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Sustainable Planning (Housing Affordability and Infrastructure Charges Reform)
Amendment Bill 2011
Laid before the Legislative Assembly on 25 May 2011
Record of Proceedings (Hansard 25 May 2011)
Sustainable Planning (Housing
Affordability and Infrastructure Charges
Reform) Amendment Bill 2011
Erratum to Explanatory Notes
Title of the Bill
Sustainable Planning (Housing Affordability and Infrastructure Charges
Reform) Amendment Bill 2011
Reason for Erratum
The parts of the Explanatory Notes for Clause 16 `Amendment of s 478
(Appeals about particular charges for infrastructure)', Clause 22
`Amendment of s 650 (Conditions local governments may impose for
additional trunk infrastructure costs)' and Clause 41 `Amendment of s 7550
(Application of particular provisions-generally)' have been found to
contain some errors.
Notes on Provisions
Clause 16 [page 16 of the Explanatory Notes]. The part of the Explanatory
Note for Clause 16 `Amendment of s 478 (Appeals about particular charges
for infrastructure)' is omitted and the following Note inserted:
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Sustainable Planning (Housing Affordability and Infrastructure Charges Reform)
Amendment Bill 2011
Clause 16 adds a reference to the adopted infrastructure charge to existing
appeal provisions for the Planning and Environment Court in relation to
charges.
Section 478(5) is amended to refer to the methodology used to establish
"an adopted infrastructure charge, or the charge in a relevant infrastructure
charges schedule, regulated infrastructure charges schedule or regulated
State infrastructure charges schedule". This provision does not refer to an
adopted infrastructure charge being established under a schedule like the
other three types of charge referred to, because unlike those charges, which
are always established under a relevant schedule, an adopted infrastructure
charge will not always be established under an adopted infrastructure
charges schedule, which is a schedule of maximum charges contained in
the State planning regulatory provision (adopted charges). An adopted
infrastructure charge may also be established in other ways under proposed
section 648A(1).
Clause 22 [Page 21 of the Explanatory Notes]. The part of the Explanatory
Note for Clause 22 `Amendment of s 650 (Conditions local governments
may impose for additional trunk infrastructure costs)' is omitted and the
following Note inserted:
Clause 22 adds to this section a reference to an adopted infrastructure
charge. Section 650 enables local governments to impose a condition on a
development approval to mitigate the cost of providing trunk infrastructure
to unanticipated or out of sequence development.
Section 648B allows for the SPRP establishing an adopted infrastructure
charge to also identify a priority infrastructure area for a local government
area, and section 648D allows an adopted infrastructure charges resolution
to add information relevant to the calculation of additional costs. Together
these arrangements provide a basis for imposing a condition for additional
costs under SPA, section 650(1) (a) (U), outside a priority infrastructure
area identified in a priority infrastructure plan or the SPRP. Such a
condition could also be imposed if there was no adopted infrastructure
charges resolution identifying matters related to trunk infrastructure, but
the condition would need to be based on other information such as local
government asset management plans and may not be as sustainable as a
condition based on a resolution.
It is not intended that a condition under section 650(1) (a) (i), in relation to
unanticipated development within a priority infrastructure area, be able to
be imposed in the absence of a priority infrastructure plan, as detailed
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Sustainable Planning (Housing Affordability and Infrastructure Charges Reform)
Amendment Bill 2011
assumptions about the type, location and timing of development required to
support such a condition would not be available under an adopted
infrastructure charges resolution. Consequently there is no proposed
amendment to section 650(1) (a) (i) referencing such a resolution.
Clause 41 [page 26 of the Explanatory Notes]. The part of the Explanatory
Note for Clause 41 `Amendment of s 7550 (Application of particular
provisions - generally)' is omitted and the following Note inserted:
Clause 41 amends section 7550 which applies certain sections of chapter 8
of the SPA to the Distributor-retailers. It applies the new sections 648H to
648J to the Distributor-retailers.
© State of Queensland 2010
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