An Act to amend the Brisbane Olympic and Paralympic Games Arrangements Act 2021, the City of Brisbane Act 2010, the Economic Development Act 2012, the Local Government Act 2009, the Planning Act 2016, the Planning and Environment Court Act 2016 and the legislation mentioned in schedule 1 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025.
The following provisions commence on a day to be fixed by proclamation—(a)chapter 2;(b)chapter 4, part 3;(c)chapter 5;(d)schedule 1.
Part 1 Amendment of City of Brisbane Act 2010
This part amends the City of Brisbane Act 2010.
4Amendment of s 99 (Cost-recovery fees)
(1)Section 99(2)—
insert—(da)doing an activity mentioned in the Planning Act, section 106ZM(2); or(2)Section 99(3), ‘subsection (2)(d) or (e)’—
omit, insert—subsection (2)(d), (da) or (e)
(3)Section 99(3)(a), ‘person’—
omit, insert—entity
5Amendment of s 100 (Register of cost-recovery fees)
(1)Section 100(3)—
insert—(ca)for a cost-recovery fee under section 99(2)(da)—the activity, mentioned in the Planning Act, section 106ZM(2), to which the fee relates; or(2)Section 100(3)(ca) and (d)—
renumber as section 100(3)(d) and (e).
Part 2 Amendment of Local Government Act 2009
This part amends the Local Government Act 2009.
7Amendment of s 97 (Cost-recovery fees)
(1)Section 97(2)—
insert—(da)doing an activity mentioned in the Planning Act, section 106ZM(2); or(2)Section 97(3), ‘subsection (2)(d) or (e)’—
omit, insert—subsection (2)(d), (da) or (e)
(3)Section 97(3)(a), ‘person’—
omit, insert—entity
8Amendment of s 98 (Register of cost-recovery fees)
(1)Section 98(3)—
insert—(ca)for a cost-recovery fee under section 97(2)(da)—the activity, mentioned in the Planning Act, section 106ZM(2), to which the fee relates; or(2)Section 98(3)(ca) and (d)—
renumber as section 98(3)(d) and (e).
Part 3 Amendment of Planning Act 2016
This part amends the Planning Act 2016.See also the amendments in schedule 1.
10Amendment of s 51 (Making development applications)
(1)Section 51—
insert—(3A)If a development application is for development requiring social impact assessment, the application must be accompanied by—(a)a social impact assessment report for the application that complies with section 106W(1), or a notice given by the chief executive under section 106ZE(1)(a) stating that a social impact assessment report is not required for the application; and(b)each community benefit agreement for the application required under section 106Z(1) or entered into under section 106Z(2), or a notice given by the chief executive under section 106ZE(1)(b) stating that a community benefit agreement is not required for the application.(2)Section 51(4)(a), ‘subsections (1) to (3)’—
omit, insert—subsections (1) to (4)
(3)Section 51(4)(b), ‘subsections (2) and (3)’—
omit, insert—subsections (2) to (4)
(4)Section 51(5)—
omit, insert—(5)A development application that complies with subsections (1) to (4), or that the assessment manager accepts under subsection (5)(c) or (d), is a properly made application.(5)Section 51(3A) to (5)—
renumber as section 51(4) to (6).
After section 52—
insert—52AChanges relating to development requiring social impact assessment
(1)This section applies if—(a)an applicant changes a development application by notice given to the assessment manager under section 52 (a change notice); and(b)the change relates to development requiring social impact assessment; and(c)the change is not a minor change.For changes to a social impact assessment report or community benefit agreement for a development application before the application is decided, see also sections 106X and 106ZA.(2)If there is a social impact assessment report for the development application, the change notice must be accompanied by an amended social impact assessment report reflecting the changes to the application.(3)If there is no social impact assessment report for the development application, the change notice must be accompanied by—(a)a social impact assessment report for the application as changed that complies with section 106W(1); or(b)a notice given by the chief executive under section 106ZE(1)(a) stating that a social impact assessment report is not required for the application as changed.(4)If there is a community benefit agreement for the development application, the change notice must be accompanied by—(a)a notice signed by the parties to the community benefit agreement stating that the parties have agreed to amend the community benefit agreement in light of the changes to the application, and a copy of the amended community benefit agreement; or(b)a notice signed by the parties to the community benefit agreement stating that the parties have agreed not to amend the community benefit agreement in light of the changes to the application.(5)If there is no community benefit agreement for the development application, the change notice must be accompanied by—(a)each community benefit agreement for the application as changed required under section 106Z(1) or entered into under section 106Z(2); or(b)a notice given by the chief executive under section 106ZE(1)(b) stating that a community benefit agreement is not required for the application as changed.
12Amendment of s 63 (Notice of decision)
Section 63(2)(e)(ii), after ‘referral agency’s response’—
insert—or a direction under section 95(1) or 106ZF(2)
13Amendment of s 64 (Deemed approval of applications)
(1)Section 64(8)—
insert—(ba)any conditions that the chief executive directed the assessment manager to impose under section 106ZF(2); and(2)Section 64(8)(ba) and (c)—
renumber as section 64(8)(c) and (d).(3)Section 64(9) and (10), ‘subsection (8)(c)’—
omit, insert—subsection (8)(d)
14Amendment of s 65 (Permitted development conditions)
(1)Section 65, heading, ‘conditions’—
omit, insert—conditions—generally
(2)Section 65(2), ‘development condition may’—
omit, insert—development condition imposed on a development approval may
After section 65—
insert—65AA Other permitted development conditions—development requiring social impact assessment
(1)This section applies in relation to a development approval for development requiring social impact assessment.(2)A development condition imposed on the development approval may—(a)require compliance with a community benefit agreement for the application for the approval, but only to the extent the responsibilities under the agreement attach to, and bind the owner of, premises under section 155(3), as applied by section 106Z(4); or(b)relate to the management, mitigation or counterbalancing of a social impact of the development; or(c)relate to the monitoring of a social impact of the development.(3)Without limiting subsection (2)(b), a development condition imposed on the development approval may, in relation to a social impact of the development, require the provision of, or a contribution towards, infrastructure or another thing for a community in the locality of the development.(4)However, a development condition may be imposed on the development approval under subsection (2)(b) or (3) only if—(a)there is no community benefit agreement for the application for the approval; or(b)the social impact of the development has materially changed since the social impact assessment report for the application for the approval was prepared or last changed.(5)Section 65(1) does not apply in relation to a development condition imposed on the development approval under this section.(6)However, a development condition imposed under this section, other than subsection (2)(a), must not be an unreasonable imposition on the development or the use of the premises as a consequence of the development.(7)If a development condition requires the provision of infrastructure or another thing under subsection (3), the condition is taken to be complied with if—(a)the entity that imposed the condition agrees in writing that a stated contribution towards the infrastructure or thing may be provided instead of the infrastructure or thing; and(b)the contribution is provided in accordance with the agreement.
16Amendment of s 66 (Prohibited development conditions)
Section 66(1)(c), after ‘other than under’—
insert—section 65AA(3) or
17Amendment of s 75 (Making change representations)
(1)Section 75(1)(a)(ii), from ‘made’—
omit, insert—given by the Minister under part 6, division 2; or
(2)Section 75(1)(a)—
insert—(iii)a development condition imposed under a direction given by the chief executive under section 106ZF(2); or(3)Section 75(1)(b), ‘section 64(8)(c)’—
omit, insert—section 64(8)(d)
18Amendment of s 78A (Responsible entity for change applications)
(1)Section 78A(4)—
omit, insert—(4)Further, the chief executive is the responsible entity for the change application instead of the person under subsection (1) if—(a)the change application is for a change to a development approval given or changed by the chief executive under part 6A; or(b)the change application is for a change to a development condition that the chief executive directed be imposed under section 106ZF(2) and the P&E Court is not the responsible entity for the change application.(2)Section 78A(7), ‘subsection (4)’—
omit, insert—subsection (4)(a)
19Amendment of s 79 (Requirements for change applications)
(1)Section 79—
insert—(1B)If a change application, other than a change application for a minor change to a development approval, relates to development requiring social impact assessment, the application must be accompanied by—(a)a social impact assessment report for the application that complies with section 106W(1), or a notice given by the chief executive under section 106ZE(1)(a) stating that a social impact assessment report is not required for the application; and(b)each community benefit agreement for the application required under section 106Z(1) or entered into under section 106Z(2), or a notice given by the chief executive under section 106ZE(1)(b) stating that a community benefit agreement is not required for the application.(2)Section 79(2)(a), ‘subsections (1) and (1A)’—
omit, insert—subsections (1) to (3)
(3)Section 79(2)(b), ‘subsection (1A)’—
omit, insert—subsections (2) and (3)
(4)Section 79(1A) to (2)—
renumber as section 79(2) to (4).
20Amendment of s 99 (Directions to referral agency)
Section 99(1)(a)(i), ‘section 65 or 66’—
omit, insert—section 65, 65AA or 66
21Insertion of new ch 3, pt 6B
Chapter 3—
insert—In this part—social impact, in relation to development requiring social impact assessment, means the potential impact of the development on the social environment of a community in the locality of the development, including the potential impact of the development on—(a)the physical or mental wellbeing of members of the community; and(b)the livelihood of members of the community; and(c)the values of the community; and(d)the provision of services to the community, including, for example, education services, emergency services or health services.In this part, a reference to an impact in relation to development includes—(a)a positive or negative impact of the development; and(b)a direct or indirect impact of the development; and(c)a cumulative impact of the development and other uses.106T Making regulation about development requiring social impact assessment
(1)A regulation may prescribe development that is a material change of use of premises to be development for which social impact assessment is required.(2)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) only if the Minister is satisfied the development has the potential to impact on the social environment of a community in the locality of the development.106U Regulation about pre-existing applications
(1)This section applies in relation to a development application or change application (each a pre-existing application) if, after the application is made but before it is decided, development the subject of the application is prescribed by regulation to be development for which social impact assessment is required under section 106T.(2)The regulation may provide for the effect of the making of the regulation on the process for administering the pre-existing application.(3)Without limiting subsection (2), the regulation may provide that—(a)the process for administering the pre-existing application continues as if the regulation had not been made; or(b)on the day the regulation commences—(i)if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51; or(ii)if the pre-existing application is a change application that has been accepted under section 79(4)—the application is taken not to have been accepted under the section; or(c)the process for administering the pre-existing application stops on the day the regulation commences; or(d)the process for administering the pre-existing application restarts on a day, or on the happening of an event, stated in—(i)the regulation; or(ii)a notice given to the applicant by the Minister; orExample of an event for paragraph (d)—
the applicant gives the assessment manager or responsible entity for the pre-existing application a social impact assessment report and a community benefit agreement for the application(e)the process for administering the pre-existing application restarts from a point in the process stated in—(i)the regulation; or(ii)a notice given to the applicant by the Minister.(4)Also, the regulation may—(a)modify a period stated in this chapter for assessing and deciding the pre-existing application; or(b)provide that the pre-existing application lapses after a stated period.(5)This section does not apply in relation to a change application for a minor change to a development approval.106V Meaning of social impact assessment report
A social impact assessment report is a report about the social impact of development requiring social impact assessment the subject of a development application or change application.106W Requirements for social impact assessment reports
(1)For sections 51(4)(a), 52A(3)(a) and 79(3)(a), the social impact assessment report for a development application or change application must—(a)identify, analyse and assess the social impact of the development requiring social impact assessment the subject of the application; and(b)comply with the requirements prescribed by regulation, including, for example, requirements about—(i)assessing the social impact of the development requiring social impact assessment; and(ii)consulting with the public in preparing the social impact assessment report.(2)The chief executive may make a guideline about preparing a social impact assessment report.(3)If the chief executive makes a guideline under subsection (2), the guideline must be published on the department’s website.106X Changes to social impact assessment reports
(1)To remove any doubt, it is declared that the applicant for a development application or change application may, at any time before the application is decided—(a)change a social impact assessment report for the application; and(b)give a copy of the social impact assessment report as changed to the assessment manager or responsible entity for the application.(2)A change to a social impact assessment report for a development application or change application is not a change to the application.See also section 52.106Y Meaning of community benefit agreement
(1)A community benefit agreement is an agreement, entered into under this division, about providing a benefit to a community in the locality of development requiring social impact assessment the subject of a development application or change application, including, for example—(a)providing or contributing towards infrastructure or another thing for the community; orExamples of infrastructure and other things for the community—
•a sports facility or library for the community•a training program to upskill members of the community(b)making a financial contribution to the community.giving a donation to a fund established for the benefit of the community(2)To remove any doubt, it is declared that a community benefit agreement is not an infrastructure agreement even if it relates to providing or funding infrastructure.106Z Entering into community benefit agreements
(1)For sections 51(4)(b), 52A(5)(a) and 79(3)(b), a community benefit agreement for a development application or change application must be entered into with—(a)the local government for the local government area in which the premises the subject of the application are located; and(b)if a social impact assessment report for the application identifies a social impact for a community in another local government area—the local government for the other local government area.(2)An entity may also enter into a community benefit agreement with a public sector entity prescribed by regulation, other than a local government mentioned in subsection (1), in relation to a social impact of development requiring social impact assessment the subject of a development application or change application.(3)If a public sector entity, other than a local government, is a party to a community benefit agreement under subsection (2), the public sector entity must give a copy of the agreement to the local government for the local government area to which the agreement relates.(4)The following provisions apply in relation to a community benefit agreement as if a reference in the provision to an infrastructure agreement were a reference to the community benefit agreement—(a)section 151;(b)section 152, other than section 152(1)(c);(c)section 155;(d)section 156.(5)A community benefit agreement must include the matters prescribed by regulation.106ZA Amending community benefit agreements
(1)To remove any doubt, it is declared that, at any time before a development application or change application is decided—(a)the parties to a community benefit agreement for the application may agree to amend the community benefit agreement; and(b)the applicant may give a copy of the amended community benefit agreement to the assessment manager or responsible entity for the application.(2)An amendment of a community benefit agreement for a development application or change application is not a change to the application.See also section 52.(1)This section applies if—(a)a local government and another entity have agreed to enter into negotiations for a community benefit agreement but have not yet entered into a community benefit agreement; or(b)a local government and another entity have agreed to enter into negotiations about changes to a community benefit agreement but have not yet agreed on changes.(2)The chief executive may, on request by the local government and the other entity, refer the local government and the entity to mediation to seek to achieve an agreement between them.(3)If the chief executive makes a referral under subsection (2), the chief executive must give the local government and the other entity a notice stating—(a)the name of the person who is to conduct the mediation (the mediator); and(b)any other information prescribed by regulation.(4)The mediator must—(a)be independent of the local government and the other entity; and(b)have qualifications, experience or skills relevant to conducting the mediation.(5)In performing the mediator’s functions under the referral, the mediator has the same privileges, protection or immunity as a District Court judge performing a judicial function.(6)The mediator must not disclose to anyone information acquired by the mediator during the mediation, other than under subsection (7).Maximum penalty—50 penalty units.
(7)The mediator may disclose the information—(a)with the agreement of the person to whom the information relates or someone else authorised by the person; or(b)to the chief executive under section 106ZC(5); or(c)for the purpose of giving effect to this section or section 106ZC; or(d)for statistical purposes not likely to reveal the identity of a person to whom the information relates; or(e)for an inquiry or proceeding about an offence happening during the mediation; or(f)for a proceeding founded on fraud alleged to be connected with, or to have happened during, the mediation; or(g)if the disclosure is authorised under an Act or another law.(1)This section applies if the chief executive refers a local government and another entity to mediation under section 106ZB.(2)Participation in the mediation is voluntary.(3)The local government or the other entity may withdraw from the mediation at any time.(4)The mediation ends on the earliest of the following days—(a)if the local government or the other entity withdraws from the mediation—the day the local government or entity withdraws;(b)if the local government and the other entity agree the mediation has ended—the day the local government and the entity agree the mediation has ended;(c)if the local government and the other entity sign an agreement agreeing to a resolution—the day the agreement is signed.(5)As soon as practicable after the mediation ends, the mediator must give the chief executive a certificate about the mediation in the approved form.(6)In this section—mediator means the person named as the person who is to conduct the mediation in the notice given to the local government and the other entity under section 106ZB(3).106ZD When community benefit agreements apply instead of particular instruments
(1)To the extent of any inconsistency, a community benefit agreement entered into under section 106Z(2) applies instead of a community benefit agreement entered into under section 106Z(1).(2)To the extent of any inconsistency, a community benefit agreement that relates to a development approval for development requiring social impact assessment applies instead of—(a)an infrastructure agreement that relates to the development approval; or(b)the development approval; or(c)an infrastructure charges notice that relates to the development approval.(3)However, subsection (2)(b) does not apply if—(a)the development approval was given or changed by the chief executive as the assessment manager or responsible entity for the application for the approval; and(b)the chief executive imposed a condition on the development approval under section 65AA(3).106ZE Notices given by chief executive
(1)The chief executive may give a notice to the applicant for a development application or change application stating that—(a)a social impact assessment report is not required for the application; or(b)a community benefit agreement is not required for the application.(2)However, the chief executive may give the notice only if satisfied—(a)for a notice under subsection (1)(a)—it is appropriate in the circumstances for the development application or change application to be made without a social impact assessment report; or(b)for a notice under subsection (1)(b)—it is appropriate in the circumstances for the development application or change application to be made without a community benefit agreement.(3)Without limiting subsection (2), the chief executive may give a notice under subsection (1)(b) if a social impact assessment report for the development application or change application states that the development requiring social impact assessment the subject of the application—(a)will not have a social impact; or(b)will have a minor social impact only.(4)A regulation may prescribe matters for this section, including procedures for the giving of a notice under subsection (1).106ZF Directions given by chief executive
(1)This section applies if—(a)the chief executive gives the applicant for a development application or change application a notice under section 106ZE(1); and(b)the chief executive is not the assessment manager for the development application or the responsible entity for the change application.(2)The notice may direct the assessment manager for the development application or the responsible entity for the change application to impose a stated community benefit condition on any development approval given for the application.(3)If the notice includes a direction under subsection (2)—(a)the notice must state the reasons for giving the direction; and(b)the chief executive must give a copy of the notice to the assessment manager for the development application or the responsible entity for the change application; and(c)the assessment manager or responsible entity must comply with the direction.(4)Subsection (5) applies if—(a)the chief executive gives a direction under subsection (2) in relation to the development application or change application (the earlier direction); and(b)after the direction is given, the applicant changes the development application or change application.(5)If the chief executive gives a direction under subsection (2) in relation to the development application, or change application, as changed, the earlier direction stops having effect.(6)In this section—community benefit condition means a condition mentioned in section 65AA(2)(b) or (c) or (3).106ZG Nominating enforcement authority
If, in accordance with a direction under section 106ZF(2), a condition is imposed on a development approval—(a)the chief executive may, by notice given to a person, nominate the person to be an enforcement authority in relation to the condition; and(b)the nominated person is an enforcement authority in relation to the condition.106ZH Reports about directions
(1)If the chief executive gives a direction under section 106ZF(2), the chief executive must prepare a report that—(a)explains the nature of the direction and the matters the chief executive considered in making the direction; and(b)includes a copy of the direction.(2)The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after the day the direction is given.106ZI Deciding particular applications relating to development requiring social impact assessment
(1)This section applies in relation to the following applications (each a relevant application)—(a)a development application for development requiring social impact assessment;(b)a change application relating to development requiring social impact assessment;(c)change representations about a development approval for development requiring social impact assessment;(d)an extension application for a development approval for development requiring social impact assessment.(2)The following matters are not grounds for refusing the relevant application or a part of the relevant application, or directing the assessment manager or responsible entity to refuse the relevant application or a part of the relevant application—(a)there is no community benefit agreement for the relevant application or for an application for the development approval the subject of the relevant application;(b)the community benefit agreement for the relevant application, or for an application for the development approval the subject of the relevant application, does not adequately manage, mitigate or counterbalance the social impacts of the development requiring social impact assessment.(3)This section does not apply in relation to a relevant application that is called in by the Minister under part 6, division 3.106ZJ Limitations on appeal rights
Despite section 229 and schedule 1, a person other than the applicant may not appeal against—(a)a condition of a development approval imposed under section 65AA(2) or (3); or(b)a condition of a development approval imposed under a direction of the chief executive under section 106ZF(2); or(c)a failure to impose a condition on a development approval under section 65AA(2) or (3).106ZK Development applications and change applications accompanied by particular documents
(1)This section applies if—(a)a person makes a development application for, or a change application relating to, development requiring social impact assessment (each a relevant application); and(b)the relevant application is accompanied by a relevant assessment document.(2)The relevant application is taken to comply with—(a)for a development application—section 51(4)(a); or(b)for a change application—section 79(3)(a).(3)Section 106W does not apply in relation to the relevant assessment document.(4)This Act, other than sections 51(4)(a), 79(3)(a) and 106W, applies in relation to the relevant application as if the relevant assessment document were a social impact assessment report for the application.(5)In this section—Coordinator-General’s report see the State Development Act, schedule 2.relevant assessment document means—(a)a social impact assessment under the Strong and Sustainable Resource Communities Act 2017 for a large resource project under that Act if the project involves the development requiring social impact assessment the subject of the relevant application; or(b)an EIS or IAR under the State Development Act for a coordinated project under that Act if—(i)the EIS or IAR contains an assessment of the effect of the coordinated project on the social environment of a community in the locality of the project; and(ii)the EIS or IAR has been accepted by the Coordinator-General as the final EIS or IAR for the coordinated project under the State Development Act, section 34A or 34I; and(iii)the Coordinator-General’s report for the EIS or IAR has not lapsed under the State Development Act, section 35A; and(iv)the coordinated project involves the development requiring social impact assessment the subject of the relevant application.106ZL Use of particular amounts
(1)This section applies in relation to a financial contribution made to a local government under—(a)a community benefit agreement; or(b)a development condition imposed under section 65AA(3); or(c)a development condition imposed under a direction of the chief executive under section 106ZF(2); or(d)an agreement mentioned in section 65AA(7).(2)If the financial contribution is made for a particular thing, the financial contribution must be used for that purpose.(3)To remove any doubt, it is declared that the amount paid need not be held in trust by the local government.106ZM Fees for particular matters
(1)This section applies if an entity gives a social impact assessment report to a local government for the purpose of negotiating a community benefit agreement with the local government.(2)The local government may charge the entity a fee in relation to each of the following activities—(a)considering the social impact assessment report;(b)negotiating a community benefit agreement with the entity, including participating in a mediation process in relation to the agreement.See also the City of Brisbane Act 2010, section 99 and the Local Government Act 2009, section 97.(3)If the entity is charged a fee under subsection (2), the fee is payable whether or not the entity enters into a community benefit agreement with the local government.
22Amendment of s 156 (Exercise of discretion unaffected by infrastructure agreement)
Section 156, after ‘a public sector entity’—
insert—or the chief executive
23Amendment of s 157 (Infrastructure agreement applies instead of approval and charges notice)
Section 157(3)(a)—
omit, insert—(a)the infrastructure agreement relates to—(i)a development approval given or changed by the chief executive under chapter 3, part 6A; or(ii)a development approval for development requiring social impact assessment given or changed by the chief executive as the assessment manager or responsible entity for the application for the approval; or(iii)a development approval that is subject to a condition imposed under a direction of the chief executive under section 106ZF(2); and
After section 160—
insert—160A Who is an enforcement authority
(1)For this chapter, an enforcement authority is—(a)for assessable development the subject of a development approval other than a development approval mentioned in paragraph (b)—any of the following persons—(i)the prescribed assessment manager or the chosen assessment manager for the development application;(ii)a referral agency;(iii)if the chief executive is the prescribed assessment manager for the development application or a referral agency—a person the chief executive nominates to be an enforcement authority under subsection (2);(iv)if a private certifier (class A) performed private certifying functions for the application for the approval under the Building Act—the certifier or the local government; orFor the enforcement authority for development under a development approval that was a PDA development approval, see the Economic Development Act 2012, section 51AI.(b)for assessable development the subject of a development approval given or changed under a call in provision or by the chief executive under chapter 3, part 6A—a person the chief executive nominates to be an enforcement authority under subsection (2); or(c)for assessable development that is not the subject of a development approval—a person who would be an enforcement authority under paragraph (a) if a development approval was given for the development; or(d)for building work or plumbing work carried out by or for a public sector entity—the chief executive, however described, of the entity; or(e)for any other matter—the local government.See also section 106ZG.(2)The chief executive may, by notice given to a person, nominate the person to be an enforcement authority.(3)The notice under subsection (2) may state that the person is an enforcement authority in relation to a particular matter only.The notice may state that the person is an enforcement authority in relation to—(a)a particular development approval only or a particular class of development approvals only; or(b)a particular condition of a development approval only.(4)Despite subsection (1)—(a)a referral agency is an enforcement authority for assessable development in relation to matters within the agency’s functions for a development application for the development only; and(b)if a notice under subsection (2) states that a person is an enforcement authority in relation to a particular matter only—the person is an enforcement authority in relation to the particular matter only.(5)In this section—private certifier (class A) means a private certifier whose licence under the Building Act has development approval endorsement under that Act.
25Amendment of s 182 (Appointment and qualifications)
Section 182(1)—
omit, insert—(1)The chief executive may, by instrument in writing, appoint any of the following persons as an inspector—(a)an officer of a public sector entity;(b)another person prescribed by regulation.
26Amendment of sch 2 (Dictionary)
(1)Schedule 2, definition enforcement authority—
omit.(2)Schedule 2—
insert—community benefit agreement see section 106Y(1).development requiring social impact assessment means development prescribed to be development for which social impact assessment is required under section 106T(1).enforcement authority see section 160A(1).social impact, in relation to development requiring social impact assessment, see section 106R.social impact assessment report see section 106V.(3)Schedule 2, definition development condition, paragraph (b), ‘section 56 or 95(1)(d)’—
omit, insert—section 56(1)(b)(i), 95(1)(d)(i) or 106ZF(2)
(4)Schedule 2, definition excluded application, paragraph (c)(ii), ‘section 78A(4)’—
omit, insert—section 78A(4)(a)
(5)Schedule 2, definition properly made application, ‘section 51(5)’—
omit, insert—section 51(6)
(6)Schedule 2, definition standard conditions, ‘section 64(8)(c)’—
omit, insert—section 64(8)(d)
Part 4 Amendment of Planning and Environment Court Act 2016
This part amends the Planning and Environment Court Act 2016.See also the amendments in schedule 1.
28Amendment of s 11 (General declaratory jurisdiction)
(1)Section 11(2) and (3)—
omit, insert—(2)However—(a)a declaratory proceeding for a matter under the Planning Act, chapter 3, part 6, division 3 or part 6A may be started only under section 12; and(b)a declaratory proceeding for a matter stated in section 12A may be started only under that section.(3)Also, a person may not start a declaratory proceeding for a matter under—(a)the Planning Act, chapter 3, part 6, division 2; or(b)the Planning Act, section 106ZE or 106ZF.(2)Section 11(5)(a), ‘under the Planning Act’—
omit.(3)Section 11(5)(a), ‘section 106D of that Act’—
omit, insert—the Planning Act, section 106D
(4)Section 11(6), ‘subsection (2)’—
omit, insert—subsection (2)(a)
29Amendment of s 12, hdg (Declaratory jurisdiction for particular matters under Planning Act)
Section 12, heading, ‘Planning Act’—
omit, insert—Planning Act, ch 3, pts 6 and 6A
After section 12—
insert—12ADeclaratory jurisdiction for other particular matters under Planning Act
(1)A person may start a proceeding in the P&E Court for a declaration about a matter stated in, to be stated in or that should have been stated in a social impact assessment report for a development application or change application if the person is—(a)the applicant; or(b)if a development approval has been given for the application—the holder of the approval; or(c)the assessment manager or responsible entity for the application.(2)A person may start a proceeding in the P&E Court for a declaration about a matter stated in, to be stated in or that should have been stated in a community benefit agreement if—(a)the person is a party to the community benefit agreement; or(b)the proceeding relates to the enforcement of a condition of a development approval for development requiring social impact assessment that requires compliance with the community benefit agreement.(3)A person may start a proceeding in the P&E Court for a declaration about the imposition of, or a failure to impose, a condition on a development approval for development requiring social impact assessment under the Planning Act, section 65AA(2) or (3) if the person is—(a)the applicant for or holder of the development approval; or(b)the assessment manager or responsible entity for the application for the development approval.(4)Subsection (3) applies subject to section 11(3)(b).(5)A proceeding started under this section is a declaratory proceeding.(6)In this section—community benefit agreement see the Planning Act, section 106Y(1).development requiring social impact assessment see the Planning Act, schedule 2.responsible entity, for a change application, see the Planning Act, section 78A.social impact assessment report see the Planning Act, section 106V.
31Amendment of sch 1 (Dictionary)
(1)Schedule 1, definition declaratory proceeding—
omit.(2)Schedule 1—
insert—change application means a change application under the Planning Act.declaratory proceeding see sections 11(1), 12(3) and 12A(5).
This chapter amends the Economic Development Act 2012.
33Amendment of s 32Q (Appointment)
(1)Section 32Q, heading, after ‘Appointment’—
insert—and removal
(2)Section 32Q—
insert—(4)The Governor in Council may, at any time, remove the CEO from office.
34Omission of s 32V (Removal by Governor in Council)
Section 32V—
omit.
35Amendment of s 32W (Vacancy in office)
Section 32W(d)—
omit, insert—(d)is removed from office.
36Amendment of s 32ZD (Acting CEO)
(1)Section 32ZD, heading, after ‘CEO’—
insert——appointment and removal
(2)Section 32ZD—
insert—(3)The Governor in Council may, at any time, remove the acting CEO from office.
37Amendment of s 32ZK (Appointment)
(1)Section 32ZK, heading, after ‘Appointment’—
insert—and removal
(2)Section 32ZK—
insert—(5)The Governor in Council may, at any time, remove the executive officer from office.
38Omission of s 32ZP (Removal by Governor in Council)
Section 32ZP—
omit.
39Amendment of s 32ZQ (Vacancy in office)
Section 32ZQ(d)—
omit, insert—(d)is removed from office.
40Amendment of s 32ZW (Acting executive officer)
(1)Section 32ZW, heading, after ‘officer’—
insert——appointment and removal
(2)Section 32ZW—
insert—(3)The Governor in Council may, at any time, remove the acting executive officer from office.
41Amendment of s 134 (Terms and conditions of appointment and vacancy in office)
(1)Section 134(6)—
omit, insert—(6)The Governor in Council may, at any time, remove an appointed board member from office.(2)Section 134(7), ‘section 132(1)(d)’—
omit, insert—section 132(1)(c)
42Insertion of new s 139
After section 138—
insert—139Attendance by proxy—particular board members
(1)A board member mentioned in section 132(1)(a) or (b) may attend a meeting of the board by proxy.(2)The proxy holder—(a)may participate in the meeting, and vote, on the board member’s behalf; and(b)is to be counted for the purpose of deciding whether a quorum is present under section 138.
43Amendment of s 160 (Report about person’s criminal history for particular appointments)
Section 160(1), ‘section 132(1)(d)’—
omit, insert—section 132(1)(c)
This chapter amends the Brisbane Olympic and Paralympic Games Arrangements Act 2021.
45Amendment of s 3 (Main purposes of Act)
(1)Section 3(b), from ‘to ensure’—
omit, insert—to deliver authority venues, and monitor the delivery of other venues, in time for the games; and
(2)Section 3—
insert—(c)to facilitate the timely delivery of authority venues, other venues and villages for the games; and(d)to maximise the legacy benefits from the games.
46Amendment of s 5 (Definitions)
Section 5, ‘schedule 1’—
omit, insert—schedule 6
47Replacement of s 5A (Venues and villages)
Section 5A—
omit, insert—(1)A site or facility mentioned in schedule 1, column 1 is an authority venue for the Brisbane 2032 Olympic and Paralympic Games.(2)The games-related use for each authority venue is the use stated for the venue in schedule 1, column 2.(3)The legacy use for each authority venue is the use stated for the venue in schedule 1, column 3.(1)A site or facility mentioned in schedule 2, column 1 is an other venue for the Brisbane 2032 Olympic and Paralympic Games.(2)The games-related use for each other venue is the use stated for the venue in schedule 2, column 2.(3)The legacy use for each other venue is the use stated for the venue in schedule 2, column 3.(1)A site or facility mentioned in schedule 3, column 1 is a village for the Brisbane 2032 Olympic and Paralympic Games.(2)The games-related use for each village is the use stated for the village in schedule 3, column 2.(3)The legacy use for each village is the use stated for the village in schedule 3, column 3.5DDelivery of venues and villages
Delivery, of an authority venue, other venue or village, is both of the following—(a)completing the detailed design and construction of the venue or village for its games-related use, including any temporary structures;(b)ensuring the venue or village is fit for its games-related use.
48Amendment of s 10 (Requirements for performance of functions)
Section 10(1)—
insert—(f)have regard to decisions and advice of the leadership group mentioned in section 55A.
After section 36—
insert—36AAttendance at meetings by Minister’s nominee
(1)Each board meeting must be attended by a Minister’s nominee.(2)A person who attends a board meeting under subsection (1)—(a)may observe the meeting; and(b)may speak to the board only if invited to do so by the board; and(c)is entitled to receive the same information a director is entitled to receive relating to the meeting or other business of the board.(3)In this section—Minister’s nominee means—(a)a public service employee who is nominated by the Minister for the purpose of attending board meetings; or(b)another public service employee acting on behalf of the employee mentioned in paragraph (a).
50Amendment of s 46 (Requirement for meetings of particular committees)
(1)Section 46, heading, ‘particular’—
omit.(2)Section 46(1)—
omit.(3)Section 46(2), from ‘Each’ to ‘committee’—
omit, insert—Each meeting of a committee of the board
(4)Section 46(3), ‘subsection (2)’—
omit, insert—subsection (1)
(5)Section 46(2) to (4)—
renumber as section 46(1) to (3).
51Amendment of s 53AB (Legal status)
Section 53AB(2)—
omit.
After section 53AB—
insert—53ABA Authority represents the State
(1)The authority represents the State.(2)Without limiting subsection (1), the authority has the privileges and immunities of the State.
53Amendment of s 53AD (Functions)
Section 53AD(1)—
omit, insert—(1)The main functions of the authority are—(a)to seek 1 or more allocations of funding from the Queensland Government for each authority venue; and(b)to deliver each authority venue in time for the Brisbane 2032 Olympic and Paralympic Games in accordance with the allocated funding for the authority venue; and(c)to monitor the delivery of other venues; and(d)to ensure compliance with the relevant games agreements to the extent they relate to the delivery of an authority venue.
54Omission of s 53ADA (100-day review)
Section 53ADA—
omit.
55Replacement of s 53AE (Requirements for performance of functions)
Section 53AE—
omit, insert—53AE Requirements for performance of functions
In performing its functions, the authority must—(a)have regard to—(i)the financial resources of the authority, the corporation, the State and the Commonwealth that are available for the Brisbane 2032 Olympic and Paralympic Games; and(ii)the financial resources of local governments involved in hosting the games; and(iii)the legacy outcomes in relation to the authority venues, including any legacy strategy documents published by the Queensland Government from time to time; and(b)ensure compliance with requirements about the delivery of authority venues under the relevant games agreements; and(c)co-operate with the corporation and the chief executive of the department in good faith; and(d)have regard to decisions and advice of the leadership group mentioned in section 55A.
56Replacement of ch 3, pt 3 (Games governance and planning documents)
Chapter 3, part 3—
omit, insert—53AI Authority to give chief executive information and assistance relating to delivery of venues
(1)The chief executive of the department may ask the authority to give the chief executive stated information that—(a)is held or controlled by the authority and is reasonably required by the chief executive; and(b)relates to the delivery of an authority venue or other venue.(2)Also, the chief executive may ask the authority to make arrangements for any of the following within a stated reasonable period—(a)inspection by the chief executive of an authority venue to assess the progress made in delivering the authority venue;(b)attendance by the chief executive at a meeting with the authority to discuss progress made in delivering 1 or more authority venues or other venues;(c)attendance by the chief executive at each meeting held by the authority at which progress made in delivering authority venues or other venues is discussed.(3)The authority must comply with a request under subsection (1) or (2).(4)This section applies despite section 57 or any other obligation of the authority under an Act or law about confidentiality of the stated information.(5)The chief executive may delegate a function or power of the chief executive under this section to an appropriately qualified public service employee employed in the department.(6)In this section—information includes a document.
57Omission of ch 3, pt 4 (Provisions facilitating development for venues and villages)
Chapter 3, part 4—
omit.
58Amendment of s 53BF (Composition)
(1)Section 53BF(3) and (4)—
omit, insert—(3)The Minister may nominate a person only if the person is appropriately qualified.(2)Section 53BF—
insert—(8)Nothing in another Act or law prevents a person who is a member of the Legislative Assembly, including, for example, a Minister, holding the office of a director.(3)Section 53BF(5) to (8)—
renumber as section 53BF(4) to (7).
59Replacement of s 53BJ (Conditions of appointment)
Section 53BJ—
omit, insert—53BJ Conditions of appointment
(1)A director who is an elected office holder or public servant is not entitled to be paid any remuneration or allowances.(2)A director holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.(3)In this section—public servant means—(a)a public service employee; or(b)an APS employee under the Public Service Act 1999 (Cwlth).
60Amendment of s 53BL (Vacancy in office)
Section 53BL(f)—
omit.
61Insertion of new ch 3, pt 5, div 4, sdiv 3
Chapter 3, part 5, division 4—
insert—53CAA No duty to disclose particular information acquired in particular capacities
(1)This section applies to a director who—(a)is—(i)an elected office holder; or(ii)a member of the Australian Olympic Committee; or(iii)a member of the International Olympic Committee; or(iv)a member of the governing board of the International Paralympic Committee; and(b)has acquired or has access to information that—(i)is of a confidential nature; and(ii)has been given to the director in confidence in the director’s capacity as a person mentioned in paragraph (a)(i), (ii), (iii) or (iv); and(iii)is relevant to a matter being considered, or about to be considered, by the board.Examples of information in relation to which this section might apply—
•if the director is a Minister—documents related to Cabinet considerations or operations, or State or Commonwealth budgetary processes•if the director is a councillor of a local government—documents related to the local government’s budgetary processes•if the director is a member of the International Olympic Committee—documents of a confidential nature related to that committee(2)The director does not owe a duty to the authority to disclose the information.53CAB Councillors’ conflicts of interest
(1)This section applies in relation to a councillor who holds office as a director.(2)The conflict of interest provisions do not apply in relation to the councillor’s conflict of interest in a matter relating to the authority that arises solely because of the councillor holding office as a director.(3)In this section—conflict of interest provisions means—(a)for a councillor of the Brisbane City Council—the City of Brisbane Act 2010, chapter 6, part 2, division 5A; or(b)for another councillor—the Local Government Act 2009, chapter 5B.
62Amendment of s 53CD (Appointment)
(1)Section 53CD(1)—
omit, insert—(1)The Minister may, after consulting with the board, appoint a chief executive officer.(1A)For subsection (1)—(a)the board must give the Minister a list of recommended nominees identified by the board after conducting a recruitment process; and(b)the person appointed by the Minister must be a nominee recommended by the board.(2)Section 53CD—
insert—(5)For the Public Sector Act 2022, section 12, the chief executive officer is not a public sector employee.(3)Section 53CD(1A) to (5)—
renumber as section 53CD(2) to (6).
63Amendment of s 53CE (Term)
(1)Section 53CE(2)—
omit.(2)Section 53CE(3)—
renumber as section 53CE(2).
64Amendment of s 53CF (Conditions of appointment)
Section 53CF(1) and (2), from ‘decided’ to ‘Minister’—
omit, insert—decided by the Minister
65Amendment of s 53CL (Particular entities to give information, documents or assistance to authority)
(1)Section 53CL(1)—
insert—(f)a distributor-retailer;(g)any other government entity within the meaning of section 53EB.(2)Section 53CL—
insert—(4)Without limiting subsection (2), the entity must co-operate with the authority in relation to delivery of an other venue the entity is responsible for delivering.(5)The Government Owned Corporations Act 1993, section 117 does not limit the application of this section in relation to a government owned corporation.
After chapter 3—
insert—The purpose of this chapter is—(a)to facilitate—(i)the timely delivery of development for or relating to authority venues, other venues and villages; and(ii)the construction of games-related transport infrastructure; and(b)to protect the public interest in ensuring the State is—(i)ready to host the Brisbane 2032 Olympic and Paralympic Games; and(ii)able to perform its obligations under relevant games agreements about authority venues, other venues and villages; and(c)to facilitate legacy uses of authority venues, other venues and villages after the games.In this chapter—development see the Planning Act 2016.games-related transport infrastructure means transport infrastructure that—(a)has been identified, by the chief executive of the department in which the Transport Infrastructure Act 1994 is administered, as being required for the purpose mentioned in section 53DA(b); and(b)is mentioned in schedule 4.infrastructure includes land, roads, railways, facilities, services and works.necessary games infrastructure means infrastructure that is prescribed by regulation for this chapter.transport infrastructure means—(a)active transport infrastructure within the meaning of the Transport Planning and Coordination Act 1994, section 8A(3); or(b)air transport infrastructure within the meaning of the Transport Infrastructure Act 1994; or(c)busway transport infrastructure within the meaning of the Transport Infrastructure Act 1994; or(d)light rail transport infrastructure within the meaning of the Transport Infrastructure Act 1994; or(e)miscellaneous transport infrastructure within the meaning of the Transport Infrastructure Act 1994, section 416; or(f)other rail infrastructure within the meaning of the Transport Infrastructure Act 1994; or(g)public marine transport infrastructure within the meaning of the Transport Infrastructure Act 1994; or(h)public passenger transport infrastructure within the meaning of the Transport Planning and Coordination Act 1994; or(i)rail transport infrastructure within the meaning of the Transport Infrastructure Act 1994; or(j)a road on State toll road corridor land within the meaning of the Transport Infrastructure Act 1994; or(k)a State-controlled road within the meaning of the Transport Infrastructure Act 1994.use, of an authority venue, other venue or village, has the meaning given under the Planning Act 2016.This part applies to the following—(a)development, carried out after the commencement, for the construction of—(i)an authority venue, other venue or village, to the extent the development is for, or in relation to, a games-related use of the venue or village; or(ii)games-related transport infrastructure;(b)a games-related use or legacy use of an authority venue, other venue or village;(c)an activity carried out by a person for the purpose of development mentioned in paragraph (a).53DD Development, use or activity declared to be lawful
(1)The development, use or activity is taken to be lawful despite the following Acts (each a relevant Act)—(a)the City of Brisbane Act 2010;(b)the Coastal Protection and Management Act 1995;(c)the Economic Development Act 2012;(d)the Environmental Offsets Act 2014;(e)the Environmental Protection Act 1994;(f)the Fisheries Act 1994;(g)the Integrated Resort Development Act 1987;(h)the Local Government Act 2009;(i)the Nature Conservation Act 1992;(j)the Planning Act 2016;(k)the Queensland Heritage Act 1992;(l)the Regional Planning Interests Act 2014;(m)the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009;(n)the Vegetation Management Act 1999;(o)the Water Supply (Safety and Reliability) Act 2008.(2)Without limiting subsection (1), it is declared that—(a)a requirement under a relevant Act that would otherwise have to be complied with for the development, use or activity to be lawful is taken to have been complied with; and•a requirement under a relevant Act to obtain a licence, permit, agreement or other approval in relation to the development, use or activity•a requirement under a relevant Act to notify or consult other persons in relation to the development, use or activity•a requirement under a relevant Act to comply with the principles of procedural fairness in relation to the development, use or activity(b)a provision of a relevant Act, or action taken under a relevant Act, that would otherwise prohibit, restrict or limit the carrying out of the development, use or activity does not apply in relation to the development, use or activity; and(c)a person carrying out the development, use or activity does not commit an offence against a relevant Act.(3)Also, a civil proceeding may not be started against a person in relation to the development, use or activity if there is a reasonable prospect that the proceeding will prevent—(a)the timely delivery of an authority venue, other venue or village for the Brisbane 2032 Olympic and Paralympic Games; or(b)the timely completion of games-related transport infrastructure.(4)This section applies subject to sections 53DE and 53DF.53DE Building work—authority venues and other venues
(1)This section applies to building work within the meaning of the Planning Act 2016 for or relating to an authority venue or other venue, to the extent the building work is building work under the Building Act 1975.(2)The building work must comply with the relevant provisions for the building work.(3)In this section—relevant provisions, for building work under the Building Act 1975, see section 21(5) of that Act.(1)This section applies to building work within the meaning of the Planning Act 2016 for or relating to a village, to the extent the building work is building work under the Building Act 1975.(2)If, but for this chapter, the building work would be categorised as assessable development under the Planning Regulation 2017, schedule 9, a development permit must be obtained for the building work.(3)In this section—development permit see the Planning Act 2016.In this part—Aboriginal cultural heritage see the Aboriginal Cultural Heritage Act 2003.Aboriginal party, for a project area, has the meaning given under the Aboriginal Cultural Heritage Act 2003.chief executive (cultural heritage) means the chief executive of the department in which the cultural heritage Acts are administered.cultural heritage Act means—(a)the Aboriginal Cultural Heritage Act 2003; or(b)the Torres Strait Islander Cultural Heritage Act 2003.cultural heritage notice see section 53DI(1).default plan means the plan set out in schedule 5.games project means development, or a use or activity, mentioned in section 53DC(a), (b) or (c).harm—(a)to Aboriginal cultural heritage, see the Aboriginal Cultural Heritage Act 2003; or(b)to Torres Strait Islander cultural heritage, see the Torres Strait Islander Cultural Heritage Act 2003.negotiating party, for a part 3 plan for a project area, means the following persons—(a)the proponent;(b)each Aboriginal party or Torres Strait Islander party for the area, or part of the area, who has given the proponent a participation notice in response to a negotiation proposal.negotiation period, for a part 3 plan, see section 53DM.negotiation proposal, in relation to a part 3 plan, see section 53DJ(3), including as applied by section 53DL(2).part 3 plan, for a project area for a games project—(a)means a document developed under this part that sets out the process to be followed in the project area to minimise the risk of harm to Aboriginal cultural heritage or Torres Strait Islander cultural heritage being caused by the games project; and(b)includes a default plan that takes effect for the project area under section 53DS.participation notice see section 53DJ(3)(f).project area, for a games project, means the area within which the development, use or activity that is the subject of the project is to be carried out.proponent, for a games project, means the person carrying out, or proposing to carry out, the development, use or activity that is the subject of the project.Torres Strait Islander cultural heritage see the Torres Strait Islander Cultural Heritage Act 2003.Torres Strait Islander party, for a project area, has the meaning given by the Torres Strait Islander Cultural Heritage Act 2003.This part modifies the operation of the cultural heritage Acts in relation to a games project by—(a)providing for an alternative process for development of a cultural heritage management plan (known as a part 3 plan) by the proponent for the games project; and(b)providing for the part 3 plan to be an approved cultural heritage management plan for the purposes of the cultural heritage Acts; and(c)ensuring a person carrying out development, or a use or activity, mentioned in section 53DC in accordance with the part 3 plan does not commit an offence against a cultural heritage Act.53DI Proponent may give cultural heritage notice
(1)The proponent for a games project may give the chief executive of the department written notice (a cultural heritage notice) of the proponent’s intention to develop a part 3 plan for the project area for the project.(2)The notice must—(a)identify the authority venue, other venue or village, or the games-related transport infrastructure, that is the subject of the games project; and(b)be accompanied by a map or other description of the project area for the games project.(3)On the giving of the cultural heritage notice by the proponent—(a)no other cultural heritage notice may be given, by the same or another proponent, in relation to the same games project; and(b)a part 3 plan for the project area must be—(i)a plan negotiated under this part by the proponent and any Aboriginal party or Torres Strait Islander party for the project area or part of the area; or(ii)if division 5 applies, the default plan for the project area.53DJ Requirement for proponent to give negotiation proposal
(1)This section applies if—(a)the proponent gives the chief executive of the department a cultural heritage notice for a games project; and(b)either—(i)an Aboriginal party for the project area, or part of the project area, for the project is a native title party within the meaning of the Aboriginal Cultural Heritage Act 2003; or(ii)a Torres Strait Islander party for the project area, or part of the project area, for the project is a native title party within the meaning of the Torres Strait Islander Cultural Heritage Act 2003.(2)As soon as practicable after giving the cultural heritage notice, the proponent must give the Aboriginal party or Torres Strait Islander party a negotiation proposal.(3)For this section, a negotiation proposal is a written notice that—(a)includes a map or other description of the project area; and(b)if the person is an Aboriginal party or Torres Strait Islander party for part but not all of the project area—identifies the part of the project area for which the person is an Aboriginal party or Torres Strait Islander party; and(c)states that the proponent seeks to negotiate a part 3 plan with the person under this part; and(d)if there is more than 1 Aboriginal party or Torres Strait Islander party for the project area—(i)identifies each other Aboriginal party or Torres Strait Islander party for the project area; and(ii)states that the proponent seeks to negotiate a single part 3 plan for the project area with which all Aboriginal parties and Torres Strait Islander parties for the project area agree; and(e)offers to pay the person’s reasonable costs of negotiating the part 3 plan up to a stated maximum amount; and(f)asks the person to give the proponent a written notice (a participation notice) within a stated period if the person is willing to negotiate for a part 3 plan for the project area.(4)For subsection (3)(e), the maximum amount stated must not be more than the amount prescribed by regulation.(5)For subsection (3)(f), the stated period must be—(a)at least 14 days from the day the negotiation proposal is given to the person; but(b)if a maximum period is prescribed by regulation—not longer than the maximum period.53DK Requirement for proponent to give information notice
(1)This section applies if—(a)the proponent gives the chief executive of the department a cultural heritage notice for a games project; and(b)both of the following apply—(i)there is no Aboriginal party for the project area, or part of the project area, for the games project who is a native title party within the meaning of the Aboriginal Cultural Heritage Act 2003;(ii)there is no Torres Strait Islander party for the project area, or part of the project area, for the games project who is a native title party within the meaning of the Torres Strait Islander Cultural Heritage Act 2003.(2)As soon as practicable after giving the cultural heritage notice, the proponent must give the representative body for the project area, or any part of the project area, a written notice (an information notice) asking the representative body to give the proponent, within a stated period, the name and contact details of any person—(a)who is an Aboriginal party or Torres Strait Islander party for the area or part of the area; or(b)whom the representative body reasonably believes may be a party mentioned in paragraph (a).(3)For subsection (2), the stated period must be—(a)at least 14 days from the day the information notice is given to the representative body; but(b)if a maximum period is prescribed by regulation—not longer than the maximum period.(4)The proponent must also—(a)if there is an Aboriginal cultural heritage body or Torres Strait Islander cultural heritage body for the project area, or part of the project area—give the cultural heritage body a copy of the information notice; and(b)publish a notice stating that—(i)the proponent is seeking to negotiate, under this part, a part 3 plan for the project area; and(ii)each Aboriginal party or Torres Strait Islander party for the project area or part of the project area is invited to give the proponent written notice, within a stated period, if the party wishes to participate in the negotiations.(5)For subsection (4)(b), the notice must be published—(a)on the department’s website; and(b)on the website of the department in which the cultural heritage Acts are administered.(6)For subsection (4)(b)(ii), the stated period must be—(a)at least 14 days from the day the notice is published; but(b)if a maximum period is prescribed by regulation—not longer than the maximum period.(7)In this section—Aboriginal cultural heritage body, for a project area, has the meaning given under the Aboriginal Cultural Heritage Act 2003.representative body see the Native Title Act 1993 (Cwlth), section 253.Torres Strait Islander cultural heritage body, for a project area, has the meaning given under the Torres Strait Islander Cultural Heritage Act 2003.53DL Additional requirement to give negotiation proposal
(1)This section applies if the proponent—(a)has given an information notice under section 53DK; and(b)receives—(i)the name and contact details of an Aboriginal party or Torres Strait Islander party for the project area or part of the project area under section 53DK(2) (an identified party); or(ii)a written notice from an Aboriginal party or Torres Strait Islander party for the project area or part of the project area under section 53DK(4)(b)(ii) (also an identified party).(2)The proponent must give a negotiation proposal under section 53DJ to each identified party.53DM What is the negotiation period
(1)The negotiation period, for a part 3 plan for a project area, starts on the day after the following day—(a)if there is 1 Aboriginal party or Torres Strait Islander party for the project area—the day the proponent receives a participation notice from the party;(b)if there is more than 1 Aboriginal party or Torres Strait Islander party for the project area—the day the proponent receives the last participation notice.(2)The negotiation period for the part 3 plan ends on the day that is 60 days after the day mentioned in subsection (1).(3)If no Aboriginal party or Torres Strait Islander party is given a negotiation proposal under this part, there is no negotiation period for the part 3 plan.53DN Requirement to negotiate in good faith
(1)During the negotiation period for a part 3 plan, the negotiating parties must negotiate the terms of the plan in good faith.(2)If there are different Aboriginal parties and Torres Strait Islander parties for parts of the project area, all negotiating parties must negotiate with the aim of agreeing on the terms of a single part 3 plan for the whole project area.53DO Terms of part 3 plan agreed during negotiation period
(1)If, during the negotiation period for the part 3 plan, the negotiating parties agree on all of the terms of the plan—(a)the plan must be signed by each negotiating party; and(b)the proponent must give a copy of the signed plan to—(i)the chief executive of the department; and(ii)the chief executive (cultural heritage).(2)On the day subsection (1)(b) is complied with, the signed plan takes effect as, and is taken to be—(a)an approved cultural heritage management plan under the Aboriginal Cultural Heritage Act 2003 applying to all Aboriginal cultural heritage in the project area; and(b)an approved cultural heritage management plan under the Torres Strait Islander Cultural Heritage Act 2003 applying to all Torres Strait Islander cultural heritage in the project area.This division applies if, after the 40th day of the negotiation period for a part 3 plan but before the period has ended, the negotiating parties—(a)have not agreed on all of the terms of a part 3 plan for the project area; but(b)agree there is a reasonable prospect of all of the terms being agreed by mediation by the Land Court.(1)The negotiating parties may make a joint request to the Land Court for it to provide mediation to resolve the terms of the part 3 plan.(2)The Land Court may mediate the matter if the court considers it is suitable for mediation.(3)If, during the mediation period for the part 3 plan, the negotiating parties agree on all of the terms of the plan—(a)the plan must be signed by each negotiating party; and(b)the proponent must give a copy of the signed plan to—(i)the chief executive of the department; and(ii)the chief executive (cultural heritage).(4)On the day subsection (3)(b) is complied with, the signed plan takes effect as, and is taken to be—(a)an approved cultural heritage management plan under the Aboriginal Cultural Heritage Act 2003 applying to all Aboriginal cultural heritage in the project area; and(b)an approved cultural heritage management plan under the Torres Strait Islander Cultural Heritage Act 2003 applying to all Torres Strait Islander cultural heritage in the project area.(5)If subsection (3) does not apply, the mediation ends on the last day of the mediation period for the plan.(6)In this section—mediation period, for a part 3 plan, means the period—(a)starting on the day the joint request is made under subsection (1); and(b)ending on the day the negotiation period for the plan ends.This division applies if—(a)the proponent gives the chief executive of the department a cultural heritage notice for a games project; and(b)any of the following apply—(i)no Aboriginal party or Torres Strait Islander party for any part of the project area for the project has been given a negotiation proposal under division 2;(ii)no Aboriginal party or Torres Strait Islander party for the area has given the proponent a participation notice in response to a negotiation proposal and the period for giving a participation notice has ended;(iii)the negotiation period for a part 3 plan for the area ends without the negotiating parties agreeing on all of the terms of the plan.53DS When default plan takes effect
(1)On the relevant day, the default plan takes effect as, and is taken to be—(a)an approved cultural heritage management plan under the Aboriginal Cultural Heritage Act 2003 applying to all Aboriginal cultural heritage in the project area; and(b)an approved cultural heritage management plan under the Torres Strait Islander Cultural Heritage Act 2003 applying to all Torres Strait Islander cultural heritage in the project area.(2)However, if section 53DR(b)(i) applies, the default plan does not apply to the extent it would otherwise require the proponent to notify or consult an Aboriginal party or Torres Strait Islander party for the project area, or part of the project area.(3)The proponent must give a written notice to each other negotiating party stating that, under this division, the default plan has taken effect as the approved cultural heritage management plan for the project area for the purposes of the cultural heritage Acts.(4)In this section—relevant day means—(a)if section 53DR(b)(i) applies—the day after the period stated in the information notice under section 53DK(2) ends; or(b)if section 53DR(b)(ii) applies—the day after the last period for giving a participation notice ends; or(c)if section 53DR(b)(iii) applies—the day after the negotiation period ends.53DT Lawfulness of development, use or activity carried out in accordance with plan
(1)This section applies if a part 3 plan, for the project area for a games project, has taken effect under section 53DO(2), 53DQ(4) or 53DS(1).(2)A person carrying out development, or a use or activity, for the games project in accordance with the plan does not commit an offence against a cultural heritage Act.53DU Limitation on provisions about stop orders and injunctions
(1)This section applies if the proponent for a games project has given the chief executive for the department a cultural heritage notice, whether or not a part 3 plan for the project area for the games project has taken effect.(2)A stop order must not be given under a cultural heritage Act for an activity that is part of the games project.(3)A group, or a member of a group, can not apply to the Land Court for an injunction under the Land Court Act 2000, section 32H to stop the doing of an act that is part of the games project.53DV Amending or replacing part 3 plan settled by negotiating parties
(1)A part 3 plan that has taken effect under section 53DO(2) or 53DQ(4) may be amended or replaced by the negotiating parties by a written agreement (the amending agreement) that is signed by each negotiating party.(2)The proponent must give a copy of the amending agreement to—(a)the chief executive of the department; and(b)the chief executive (cultural heritage).53DW Amending or replacing default plan that has taken effect
(1)This section applies if the default plan has taken effect under section 53DS(1).(2)The default plan can not be amended or replaced by the negotiating parties.(3)Subsection (4) applies if, after the relevant day within the meaning of section 53DS, an Aboriginal party or Torres Strait Islander party for the project area becomes a native title party for the area or part of the area.(4)Without limiting subsection (2)—(a)the proponent is not required to give the Aboriginal party or Torres Strait Islander party a negotiation proposal; and(b)the default plan continues in effect for the purposes mentioned in section 53DS(1).53DX Immunity from prosecution
Nothing in this part makes the State liable to prosecution under an Act for acts or omissions under this part in relation to harm caused to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.53EA Use of necessary games infrastructure
(1)This section applies in relation to—(a)development mentioned in section 53DC(a); or(b)a use mentioned in section 53DC(b).(2)A relevant entity is entitled to access or connect to, or otherwise use, any necessary games infrastructure for the purposes of the development or use.(3)If a thing done under subsection (2) would, but for this section, require an authorisation under another Act—(a)the authorisation is taken to have been given or made under that Act; and(b)the thing is taken to be done in accordance with the authorisation.(4)In this section—authorisation, under another Act, includes an approval, licence, permit, agreement or other authorisation under that Act, however described.relevant entity means—(a)the authority; or(b)another entity carrying out the development or use mentioned in subsection (1); or(c)an entity for whom the development or use mentioned in subsection (1) is being carried out.53EB Requirements for particular entities that own or control necessary games infrastructure
(1)This section applies if necessary games infrastructure is owned or controlled by any of the following entities (each an infrastructure entity)—(a)a distributor-retailer;(b)a government entity;(c)a local government.(2)The Minister may give the infrastructure entity a written notice asking the entity to give the Minister stated information about the necessary games infrastructure, including information about the provision or maintenance of the infrastructure.(3)The infrastructure entity must comply with the request within a reasonable period.(4)Also, the Minister may give a written direction to the infrastructure entity to provide or maintain the necessary games infrastructure.(5)However, a direction may be given under subsection (4) only if the Minister considers—(a)both of the following apply—(i)a relevant entity is entitled to access, connect to or otherwise use the necessary games infrastructure under section 53EA;(ii)the infrastructure entity has not given the relevant entity access or connection to, or the opportunity to use, the infrastructure; or(b)the necessary games infrastructure is otherwise required for the delivery of an authority venue, other venue or village or the construction of games-related transport infrastructure.(6)The direction may include—(a)conditions on which the provision or maintenance of the necessary games infrastructure must be carried out; and(b)particular actions the infrastructure entity must take to give effect to the provision or maintenance of the infrastructure.(7)The infrastructure entity must—(a)comply with the direction; and(b)bear any costs of complying with the direction.(8)Subsection (7) applies despite any other Act or law.(9)If the infrastructure entity is a government owned corporation—(a)without limiting subsection (8), it is declared that the Government Owned Corporations Act 1993, section 117 does not limit the giving of a direction to the entity under this section; and(b)the entity’s obligation under subsection (7) to comply with the direction applies even if the direction is contrary to the entity’s statement of corporate intent under that Act.(10)This section does not limit section 53EA.(11)In this section—government entity means a government entity within the meaning of the Public Sector Act 2022, section 276.relevant entity see section 53EA.The purpose of this part is to enable a contribution to be recovered, from the owners of land on which villages are located, towards infrastructure costs in relation to each of the following—(a)development for villages to which part 2 applies;(b)uses of villages to which part 2 applies;(c)access or connection to, or other use of, necessary games infrastructure for the purposes of development mentioned in paragraph (a) or uses mentioned in paragraph (b).53ED Regulation prescribing matters about village infrastructure charges
A regulation may prescribe any of the following matters—(a)development for, or a use of, a village to which part 2 applies in relation to which a village infrastructure charge may be imposed under this part;(b)necessary games infrastructure for which a village infrastructure charge may be imposed under this part;(c)the amount of a village infrastructure charge, or the way the amount of the charge must be worked out;(d)the entities to which a village infrastructure charge may be payable.53EE Imposition of village infrastructure charge
(1)This section applies if—(a)development prescribed for section 53ED(a) is being or has been carried out for a village; or(b)there is or has been a use of a village prescribed for section 53ED(a); or(c)necessary games infrastructure prescribed for section 53ED(b) is being or has been accessed, connected to or otherwise used in relation to a village.(2)The Minister may impose a charge (a village infrastructure charge) on the owner of land on which all or part of the village is located.(3)The village infrastructure charge must be worked out and imposed in accordance with a regulation made under section 53ED.(4)The Minister must give the owner of the land a notice stating each of the following matters in relation to the village infrastructure charge—(a)the amount of the charge;(b)how the charge has been worked out;(c)the land on which the village is located to which the charge relates;(d)when the charge is payable;(e)the entity to which the charge is payable;(f)any other information prescribed by regulation.(5)The village infrastructure charge—(a)is payable by the owner of the land; and(b)attaches to the land on which the village is located.53EF Exemption from infrastructure charges under other Acts
(1)This section applies in relation to an infrastructure charge that would, but for this section, be payable by an entity in relation to—(a)development mentioned in section 53DC(a); or(b)a use mentioned in section 53DC(b); or(c)connection or access to, or other use of, necessary games infrastructure under section 53EA.(2)The entity is not liable to pay the infrastructure charge.(3)In this section—infrastructure charge—(a)means—(i)a charge, however described, in relation to infrastructure under the Economic Development Act 2012; or(ii)a charge, however described, in relation to infrastructure under the Planning Act 2016; or(iii)a charge, however described, in relation to infrastructure under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009; or(iv)any other financial contribution or charge, however described, in relation to infrastructure provided for under another Act; but(b)does not include a charge for the ongoing provision of water, gas, electricity or another service using the infrastructure.a charge payable, under the Water Supply (Safety and Reliability) Act 2008, for the ongoing supply of water53EG Particular decisions are final
(1)Unless the Supreme Court decides a relevant decision is affected by jurisdictional error, the decision—(a)is final and conclusive; and(b)can not be challenged, appealed against, reviewed, quashed, set aside or called into question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.(2)The Judicial Review Act 1991, part 5 applies to a relevant decision only to the extent it is affected by jurisdictional error.(3)In this section—relevant decision means a decision or purported decision of an administrative character that—(a)is related to—(i)the delivery of an authority venue, other venue or village; or(ii)the construction of games-related transport infrastructure; or(iii)the making of a part 3 plan under part 3; and(b)is either—(i)made, proposed to be made, or required to be made, under this chapter, whether or not in the exercise of a discretion; or(ii)made or proposed to be made, under a non-statutory scheme or program involving payment of money for the purposes of delivery of an authority venue, other venue or village, by—(A)the Minister; or(B)the chief executive of the department; or(C)the authority; or(D)the board or a director of the authority; or(E)the chief executive officer or a member of the authority’s staff.
67Amendment, relocation and renumbering of s 54A (Funding agreements)
(1)Section 54A(1), ‘Each games entity’—
omit, insert—The corporation
(2)Section 54A(2) to (4), ‘games entity’—
omit, insert—corporation
(3)Section 54A—
relocate and renumber as section 10A.
After section 55—
insert—(1)There is to be a group called the Games Leadership Group.(2)Subject to subsection (3), the membership of the group is to be decided by the Minister.(3)The group must include—(a)at least 1 representative of the Queensland Government; and(b)at least 1 representative of the Commonwealth Government; and(c)at least 1 representative of the Brisbane City Council; and(d)at least 1 representative of the corporation; and(e)at least 1 representative of the authority.(4)The main functions of the group are—(a)to provide strategic direction in relation to the delivery of the Brisbane 2032 Olympic and Paralympic Games, including compliance with obligations under the host contract; and(b)to facilitate collaborative decision-making by the games entities and help resolve critical issues; and(c)to provide oversight and advice to the games entities in relation to matters affecting both games entities.(5)The Minister must ensure a games entity is notified of any decision or advice of the group that relates to the performance of a function by the games entity.
69Amendment of s 63 (Interim chief executive officer)
(1)Section 63(3)(a), ‘by the board of the authority’—
omit, insert—by the Minister
(2)Section 63(4A), ‘or 53CK’—
omit, insert—, 53CK or 53EG
70Insertion of new ch 5, pt 3
Chapter 5—
insert—Part 3 Transitional provisions for Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025
In this part—former, in relation to a provision of this Act, means the provision as in force from time to time before the commencement of the transitional provision in which the term is used.new, in relation to a provision of this Act, means the provision as in force on the commencement of the transitional provision in which the term is used.transitional provision means a provision of this part.New section 53BL applies in relation to a director holding office after the commencement, whether the director was appointed before or after the commencement.68Existing appointment of chief executive officer of authority
(1)This section applies if, immediately before the commencement, a person held office under former section 53CD as the chief executive officer of the authority.(2)The person is taken to be appointed by the Minister under new section 53CD on the same terms and conditions that were decided by the board under former section 53CF.
71Amendment and renumbering of sch 1 (Dictionary)
(1)Schedule 1, definitions acquisition land, development, transport and mobility strategy, venue and village—
omit.(2)Schedule 1—
insert—Aboriginal cultural heritage, for chapter 3A, part 3, see section 53DG.Aboriginal party, for a project area, for chapter 3A, part 3, see section 53DG.authority venue see section 5A(1).chief executive (cultural heritage), for chapter 3A, part 3, see section 53DG.cultural heritage Act, for chapter 3A, part 3, see section 53DG.cultural heritage notice, for chapter 3A, part 3, see section 53DI(1).default plan, for chapter 3A, part 3, see section 53DG.delivery, of an authority venue, other venue or village, see section 5D.development, for chapter 3A, see section 53DB.distributor-retailer means a distributor-retailer established under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.games project, for chapter 3A, part 3, see section 53DG.games-related transport infrastructure, for chapter 3A, see section 53DB.games-related use—(a)for an authority venue, see section 5A(2); or(b)for an other venue, see section 5B(2); or(c)for a village, see section 5C(2).harm, to Aboriginal cultural heritage or Torres Strait Islander cultural heritage, for chapter 3A, part 3, see section 53DG.infrastructure, for chapter 3A, see section 53DB.legacy use—(a)for an authority venue, see section 5A(3); or(b)for an other venue, see section 5B(3); or(c)for a village, see section 5C(3).necessary games infrastructure, for chapter 3A, see section 53DB.negotiating party, for a part 3 plan for a project area, for chapter 3A, part 3, see section 53DG.negotiation period, for a part 3 plan, for chapter 3A, part 3, see section 53DM.negotiation proposal, in relation to a part 3 plan, for chapter 3A, part 3, see section 53DG.other venue see section 5B(1).part 3 plan, for a project area for a games project, for chapter 3A, part 3, see section 53DG.participation notice, for chapter 3A, part 3, see section 53DG.project area, for a games project, for chapter 3A, part 3, see section 53DG.proponent, for a games project, for chapter 3A, part 3, see section 53DG.relevant games agreement means—(a)the host contract; or(b)an agreement entered into by the State to enable it to enter into the host contract; or(c)an agreement entered into for the primary purpose of supporting the delivery of authority venues.Torres Strait Islander cultural heritage, for chapter 3A, part 3, see section 53DG.Torres Strait Islander party, for a project area, for chapter 3A, part 3, see section 53DG.transport infrastructure, for chapter 3A, see section 53DB.use, of an authority venue, other venue or village, for chapter 3A, see section 53DB.village see section 5C(1).village infrastructure charge see section 53EE(2).(3)Schedule 1—
renumber as schedule 6.
After chapter 5—
insert—section 5A
Column 1
Column 2
Column 3
Description of site or facility
Games-related use
Legacy use
a stadium to be located on land within the precinct known as Victoria Park, Herston Road, Herston 4006
a new stadium with seating for approximately 60,000 people, including a warm-up track and associated facilities
stadium with permanent seating for approximately 63,000 people and associated facilities
a facility to be known as the National Aquatic Centre, to be located on land within the precinct known as Victoria Park, Gregory Terrace, Spring Hill 4006
a new national aquatic centre, including main and secondary indoor pools, with seating for approximately 25,000 people
national aquatic centre, including main and secondary indoor pools, with permanent seating for approximately 8,000 people
a facility to be known as Logan Indoor Sports Centre to be located on land at Democracy Way, Logan Central 4114
a new indoor venue with 9 multipurpose courts and seating for approximately 7,000 people
indoor multisport and event venue with seating for approximately 600 people
a facility to be known as Moreton Bay Indoor Sports Centre to be located on land within The Mill at Moreton Bay Priority Development Area under the Economic Development Act 2012
a new indoor venue with 12 multipurpose courts and seating for approximately 10,000 people
indoor multisport and event venue
a facility known as the Sunshine Coast Stadium located at 320 Nicklin Way, Bokarina 4575
an upgraded stadium with seating for up to 20,000 people, including associated facilities
a stadium with permanent seating for approximately 10,000 people, including associated facilities
a facility to be known as the Sunshine Coast Mountain Bike Centre to be located on land at Parklands Conservation Park, 348 Yandina Bli Bli Road, Parklands 4560
a new facility for mountain bike training and competitions
a facility for mountain biking and nature-based recreational activities
a facility to be known as the Redland Whitewater Centre to be located at Old Cleveland Road East, Birkdale 4159
a new facility for whitewater sports training and competitions with temporary seating for approximately 8,000 people, including an integrated warm-up channel
a facility for outdoor recreation, water-based activities, whitewater sports and emergency response training activities
a facility known as the Queensland Tennis Centre located at King Arthur Terrace, Tennyson 4105
an upgraded facility including 1 additional show court, training courts and associated facilities for tennis competitions and training
tennis centre for competitions and training
a facility known as the Toowoomba Showgrounds located at Harvey Road, Glenvale 4350
an upgraded facility comprising arenas, fields and associated facilities for equestrian competitions and training
showgrounds, including use for equestrian competitions and training
a facility known as the Brisbane International Shooting Centre located at 1485 Old Cleveland Road, Belmont 4153
an upgraded facility comprising 4 shooting ranges and associated facilities for shooting competitions and training
venue for shooting competitions and training, including complementary multipurpose facility
a facility known as the Brisbane Aquatic Centre located at Sleeman Sports Complex, 1699 Old Cleveland Road, Chandler 4155
an upgraded aquatic venue
aquatic venue for community and high performance use
a facility for parasport to be located at Sleeman Sports Complex, 1699 Old Cleveland Road, Chandler 4155
a new venue dedicated to parasport for competitions and training
dedicated parasport venue for community and high performance use
a facility known as the Chandler Sports Precinct located at Sleeman Sports Complex, 1699 Old Cleveland Road, Chandler 4155
an upgraded facility including works ensuring connectivity and accessibility between venues within the Chandler Sports Precinct
sports precinct
a facility known as the Anna Meares Velodrome located at Sleeman Sports Complex, 1699 Old Cleveland Road, Chandler 4155
an existing venue comprising an international competition-standard velodrome and associated facilities
international competition- standard velodrome and associated facilities
a facility known as the Brisbane SX International BMX Centre located at Sleeman Sports Complex, 1699 Old Cleveland Road, Chandler 4155
an existing venue comprising an international competition-standard BMX centre
international competition-standard BMX centre
a facility known as Barlow Stadium Park located on land bounded by Scott Street, Spence Street and Severin Street, Parramatta Park 4870
an upgraded stadium with seating for 20,000 people and associated facilities
stadium with permanent seating for approximately 5,000 people and associated facilities
a facility for rowing located on the Fitzroy River and adjacent land near Rockhampton Fitzroy Rowing Club, 30 Harman Street, Wandal 4700
an upgraded land and water-based rowing facility, and associated facilities
rowing facilities
section 5B
Column 1
Column 2
Column 3
Description of site or facility
Games-related use
Legacy use
a facility to be known as the Gold Coast Arena to be located at Carey Park, Marine Parade, Southport 4215
a new arena with seating for up to 18,000 people
arena with seating for up to 18,000 people
a facility known as the Gold Coast Hockey Centre located at Musgrave Avenue, Labrador 4215
an upgraded hockey centre and associated facilities
hockey centre and associated facilities
section 5C
This schedule deliberately left blank.section 53DB, definition games-related transport infrastructure
This schedule deliberately left blank.section 53DG, definition default plan
73Amendment of s 17 (Composition)
(1)Section 17(1) to (4)—
omit, insert—(1)The board consists of the following persons (each a director)—(a)up to 3 persons nominated by the Minister as independent directors in accordance with section 18;See also section 25 in relation to the president of the board.(b)1 person nominated by the Minister as a representative of the Queensland Government in accordance with section 19;See also section 26 in relation to the vice president of the board.(c)1 person nominated by the Prime Minister in accordance with section 19;(d)1 person nominated by the Lord Mayor in accordance with section 19;(e)1 person nominated by the mayor of the Gold Coast City Council in accordance with section 19;(f)1 person nominated by the mayor of the Sunshine Coast Regional Council in accordance with section 19;(g)1 person who—(i)has competed for Australia at either or both of the 2 Olympic Games held most recently before the person’s appointment; and(ii)has been elected by athletes who have competed at either or both of those Olympic Games, as confirmed in writing by the Australian Olympic Committee;(h)1 person who—(i)has competed for Australia at either or both of the 2 Paralympic Games held most recently before the person’s appointment; and(ii)has been either elected by athletes who have competed at either or both of those Paralympic Games or selected by the Paralympics Australia Athletes’ Commission, as confirmed in writing by Paralympics Australia;(i)the president of the Australian Olympic Committee;(j)an honorary life president of the Australian Olympic Committee;(k)the president of Paralympics Australia;(l)any person who is a member of the International Olympic Committee from Australia;(m)any person who is a member of the governing board of the International Paralympic Committee residing in Australia.(2)However, the office mentioned in subsection (1)(l) or (m) is taken not to be filled if the only person mentioned in that subsection is a director holding office under subsection (1)(i), (j) or (k).(3)Each of the directors mentioned in subsection (1)(a) to (h) is a nominated director.(2)Section 17(5) to (7)—
renumber as section 17(4) to (6).
74Amendment of s 18 (Nomination of independent directors)
(1)Section 18(1), ‘section 17(1)(h)’—
omit, insert—section 17(1)(a)
(2)Section 18(4) to (7)—
omit, insert—(4)In considering the proposed nomination, the Minister must have regard to each of the following—(a)the person’s skills, knowledge and experience in areas relevant to the performance of the board’s functions;(b)the diversity of the skills, knowledge and experience of the board’s directors relevant to the board’s functions;(c)the Queensland Government’s policy about gender equity on boards;(d)the diversity of the board’s directors.
Sections 19 and 20—
omit, insert—19Requirements for particular nominations
(1)This section applies in relation to the nomination of a person for section 17(1)(b) to (f).(2)The person must be appropriately qualified.(3)In considering the proposed nomination, the nominating entity must have regard to each of the following—(a)the person’s skills, knowledge and experience in areas relevant to the performance of the board’s functions;(b)the diversity of the skills, knowledge and experience of the board’s directors relevant to the board’s functions;(c)the Queensland Government’s policy about gender equity on boards;(d)the diversity of the board’s directors.(4)In this section—nominating entity means—(a)for a nomination for section 17(1)(b)—the Minister; or(b)for a nomination for section 17(1)(c)—the Prime Minister; or(c)for a nomination for section 17(1)(d)—the Lord Mayor; or(d)for a nomination for section 17(1)(e) or (f)—the mayor.
76Amendment of s 23 (Vacancy in office)
(1)Section 23(1)(f) and (g)—
omit, insert—(f)for a nominated director mentioned in section 17(1)(a)—the director no longer meets the requirement under section 18(3); or(g)for a nominated director mentioned in section 17(1)(c), (d), (e), (f), (g) or (h)—the nominating entity gives the Minister a written notice stating that the nominating entity wishes to vacate the director’s office; or(2)Section 23(1)(h), ‘section 17(1)(i)’—
omit, insert—section 17(1)(c)
(3)Section 23(1)(i), ‘section 17(1)(j)’—
omit, insert—section 17(1)(b)
(4)Section 23(1)(i)—
relocate and renumber as section 23(1)(ga).(5)Section 23(2), example, from ‘section 17(1)(c)’ to ‘chief executive officer’—
omit, insert—section 17(1)(i)–the person holding office stops being the president
(6)Section 23(3), definition nominating entity—
omit, insert—nominating entity means—(a)for a nominated director mentioned in section 17(1)(c)—the Prime Minister; or(b)for a nominated director mentioned in section 17(1)(d)—the Lord Mayor; or(c)for a nominated director mentioned in section 17(1)(e) or (f)—the mayor; or(d)for a nominated director mentioned in section 17(1)(g)—the Australian Olympic Committee; or(e)for a nominated director mentioned in section 17(1)(h)—Paralympics Australia.(7)Section 23(3), definition relevant political party, ‘section 17(1)(i) or (j)’—
omit, insert—section 17(1)(b) or (c)
77Amendment of s 25 (President)
(1)Section 25(1), ‘section 17(1)(h)’—
omit, insert—section 17(1)(a)
(2)Section 25(2) and (4)—
omit.(3)Section 25(3)—
renumber as section 25(2).
78Replacement of s 26 (Vice presidents)
Section 26—
omit, insert—(1)The nominated director holding office under section 17(1)(b) is the vice president of the board.(2)The vice president’s role is decided by the president.
79Amendment, relocation and renumbering of s 27 (Appointment and term)
(1)Section 27(1), from ‘, or appointed’ to ‘vice president,’—
omit.(2)Section 27(2) to (4), ‘or vice president’—
omit.(3)Section 27(3), after ‘nominated director’—
insert—holding office under section 17(1)(a)
(4)Section 27—
relocate and renumber as section 25A.
80Amendment of s 33 (Presiding)
(1)Section 33(2), ‘a vice president appointed under section 26(2)’—
omit, insert—the vice president under section 26
(2)Section 33(3) and (4)—
omit, insert—(3)If the president and the vice president are both absent from a board meeting, a director chosen by the directors present is to preside.
81Amendment of s 34 (Quorum)
Section 34, ‘a vice president’—
omit, insert—the vice president
82Amendment of s 35 (Voting)
Section 35(3), ‘president or vice president’—
omit, insert—director
83Amendment of s 44 (Councillors’ conflicts of interest)
Section 44(1), ‘the Lord Mayor or another councillor’—
omit, insert—a councillor
84Insertion of new ch 5, pt 3, div 3
Chapter 5, part 3, as inserted by this Act—
insert—69Board of corporation—particular directors vacate office
(1)This section applies to a person who, immediately before the commencement, held office as a director of the board of the corporation under section 17(1)(c), (h), (i), (j), (k), (l) or (m) as in force immediately before the commencement.(2)On the commencement, the person goes out of office.(3)No compensation is payable to the person because of subsection (2).
85Amendment of sch 6 (Dictionary)
Schedule 6, definition nominated director, ‘section 17(4)’—
omit, insert—section 17(3)
Schedule 1 amends the legislation it mentions.
1Schedule 2, definition properly made application, paragraph (a)(i), ‘section 79(2)(a)’—
omit, insert—section 79(4)(a)
2Schedule 2, definition properly made application, paragraph (a)(ii), ‘section 79(2)(c) or (d)’—
omit, insert—section 79(4)(c) or (d)
3Schedule 2, definition properly made application, paragraph (a)(ii), editor’s note—
omit.
insert—For changes to a social impact assessment report or community benefit agreement for a development application before the application is decided, see also sections 106X and 106ZA.
insert—For a development application for development requiring social impact assessment, see also section 106ZI.
insert—For a development application for development requiring social impact assessment, see also section 106ZI.
4Section 68(2)(a), ‘section 51(5)’—
omit, insert—section 51(6)
insert—For change representations for a development approval for development requiring social impact assessment, see also section 106ZI.
6Section 81(2)(e), ‘section 78A(4)’—
omit, insert—section 78A(4)(a)
insert—For a change application relating to development requiring social impact assessment, see also section 106ZI.
insert—For a change application relating to development requiring social impact assessment, see also section 106ZI.
9Section 82(3)(d), ‘section 78A(4)’—
omit, insert—section 78A(4)(a)
10Section 82(6), definition relevant provisions, paragraph (c), ‘64(8)(c)’—
omit, insert—64(8)(d)
insert—For an extension application for a development approval for development requiring social impact assessment, see also section 106ZI.
insert—For limitations on appeal rights in relation to a development approval for development requiring social impact assessment, see section 106ZJ.
13Schedule 1, section 1(1)—
insert—For limitations on appeal rights in relation to a development approval for development requiring social impact assessment, see section 106ZJ.
1Section 45(2), ‘under the Planning Act’—
omit.
2Section 46(4), ‘under the Planning Act, section 78,’—
omit.
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