 23 For declared master planned areas, see also section 24 2.5B.71 (Decision notice).'. 25 173 Amendment of s 3.5.17 (Changing conditions and other 26 matters during the applicant's appeal period) 27 Section 3.5.17-- 28 insert-- 29 `(8) If the development approved by the negotiated decision notice 30 is different from the development approved in the decision 31 notice in a way that affects the amount of a regulated State 32

 


 

s 174 155 s 177 Urban Land Development Authority Bill 2007 infrastructure charge, the relevant State infrastructure provider 1 may give the applicant a new regulated State infrastructure 2 charges notice under section 5.3.4 to replace the original 3 notice.'. 4 174 Amendment of s 3.5.20 (When development may start) 5 Section 3.5.20(1)-- 6 insert-- 7 `Note-- 8 For declared master planned areas, see also section 2.5B.72 (Additional 9 restriction on starting of development).'. 10 175 Amendment of s 3.5.27 (Certain approvals to be recorded 11 on planning scheme) 12 Section 3.5.27(2)-- 13 insert-- 14 `Note-- 15 For declared master planned areas, see also section 2.5B.73 (Notation of 16 master plan on planning scheme).'. 17 176 Amendment of s 3.5.31 (Conditions generally) 18 (1) Section 3.5.31-- 19 insert-- 20 `(c) require compliance with an infrastructure agreement 21 relating to the land.'. 22 (2) Section 3.5.31-- 23 insert-- 24 `(2) A condition imposed under subsection (1)(c) is taken to 25 comply with section 3.5.30.'. 26 177 Replacement of ch 3, pt 6, div 1 27 Chapter 3, part 6, division 1-- 28 omit, insert-- 29

 


 

s 177 156 s 177 Urban Land Development Authority Bill 2007 `Division 1 Ministerial directions 1 `3.6.1 Ministerial directions to assessment managers 2 `(1) The Minister may, by written notice, give a direction to an 3 assessment manager for a development application, in any of 4 the following circumstances-- 5 (a) if-- 6 (i) the assessment manager has not decided the 7 application; and 8 (ii) the development involves a State interest; and 9 (iii) the matter the subject of the direction is not within 10 the jurisdiction of a concurrence agency for the 11 application; 12 (b) if the assessment manager has not decided the 13 application by the end of the decision making period, 14 including any extension of the decision making period; 15 (c) if the assessment manager has not made a decision on 16 representations made to the assessment manager under 17 section 3.5.17; 18 (d) if the assessment manager has not otherwise complied 19 with the period for taking an action under IDAS. 20 `(2) The direction may require the assessment manager-- 21 (a) if subsection (1)(a) applies--to take one or more of the 22 following actions-- 23 (i) to refuse the application; 24 (ii) to attach to any development approval the 25 conditions stated in the notice; 26 (iii) to approve only part of the application; 27 (iv) to give a preliminary approval only; 28 (v) for an application for a preliminary approval to 29 which section 3.1.6 applies-- 30 (A) to approve all or some of the variations 31 sought; or 32

 


 

s 177 157 s 177 Urban Land Development Authority Bill 2007 (B) subject to section 3.1.6(3) and (5)--to 1 approve different variations from those 2 sought; or 3 (C) to refuse the variations sought; or 4 (b) if subsection (1)(b) applies--to decide the development 5 application within a stated period of at least 20 business 6 days; or 7 (c) if subsection (1)(c) applies--to decide whether to give a 8 negotiated decision notice within a stated period of at 9 least 20 business days; or 10 (d) if subsection (1)(d) applies--to take the action within 11 the reasonable period stated in the direction. 12 `(3) The notice must state-- 13 (a) the reasons for deciding to give the direction; and 14 (b) for a direction under subsection (2)(a)--the State 15 interest giving rise to the direction. 16 `(4) The Minister must give the applicant and any referral agencies 17 a copy of the notice. 18 `(5) The assessment manager must comply with the direction. 19 `(6) For an appeal under any of sections 4.1.27 to 4.1.29 the 20 Minister's direction under subsection (2)(a) is taken to be a 21 concurrence agency's response and the chief executive is 22 taken to be a co-respondent. 23 `3.6.2 Ministerial directions to concurrence agencies 24 `(1) The Minister may, by written notice, give a direction to a 25 concurrence agency if the Minister is satisfied-- 26 (a) there are inconsistencies between 2 or more concurrence 27 agency responses; or 28 (b) that the concurrence agency's response contains a 29 condition that does not comply with section 3.5.30 or 30 3.5.32; or 31 (c) that the concurrence agency's response is not within the 32 limits of its jurisdiction; or 33

 


 

s 177 158 s 177 Urban Land Development Authority Bill 2007 (d) that the concurrence agency has not assessed an 1 application under the Act; or 2 (e) that the concurrence agency has not complied with the 3 reasonable period for taking an action under IDAS. 4 `(2) The direction may require the concurrence agency-- 5 (a) if subsection (1)(a) applies--to reissue the concurrence 6 agency's response to address the inconsistency; or 7 (b) if subsection (1)(b) applies--to reissue the concurrence 8 agency's response without the condition or with a 9 modified condition; or 10 (c) if subsection (1)(c) applies--to reissue the concurrence 11 agency's response in a stated way to ensure the 12 concurrence agency's response is within the limits of its 13 jurisdiction; or 14 (d) if subsection (1)(d) applies--to reissue the concurrence 15 agency's response in a stated way to ensure the 16 concurrence agency has assessed the application under 17 the Act; or 18 (e) if subsection (1)(e) applies--to take the action within 19 the reasonable period stated in the direction. 20 `(3) The notice must state the reasons for deciding to give the 21 direction. 22 `(4) The Minister must give the assessment manager, the applicant 23 and any other referral agency a copy of the notice. 24 `(5) The concurrence agency must comply with the direction. 25 Note-- 26 If the Minister gives a direction under this section, the concurrence 27 agency may give or amend its response after the end of the assessment 28 period for the application. See section 3.3.17(2). 29 `3.6.3 Ministerial directions to applicants 30 `(1) The Minister may, by written notice, give a direction to an 31 applicant if the applicant has not complied with a stage of 32 IDAS or an aspect of a stage of IDAS. 33

 


 

s 178 159 s 178 Urban Land Development Authority Bill 2007 `(2) The Minister may, by written notice, direct the applicant to, 1 within a stated reasonable period, take stated action relating to 2 the stage or aspect to ensure compliance with IDAS. 3 `(3) The notice must state the reasons for deciding to give the 4 direction. 5 `(4) The notice may also state the point in the IDAS process from 6 which the process must restart. 7 `(5) The Minister must give the assessment manager and the 8 referral agencies a copy of the notice. 9 `(6) The applicant must comply with the direction. 10 `(7) If the direction states the point in the IDAS process from 11 which the process must restart and the applicant complies 12 with the direction, the process must, for the application, 13 restart at that point.'. 14 178 Amendment of s 3.6.7 (Effect of call in) 15 (1) Section 3.6.7(4), `Minister'-- 16 omit, insert-- 17 `Minister for a designated region'. 18 (2) Section 3.6.7(5), (6) and (8), `Minister'-- 19 omit, insert-- 20 `Minister for the designated region'. 21 (3) Section 3.6.7(5)(a) and (b)-- 22 omit, insert-- 23 `(a) publication of a notice under section 2.5A.13 about the 24 designated region's draft regional plan; or 25 (b) publication of a notice under section 2.5A.14 about the 26 designated region's regional plan.'. 27 (4) Section 3.6.7(8), from `to the SEQ regional plan'-- 28 omit, insert-- 29 `designated region's regional plan or a planning scheme 30 amendment reflecting the designated region's regional plan.'. 31

 


 

s 179 160 s 182 Urban Land Development Authority Bill 2007 179 Amendment of s 4.1.21 (Court may make declarations) 1 Section 4.1.21(1)(b), after `planning instruments'-- 2 insert-- 3 `and master plans'. 4 180 Amendment of s 4.1.23 (Costs) 5 (1) Section 4.1.23(2)(g), after `development application'-- 6 insert-- 7 `or master plan application'. 8 (2) Section 4.1.23(2)(g), after `information request'-- 9 insert-- 10 `, or to a request for information for the master plan 11 application'. 12 (3) Section 4.1.23(2)(h) and (i), after `local government'-- 13 insert-- 14 `, or a coordinating agency for a master plan application,'. 15 181 Amendment of s 4.1.26 (Evidence of planning schemes) 16 (1) Section 4.1.26, heading, after `schemes'-- 17 insert-- 18 `or master plans'. 19 (2) Section 4.1.26(1), after `planning scheme'-- 20 insert-- 21 `or master plan'. 22 (3) Section 4.1.26(2), `scheme or part'-- 23 omit, insert-- 24 `scheme or plan, or part of the scheme or plan'. 25 182 Insertion of new s 4.1.30A 26 Chapter 4, part 1, division 9-- 27

 


 

s 183 161 s 183 Urban Land Development Authority Bill 2007 insert-- 1 `4.1.30A Appeals by applicant for approval of a proposed 2 master plan 3 `(1) A person who has applied for an approval of a proposed 4 master plan may appeal to the court against-- 5 (a) the refusal, or the refusal in part, to give the approval; or 6 (b) a matter stated in the notice of decision about the 7 application; or 8 (c) a deemed refusal. 9 `(2) An appeal under subsection (1)(a) or (b) must be started 10 within 20 business days (the applicant's appeal period) after 11 the day the applicant is given the notice of the decision. 12 `(3) An appeal under subsection (1)(c) may be started at any time 13 after the last day a decision on the matter should have been 14 made.'. 15 183 Replacement of s 4.1.36 (Appeals about infrastructure 16 charges) 17 Section 4.1.36-- 18 omit, insert-- 19 `4.1.36 Appeals about particular infrastructure charges 20 `(1) This section applies to a person who has been given, and is 21 dissatisfied with, an infrastructure charges notice or a 22 regulated State infrastructure charges notice. 23 `(2) The person may appeal to the court against the notice. 24 `(3) The appeal must be started within 20 business days after-- 25 (a) if the notice is given because of a development approval 26 or master plan approval--the day the applicant is given 27 notice of the decision about the approval; or 28 (b) otherwise--the day the notice is given to the person. 29 `(4) An appeal under this section may only be about-- 30 (a) whether a charge in the notice is so unreasonable that no 31 reasonable relevant local government, State 32

 


 

s 184 162 s 186 Urban Land Development Authority Bill 2007 infrastructure provider or coordinating agency could 1 have imposed it; or 2 (b) an error in the calculation of the charge. 3 `(5) To remove any doubt, it is declared that an appeal under this 4 section can not be about the methodology used to establish the 5 charge in the relevant infrastructure charges schedule or 6 regulated State infrastructure charges schedule.'. 7 184 Amendment of s 4.1.42 (Notice of appeal to other parties 8 (div 9)) 9 (1) Section 4.1.42(1)(b) to (e)-- 10 renumber as section 4.1.42(1)(f) to (i). 11 (2) Section 4.1.42(1)-- 12 insert-- 13 `(b) if the appeal is under section 4.1.30A--the local 14 government and coordinating agency for the application 15 for approval of the master plan; or 16 (c) if the appeal is under section 4.1.33A--the entity that 17 made the decision about the application to change the 18 conditions; or 19 (d) if the appeal is under section 4.1.33B--the local 20 government; or 21 (e) if the appeal is under section 4.1.36--the entity that 22 gave the notice the subject of the appeal; or'. 23 185 Amendment of s 4.1.43 (Respondent and co-respondents 24 for appeals under div 8) 25 Section 4.1.43(9)(b), `section 3.6.3'-- 26 omit, insert-- 27 `section 3.6.1(1)(a)'. 28 186 Amendment of s 4.1.50 (Who must prove case) 29 (1) Section 4.1.50(1), after `development application'-- 30

 


 

s 187 163 s 188 Urban Land Development Authority Bill 2007 insert-- 1 `, or a person who has applied for approval of a proposed 2 master plan'. 3 (2) Section 4.1.50(4), `4.1.30 or 4.1.31'-- 4 omit, insert-- 5 `4.1.30, 4.1.31, 4.1.33A, 4.1.33B or 4.1.36'. 6 187 Amendment of s 4.1.52 (Appeal by way of hearing anew) 7 (1) Section 4.1.52(2), after `development application'-- 8 insert-- 9 `, or is a person who has applied for approval of a proposed 10 master plan'. 11 (2) Section 4.1.52-- 12 insert-- 13 `(4) Further, if the appellant is a person who has applied for 14 approval of a proposed master plan, the court is not prevented 15 from considering and making a decision about a ground of 16 appeal (based on any coordinating agency's response) merely 17 because this Act required the local government to refuse the 18 application or include conditions in any approval of a master 19 plan.'. 20 188 Amendment of s 4.2.7 (Jurisdiction of tribunals) 21 (1) Section 4.2.7(2)(b)-- 22 renumber as section 4.2.7(2)(c). 23 (2) Section 4.2.7(2)-- 24 insert-- 25 `(b) an error in the calculation of a charge in an 26 infrastructure charges notice or a regulated State 27 infrastructure charges notice; or'. 28

 


 

s 189 164 s 191 Urban Land Development Authority Bill 2007 189 Replacement of s 4.3.5A (Compliance with the SEQ 1 regional plan) 2 Section 4.3.5A-- 3 omit, insert-- 4 `4.3.5A Compliance with State planning regulatory provisions 5 `Subject to chapter 1, part 4, a person must not carry out 6 development in the relevant area for a State planning 7 regulatory provision if the development is contrary to a State 8 planning regulatory provision for the area. 9 Maximum penalty--1665 penalty units. 10 `4.3.5B Compliance with master plans 11 `(1) This section is subject to chapter 1, part 4. 12 `(2) This section does not apply to development carried out on 13 designated land in accordance with the relevant designation. 14 `(3) A person must not carry out development in a declared master 15 planned area if the carrying out of the development is contrary 16 to a master plan for the area. 17 Maximum penalty--1665 penalty units. 18 `(4) A person must not carry out development in a declared master 19 planned area if the structure plan for the area requires that the 20 development can not be carried out in the master planned area 21 until there is a master plan for the development. 22 Maximum penalty--1665 penalty units.'. 23 190 Amendment of s 4.3.6 (General exemption for emergency 24 development or use) 25 Section 4.3.6(1), `Sections 4.3.1, 4.3.3, 4.3.4 and 4.3.5'-- 26 omit, insert-- 27 `Sections 4.3.1 and 4.3.3 to 4.3.5B'. 28 191 Amendment of s 4.3.7 (Giving a false or misleading 29 document) 30 (1) Section 4.3.7(2), after `concurrence agency'-- 31

 


 

s 192 165 s 194 Urban Land Development Authority Bill 2007 insert-- 1 `, or to a local government to which a master plan application 2 has been made,'. 3 (2) Section 4.3.7(3), after `concurrence agency'-- 4 insert-- 5 `or local government'. 6 192 Amendment of s 4.3.13 (Specific requirements of 7 enforcement notice) 8 (1) Section 4.3.13(1)(e) and (2)(a), `or a code-- 9 omit, insert-- 10 `, a code or a master plan'. 11 (2) Section 4.3.13(1)(f), after `development permit'-- 12 insert-- 13 `or make a master plan application'. 14 193 Amendment of s 4.3.16 (Processing application required 15 by enforcement or show cause notice) 16 Section 4.3.16, `preliminary approval or development 17 permit'-- 18 omit, insert-- 19 `preliminary approval or development permit or makes a 20 master plan application'. 21 194 Amendment of s 4.3.20 (Magistrates Court may make 22 orders) 23 (1) Section 4.3.20(3)(d), `or a code'-- 24 omit, insert-- 25 `, a code or a master plan'. 26 (2) Section 4.3.20(3)(e), after `development permit'-- 27 insert-- 28 `or make a master plan application'. 29

 


 

s 195 166 s 197 Urban Land Development Authority Bill 2007 195 Amendment of s 4.4.13 (Evidentiary aids generally) 1 (1) Section 4.4.13(d) and (e)-- 2 renumber as section 4.4.13(e) and (f). 3 (2) Section 4.4.13-- 4 insert-- 5 `(d) on a stated day, or during a stated period-- 6 (i) there was or was not a master plan for stated land 7 or development; or 8 (ii) a stated condition was included in a master plan;'. 9 196 Amendment of s 5.1.1 (Purpose of pt 1) 10 Section 5.1.1-- 11 insert-- 12 `Note-- 13 For declared master planned areas, see also section 2.5B.58 (Modified 14 application of provisions about infrastructure for master plan).'. 15 197 Amendment of s 5.1.5 (Making or amending 16 infrastructure charges schedules) 17 (1) Section 5.1.5(1)(b)-- 18 omit, insert-- 19 `(b) the process stated in schedule 1.'. 20 (2) Section 5.1.5(2)-- 21 omit. 22 (3) Section 5.1.5(3)-- 23 renumber as section 5.1.5(2). 24 (4) Section 5.1.5(4)-- 25 omit, insert-- 26 `(3) The Minister may seek advice or comment from the 27 Queensland Competition Authority about-- 28

 


 

s 198 167 s 200 Urban Land Development Authority Bill 2007 (a) the consideration of State interests under schedule 1, 1 section 11; or 2 (b) another matter relating to an infrastructure charges 3 schedule. 4 `(4) However, the seeking of advice or comment under subsection 5 (3) does not stop the process under schedule 1.'. 6 198 Amendment of s 5.1.15 (Regulated infrastructure charge) 7 Section 5.1.15, `A regulation may prescribe'-- 8 omit, insert-- 9 `A regulation or State planning regulatory provision may 10 provide for'. 11 199 Amendment of s 5.1.16 (Adopting and notifying regulated 12 infrastructure charges schedule) 13 Section 5.1.16(2), `prescribed under section 5.1.15 for the 14 charge'-- 15 omit, insert-- 16 `provided for under a regulation or State planning regulatory 17 provision'. 18 200 Amendment of s 5.2.3 (Matters certain infrastructure 19 agreements must contain) 20 (1) Section 5.2.3, heading-- 21 omit, insert-- 22 `5.2.3 Content of infrastructure agreements'. 23 (2) Section 5.2.3-- 24 insert-- 25 `(2) To remove any doubt, it is declared that an infrastructure 26 agreement may-- 27 (a) include matters that are not within the jurisdiction of a 28 public sector entity that is a party to the agreement; and 29 (b) may relate to-- 30

 


 

s 201 168 s 202 Urban Land Development Authority Bill 2007 (i) the making of a structure plan for a declared master 1 planned area; or 2 (ii) master plans for a master planned area. 3 `(3) However-- 4 (a) if the public sector entity is a local government; and 5 (b) it is proposed to include in the agreement a provision for 6 payment to the local government for making the 7 structure plan; 8 the amount payable must take into account any amounts paid 9 or payable to the local government under chapter 2, part 5B, 10 division 8, for making the structure plan.'. 11 201 Amendment of s 5.2.6 (Exercise of discretion unaffected 12 by infrastructure agreements) 13 Section 5.2.6, from `about'-- 14 omit, insert-- 15 `about-- 16 (a) a structure plan or proposed structure plan; or 17 (b) a master plan or an application for approval of a master 18 plan; or 19 (c) an existing or future development application.'. 20 202 Amendment of s 5.2.7 (Infrastructure agreements prevail 21 if inconsistent with development approval) 22 (1) Section 5.2.7, heading, `development approval'-- 23 omit, insert-- 24 `particular instruments'. 25 (2) Section 5.2.7(1), after `development approval'-- 26 insert-- 27 `or master plan'. 28 (3) Section 5.2.7(2), `or a regulated infrastructure charges 29 notice'-- 30

 


 

s 203 169 s 203 Urban Land Development Authority Bill 2007 omit, insert-- 1 `, a regulated State infrastructure charges notice or a regulated 2 infrastructure charges notice'. 3 203 Insertion of new ch 5, pt 3 4 Chapter 5-- 5 insert-- 6 `Part 3 Funding of State infrastructure 7 in master planned areas 8 `5.3.1 Purpose of pt 3 9 `The purpose of this part is to-- 10 (a) seek to integrate land use and State infrastructure plans 11 for master planned areas; and 12 (b) establish an infrastructure funding framework for State 13 infrastructure in master planned areas; and 14 (c) integrate State infrastructure providers into the 15 framework. 16 Note-- 17 See also section 2.5B.58 (Modified application of provisions about 18 infrastructure for master plan). 19 `5.3.2 Power to make regulated State infrastructure 20 charges schedule for master planned area 21 `(1) A structure plan may include, or a State planning regulatory 22 provision may provide for, a regulated State infrastructure 23 charges schedule for a master planned area. 24 `(2) The Minister may seek advice or comment from the 25 Queensland Competition Authority about a regulated State 26 infrastructure charges schedule for a master planned area. 27 Note-- 28 An SEQ regional plan major development area under chapter 6, part 8, 29 is a master planned area for this section. See section 6.8.8(2). 30

 


 

s 203 170 s 203 Urban Land Development Authority Bill 2007 `5.3.3 Content of regulated State infrastructure charges 1 schedule 2 `(1) A regulated State infrastructure charges schedule for a master 3 planned area must state-- 4 (a) the infrastructure network that services, or is planned to 5 service, the area; and 6 (b) a charge for the supply of the State infrastructure for the 7 area (a regulated State infrastructure charge); and 8 (c) the development for which the charge may be levied. 9 `(2) A regulated State infrastructure charges schedule may also 10 state a matter related to a matter mentioned in subsection (1). 11 `5.3.4 Regulated State infrastructure charges notice 12 `(1) A notice requiring the payment of a regulated State 13 infrastructure charge (a regulated State infrastructure 14 charges notice) must state each of the following-- 15 (a) the amount of the charge; 16 (b) the land to which the charge applies; 17 (c) when the charge is payable; 18 (d) the State infrastructure network for which the charge has 19 been stated. 20 `(2) If the notice is given as a result of a development approval-- 21 (a) the relevant State infrastructure provider must give the 22 notice to the applicant at the same time as the 23 concurrence agency's response is given to the 24 assessment manager; and 25 (b) the charge is not recoverable unless the entitlements 26 under the development approval are exercised; and 27 (c) the notice lapses if the approval stops having effect. 28 `(3) If the notice is not given as a result of a development approval, 29 the relevant State infrastructure provider must give the notice 30 to the owner of the land. 31

 


 

s 203 171 s 203 Urban Land Development Authority Bill 2007 `(4) The amount of a regulated State infrastructure charge must 1 take account of any relevant infrastructure charge for State 2 infrastructure. 3 Example-- 4 an infrastructure charge relating to the local function of State-controlled 5 roads 6 `5.3.5 When regulated State infrastructure charge is 7 payable 8 `A regulated State infrastructure charge is payable by the 9 recipient of the relevant State infrastructure charges notice-- 10 (a) if the charge applies to reconfiguring a lot that is 11 assessable development--before the local government 12 approves the plan of subdivision under chapter 3, part 7; 13 or 14 (b) if the charge applies to building work that is assessable 15 development--before the certificate of classification for 16 the building work is issued; or 17 (c) if the charge applies to a material change of use--before 18 the change of use happens; or 19 (d) otherwise--on the day stated in the regulated State 20 infrastructure charges notice. 21 `5.3.6 Application of regulated State infrastructure charge 22 `A regulated State infrastructure charge levied and collected 23 for a network of State infrastructure must be used to provide 24 infrastructure for the network. 25 `5.3.7 Accounting for regulated State infrastructure charges 26 `To remove any doubt, it is declared that a regulated State 27 infrastructure charge levied and collected by a State 28 infrastructure provider need not be held in trust. 29

 


 

s 203 172 s 203 Urban Land Development Authority Bill 2007 `5.3.8 Infrastructure agreements about, and alternatives 1 to paying regulated State infrastructure charges 2 `Despite sections 5.3.4 and 5.3.5, a person to whom a 3 regulated State infrastructure charges notice has been given 4 and the State infrastructure provider may enter into an 5 infrastructure agreement for the charge, including, for 6 example, that-- 7 (a) the charge may be paid at a different time from the time 8 stated in the notice, and whether it may be paid by 9 instalments; or 10 (b) whether the State infrastructure may be supplied instead 11 of paying all or part of the charge; or 12 (c) land in fee simple may be given instead of paying the 13 charge or part of the charge; or 14 (d) other infrastructure, or contributions to other 15 infrastructure, may be provided instead of paying the 16 charge or part of the charge. 17 `5.3.9 Recovery of regulated State infrastructure charges 18 `(1) A regulated State infrastructure charge is a charge in favour of 19 the State on the land to which the charge applies. 20 `(2) The Local Government Act 1993, section 1018 and chapter 21 14, part 7, apply for the charge-- 22 (a) as if it were a rate under that Act; and 23 (b) as if a reference in the provisions to an overdue rate 24 were a reference to the charge; and 25 (c) as if a reference in the provisions to a local government 26 were a reference to the State; and 27 (d) as if a reference in the provisions to the chief executive 28 officer of a local government were a reference to the 29 executive officer of the State infrastructure provider that 30 gave the relevant regulated State infrastructure charges 31 notice; and 32 (e) with other necessary changes.'. 33

 


 

s 204 173 s 206 Urban Land Development Authority Bill 2007 Editor's note-- 1 Local Government Act 1993, section 1018 (Overdue rates may bear 2 interest) and chapter 14, part 7 (Recovery of rates) 3 204 Amendment of s 5.4.4 (Limitations on compensation 4 under ss 5.4.2 and 5.4.3) 5 Section 5.4.4(1)-- 6 insert-- 7 `(i) is about any of the matters comprising a structure plan 8 for a declared master planned area.'. 9 205 Amendment of s 5.5.1 (Local government may take or 10 purchase land) 11 (1) Section 5.5.1(1)(a), after `planning scheme'-- 12 insert-- 13 `or to achieve any of the outcomes in a structure plan made by 14 the local government'. 15 (2) Section 5.5.1(1)(b), `a decision notice has been given for a 16 development application'-- 17 omit, insert-- 18 `a development approval or master plan has taken effect'. 19 (3) Section 5.5.1(b)(i), after `development'-- 20 insert-- 21 `the subject of the development approval or master plan'. 22 (4) Section 5.5.1(1)(b)(ii), after `applicant'-- 23 insert-- 24 `for the development approval or the approval of the master 25 plan'. 26 206 Amendment of s 5.7.2 (Documents local government 27 must keep available for inspection and purchase) 28 (1) Section 5.7.2(1)(c), after `schedule 1, section 16'-- 29

 


 

s 207 174 s 207 Urban Land Development Authority Bill 2007 insert-- 1 `or schedule 1A, section 13'. 2 (2) Section 5.7.2(1)(m)-- 3 omit, insert-- 4 `(m) for each local government in the relevant area for a State 5 planning regulatory provision--a copy of the provision; 6 (ma) for a local government in a designated region--a copy 7 of the region's regional plan; 8 (mb) each master planned area declaration for its planning 9 scheme area; 10 (mc) each master plan for declared master planned areas in its 11 planning scheme area;' 12 207 Amendment of s 5.7.3 (Documents local government 13 must keep available for inspection only) 14 (1) Section 5.7.3-- 15 insert-- 16 `(c) a register of all master plan applications made to the 17 local government.'. 18 (2) Section 5.7.3-- 19 insert-- 20 `(2) However, subsection 1(c) does not apply for a master plan 21 application until-- 22 (a) the application is withdrawn or lapses; or 23 (b) if paragraph (a) does not apply--the end of the last 24 period during which an appeal may be made against a 25 decision on the application. 26 Note-- 27 For access to master plan applications until subsection (1)(c) applies, 28 see section 2.5B.57 (Public scrutiny of application and related material). 29 `(3) The register must include the following for each master plan 30 application-- 31 (a) a property description of the master planning unit; 32

 


 

s 208 175 s 209 Urban Land Development Authority Bill 2007 (b) the type of master plan applied for; 1 (c) the names of any coordinating agency and participating 2 agencies; 3 (d) whether the application was withdrawn, lapsed or 4 decided; 5 (e) if the application was decided, the following-- 6 (i) the day the decision was made; 7 (ii) whether the proposed master plan was approved, 8 approved with the inclusion of conditions or 9 refused; 10 (iii) if the proposed master plan was approved, whether 11 coordinating agency conditions were included in 12 the plan, and if so, the coordinating agency's name; 13 (iv) whether a negotiated notice was also given for the 14 application. 15 `(4) The register may be in hard copy or electronic form.'. 16 208 Amendment of s 5.7.6 (Documents chief executive must 17 keep available for inspection and purchase) 18 Section 5.7.6(1)(fa)-- 19 omit, insert-- 20 `(fa) each State planning regulatory provision; 21 (fb) the regional plan for each designated region; 22 (fc) master planned area declarations;'. 23 209 Amendment of s 5.7.9 (Limited planning and 24 development certificates) 25 Section 5.7.9(b), `regulatory provisions or the draft regulatory 26 provisions'-- 27 omit, insert-- 28 `State planning regulatory provisions'. 29

 


 

s 210 176 s 211 Urban Land Development Authority Bill 2007 210 Amendment of s 5.7.10 (Standard planning and 1 development certificates) 2 (1) After section 5.7.10(1)(aa)-- 3 insert-- 4 `(aab)a copy of each master plan applying to the premises; 5 (aac) a copy of every notice of decision or negotiated notice 6 about a master plan application for a master plan in 7 force for the planning scheme area for the premises;'. 8 (2) Section 5.7.10(1)(c), after `development approval'-- 9 insert-- 10 `or a condition included in the master plan'. 11 (3) Section 5.7.10(1)(e), after `party'-- 12 insert-- 13 `or that it has received a copy of under section 5.2.4'. 14 (4) Section 5.7.10(1)(f), after `schedule 1, section 16'-- 15 insert-- 16 `or schedule 1A, section 13'. 17 (5) Section 5.7.10(1)(aa) to (f), as amended-- 18 renumber as section 5.7.10(1)(b) to (j). 19 211 Amendment of s 5.7.11 (Full planning and development 20 certificates) 21 (1) Section 5.7.11(1)(b) and (c)-- 22 renumber as section 5.7.11(1)(c) and (d). 23 (2) Section 5.7.11(1)-- 24 insert-- 25 `(b) if there is a master plan that applies to the premises that 26 includes conditions, including conditions of a type 27 mentioned in paragraph (a)--a statement about the 28 fulfilment or non-fulfilment of each condition, at a 29 stated day after the day the certificate was applied for;'. 30

 


 

s 212 177 s 215 Urban Land Development Authority Bill 2007 212 Amendment of s 5.8.1 (When EIS process applies) 1 Section 5.8.1-- 2 insert-- 3 `(c) or is proposed to be, the subject of a master plan 4 application.'. 5 213 Amendment of s 5.8.2 (Purpose of EIS process) 6 (1) Section 5.8.2(g) and (h)-- 7 renumber as section 5.8.2(h) and (i). 8 (2) Section 5.8.2-- 9 insert-- 10 `(g) for development under section 5.8.1(c)--to help the 11 local government and any coordinating agency and 12 participating agency to make an informed decision on 13 the master plan application;'. 14 214 Amendment of s 5.8.3 (Applying for terms of reference) 15 Section 5.8.3(4)-- 16 omit, insert-- 17 `(4) If an applicant proposes to make 1 or more master plan 18 applications for the development, the EIS must be prepared 19 for the first of the applications. 20 `(5) Despite subsections (3) and (4), if the chief executive agrees 21 that the EIS can be prepared for a stated later application, the 22 EIS must be prepared for that application.'. 23 215 Amendment of s 5.8.4 (Draft terms of reference for EIS) 24 (1) Section 5.8.4(1)(c), `section 5.8.13(b) and (c)'-- 25 omit, insert-- 26 `section 5.8.13(b), (c) and (d)'. 27 (2) Section 5.8.4(9)-- 28 insert-- 29

 


 

s 216 178 s 219 Urban Land Development Authority Bill 2007 `(c) for development that is, or is proposed to be, the subject 1 of a master plan application--any coordinating agency.'. 2 216 Amendment of s 5.8.5 (Terms of reference for EIS) 3 Section 5.8.5(5)-- 4 insert-- 5 `(c) to the extent the development for which the terms of 6 reference have been prepared is, or is proposed to be, the 7 subject of a master plan application--to the local 8 government and any coordinating agency.'. 9 217 Amendment of s 5.8.7 (Public notification of draft EIS) 10 Section 5.8.7(1)-- 11 insert-- 12 `(d) to the extent the development for which the EIS has 13 been prepared is, or is proposed to be, the subject of a 14 master plan application--give a copy of the draft EIS to 15 the local government and any coordinating agency.'. 16 218 Amendment of s 5.8.9 (Chief executive evaluates draft 17 EIS, submissions and other relevant material) 18 Section 5.8.9(1), `section 5.8.13(b) and (c)'-- 19 omit, insert-- 20 `section 5.8.13(b), (c) and (d)'. 21 219 Amendment of s 5.8.13 (Who the chief executive must 22 give EIS and other material to) 23 (1) Section 5.8.13(d)-- 24 renumber as section 5.8.13(e). 25 (2) Section 5.8.13-- 26 insert-- 27 `(d) to the extent the development for which the EIS has 28 been prepared is, or is proposed to be, the subject of a 29

 


 

s 220 179 s 223 Urban Land Development Authority Bill 2007 master plan application--the local government and any 1 coordinating agency; and'. 2 220 Amendment of s 5.9.9 (Chief executive may issue 3 guidelines) 4 (1) Section 5.9.9(1)(d)(ii) and (iii)-- 5 renumber as section 5.9.9(1)(d)(iii) and (iv). 6 (2) Section 5.9.9(1)(d)-- 7 insert-- 8 `(ii) schedule 1A, section 17(b);'. 9 221 Amendment of s 6.1.29 (Assessing applications (other 10 than against the building assessment provisions)) 11 Section 6.1.29(3)(f), `repealed Act;'-- 12 omit, insert-- 13 `repealed Act; 14 Editor's note-- 15 For regional plans, see also sections 6.4.1 and 6.8.10.'. 16 222 Amendment of s 6.1.30 (Deciding applications (other than 17 under the building assessment provisions)) 18 Section 6.1.30(6)(b), `refused.'-- 19 omit, insert-- 20 `refused. 21 Editor's note-- 22 For regional plans, see also sections 6.4.1 and 6.8.10.'. 23 223 Amendment of s 6.1.45A (Development control plans 24 under repealed Act) 25 Section 6.1.45A(6), `plan.'-- 26 omit, insert-- 27 `plan. 28

 


 

s 224 180 s 224 Urban Land Development Authority Bill 2007 Editor's note-- 1 For structure plans and master plans for development control plans, see 2 also section 6.8.12 (Transition of validated planning documents to 3 master planning documents).'. 4 224 Insertion of new ch 6, pt 8 5 Chapter 6-- 6 insert-- 7 `Part 8 Transitional provisions for 8 Urban Land Development 9 Authority Act 2007 10 `Division 1 Provisions for SEQ regional plan 11 `6.8.1 Definitions for div 1 12 `In this division-- 13 amendment includes replacement. 14 commencement means the commencement of this section. 15 former, for a provision mentioned in this division, means the 16 provision to which the reference relates is a provision of this 17 Act as in force before the commencement. 18 new, for a provision mentioned in this division, means the 19 provision to which the reference relates is a provision of this 20 Act as in force from the commencement. 21 regulatory provisions means regulatory provisions under 22 former section 2.5A.12. 23 SEQ region means the area, including the area of any 24 Queensland waters, that comprised the SEQ region under 25 former section 2.5A.2 immediately before the date of assent 26 of the Urban Land Development Authority Act 2007. 27 SEQ regional plan means the instrument made by the 28 regional planning Minister under former section 2.5A.15(2) in 29 existence under this Act immediately before the date of assent 30 of the Urban Land Development Authority Act 2007. 31

 


 

s 224 181 s 224 Urban Land Development Authority Bill 2007 SEQ regional plan local growth management strategy means 1 a local growth management strategy under former section 2 2.5A.20(5). 3 SEQ regional plan major development area means an area 4 mentioned in former section 2.5A.20(5), definition major 5 development area, identified or purportedly identified under 6 that provision at any time before the commencement. 7 SEQ regional plan structure plan means a structure plan 8 under former section 2.5A.20(5). 9 `6.8.2 SEQ region becomes a designated region 10 `(1) The SEQ region is, from the commencement, taken to be a 11 designated region under new section 2.5A.2, with the name 12 SEQ region, as if it has been prescribed under a regulation 13 made under that section. 14 `(2) Subsection (1) does not prevent the amendment of the 15 designated region, under new section 2.5A.2. 16 `6.8.3 SEQ regional plan becomes the regional plan for 17 the SEQ region 18 `(1) The SEQ regional plan is, from the commencement, taken to 19 be the regional plan for the SEQ region as a designated region. 20 `(2) To remove any doubt, it is declared that the regional plan 21 continues to be a statutory instrument under the Statutory 22 Instruments Act 1992. 23 `(3) Subsection (1) does not prevent the amendment of the 24 regional plan, under new chapter 2, part 5A, division 5. 25 `6.8.4 Regulatory provisions included in SEQ regional plan 26 become State planning regulatory provisions 27 `(1) The regulatory provisions included in the SEQ regional plan 28 are, from the commencement, taken to be State planning 29 regulatory provisions for the SEQ region. 30 `(2) Subsection (1) does not prevent the amendment of the State 31 planning regulatory provisions for the SEQ region, under new 32 chapter 2, part 5C, division 4. 33

 


 

s 224 182 s 224 Urban Land Development Authority Bill 2007 `6.8.5 References in SEQ regional plan and regulatory 1 provisions 2 `(1) This section applies to a reference in the SEQ regional plan or 3 the regulatory provisions to-- 4 (a) a local growth management strategy; or 5 (b) a major development area; or 6 (c) a structure plan. 7 `(2) From the commencement-- 8 (a) a reference to a local growth management strategy is 9 taken to be a reference to an SEQ regional plan local 10 growth management strategy; and 11 (b) a reference to a major development area is taken to be a 12 reference to an SEQ regional plan major development 13 area; and 14 (c) a reference to a structure plan is taken to be a reference 15 to an SEQ regional plan structure plan. 16 `6.8.6 Local growth management strategy 17 `An SEQ regional plan local growth management strategy 18 may be included in the regional plan for the SEQ region, using 19 the process under new section 2.5A.18. 20 `6.8.7 Structure plan 21 `(1) This section applies to a local government whose local 22 government area is in the SEQ region if-- 23 (a) the local government has resolved to prepare an SEQ 24 regional plan structure plan-- 25 (i) before the commencement; or 26 (ii) if the regional planning Minister for the SEQ 27 region and the Minister approve the preparation of 28 the plan--after the commencement; and 29 (b) the local government has prepared the plan; and 30 (c) the regional planning Minister has approved the plan. 31

 


 

s 224 183 s 224 Urban Land Development Authority Bill 2007 `(2) The Minister must, under schedule 1, section 18, advise the 1 local government that it may-- 2 (a) adopt the plan as an amendment of its planning scheme; 3 or 4 (b) adopt the plan as an amendment of its planning scheme, 5 but subject to compliance with conditions the Minister 6 may impose about the content of the proposed 7 amendment of its planning scheme. 8 `(3) If the local government adopts the plan as an amendment of 9 its planning scheme, section 5.4.4(1)(i) applies to the 10 amendment as if it were about a matter consisting of a 11 structure plan for a declared master planned area. 12 `6.8.8 Major development areas 13 `(1) From the commencement, the regional planning Minister for 14 the SEQ region may, in a written notice to a relevant local 15 government, identify an SEQ regional plan major 16 development area in the SEQ region. 17 `(2) An SEQ regional plan major development area is taken to be a 18 master planned area identified under section 2.5B.1, but it is 19 not a declared master planned area. 20 `(3) In this section-- 21 relevant local government means a local government whose 22 local government area is in the SEQ region. 23 `6.8.9 Existing SEQ regional coordination committee 24 `The SEQ regional coordination committee established under 25 former section 2.5A.3 is, from the commencement, taken to 26 be the regional coordination committee for the SEQ region. 27 `6.8.10 Effect of regional plan for assessing and deciding 28 applications under transitional planning schemes 29 `(1) Subsections (2) and (3) apply-- 30 (a) for development on premises in a designated region 31 other than the SEQ region; and 32

 


 

s 224 184 s 224 Urban Land Development Authority Bill 2007 (b) for the purposes of assessing a development application 1 to which section 6.1.29 applies. 2 Note-- 3 For assessing a development application to which section 6.1.29 applies 4 for development on premises in the SEQ region, see section 6.4.1. 5 `(2) In addition to the matters mentioned in section 6.1.29(3), the 6 designated region's regional plan also applies for assessing 7 the application. 8 `(3) To the extent of any inconsistency between the designated 9 region's regional plan and a matter stated in section 6.1.29(3), 10 the regional plan prevails. 11 `(4) A requirement under section 6.1.30 to refuse a development 12 application because the application conflicts with any relevant 13 strategic plan or development control plan under a transitional 14 planning scheme applies only to the extent the requirement is 15 consistent with the designated region's regional plan. 16 `Division 2 Provisions for chapter 2, part 5B 17 `6.8.11 Master plans prevail over conditions of rezoning 18 approvals under repealed Act 19 `A master plan under this Act prevails, to the extent the plan is 20 inconsistent with a condition-- 21 (a) of an approval given under section 4.4(5) of the repealed 22 Act; or 23 (b) decided under section 2.19(3) of the repealed Act. 24 `6.8.12 Transition of validated planning documents to master 25 planning documents 26 `(1) This section applies to a development control plan, 27 transitional planning scheme, transitional planning scheme 28 policy or other plan (the validated planning document) to 29 which section 6.1.45A applies. 30 `(2) A State planning regulatory provision (the transitional 31 regulatory provision) may provide for-- 32

 


 

s 224 185 s 224 Urban Land Development Authority Bill 2007 (a) the transition of the validated planning document to a 1 structure plan for a declared master planned area, and a 2 master plan or master plans for the area; and 3 (a) any other matter related to the transition. 4 `(3) Without limiting subsection (2), the transitional regulatory 5 provision may provide for all or any of the following-- 6 (a) the identification of the master planned area for the 7 structure plan; 8 (b) how the structure plan is made; 9 (c) how master plans for the identified master planned area 10 are made, with or without approval; 11 (d) infrastructure agreements relating to the identified 12 master planned area. 13 `(4) If the transition mentioned in subsection (2)(a) is made under 14 the transitional regulatory provision-- 15 (a) the validated planning document ceases to have effect to 16 the extent provided for under the provision; and 17 (b) section 6.1.45A ceases to apply for the validated 18 planning document. 19 `(5) This section applies despite chapter 2 and section 6.1.45A to 20 the extent provided for under the transitional regulatory 21 provision. 22 `(6) However, on the making of the transition, this Act applies to 23 the structure plan, the master planned area and any master 24 plan made under the transitional regulatory provision as if 25 they had been made under chapter 2, part 5B. 26 `(7) Section 2.5C(7)(2) applies to a transitional regulatory 27 provision.'. 28 `Division 3 Miscellaneous provision 29 `6.8.13 Rezoning agreements under previous Acts 30 `(1) This section applies to an agreement made for securing the 31 conditions of a rezoning approval if the conditions did not 32

 


 

s 225 186 s 225 Urban Land Development Authority Bill 2007 attach to the land, the subject of the approval, and bind 1 successors in title. 2 `(2) To the extent the agreement was validly made, still has effect 3 and is not inconsistent with a master plan, nothing in the 4 repealed Act or this Act affects the agreement. 5 `(3) If-- 6 (a) a coordinating agency or the local government is 7 proposing to include a condition about infrastructure in 8 a proposed master plan; or 9 (b) a local government is fixing an infrastructure charge 10 under chapter 5, part 1; or 11 (c) a coordinating agency or State infrastructure provider is 12 giving a regulated State infrastructure charges notice; 13 any amount relating to infrastructure that has been paid, or is 14 payable, under the agreement must be taken into account.'. 15 225 Amendment of sch 1 (Process for making or amending 16 planning schemes) 17 (1) Schedule 1, section 3(2)(c)-- 18 omit, insert-- 19 `(c) if the local government is in a designated region--state 20 how the local government anticipates the planning 21 scheme will reflect the region's regional plan.'. 22 (2) Schedule 1, section 8A(1), after `scheme'-- 23 insert-- 24 `or infrastructure charges schedule'. 25 (3) Schedule 1, section 10(1)(b)(ii)-- 26 omit, insert-- 27 `(ii) if the local government is in a designated 28 region--the region's regional plan;'. 29 (4) Schedule 1, section 10(1)(b)-- 30 insert-- 31

 


 

s 226 187 s 226 Urban Land Development Authority Bill 2007 `(v) an infrastructure charges schedule associated with 1 a priority infrastructure plan included in the 2 planning scheme.'. 3 (5) Schedule 1, section 18(5)(b), before `the following'-- 4 insert-- 5 `each of'. 6 (6) Schedule 1, section 18(5)(b)(ii)-- 7 omit, insert-- 8 `(ii) if the local government is in a designated 9 region--the region's regional plan.'. 10 226 Insertion of new sch 1A 11 After schedule 1-- 12 insert-- 13 `Schedule 1A Process for amending planning 14 scheme to include a structure 15 plan 16 section 2.5B.10 17 `Part 1 Making of structure plan 18 amendment 19 `1 Master planning process 20 `(1) The local government must carry out the master planning 21 required to make a structure plan for a declared master 22 planned area. 23 `(2) A participating agency must, within the limits of the laws it 24 administers and the policies that are reasonably identifiable as 25 policies it applies, participate in the master planning carried 26 out by the local government to make a structure plan for a 27 declared master planned area. 28

 


 

s 226 188 s 226 Urban Land Development Authority Bill 2007 `(3) The coordinating agency must coordinate the involvement of 1 the participating agencies in the master planning process 2 required to make a structure plan for a declared master 3 planned area. 4 `(4) The local government and the coordinating agency must agree 5 on the proposed structure plan. 6 `(5) If the local government, a participating agency or the 7 coordinating agency can not agree on a matter mentioned in 8 subsections (1) to (4), the Minister must-- 9 (a) establish a committee to prepare a report on the matter 10 and having considered the report, decide the matter; or 11 (b) having considered the written views of the parties, 12 decide the matter. 13 `2 Proposing a structure plan 14 `(1) If the local government and the coordinating agency have 15 agreed on the proposed structure plan, the local government 16 must propose an amendment of its planning scheme to include 17 the proposed structure plan. 18 `(2) If the local government has proposed an amendment of its 19 planning scheme to include the proposed structure plan under 20 subsection (1), the local government must give the Minister a 21 copy of the proposed amendment to its planning scheme 22 including the proposed structure plan (the structure plan 23 amendment). 24 `Part 2 Consideration of State 25 interests and consultation 26 stage 27 `3 Considering proposed structure plan amendment for 28 adverse effects on State interests 29 `(1) On receiving the copy of the structure plan amendment, under 30 section 2(2), the Minister must consider whether or not State 31

 


 

s 226 189 s 226 Urban Land Development Authority Bill 2007 interests would be adversely affected by the proposed 1 structure plan amendment. 2 `(2) The Minister must advise the local government, having regard 3 to the Minister's consideration under subsection (1), that it 4 may start consultation on the proposed structure plan 5 amendment on conditions the Minister believes appropriate. 6 `(3) Before starting consultation on the proposed structure plan 7 amendment, the local government must comply with any 8 condition imposed by the Minister under subsection (2). 9 `4 Consultation on the proposed structure plan 10 amendment 11 `If the Minister advises the local government that it may start 12 consultation on the proposed structure plan amendment under 13 section 3(2)-- 14 (a) the local government must start consultation with the 15 significant landowners and stakeholders of the relevant 16 master planned area for the proposed structure plan 17 amendment; and 18 (b) the local government may prepare and negotiate a local 19 infrastructure agreement with the significant landowners 20 and stakeholders of the relevant master planned area; 21 and 22 (c) the coordinating agency may prepare and negotiate a 23 State infrastructure agreement with the significant 24 landowners and stakeholders of the relevant master 25 planned area. 26 `5 Resolution of conflict 27 `(1) If the parties can not agree on the matters mentioned in 28 section 4, the Minister must-- 29 (a) establish a committee to prepare a report on the matters 30 or obtain the written views of the parties; and 31 (b) having considered the written report or views of the 32 parties, decide-- 33

 


 

s 226 190 s 226 Urban Land Development Authority Bill 2007 (i) whether to extend the period during which 1 consultation must take place; or 2 (ii) that the consultation process ends and that the local 3 government, participating agencies and the 4 coordinating agency must re-start the master 5 planning process; or 6 (iii) that the structure plan preparation process ends and 7 that the declaration for the master planned area be 8 repealed. 9 `(2) The Minister's decision must not be contrary to any relevant 10 law. 11 `Part 3 Consideration of State 12 interests and notification stage 13 `6 Decision on proceeding with proposed structure plan 14 amendment 15 `(1) Following consultation on the proposed structure plan 16 amendment under section 4-- 17 (a) the local government must decide whether to-- 18 (i) proceed with the proposed structure plan 19 amendment and any local infrastructure 20 agreement; or 21 (ii) decide not to proceed with the proposed structure 22 plan amendment and any local infrastructure 23 agreement; and 24 (b) the coordinating agency must decide whether to-- 25 (i) proceed with the proposed structure plan 26 amendment and any State infrastructure 27 agreement; or 28 (ii) decide not to proceed with the proposed structure 29 plan amendment and any State infrastructure 30 agreement. 31

 


 

s 226 191 s 226 Urban Land Development Authority Bill 2007 `(2) If the local government and the coordinating agency decide to 1 proceed with the proposed structure plan amendment and any 2 local infrastructure agreement and any State infrastructure 3 agreement, the local government must give the Minister a 4 copy of the proposed structure plan amendment, any local 5 infrastructure agreement and any State infrastructure 6 agreement. 7 `7 Reconsidering proposed structure plan amendment 8 for adverse effects on State interests 9 `(1) On receiving a copy of the proposed structure plan 10 amendment under section 6(2), the Minister must consider 11 whether or not State interests would be adversely affected by 12 the proposed structure plan amendment, any local 13 infrastructure agreement or any State infrastructure 14 agreement. 15 `(2) The Minister must advise the local government, having regard 16 to the Minister's consideration under subsection (1) that it 17 may notify the proposed structure plan amendment, any local 18 infrastructure agreement and any State infrastructure 19 agreement on the conditions the Minister believes appropriate. 20 `(3) Before giving notice of the proposed structure plan 21 amendment, any local infrastructure agreement and any State 22 infrastructure agreement, the local government must comply 23 with any condition imposed by the Minister under subsection 24 (2). 25 `8 Public notice of, and access to, proposed structure 26 plan amendment 27 `(1) If the Minister advises the local government that it may give 28 notice of the proposed structure plan amendment, any local 29 infrastructure agreement and any State infrastructure 30 agreement under section 7(2), the local government must 31 publish, at least once in a newspaper circulating in the local 32 government's area, a notice stating the following-- 33 (a) the name of the local government; 34

 


 

s 226 192 s 226 Urban Land Development Authority Bill 2007 (b) the purpose and general effect of the proposed structure 1 plan amendment, any local infrastructure agreement and 2 any State infrastructure agreement; 3 (c) a description of the land or area to which the proposed 4 structure plan amendment, any local infrastructure 5 agreement and any State infrastructure agreement is 6 intended to apply; 7 (d) a contact telephone number for information about the 8 proposed structure plan amendment, any local 9 infrastructure agreement and any State infrastructure 10 agreement; 11 (e) that the proposed structure plan amendment, any local 12 infrastructure agreement and any State infrastructure 13 agreement are available for inspection and purchase; 14 (f) that written submissions about any aspect of the 15 proposed structure plan amendment, any local 16 infrastructure agreement and any State infrastructure 17 agreement may be made to the local government by any 18 person; 19 (g) the period (the consultation period) during which the 20 submissions may be made; 21 (h) the requirements for making a properly made 22 submission under this part. 23 `(2) The consultation period must extend for at least 30 business 24 days after the first publication of the notice under subsection 25 (1). 26 `(3) For all of the consultation period, the local government must 27 display a copy of the notice in a conspicuous place in the local 28 government's public office. 29 `9 Public access to proposed structure plan 30 amendment 31 `For all of the consultation period, the local government must 32 have a copy of the proposed structure plan amendment, any 33 local infrastructure agreement and any State infrastructure 34 agreement available for inspection and purchase. 35

 


 

s 226 193 s 226 Urban Land Development Authority Bill 2007 `10 Consideration of submissions 1 `The local government must consider properly made 2 submissions about the proposed structure plan amendment, 3 any local infrastructure agreement and any State infrastructure 4 agreement. 5 `11 Minimum notification requirements for consultation 6 `Sections 8, 9 and 10 state the minimum requirements for 7 notification to the public about the proposed structure plan 8 amendment, any local infrastructure agreement and any State 9 infrastructure agreement, but are not intended to prevent 10 additional notification. 11 `12 Reporting to persons who made submissions about 12 proposed structure plan amendment 13 `(1) This section applies if the local government receives properly 14 made submissions about the proposed structure plan 15 amendment, any local infrastructure agreement and any State 16 infrastructure agreement and proceeds under section 13(1)(a) 17 or the local government does not proceed under section 18 13(1)(b). 19 `(2) The local government must prepare a report explaining in 20 general terms how it has dealt with the submissions received 21 and give to the principal submitter of each properly made 22 submission-- 23 (a) a copy of the report; or 24 (b) a copy of the part of the report relating to the matter 25 about which the submission was made. 26 `Part 4 Adoption stage 27

 


 

s 226 194 s 226 Urban Land Development Authority Bill 2007 `13 Decision on proceeding with proposed structure plan 1 amendment 2 `(1) Following notice of the proposed structure plan amendment, 3 any local infrastructure agreement and any State infrastructure 4 agreement under section 7-- 5 (a) the local government must decide whether to-- 6 (i) proceed with the proposed structure plan 7 amendment, any local infrastructure agreement and 8 a report under section 12 about submissions on the 9 proposed amendment (a submissions report); or 10 (ii) decide not to proceed with the proposed structure 11 plan amendment, any local infrastructure 12 agreement and a submissions report; and 13 (b) the coordinating agency must decide whether to-- 14 (i) proceed with the proposed structure plan 15 amendment and any State infrastructure 16 agreement; or 17 (ii) decide not to proceed with the proposed structure 18 plan amendment and any State infrastructure 19 agreement. 20 `(2) If the local government and the coordinating agency decide to 21 proceed as mentioned in subsection (1)(a)(i) and (b)(i), the 22 local government must give the Minister a copy of-- 23 (a) the proposed structure plan amendment; and 24 (b) any local infrastructure agreement; and 25 (c) any State infrastructure agreement; and 26 (d) the submissions report. 27 `14 Reconsidering proposed structure plan amendment 28 for adverse affects on State interests 29 `(1) On receiving the copy of the proposed structure plan 30 amendment under section 13(2), the Minister must consider 31 whether or not State interests would be adversely affected by 32 the proposed structure plan amendment, any local 33 infrastructure agreement and any State infrastructure 34 agreement. 35

 


 

s 226 195 s 226 Urban Land Development Authority Bill 2007 `(2) The Minister must advise the local government, having regard 1 to the Minister's consideration under subsection (1) that it 2 may-- 3 (a) adopt the proposed structure plan amendment; or 4 (b) adopt the proposed structure plan amendment, but 5 subject to compliance with conditions the Minister 6 believes appropriate. 7 `(3) Subsection (4) applies if the Minister-- 8 (a) advises the local government under subsection (2); and 9 (b) is satisfied the following are appropriately reflected in 10 the proposed structure plan amendment-- 11 (i) State planning policies or parts of State planning 12 policies; 13 (ii) for a proposed structure plan amendment by a local 14 government in the SEQ region--the regional plan 15 for the SEQ region. 16 `(4) The Minister must also advise the local government that the 17 Minister is satisfied under subsection (3)(b). 18 `(5) Before adopting the proposed structure plan amendment, the 19 local government must-- 20 (a) comply with any condition imposed under subsection 21 (2)(b); and 22 (b) state in the proposed structure plan amendment details 23 of the advice given by the Minister under subsection (4). 24 `15 Adopting proposed structure plan amendment 25 `(1) If a local government proposes a structure plan amendment 26 under section 2, the local government must-- 27 (a) if it has complied with all of the provisions of parts 2 28 and 3 that it must comply with to make a proposed 29 structure plan amendment and has the Minister's advice 30 under section 14(2) that it may adopt the 31 amendment--adopt the proposed structure plan 32 amendment; or 33

 


 

s 226 196 s 226 Urban Land Development Authority Bill 2007 (b) decide not to proceed with the proposed structure plan 1 amendment. 2 `(2) If the local government decides not to proceed with the 3 proposed structure plan amendment, it must, as soon as 4 practicable after making the decision publish, at least once in 5 both a newspaper circulating in the local government's area 6 and in the gazette, a notice stating-- 7 (a) the name of the local government; and 8 (b) that the local government has decided not to proceed 9 with the proposed structure plan amendment; and 10 (c) the reasons for the decision. 11 `(3) On the last day the local government publishes the notice, or 12 as soon as practicable after that day, the local government 13 must give the chief executive a copy of the notice. 14 `16 Public notice of adoption of, and access to, structure 15 plan amendment 16 `As soon as practicable after the proposed structure plan 17 amendment has been adopted, the local government must 18 publish, at least once in both a newspaper circulating in the 19 local government's area and in the gazette, a notice stating the 20 following-- 21 (a) the name of the local government; 22 (b) when the proposed structure plan amendment was 23 adopted; 24 (c) the purpose and general effect of the proposed structure 25 plan amendment; 26 (d) that a copy of the proposed structure plan amendment is 27 available for inspection and purchase. 28 `17 Copy of notice and structure plan amendment to 29 chief executive 30 `On the day the local government publishes the notice, or as 31 soon as practicable after that day, the local government must 32 give the chief executive-- 33

 


 

s 227 197 s 227 Urban Land Development Authority Bill 2007 (a) a copy of the notice; and 1 (b) 5 certified copies of the proposed structure plan 2 amendment in the form mentioned in section 3 5.9.9(1)(d).'. 4 227 Amendment of sch 8 (Assessable development and 5 self-assessable development) 6 (1) Schedule 8, before part 1 heading-- 7 insert-- 8 `Note-- 9 Section 2.5B.63 modifies the application of this schedule for particular 10 types of development in declared master planned areas.'. 11 (2) Schedule 8, part 1, table 2, item 1-- 12 insert-- 13 `(e) in an urban development area.'. 14 (3) Schedule 8, part 1, table 2, item 5-- 15 insert-- 16 `(e) the land is in an urban development area.'. 17 (4) Schedule 8, part 1, table 2, items 6 and 7, after `premises', 18 first mention-- 19 insert-- 20 `, other than premises in an urban development area,'. 21 (5) Schedule 8, part 1, table 2, items 9 and 10, after `premises'-- 22 insert-- 23 `, other than premises in an urban development area,'. 24 (6) Schedule 8, part 1, table 3, item 1-- 25 insert-- 26 `(k) is in relation to land in an urban development area.'. 27 (7) Schedule 8, part 1, table 4, item 1A-- 28 insert-- 29 `(k) in an urban development area.'. 30

 


 

s 227 198 s 227 Urban Land Development Authority Bill 2007 (8) Schedule 8, part 1, table 4, item 1C, after `native vegetation on 1 land'-- 2 insert-- 3 `, other than land in an urban development area,'. 4 (9) Schedule 8, part 1, table 4, item 1D-- 5 insert-- 6 `(i) in an urban development area.'. 7 (10) Schedule 8, part 1, table 4, item 1E-- 8 insert-- 9 `(c) in an urban development area.'. 10 (11) Schedule 8, part 1, table 4, item 1F-- 11 insert-- 12 `(c) in an urban development area.'. 13 (12) Schedule 8, part 1, table 4, item 2, after `lot'-- 14 insert-- 15 `, other than a lot in an urban development area'. 16 (13) Schedule 8, part 1, table 4, item 3, after `kind'-- 17 insert-- 18 `, other than in an urban development area,'. 19 (14) Schedule 8, part 1, table 4, item 5-- 20 insert-- 21 `(c) carried out in an urban development area.'. 22 (15) Schedule 8, part 1, table 4, item 8, after `self-assessable 23 development'-- 24 insert-- 25 `and not in an urban development area'. 26 (16) Schedule 8, part 1, table 4, item 9, after `Operational work'-- 27 insert-- 28 `, other than operational work in an urban development area,'. 29 (17) Schedule 8, part 1, table 5, item 1, after `Water Act 2000'-- 30

 


 

s 228 199 s 229 Urban Land Development Authority Bill 2007 insert-- 1 `, other than in an urban development area,'. 2 (18) Schedule 8, part 1, table 5, item 2-- 3 insert-- 4 `(d) in an urban development area.'. 5 (19) Schedule 8, part 2, table 4, item 1, after `kind'-- 6 insert-- 7 `, other than in an urban development area,' 8 (20) Schedule 8, part 2, table 4, item 5, after `local government 9 road', first mention-- 10 insert-- 11 `, other than in an urban development area,'. 12 228 Amendment of sch 9 (Development that is exempt from 13 assessment against a planning scheme) 14 Schedule 9, table 5-- 15 insert-- 16 `Urban development areas 7 All aspects of development for an urban development area.'. 229 Amendment of sch 10 (Dictionary) 17 (1) Schedule 10, definitions applicant's appeal period, assessable 18 development, draft regulatory provisions, regional planning 19 Minister, regulatory provisions, self-assessable development, 20 SEQ region, SEQ regional plan and State infrastructure 21 provider-- 22 omit. 23 (2) Schedule 10-- 24 insert-- 25 `applicant's appeal period, for an appeal-- 26

 


 

s 229 200 s 229 Urban Land Development Authority Bill 2007 (a) by an appellant to the court, for a development 1 application--see section 4.1.27(2); or 2 (b) by an appellant to the court, for a master plan 3 application--see section 4.1.30A(2); or 4 (c) by an appellant to a tribunal--see section 4.2.9(2). 5 assessable development-- 6 1 Generally, assessable development means development 7 stated in schedule 8, part 1, other than to the extent that 8 part is modified under section 2.5B.63. 9 2 The term also includes development declared under a 10 State planning regulatory provision to be assessable 11 development. 12 3 For a planning scheme area, the term also includes other 13 development not stated in schedule 8, part 1, but 14 declared to be assessable development under any of the 15 following that applies to the area-- 16 (a) the planning scheme for the area; 17 (b) a temporary local planning instrument; 18 (c) a master plan for a declared master planned area; 19 (d) a preliminary approval to which section 3.1.6 20 applies. 21 certificate of classification see the Building Act 1975, 22 schedule 2. 23 coordinating agency for-- 24 (a) a structure plan for a declared master planned 25 area--means the entity identified as the coordinating 26 agency in the master planned area declaration for the 27 area; or 28 (b) a master plan application--means an entity identified as 29 a coordinating agency in the structure plan for the 30 relevant master planned area or an entity otherwise 31 identified by the Minister as a coordinating agency. 32 coordinating agency assessment period see section 2.5B.37. 33 coordinating agency conditions, for a master plan application 34 or a master plan, see section 2.5B.39(2)(b). 35

 


 

s 229 201 s 229 Urban Land Development Authority Bill 2007 declared master planned area see section 2.5B.2(4). 1 designated region see section 2.5A.2(1). 2 local government, for a provision of this Act about a master 3 planned area, means the local government whose local 4 government area includes the area. 5 local infrastructure agreement means an infrastructure 6 agreement entered into by a local government. 7 making a structure plan or master plan includes preparing it. 8 master plan means a master plan approved under section 9 2.5B.42 that is still in force, including a condition included in 10 the plan. 11 master plan application see section 2.5B.21. 12 master planned area means an area identified under section 13 2.5B.2 as a master planned area. 14 master planned area declaration see section 2.5B.2. 15 master planning unit, for a master plan or proposed master 16 plan, means the declared master planned area, or part of the 17 declared master planned area, to which the master plan or 18 proposed master plan applies. 19 negotiated notice, for a master plan application, see section 20 2.5B.46(3). 21 participating agency for-- 22 (a) a structure plan for a declared master planned 23 area--means an entity identified as a participating 24 agency in the master planned area declaration for the 25 area; or 26 (b) a master plan application--means an entity identified as 27 a participating agency in the structure plan for the 28 relevant master planned area or an entity otherwise 29 identified by the Minister as a participating agency. 30 Queensland Competition Authority means the Queensland 31 Competition Authority established under the Queensland 32 Competition Authority Act 1997. 33 regional plan see section 2.5A.10. 34

 


 

s 229 202 s 229 Urban Land Development Authority Bill 2007 Note-- 1 For the SEQ region, see also chapter 6 (Transitional provisions), part 8 2 (Transitional provisions for Urban Land Development Authority Act 3 2007), division 1 (Provisions for SEQ regional plan). 4 regional planning Minister, for a designated region, means 5 the Minister administering chapter 2, part 5A, 5B or 5C, for 6 the region. 7 regulated State infrastructure charge see section 5.3.3(1)(b). 8 regulated State infrastructure charges notice see section 9 5.3.4(1). 10 regulated State infrastructure charges schedule means a 11 regulated State infrastructure charges schedule made under 12 sections 5.3.2 and 5.3.3. 13 relevant area, for a State planning regulatory provision, see 14 section 2.5C.1. 15 request for information, for a master plan application, see 16 section 2.5B.24(1). 17 self-assessable development-- 18 1 Generally, self-assessable development means 19 development stated in schedule 8, part 2, other than to 20 the extent that part is modified under section 2.5B.63. 21 2 The term also includes development declared under a 22 State planning regulatory provision to be self-assessable 23 development. 24 3 For a planning scheme area, the term also includes other 25 development not stated in schedule 8, part 2, but 26 declared to be self-assessable development under any of 27 the following that applies to the area-- 28 (a) the planning scheme for the area; 29 (b) a temporary local planning instrument; 30 (c) a master plan for a declared master planned area; 31 (d) a preliminary approval to which section 3.1.6 32 applies. 33 SEQ region see section 6.8.1. 34 SEQ regional plan see section 6.8.1. 35

 


 

s 229 203 s 229 Urban Land Development Authority Bill 2007 serious environmental harm see the Environmental 1 Protection Act 1994, section 17. 2 State infrastructure agreement means an infrastructure 3 agreement entered into by a public sector entity other than a 4 local government. 5 State infrastructure provider means a concurrence agency 6 that-- 7 (a) supplies, or contributes toward the cost of, State 8 infrastructure; or 9 (b) administers a regional plan for a designated region. 10 State planning regulatory provision means-- 11 (a) a State planning regulatory provision made under 12 section 2.5C.1; or 13 (b) a draft State planning regulatory provision that under 14 section 2.5C.12, has effect as a State planning regulatory 15 provision. 16 Note-- 17 See also section 6.8.12 (Transition of validated planning documents to 18 master planning documents). 19 structure plan, for a declared master planned area, means the 20 structure plan for the area, made under chapter 2, part 5B. 21 structure plan amendment, for schedule 1A, see schedule 22 1A, section 2(2). 23 urban development area means an urban development area 24 under the Urban Land Development Authority Act 2007.'. 25 (3) Schedule 10, definition assessing authority, paragraph (f), `the 26 regulatory provisions or draft regulatory provisions apply'-- 27 omit, insert-- 28 `a State planning regulatory provision applies'. 29 (4) Schedule 10, definition code, paragraph (c)-- 30 omit, insert-- 31 `(c) in a master plan for a declared master planned area; or 32 (d) in a preliminary approval to which section 3.1.6 33 applies.'. 34

 


 

s 229 204 s 229 Urban Land Development Authority Bill 2007 (5) Schedule 10, definition common material-- 1 insert-- 2 `(c) an infrastructure agreement applicable to the land the 3 subject of the application.'. 4 (6) Schedule 10, definition consultation period, paragraph (f)-- 5 renumber as paragraph (i). 6 (7) Schedule 10, definition consultation period, paragraphs (d) 7 and (e)-- 8 omit, insert-- 9 `(d) for making a regional plan--see section 2.5A.13(2)(e); 10 or 11 (e) for amending a regional plan--means the consultation 12 period under section 2.5A.13(2)(e) as applied under 13 section 2.5A.17; or 14 (f) for making a structure plan for a declared master 15 planned area--see schedule 1A, section 8(1)(g); or 16 (g) for a master plan application--see section 2.5B.28(1)(f); 17 or 18 (h) for making or amending a State planning regulatory 19 provision--see section 2.5C.9(3)(e); or'. 20 (8) Schedule 10, definition deemed refusal-- 21 insert-- 22 `(d) for a master plan application--by the end of the period 23 under section 2.5B.40 for the deciding of the 24 application.'. 25 (9) Schedule 10, definition development infrastructure, paragraph 26 (a)(i), after `flood mitigation)'-- 27 insert-- 28 `, but not urban and rural residential water cycle management 29 infrastructure that is State infrastructure'. 30 (10) Schedule 10, definition development offence, `or 4.3.5A'-- 31 omit, insert-- 32 `4.3.5A or 4.3.5B'. 33

 


 

s 229 205 s 229 Urban Land Development Authority Bill 2007 (11) Schedule 10, definition Minister, paragraph (b)-- 1 omit, insert-- 2 `(b) in chapter 2, part 5A, 5B or 5C, or chapter 3, part 6-- 3 (i) generally--the Minister administering the part; or 4 (ii) for a matter the regional planning Minister is 5 satisfied relates to chapter 2, part 5A, 5B or 6 5C--the regional planning Minister for the region; 7 and'. 8 (12) Schedule 10, definition planning instrument, `the SEQ 9 regional plan, draft regulatory provisions'-- 10 omit, insert-- 11 `a designated region's regional plan, a State planning 12 regulatory provision'. 13 (13) Schedule 10, definition properly made submission, paragraph 14 (e)(v) and (vi)-- 15 renumber as paragraph (e)(vi) and (vii). 16 (14) Schedule 10, definition properly made submission, paragraph 17 (e)(iv)-- 18 omit, insert-- 19 `(iv) if the submission is about a designated region's 20 regional plan--to the regional planning Minister 21 for the region; or 22 (v) if the submission is about a master plan 23 application--to the local government; or'. 24 (15) Schedule 10, definition State infrastructure-- 25 insert-- 26 `(e) health infrastructure, including hospitals and associated 27 institutions infrastructure; 28 (f) freight rail infrastructure; 29 (g) State urban and rural residential water cycle 30 management infrastructure, including infrastructure for 31 water supply, sewerage, collecting water, treating water, 32 stream managing, disposing of water and flood 33 mitigation; 34

 


 

s 230 206 s 234 Urban Land Development Authority Bill 2007 (h) justice administration facilities, including court or 1 police facilities.'. 2 Part 9 Amendment of Land Act 1994 3 230 Act amended in pt 9 4 This part amends the Land Act 1994. 5 231 Amendment of s 16 (Deciding appropriate tenure) 6 Section 16-- 7 insert-- 8 `(2A) Also, to the extent the land is in an urban development area, 9 the evaluation must take account of, and give primary 10 consideration to, any development scheme or interim land use 11 plan under the Urban Land Development Authority Act 2007 12 that applies to the land.'. 13 232 Amendment of s 33 (Revocation of reserve) 14 Section 33(1)-- 15 insert-- 16 `(d) the reserve or part is in an urban development area.'. 17 233 Amendment of s 38 (Cancelling a deed of grant in trust) 18 Section 38(1)-- 19 insert-- 20 `(e) the land is in an urban development area.'. 21 234 Amendment of s 122 (Deeds of grant of unallocated State 22 land) 23 Section 122(1), after `without competition'-- 24

 


 

s 235 207 s 237 Urban Land Development Authority Bill 2007 insert-- 1 `if the grant is to the Urban Land Development Authority or'. 2 235 Amendment of s 290J (Requirements for registration of 3 plan of subdivision) 4 Section 290J-- 5 insert-- 6 `(5) Subsection (6) applies, despite subsection (1), if-- 7 (a) the land the subject of the subdivision is in an urban 8 development area; and 9 (b) the plan of subdivision has been consented to by the 10 Urban Land Development Authority. 11 `(6) The plan must be registered without the consent of the 12 Minister or anyone else whose consent would otherwise have 13 been required for the plan if it otherwise complies with this 14 section.'. 15 236 Amendment of sch 6 (Dictionary) 16 Schedule 6-- 17 insert-- 18 `urban development area means an urban development area 19 under the Urban Land Development Authority Act 2007. 20 Urban Land Development Authority means the Urban Land 21 Development Authority under the Urban Land Development 22 Authority Act 2007.'. 23 Part 10 Amendment of Land Title Act 24 1994 25 237 Act amended in pt 10 26 This part amends the Land Title Act 1994. 27

 


 

s 238 208 s 240 Urban Land Development Authority Bill 2007 238 Amendment of s 50 (Requirements for registration of plan 1 of subdivision) 2 (1) Section 50(h) and (i), `local government concerned'-- 3 omit, insert-- 4 `relevant planning body'. 5 (2) Section 50-- 6 insert-- 7 `(3) In this section-- 8 `relevant planning body means-- 9 (a) if the proposed lots are in an urban development 10 area--the Urban Land Development Authority; or 11 (b) otherwise--the relevant local government.'. 12 239 Amendment of s 65 (Requirements of instrument of 13 lease) 14 Section 65(3A), `approved by the local government.'-- 15 omit, insert-- 16 `approved by-- 17 (a) if the lot is in an urban development area--the Urban 18 Land Development Authority; or 19 (b) otherwise--the relevant local government.'. 20 240 Amendment of s 83 (Registration of easement) 21 Section 83(2), `approved by the local government 22 concerned.'-- 23 omit, insert-- 24 `approved by-- 25 (a) if the lot is in an urban development area--the Urban 26 Land Development Authority; or 27 (b) otherwise--the relevant local government.'. 28

 


 

s 241 209 s 243 Urban Land Development Authority Bill 2007 241 Amendment of sch 2 (Dictionary) 1 Schedule 2-- 2 insert-- 3 `relevant local government, for a provision about a lot or 4 proposed lot, means each local government in whose area the 5 lot or proposed lot is located. 6 urban development area means an urban development area 7 under the Urban Land Development Authority Act 2007. 8 Urban Land Development Authority means the Urban Land 9 Development Authority under the Urban Land Development 10 Authority Act 2007.'. 11 Part 11 Amendment of Nuclear 12 Facilities Prohibition Act 2007 13 242 Act amended in pt 11 14 This part amends the Nuclear Facilities Prohibition Act 2007. 15 243 Amendment of s 8 (No development approval or mining 16 tenement for a nuclear facility) 17 (1) Section 8(1), `under the Integrated Planning Act 1997'-- 18 omit. 19 (2) Section 8-- 20 insert-- 21 `(4) In this section-- 22 development approval means a development approval under 23 the Integrated Planning Act 1997 or a UDA development 24 approval under the Urban Land Development Authority Act 25 2007.'. 26

 


 

s 244 210 s 248 Urban Land Development Authority Bill 2007 Part 12 Amendment of Public Service 1 Act 1996 2 244 Act amended in pt 12 3 This part amends the Public Service Act 1996. 4 245 Amendment of sch 1 (Public service offices and their 5 heads) 6 Schedule 1-- 7 insert-- 8 `12D Urban Land Development The chief executive officer under Authority under the Urban the Urban Land Development Land Development Authority Act 2007'. Authority Act 2007 Part 13 Amendment of Transport 9 Infrastructure Act 1994 10 246 Act amended in pt 13 11 This part amends the Transport Infrastructure Act 1994. 12 247 Amendment of s 49 (Assessment of impacts on 13 State-controlled roads from certain activities) 14 Section 49(1)(b)-- 15 insert-- 16 `(iii) development in an urban development area under 17 the Urban Land Development Authority Act 2007.'. 18 248 Amendment of s 50 (Ancillary works and encroachments) 19 Section 50(7), after `1995'-- 20

 


 

s 249 211 s 250 Urban Land Development Authority Bill 2007 insert-- 1 `, the Urban Land Development Authority Act 2007'. 2 Part 14 Amendment of Vegetation 3 Management Act 1999 4 249 Act amended in pt 14 5 This part amends the Vegetation Management Act 1999. 6 250 Amendment of s 22A (Particular vegetation clearing 7 applications may be assessed) 8 Section 22A(2)-- 9 insert-- 10 `(l) in an urban development area under the Urban Land 11 Development Authority Act 2007.'. 12

 


 

212 Urban Land Development Authority Bill 2007 Schedule Dictionary 1 section 5 2 affected owner, for an urban development area, means a 3 person who owns land in, or that adjoins, the area. 4 appointed member see section 105(1). 5 appropriately qualified, in relation to a delegated function or 6 power, includes having the qualifications, experience or 7 standing to perform the function or exercise the power. 8 Example of standing-- 9 a person's classification level in the public service 10 approved form means a form approved by the authority under 11 section 145. 12 authority means the Urban Land Development Authority 13 established under section 93. 14 building work see the Integrated Planning Act, section 1.3.5 . 15 by-laws means by-laws made under section 104. 16 call in notice see section 63(1). 17 chairperson means the chairperson of the authority. 18 chief executive officer means the chief executive officer of the 19 authority, appointed under section 120(1). 20 community infrastructure designation means a designation 21 under the Integrated Planning Act, section 2.6.1. 22 conviction includes a finding of guilt or the acceptance of a 23 plea of guilty by a court, whether or not a conviction is 24 recorded. 25 decision notice, for a UDA development application, see 26 section 59(1). 27 declaration regulation see section 7(1). 28 development see section 6(1). 29 development scheme, for an urban development area, or part 30 of an urban development area, is the development scheme for 31

 


 

213 Urban Land Development Authority Bill 2007 Schedule (continued) the area made under section 22, as amended from time to time 1 under part 3, division 2. 2 enforcement order means an order made under part 5, 3 division 1. 4 government entity means an entity, other than a GOC, as 5 defined under the Public Service Act 1996, section 21. 6 information request see section 53(1). 7 infrastructure see the Integrated Planning Act, schedule 10. 8 IPA development application means a development 9 application under the Integrated Planning Act. 10 IPA development approval-- 11 1 An IPA development approval is a development 12 approval under the Integrated Planning Act. 13 2 The term also includes a continuing approval under the 14 Integrated Planning Act, section 6.1.23 that, under that 15 section, has effect as an IPA development approval 16 under paragraph 1. 17 Integrated Planning Act means the Integrated Planning Act 18 1997. 19 interim land use plan, for an urban development area, means 20 the interim land use plan for the area, made under section 8 or 21 9. 22 land use plan-- 23 1 The land use plan for an urban development area is the 24 land use plan included in the development scheme for 25 the area. 26 2 The term does not include any interim land use plan in 27 force for the area. 28 lawful use, of premises, includes-- 29 (a) a use that is generally in accordance with a current 30 rezoning approval given under-- 31

 


 

214 Urban Land Development Authority Bill 2007 Schedule (continued) (i) the repealed Local Government Act 1936, section 1 33(5)(k), to which section 33(5)(m) of that Act 2 also applied; or 3 (ii) the repealed Local Government (Planning and 4 Environment) Act 1990, section 4.5(6), 4.8(6), 5 4.10(6) or 8.10(9A); and 6 (b) a use that is a natural and ordinary consequence of 7 making a material change of use of the premises if the 8 change was lawfully made under this Act or the 9 Integrated Planning Act. 10 lot see the Integrated Planning Act, section 1.3.5. 11 material change of use see the Integrated Planning Act, 12 section 1.3.5. 13 member see section 105(1). 14 Ministerial direction see section 130(1)(a). 15 nominated assessing authority for-- 16 (a) a UDA development condition, means the entity so 17 nominated under section 58(a); or 18 (b) a provision about a UDA development approval, means 19 a nominated assessing authority for a UDA development 20 condition of the approval. 21 notice means a notice in writing. 22 operational work see the Integrated Planning Act, section 23 1.3.5. 24 owner, of land, means the person for the time being entitled to 25 receive the rent for the land or who would be entitled to 26 receive the rent for it if it were let to a tenant at a rent. 27 Planning and Environment Court means the Planning and 28 Environment Court under the Integrated Planning Act. 29 planning instrument means a planning instrument under the 30 Integrated Planning Act. 31 planning scheme means a planning scheme under the 32 Integrated Planning Act, chapter 2, part 1, division 3. 33

 


 

215 Urban Land Development Authority Bill 2007 Schedule (continued) premises means-- 1 (a) a building or other structure; or 2 (b) land, whether or not a building or other structure is 3 situated on the land. 4 reconfiguring a lot see the Integrated Planning Act, section 5 1.3.5. 6 register means a register the authority keeps under section 7 132. 8 relevant development, for a provision of this Act about a 9 UDA development application or an IPA development 10 approval or UDA development approval, means the 11 development, or proposed development, the subject of the 12 application or approval. 13 relevant land for-- 14 (a) a UDA development application, means the land the 15 subject of the application; or 16 (b) a UDA development approval or an IPA development 17 approval, means the land the subject of the approval. 18 relevant local government, for an urban development area, 19 land or a UDA development application, means each local 20 government in whose area the urban development area, the 21 land or the land the subject of the application is located. 22 relevant urban development area, for a provision of this Act 23 about a development scheme, UDA development application 24 or UDA development approval, means the urban development 25 area to which the development scheme, application or 26 approval relates. 27 road means-- 28 (a) an area of land dedicated to public use as a road; or 29 (b) an area that is open to or used by the public and is 30 developed for, or has as 1 of its main uses, the driving or 31 riding of motor vehicles; or 32 (c) a bridge, culvert, ferry, ford, tunnel or viaduct; or 33

 


 

216 Urban Land Development Authority Bill 2007 Schedule (continued) (d) a pedestrian or bicycle path; or 1 (e) a part of an area, bridge, culvert, ferry, ford, tunnel, 2 viaduct or path mentioned in any of paragraphs (a) to 3 (d). 4 special rate or charge means a special rate or charge levied 5 under section 101. 6 State interest includes-- 7 (a) an interest relating to the purposes of this Act; or 8 (b) an interest that, in the Minister's opinion, affects an 9 economic or environmental interest of the State or a 10 region. 11 structure means anything built or constructed, whether or not 12 attached to land. 13 submission means a written submission. 14 submission period for-- 15 (a) a proposed development scheme--see section 16 25(1)(b)(ii); or 17 (b) a UDA development application--see section 54(4)(d). 18 submitted scheme see section 29(1). 19 UDA assessable development see section 6(2). 20 UDA development application means an application for a 21 UDA development approval. 22 UDA development approval-- 23 1 A UDA development approval is an approval of an 24 application for a UDA development approval contained 25 in a decision notice for the application, that is still in 26 force, and as amended from time to time under section 27 75. 28 2 A reference to a UDA development approval includes a 29 reference to any UDA development condition stated in 30 the approval. 31 UDA development condition see section 55(4)(b). 32

 


 

217 Urban Land Development Authority Bill 2007 Schedule (continued) UDA development offence means an offence against part 4, 1 division 1. 2 UDA exempt development see section 6(4). 3 UDA self-assessable development see section 6(3). 4 urban development area means an area declared under 5 section 7, as the area is amended from time to time. 6 urban purposes means purposes for which land is used in 7 cities or towns, including residential, industrial, sporting, 8 recreation and commercial purposes. 9 use, of premises, includes any ancillary use of the premises. 10 work, without reference to a specific type of work, means-- 11 (a) building work; or 12 (b) operational work; or 13 (c) plumbing work or drainage work as defined under the 14 Plumbing and Drainage Act 2002, schedule. 15 State of Queensland 2007

 


 

AMENDMENTS TO BILL

1 Urban Land Development Authority Bill 2007 Urban Land Development Authority Bill 2007 Amendments agreed to during Consideration 1 Clause 75 (Application to change UDA development approval)-- At page 51, lines 4 and 5, `having an interest in the relevant land for a UDA development approval'-- omit. 2 Clause 75 (Application to change UDA development approval)-- At page 51, line 6, `the approval'-- omit, insert-- `a UDA development approval'. 3 Clause 75 (Application to change UDA development approval)-- At page 51, after line 21-- insert-- `(5) If the person is not the owner of the relevant land for the UDA development approval, the amendment application must be accompanied by the owner's consent.'. 4 After clause 146-- At page 85, after line 30-- insert-- `Part 7A Amendment of Body Corporate and Community Management Act 1997

 


 

2 Urban Land Development Authority Bill 2007 `146A Act amended in pt 7A `This part amends the Body Corporate and Community Management Act 1997. `146B Amendment of s 29 (Notice about change of scheme being developed progressively) `Section 29(3), `under the Planning Act'-- omit. `146C Amendment of s 57 (Other matters about new statements for schemes developed progressively) `(1) Section 57(4), `the development approval or'-- omit, insert-- `a development approval or the'. `(2) Section 57(7)(b), `the development approval'-- omit, insert-- `each development approval'. `(3) Section 57(7)(c), `has'-- omit, insert-- `or the urban land development authority has, under section 60,'. `146D Replacement of s 60 (Local government community management statement notation) `Section 60-- omit, insert-- `60 Community management statement notation `(1) Subject to subsection (6), a community management statement proposed to be recorded for a community titles scheme may be recorded only if each relevant planning body for the scheme has endorsed on the statement a certificate (a community management statement notation).

 


 

3 Urban Land Development Authority Bill 2007 `(2) In a community management statement notation a relevant planning body for a community titles scheme states only that it has noted the community management statement. `(3) Subject to subsection (4), a relevant planning body must endorse a community management statement notation on the proposed community management statement. `(4) For a community titles scheme intended to be developed progressively, a relevant planning body for the scheme is not required to endorse a community management statement notation on the proposed community management statement if there is an inconsistency between a provision of the statement and-- (a) if the relevant planning body is a local government--a lawful requirement of, or an approval given by, the local government under the Integrated Planning Act 1997; or (b) if the relevant planning body is the urban land development authority--a lawful requirement of, or an approval given by-- (i) a local government under the Integrated Planning Act 1997; or (ii) the urban land development authority under the Urban Land Development Authority Act 2007; or (c) the planning instrument of the relevant planning body; or (d) a lawful requirement of, or an approval given by, the relevant planning body under the planning instrument of the relevant planning body. Example for subsection (4)-- A relevant planning body that is a local government would be expected to refuse to endorse a proposed community management statement with a community management statement notation if the statement envisages development of part of the scheme land in a way prohibited under its planning instrument. However, the relevant planning body would be expected to endorse the proposed statement with a community management statement notation if the proposed community management statement acknowledges that development of the part of the land in the way proposed will proceed only if and when a suitable amendment of the planning instrument is made.

 


 

4 Urban Land Development Authority Bill 2007 `(5) For subsection (4), a provision of the statement is not inconsistent with a planning instrument only because-- (a) the planning instrument allows a person to do an act or engage in an activity in the area in which the community titles scheme is established; and (b) the provision requires the person to obtain the body corporate's permission before doing the act or engaging in the activity on scheme land. `(6) Despite subsection (1), a new community management statement may be recorded without the endorsement on it of any community management statement notation that is otherwise required if-- (a) there is no difference between the existing statement for the scheme and the new statement for any issue that a relevant planning body for the scheme could have regard to for identifying an inconsistency mentioned in subsection (4); or Example for paragraph (a)-- The new statement includes an interest schedule that is different from the interest schedule included in the existing statement, but there is otherwise no difference between the 2 statements. (b) any difference between the statements is limited to changes to reflect-- (i) a lot entitlement adjustment agreed to under section 50; or (ii) a formal acquisition affecting the scheme; or (iii) a change in a services location diagram for the scheme; or (iv) the incorporation of a lot with common property, or conversion of lessee common property to a lot, under section 40. `(7) If a relevant planning body for the scheme does not endorse a community management statement notation within 40 days after the community management statement is submitted for endorsement under this section, or refuses to endorse the notation--

 


 

5 Urban Land Development Authority Bill 2007 (a) the person who submitted the community management statement for endorsement of the notation may appeal to the Planning and Environment Court under the Integrated Planning Act 1997; and (b) the court is required to hear and decide the appeal. `(8) For an appeal under subsection (7)-- (a) the relevant planning body is the respondent; and (b) the Integrated Planning Act 1997, chapter 4, part 1, divisions 10 to 12 apply, with necessary changes, as if-- (i) the appeal were an appeal mentioned in the divisions; and (ii) the relevant planning body were the only other party to the appeal; and (c) the appellant must give the relevant planning body the written notice of the appeal under the divisions within 10 business days after starting the appeal. `(9) In this section-- planning instrument, of a relevant planning body, means-- (a) if the body is a local government-- (i) its planning scheme under the Integrated Planning Act 1997; or (ii) an instrument of the local government having effect as if it were a planning scheme of the local government; or (b) if the body is the urban land development authority--an interim land use plan or development scheme under the Urban Land Development Authority Act 2007. relevant planning body, for a community titles scheme, means-- (a) to the extent scheme land is or is proposed to be located in an urban development area--the urban land development authority; and (b) to the extent scheme land is or is proposed to be located in a local government area but not in an urban

 


 

6 Urban Land Development Authority Bill 2007 development area--the local government for the local government area.'. `146E Amendment of s 61 (Giving copy of community management statement to local government) `(1) Section 61, heading, `to local government'-- omit. `(2) Section 61(1), `either'-- omit, insert-- `any'. `(3) Section 61(1)-- insert-- `(c) a community management statement that, under section 60, is endorsed with a community management statement notation by the urban land development authority.'. `(4) Section 61(2)-- omit, insert-- `(2) The body corporate must give a copy of the statement to-- (a) each local government in whose local government area scheme land is located; and (b) if any scheme land is in an urban development area and the urban land development authority has not endorsed the statement under section 60--the authority.'. `146F Amendment of s 78 (Termination of schemes) `Section 78(6)-- insert-- `(c) if any scheme land is in an urban development area, the urban land development authority.'.

 


 

7 Urban Land Development Authority Bill 2007 `146G Amendment of s 80 (Effect of termination on accrued charge, levy, rate or tax) `Section 80(1)(b), after `Local Government Act 1993'-- insert-- `, the Urban Land Development Authority Act 2007'. `146H Amendment of s 180 (Limitations for by-laws) `Section 180(2), after `local law'-- insert-- `or UDA by-law'. `146I Amendment of section 196 (Utility services not separately charged for) `(1) Section 196(7), `Subsections (8) and (9)'-- omit, insert-- `Subsections (8), (9) and (10)'. `(2) Section 196(9) to (11)-- renumber as section 196(10), (12) and (13) respectively. `(3) Section 196-- insert-- `(9) If the utility service provider is the urban land development authority, the unpaid amount becomes a special rate or charge under the Urban Land Development Authority Act 2007 that is payable proportionately by each lot owner according to the contribution schedule lot entitlement for the lot.'. `(4) Section 196(10), as renumbered, after `local government'-- insert-- `or the urban land development authority'. `(5) Section 196-- insert-- `(11) For applying the Urban Land Development Authority Act 2007, section 127 for the purposes of subsection (9), the

 


 

8 Urban Land Development Authority Bill 2007 reference in the section to the land is taken to be a reference to each lot.'. `(6) Section 196(12), as renumbered, `Subsection (9)'-- omit, insert-- `Subsection (10)'. `146J Amendment of s 197 (Registering charge on land under this Act) `Section 197(1) and (2), `section 196(9)(b)'-- omit, insert-- `section 196(10)(b)'. `146K Amendment of s 198 (Effect of scheme change on liability for charges etc.) Section 198-- insert-- `(4) Also, this section does not apply to an amount owing to the urban land development authority to the extent this section is inconsistent with the Urban Land Development Authority Act 2007.'. `146L Amendment of s 313 (Representation in planning proceedings) `Section 313(1), `Planning Act'-- omit, insert-- `Integrated Planning Act 1997'. `146M Amendment of sch 4 (By-laws) `Schedule 4, section 10(2)(a)-- omit, insert-- `(a) comply with all of the following laws about the disposal of garbage--

 


 

9 Urban Land Development Authority Bill 2007 (i) if the lot is in an urban development area--UDA by-laws, and any local laws that apply; (ii) if the lot is not in an urban development area--local laws; and'. `146N Amendment of sch 6 (Dictionary) `(1) Schedule 6, definitions development approval, Planning Act and planning scheme-- omit. `(2) Schedule 6-- insert-- `development approval means-- (a) a development approval under the Integrated Planning Act 1997; or (b) a UDA development approval under the Urban Land Development Authority Act 2007. UDA by-law means a by-law made by the urban land development authority. urban development area means an urban development area under the Urban Land Development Authority Act 2007. urban land development authority means the Urban Land Development Authority under the Urban Land Development Authority Act 2007.'.'. 5 Clause 154 (Replacement of ch 2, pt 5A)-- At page 139, line 12, `section 5.3.8'-- omit, insert-- `section 5.2.3'. 6 Clause 200 (Amendment of s 5.2.3 (Matters certain infrastructure agreements must contain)-- At page 167, line 30, `may'-- omit.

 


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