State Development and Public Works Organisation Regulation 2010

1Short title

This regulation may be cited as the State Development and Public Works Organisation Regulation 2010.

2Delegated power under repealed Industrial Development Act 1963—Act, s 10(1)

The Coordinator-General has the function of exercising a power delegated to the Coordinator-General under the repealed Industrial Development Act 1963, section 7.

s 2 amd 2013 SL No. 2 s 21

3Definitions for pt 3

In this part—

affected area means the areas shown on drawings 100118, 100119 and 100120, prepared by Queensland Water Infrastructure and dated February 2007, as Wyaralong Dam affected areas.

Editors note—

The drawings may be inspected on the department’s website.

authorised works submission means Queensland Water Infrastructure’s report of March 2007 called ‘Submission to Coordinator-General for authorised works for proposed Traveston Crossing Dam and Wyaralong Dam’ to the extent that it relates to the proposed Wyaralong Dam.

dam site project works means Wyaralong Dam works.

geo-technical investigations means investigations to determine the engineering feasibility of constructing a dam, including investigations of matters reasonably connected with, or incidental to, constructing a dam, on any part of the affected area.

Queensland Water Infrastructure means Queensland Water Infrastructure Pty Ltd (ACN 119 634 427).

reserved works means the parts of the dam site project works that, in the circumstances, can only be carried out with the exercise of a power the Coordinator-General may exercise under the Act only for or in connection with works undertaken by the Coordinator-General.

Wyaralong Dam works means the works reasonably connected with, or incidental to, carrying out the measure listed in the Water Regulation 2002, schedule 10B, item 13.

4Queensland Water Infrastructure directed to undertake particular works—Act, s 100

(1)Subsection (2) is a direction for section 100 of the Act.

(2)Queensland Water Infrastructure must undertake all parts of the dam site project works that are not reserved works.

5Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the following works in the affected area—

(a)geo-technical investigations;

(b)activities relating to cultural heritage and plant and animal surveys;

(c)reserved works.

6Coordinator-General to keep particular documents available for inspection

The Coordinator-General must keep the drawings mentioned in section 3, definition affected area available for inspection on the department’s website.

7Definitions for pt 4

In this part—

drought contingency report means the document titled ‘Report on the Drought Contingency Projects—January 2009’ held by the department and published on its website.

eastern pipeline inter-connector project works means the works reasonably connected with, or incidental to—

(a)carrying out early incidental works, land purchasing, surveys, planning and proposed investigations for the eastern pipeline inter-connector described in the drought contingency report; or

(b)the construction of the mainland works, for the eastern pipeline inter-connector, as described in the drought contingency report.

Kuraby inter-connector project preliminary works means the works reasonably connected with, or incidental to, the carrying out of early incidental works, land purchasing, surveys, planning and investigations for the construction of a pipeline from the southern regional water pipeline to the pipeline connecting the Illaweena and Kuraby reservoirs, as described in the drought contingency report.

Lowood to Lake Wivenhoe project works means the works reasonably connected with, or incidental to, the construction of the pipeline to discharge water into Lake Wivenhoe as described in the drought contingency report.

northern pipeline inter-connector stage 1 project works means the works reasonably connected with, or incidental to, the construction of stage 1 of the northern pipeline inter-connector described in the drought contingency report.

northern pipeline inter-connector stage 2 construction project works means the works reasonably connected with, or incidental to, the construction of the pipeline between the Noosa water treatment plant and the northern pipeline inter-connector stage 1 pipeline near Eudlo, and associated works, mentioned in the drought contingency report.

northern pipeline inter-connector stage 2 project works means the works for stage 2 of the northern pipeline inter-connector that are reasonably connected with, or incidental to, carrying out early incidental works, land purchasing, surveys, planning and proposed investigations described in the drought contingency report.

project works means any of the following—

(a)the south east Queensland (Gold Coast) desalination facility facilitation project works;

(b)the south east Queensland (Gold Coast) desalination facility construction project works;

(c)the southern regional water pipeline project works;

(d)the eastern pipeline inter-connector project works;

(e)the northern pipeline inter-connector stage 1 project works;

(f)the northern pipeline inter-connector stage 2 project works;

(g)the western corridor recycled water project works;

(h)the Toowoomba pipeline project preliminary works;

(i)the Toowoomba pipeline project works;

(j)the Kuraby inter-connector project preliminary works;

(k)the northern pipeline inter-connector stage 2 construction project works.

reserved works, in relation to each of the project works, means the parts of the project works that, in the circumstances, can only be carried out with the exercise of a power that the Coordinator-General may exercise under the Act only for or in connection with works undertaken by the Coordinator-General.

South East Queensland (Gold Coast) Desalination Facility means the desalination facility of that name described in the drought contingency report.

south east Queensland (Gold Coast) desalination facility construction project works means the works reasonably connected with, or incidental to, the construction of the South East Queensland (Gold Coast) Desalination Facility.

south east Queensland (Gold Coast) desalination facility facilitation project works means the works reasonably connected with, or incidental to, facilitating the construction of the South East Queensland (Gold Coast) Desalination Facility.

southern regional water pipeline project works means the works reasonably connected with, or incidental to, the construction of the southern regional water pipeline described in the drought contingency report.

Toowoomba pipeline project preliminary works means the Toowoomba pipeline project works comprising early incidental works, land purchasing, surveys, planning and investigations.

Toowoomba pipeline project works means the works reasonably connected with, or incidental to, the construction of a pipeline from Lake Wivenhoe to Lake Cressbrook as described in the drought contingency report.

town water supply project works means the works reasonably connected with, or incidental to, the construction of the pipeline to supply water to Benarkin, Blackbutt, Toogoolawah and Yarraman and described in the drought contingency report.

western corridor recycled water project works—

(a)means the works reasonably connected with, or incidental to, the construction of the western corridor recycled water project described in the drought contingency report; and

(b)includes—

(i)the town water supply project works; and

(ii)the Lowood to Lake Wivenhoe project works.

8Local bodies directed to undertake particular works—Act, s 100

(1)Each of subsections (2) to (4) is a direction for section 100 of the Act.

(2)South East Queensland (Gold Coast) Desalination Company Pty Ltd (ACN 122 413 316) must undertake all parts of the following project works that are not reserved works—

(a)the south east Queensland (Gold Coast) desalination facility facilitation project works;

(b)the south east Queensland (Gold Coast) desalination facility construction project works.

(3)The Queensland Bulk Water Supply Authority must undertake all parts of the following project works that are not reserved works—

(a)the eastern pipeline inter-connector project works;

(b)the northern pipeline inter-connector stage 1 project works;

(c)the northern pipeline inter-connector stage 2 project works;

(d)the southern regional water pipeline project works;

(e)the Toowoomba pipeline project preliminary works;

(f)the Toowoomba pipeline project works;

(g)the Kuraby inter-connector project preliminary works;

(h)the northern pipeline inter-connector stage 2 construction project works.

(4)Western Corridor Recycled Water Pty Ltd (ACN 124 226 777) must undertake all parts of the western corridor recycled water project works that are not reserved works.

(5)In this section—

Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority (ABN 75 450 239 876) continued in existence under the South East Queensland Water (Restructuring) Act 2007, section 6.

s 8 amd 2012 SL No. 81 s 8; 2012 SL No. 240 s 3 (2) sch

9Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the reserved works for each of the project works.

9AParticular land is divested from Coordinator-General and vested in Toowoomba Regional Council—Act s 128(2)

The land mentioned in schedule 1A is divested from the Coordinator-General and vested in the Toowoomba Regional Council.

s 9A ins 2011 SL No. 18 s 4

10Definitions for pt 5

In this part—

geo-technical investigations means investigations to determine the engineering feasibility of constructing a railway or conveyor for transporting coal.

investigation area means the area shown on a map called ‘Tarong Energy Transport Investigation Corridor (TEIC_001_001)’ held by the Coordinator-General.

Tarong Energy means Tarong Energy Corporation Limited ACN 078 848 736.

11Tarong Energy directed to undertake particular works—Act, s 100

(1)Subsection (2) is a direction for section 100 of the Act.

(2)Tarong Energy must undertake the following works within the investigation area to evaluate potential corridors for transporting coal from the coal deposit at Kunioon and the New Acland Mine to the Tarong Power Station—

(a)geo-technical investigations;

(b)surveys and valuations of land;

(c)surveys of flora and fauna;

(d)surveys of cultural heritage.

14Definitions for pt 7

In this part—

Gold Coast University Hospital facilities means the Gold Coast University Hospital facilities described in the project report.

Gold Coast University Hospital facilities works means the project works of that name described in the project report and comprising works reasonably connected with, or incidental to, the construction of the Gold Coast University Hospital facilities.

preliminary works means the project works comprising early incidental works, land purchasing, surveys, investigations, planning and preparation of detailed designs.

project report means the Coordinator-General’s report of August 2008 titled ‘Gold Coast University Hospital Second Project Report’ held by the Coordinator-General and published on the department’s website.

project works means the works reasonably connected with, or incidental to, the construction of the Gold Coast University Hospital Project described in the project report.

15Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the following works—

(a)the preliminary works;

(b)the Gold Coast University Hospital facilities works.

16Definitions for pt 8

In this part—

investigation area means the area shown as the proposed corridor investigation area on the map series of 17 November 2007 that—

(a)is called ‘Proposed Investigation Area for Fitzroy to Gladstone Pipeline’; and

(b)is held by the department; and

(c)is available for inspection by members of the public.

pipeline investigations means the following works reasonably connected with the proposed construction of a pipeline for carrying water between the Fitzroy River and Gladstone—

(a)investigations to determine the engineering feasibility of constructing the pipeline, including, for example, the drilling of test pits and bore holes;

(b)surveys of flora and fauna;

(c)surveys of soil and water quality;

(d)surveys of cultural heritage;

(e)valuations of land;

(f)surveys of land and watercourses.

water board means Gladstone Area Water Board ABN 88 409 667 181.

17Water board directed to undertake particular works—Act, s 100

(1)Subsection (2) is a direction for section 100 of the Act.

(2)The water board must undertake the pipeline investigations in the investigation area.

18Definitions for pt 9

In this part—

Griffith University means Griffith University established under the Griffith University Act 1998, section 4.

s 18 def Griffith University ins 2012 SL No. 79 s 3

medicine and oral health centre means the Centre for Medicine and Oral Health described in the project report.

medicine and oral health centre project works means the works reasonably connected with, or incidental to, the construction of the Centre for Medicine and Oral Health building and the Common Use Teaching Facility building described in the supplementary project report.

s 18 def medicine and oral health centre project works ins 2010 SL No. 358 s 3 (1)

preliminary works means the works comprising early incidental works, surveys, investigations, planning and preparation of detailed designs for—

(a)the medicine and oral health centre; and

(b)the student accommodation facilities.

project report means the Coordinator-General’s report of November 2008 titled ‘Griffith University Facilities Project Report’ held by the Coordinator-General and published on the department’s website.

Editor’s note—

The project report and the supplementary project report also may be inspected at the office of the Coordinator-General.

s 18 def project report amd 2010 SL No. 358 s 3 (2)

science and engineering building works means the works reasonably connected with, or incidental to, the construction of the Science and Engineering Building described in the project report.

student accommodation facilities means the Student Accommodation Facilities described in the project report.

supplementary project report means the Coordinator-General’s report of November 2010 titled ‘Centre for Medicine and Oral Health Project Report’ held by the Coordinator-General and published on the department’s website.

s 18 def supplementary project report ins 2010 SL No. 358 s 3 (1)

19Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the following works—

(a)the preliminary works;

(b)the science and engineering building works;

(c)the medicine and oral health centre project works.

s 19 amd 2010 SL No. 358 s 4

19AApproval of terms of agreement to transfer works—Act, s 134(2)

The terms of the agreement negotiated between the Coordinator-General and Griffith University, as set out in schedule 2, are approved under section 134(2) of the Act.

s 19A ins 2012 SL No. 79 s 4

26Definitions for pt 11

In this part—

Cedar Grove and Karawatha inter-connector project works means works reasonably connected with, or incidental to—

(a)carrying out early incidental works, land purchasing, surveys, planning and proposed investigations for pipelines connecting the Wyaralong water treatment plant to the South East Queensland Water Grid, specifically the southern regional water pipeline and the Kuraby reservoir; or

(b)construction of the pipelines.

LinkWater ...

s 26 def LinkWater ins 2012 SL No. 81 s 9 (2)

om 2012 SL No. 240 s 3 (2) sch

project works means—

(a)Cedar Grove and Karawatha inter-connector project works; or

(b)Wyaralong water treatment plant project works.

Queensland Bulk Water Supply Authority means the Queensland Bulk Water Supply Authority (ABN 75 450 239 876) continued in existence under the South East Queensland Water (Restructuring) Act 2007, section 6.

s 26 def Queensland Bulk Water Supply Authority ins 2012 SL No. 240 s 3 (2) sch

reserved works, in relation to each of the project works, means the parts of the works that, in the circumstances, can only be carried out with the exercise of a power the Coordinator-General may exercise under the Act only for or in connection with works undertaken by the Coordinator-General.

Seqwater ...

s 26 def Seqwater om 2012 SL No. 240 s 3 (2) sch

Southern Regional Water Pipeline Company ...

s 26 def Southern Regional Water Pipeline Company om 2012 SL No. 81 s 9 (1)

Wyaralong water treatment plant means the proposed water treatment plant at Wyaralong to process water extracted from Wyaralong Dam and the Logan River system.

Wyaralong water treatment plant project works means works reasonably connected with, or incidental to—

(a)carrying out early incidental works, land purchasing, surveys, planning and investigations for the Wyaralong water treatment plant; or

(b)the construction of the Wyaralong water treatment plant.

27Queensland Bulk Water Supply Authority directed to undertake particular Wyaralong water treatment plant project works—Act, s 100

(1)Subsection (2) is a direction for section 100 of the Act.

(2)The Queensland Bulk Water Supply Authority must undertake all parts of the Wyaralong water treatment plant project works that are not reserved works.

s 27 amd 2012 SL No. 240 s 3 (2) sch

28Queensland Bulk Water Supply Authority directed to undertake particular Cedar Grove and Karawatha inter-connector project works—Act, s 100

(1)Subsection (2) is a direction for section 100 of the Act.

(2)The Queensland Bulk Water Supply Authority must undertake all parts of the Cedar Grove and Karawatha inter-connector project works that are not reserved works.

s 28 amd 2012 SL No. 81 s 10; 2012 SL No. 240 s 3 (2) sch

29Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the reserved works.

30Definitions for pt 12

In this part—

GCRT facilitation works means—

(a)operational work that is—

(i)the clearing of native vegetation on land in the project area; and

(ii)undertaken to facilitate the carrying out of the GCRT precinct works; or

(b)other works reasonably connected with, or incidental to, carrying out the work mentioned in paragraph (a).

GCRT precinct works means the works of that name described in the project report.

native vegetation means vegetation under the Vegetation Management Act 1999.

operational work ...

s 30 def operational work om 2014 SL No. 210 s 5

project area means the following areas shown at appendix A of the project report on the drawing stated for the area—

(a)clearing area ‘A’—A1195200-620B;

(b)clearing area ‘B’—A1195200-620C;

(c)clearing area ‘C’—A1195200-620D;

(d)clearing area ‘D’—A1195200-620E;

(e)clearing areas ‘E1’ and ‘E2’—A1195200-620F.

project report means the Coordinator-General’s report of October 2009 titled ‘Gold Coast Rapid Transit – Gold Coast Health and Knowledge Precinct – Project Report’ held by the Coordinator-General and published on the department’s website.

31Coordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2)—

(a)is a direction for section 109 of the Act; and

(b)applies only if the relevant Ministers have, before any GCRT facilitation works are undertaken, agreed in writing to an arrangement satisfactory to the Ministers about addressing adverse environmental effects of the works.

(2)The Coordinator-General is directed to undertake the GCRT facilitation works.

(3)In this section—

relevant Ministers means each of the following—

(a)the Minister administering the Vegetation Management Act 1999;

(b)the Minister administering the Nature Conservation Act 1992.

pt 12A hdg ins 2018 SL No. 213 s 3

31ADefinitions for part

In this part—

Building Future Schools Fund Project means the project of that name described in the project report.

facilitation works means the following works—

(a)works to secure tenure for the Building Future Schools Fund Project;

(b)works to secure access to land, including for investigations and temporary works, for the Building Future Schools Fund Project;

(c)works reasonably connected with, or incidental to, carrying out the works mentioned in paragraph (a) or (b), including, for example, opening, closing or otherwise rearranging roads.

project report means the report of November 2018, prepared by the Coordinator-General, called ‘Building Future Schools Fund Project Report’ and published on the department’s website.

s 31A ins 2018 SL No. 213 s 3

31BCoordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the facilitation works.

s 31B ins 2018 SL No. 213 s 3

pt 12B hdg ins 2018 SL No. 213 s 3

31CDefinitions for part

In this part—

facilitation works means the following works—

(a)works to secure tenure for the Rookwood Weir Project;

(b)works to secure access to land, including for investigations and temporary works, for the Rookwood Weir Project;

(c)works reasonably connected with, or incidental to, carrying out the works mentioned in paragraph (a) or (b), including, for example, opening, closing or otherwise rearranging roads.

project report means the report of November 2018, prepared by the Coordinator-General, called ‘Rookwood Weir Project Report’ and published on the department’s website.

Rookwood Weir Project means the project of that name described in the project report.

s 31C ins 2018 SL No. 213 s 3

31DCoordinator-General directed to undertake particular works—Act, s 109

(1)Subsection (2) is a direction for section 109 of the Act.

(2)The Coordinator-General must undertake the facilitation works.

s 31D ins 2018 SL No. 213 s 3

32Definitions for pt 13

In this part—

controlling provision, for a project, means a provision of the Commonwealth Environment Act, chapter 2, part 3, decided by the Commonwealth Minister as a controlling provision for the project under that Act, chapter 4, part 7, division 2.

Commonwealth Environment Act ...

s 32 def Commonwealth Environment Act om 2014 SL No. 148 s 4

Commonwealth Minister ...

s 32 def Commonwealth Minister om 2014 SL No. 148 s 4

designated proponent, for a project, means the person designated as a proponent for the action the subject of the project under the Commonwealth Environment Act, section 75(3).

EIS process means the process in part 4, division 3, subdivision 1 of the Act for a coordinated project.

s 32 def EIS process sub 2014 SL No. 210 s 6

IAR process means the process in part 4, division 3, subdivision 2 of the Act for a coordinated project.

s 32 def IAR process ins 2014 SL No. 210 s 6 (2)

relevant impacts has the meaning given by the Commonwealth Environment Act, section 82.

33Application of pt 13

(1)This part applies to a project only if—

(a)the project is a coordinated project under part 4 of the Act; and

(b)before or after it becomes a coordinated project, either of the following apply—

(i)the Commonwealth Minister has, under the Commonwealth Environment Act—

(A)decided the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process; and

(B)given notice of the decision;

(ii)the relevant impacts of the project are to be assessed under a bilateral agreement; and

(c)part 4A of the Act does not apply to the project.

(2)Any steps or actions taken in the EIS or IAR process for the project after the project becomes a coordinated project and before the action mentioned in subsection (1)(b)(i) happens are taken to have complied with this part.

(3)In this section—

bilateral agreement has the meaning given by the Commonwealth Environment Act, section 45(2).

s 33 amd 2014 SL No. 148 s 5; 2014 SL No. 210 s 7

34Requirements for public notification

(1A)This section applies to the following—

(a)public notification by the Coordinator-General under section 29(1)(b) of the Act;

(b)public notification of a draft EIS under section 33(1) of the Act;

(c)public notification of additional information under section 33(1) of the Act, as applied under section 34C(3)(a) of the Act;

(d)public notification of a draft IAR under section 33(1) of the Act, as applied under section 34H(2) of the Act;

(e)public notification of a revised draft IAR under section 33(1) of the Act, as applied under section 34K(3)(a) of the Act.

(1)The public notification must state each of the following—

(a)the project’s title;

(b)the proponent’s name;

(c)the name of the entity intending to take the action the subject of the project;

(d)if the proponent and designated proponent are not the same entity—the designated proponent’s name;

(e)a brief description of the project;

(f)the location of the project;

(g)the protected matters for the project.

(2)The public notification must be published—

(a)in a newspaper circulating throughout Australia; or

(b)in each State or Territory in a newspaper circulating generally in the State or Territory.

(3)In this section—

protected matter means a matter protected by a provision of the Commonwealth Environment Act, part 3, mentioned in section 34 of that Act.

s 34 amd 2014 SL No. 210 s 8

35Requirements for content of EIS

An EIS must address the matters mentioned in schedule 1.

s 35 amd 2014 SL No. 210 s 9

35AMinimum submission period for draft EIS or draft IAR

The submission period set by the Coordinator-General for a draft EIS or draft IAR must be at least 28 days starting on the day after the draft EIS or draft IAR is publicly notified under section 33(1) of the Act.

s 35A ins 2014 SL No. 210 s 10

36Coordinator-General’s report

(1)A report under section 34D(2) or 34L(2) of the Act must contain the following matters—

(a)a description of the following—

(i)the project;

(ii)the places affected by the project;

(iii)the controlling provisions for the project;

(b)a summary of the project’s relevant impacts;

(c)a description of feasible mitigation measures, or changes to the project or procedures, to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in relevant submissions;

(d)to the extent practicable, a description of feasible alternatives to the project identified in the EIS or IAR process for the project, and the likely impact of the alternatives on matters of national environmental significance;

(e)a statement of conditions of approval for the project that may be imposed to address impacts, identified in the EIS or IAR process for the project, on matters of national environmental significance;

(f)a statement of requirements for, and conditions of, approval applying, or proposed to apply, to the project when the report is prepared including a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project.

(2)After completing the report, the Coordinator-General must give a copy of it to the Commonwealth Minister.

(3)In this section—

matters of national environmental significance means matters of national environmental significance mentioned in the Commonwealth Environment Act, chapter 2, part 3, division 1.

relevant submissions means properly made submissions, or other submissions accepted by the Coordinator-General under section 34 of the Act.

s 36 amd 2014 SL No. 210 s 11

pt 13A hdg ins 2014 SL No. 148 s 6

36ARequired information for draft protected matters report

For the Act, section 54P(3)(a), a draft protected matters report must include the information stated in schedule 1AA.

s 36A ins 2014 SL No. 148 s 6

36BNotification requirements and minimum submission period

(1)Subsections (2) and (3) state the requirements for the notification of—

(a)a draft protected matters report for the Act, section 54Q(4)(b); and

(b)an amendment application for the Act, section 54ZB(2)(b).

(2)The notification must state each of the following—

(a)the project’s title;

(b)the proponent’s full name;

(c)a brief description of the project;

(d)the location of the project.

(3)The notification must be published—

(a)in a newspaper circulating throughout Australia; or

(b)in each State—in a newspaper circulating generally in the State.

(4)For the Act, sections 54Q(4)(d) and 54ZB(2)(d), the minimum period for the submission period is 28 days starting on the day after the day of notification.

s 36B ins 2014 SL No. 148 s 6

36CCoordinator-General must publish particular documents

(1)The Coordinator-General must publish each of the following documents on the department’s website—

(a)an application for a bilateral project declaration made under the Act, section 54K;

(b)a draft protected matters report notified under the Act, section 54Q;

(c)a final protected matters report given under the Act, section 54R;

(d)a notice given under the Act, section 54X;

(e)an assessment report given under the Act, section 54X;

(f)an environmental approval issued under the Act, section 54Y;

(g)an amendment application made under the Act, section 54Z;

(h)a notice given under the Act, section 54ZD;

(i)an amended approval issued under the Act, section 54ZE.

(2)The document must be published—

(a)for a draft protected matters report—during the submission period, under the Act, section 54Q(4), for the coordinated project to which the report relates; or

(b)otherwise—as soon as practicable after the application is made, or the document is given or issued, under the Act.

s 36C ins 2014 SL No. 148 s 6

pt 14 hdg amd 2012 SL No. 258 s 4

37Existing approval of terms of agreement to transfer works

The repeal of the State Development and Public Works Organisation Regulation 1999 (the repealed regulation) does not affect the approval for section 134(2) of the Act, given under the repealed regulation, section 18, of the following—

(a)the terms of the agreement negotiated between the Coordinator-General and the Stadium Redevelopment Authority, as set out in the repealed regulation, schedule 2;

(b)the terms of the agreement negotiated between the Coordinator-General and the State represented by the Department of Public Works, as set out in the repealed regulation, schedule 3.

37AFees

(1)The fees payable under part 4 of the Act are stated in schedule 1B.

(1A)The fees payable under part 4A of the Act are stated in schedule 1BA.

(2)The fees payable under part 6, division 1 and division 2, subdivision 2 of the Act are stated in schedule 1C.

(3)The fees payable under part 6, division 7 of the Act are stated in schedule 1D.

(4)The fees payable in relation to a request to take land for particular infrastructure facilities are stated in schedule 1E.

s 37A ins 2012 SL No. 258 s 5

amd 2014 SL No. 210 s 12

37BRefund of fees

The Coordinator-General may refund all or part of a fee paid for an application or request under the Act if the Coordinator-General considers the refund is reasonable having regard to the stage reached of the assessment process for the application or request or any other relevant matter.

s 37B ins 2012 SL No. 258 s 5

38Repeal of regulation

The State Development and Public Works Organisation Regulation 1999, SL No. 188 is repealed.

section 35

1General information

The background of the project including the following—

(a)the project’s title;

(b)the designated proponent’s full name and postal address;

(c)a clear outline of the project’s objective;

(d)the project’s location;

(e)the background to the project’s development;

(f)how the project relates to any other actions, of which the proponent should reasonably be aware, that have been, or are being, taken or that have been approved in the area affected by the project;

(g)the project’s current status;

(h)the consequences of not proceeding with the project.

2Description

A description of the project, including the following information—

(a)the project’s components;

(b)the precise location of works to be undertaken, structures to be built or components of the project that may have relevant impacts;

(c)how the works are to be undertaken and design parameters for aspects of the structures or components of the project that may have relevant impacts;

(d)the project’s relevant impacts;

(e)proposed safeguards and mitigation measures for dealing with the project’s relevant impacts;

(f)any other requirements for, or conditions of, approval applying, or that the proponent reasonably believes are likely to apply, to the project;

(g)to the extent reasonably practicable, any feasible alternatives to the project, including the following—

(i)if relevant, the alternative of taking no action;

(ii)a comparative description of the impacts of each alternative on the matters protected by the controlling provisions for the project;

(iii)sufficient detail to clarify why any alternative is preferred to another;

(h)any consultation about the project, including the following—

(i)consultation taken and any documented response to, or result of, the consultation;

(ii)proposed consultation about the project’s relevant impacts;

(i)an identification of affected persons, including a statement mentioning any communities that may be affected and describing the communities’ views.

3Relevant impacts

Information given under section 2(d) must include the following—

(a)a description of the project’s relevant impacts;

(b)a detailed assessment of the nature and extent of the likely short term and long term relevant impacts;

(c)a statement about whether any relevant impacts are likely to be unknown, unpredictable or irreversible;

(d)an analysis of the significance of the relevant impacts;

(e)any technical data and other information used or needed to make a detailed assessment of the relevant impacts.

4Proposed safeguards and mitigation measures

Information given under section 2(e) must include the following—

(a)a description, and an assessment of the expected or predicted effectiveness, of the mitigation measures for dealing with the project’s relevant impacts;

(b)any statutory or policy basis for the mitigation measures;

(c)the cost of the mitigation measures;

(d)an outline of an environmental management plan setting out the framework for continuing management, mitigation and monitoring programs for the project’s relevant impacts, including any provision for independent environmental auditing;

(e)the name of the entity responsible for endorsing or approving each mitigation measure or monitoring program;

(f)a consolidated list of mitigation measures proposed to be undertaken to prevent, minimise or compensate for the project’s relevant impacts, including mitigation measures proposed to be taken by the State, a local government or the proponent.

5Other approvals and conditions

(1)Information given under section 2(f) must include the following—

(a)details of any planning instrument under the Planning Act dealing with the project including the following—

(i)what environmental assessment of the project has been, or is being, carried out under the planning instrument;

(ii)how the planning instrument provides for preventing, minimising and managing the project’s relevant impacts;

(b)a description of any approval, other than the Commonwealth approval, obtained from a State or Commonwealth entity, including any approval conditions applying to the project;

(c)a statement identifying any other required approval, other than the Commonwealth approval;

(d)a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project.

(2)In this section—

Commonwealth approval means the Commonwealth Minister’s approval of the action the subject of the project under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), chapter 4, part 9.

s 5 amd 2017 SL No. 103 s 123

6Proponent’s environmental record

(1)Details of any proceedings under a law of the Commonwealth or a State for the protection of the environment or the conservation and sustainable use of natural resources (an environmental law) against—

(a)the proponent; and

(b)the applicant for any permit under an environmental law for the project.

(2)If the proponent is a corporation, details of the corporation’s environmental policy and planning framework.

7Information sources

The EIS must state the following about information given in the EIS—

(a)the source of the information;

(b)how recent the information is;

(c)how the reliability of the information was tested;

(d)any uncertainties in the information.

sch 1 hdg amd 2014 SL No. 210 s 14

section 36A

1Definition for sch 1AA

In this schedule—

relevant environmental impacts, of a coordinated project, means the impacts the project has, will have, or is likely to have, on a matter protected by a specified provision.

2General information

A protected matters report must include information about the background of the project, including the following—

(a)the project’s title;

(b)the proponent’s full name and postal address;

(c)a clear outline of the project’s objective;

(d)the project’s location;

(e)the background to the project’s development;

(f)how the project relates to any other actions, of which the proponent should reasonably be aware, that have been, or are being, taken or that have been approved in the area affected by the project;

(g)the project’s current status;

(h)the consequences of not proceeding with the project.

3Description

A protected matters report must include information that describes the project, including the following—

(a)the project’s components;

(b)the precise location of works to be undertaken, structures to be built or components of the project that may have relevant environmental impacts;

(c)how the works are to be undertaken and design parameters for aspects of the structures, or components, of the project that may have relevant environmental impacts;

(d)the project’s relevant environmental impacts;

(e)proposed safeguards and mitigation measures for dealing with the project’s relevant environmental impacts;

(f)any other requirements for, or conditions of, approval applying, or the proponent reasonably believes are likely to apply, to the project;

(g)economic and social matters that have arisen, or will or are likely to arise, from the project being undertaken;

(h)to the extent reasonably practicable, any feasible alternatives to the project, including the following—

(i)if relevant, the alternative of not proceeding with the project;

(ii)a comparative description of the impacts of each alternative on the matters protected by specified provisions for the project;

(iii)sufficient detail to clarify why any alternative is preferred to another;

(i)any consultation about the project, including the following—

(i)consultation taken and any documented response to, or result of, the consultation;

(ii)proposed consultation about the project’s relevant environmental impacts;

(j)an identification of affected persons, including a statement mentioning any communities that may be affected and describing their views.

4Relevant environmental impacts

Information given under section 3(d) must include the following—

(a)a description of the project’s relevant environmental impacts;

(b)a detailed assessment of the nature and extent of the likely short term and long term relevant environmental impacts;

(c)a statement about whether any relevant environmental impacts are likely to be unknown, unpredictable or irreversible;

(d)an analysis of the significance of the relevant environmental impacts;

(e)any technical data and other information used or needed to make a detailed assessment of the relevant environmental impacts.

5Proposed safeguards and mitigation measures

Information given under section 3(e) must include the following—

(a)for each of the mitigation measures for dealing with the project’s relevant environmental impacts—

(i)a description of the measure; and

(ii)an assessment of the expected or predicted effectiveness of the measure;

(b)any statutory or policy basis for the mitigation measures;

(c)the cost of the mitigation measures;

(d)an outline of an environmental management plan setting out the framework for continuing management, mitigation and monitoring programs for the project’s relevant environmental impacts, including any provision for independent environmental auditing;

(e)the name of the entity responsible for endorsing or approving each mitigation measure or monitoring program;

(f)a consolidated list of mitigation measures proposed to be undertaken to prevent, minimise or compensate for the project’s relevant environmental impacts, including measures proposed to be taken by the State, a local government or the proponent.

6Other approvals and conditions

Information given under section 3(f) must include the following—

(a)details of Commonwealth or State policies, guidelines or other instruments that are relevant to the relevant environmental impacts;

(b)a description of any approval obtained from a Commonwealth or State entity, including any approval conditions applying to the project;

(c)a statement identifying any other required approval;

(d)a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project.

7Proponent’s environmental record

A protected matters report must include information about the proponent’s environmental record.

8Information sources

The protected matters report must state the following about information given in the report—

(a)the source of the information;

(b)how recent the information is;

(c)how the reliability of the information was tested;

(d)any uncertainties in the information.

sch 1AA ins 2014 SL No. 148 s 8

section 9A

Easement A in lot 12 on SP109132 on SP224489

Easement A in lot 58 on CSH2241 on SP224508

Easement A in lot 129 on RP805037 on SP224494

Easement AA in lot 18 on CA31814 on SP224500

Easement AB in lot 62 on CA311589 on SP224501

Easement AC in lot 12 on CA31780 on SP224502

Easement AD in lot 946 on CSH669 on SP224503

Easement AE in lot 19 on CA31827 on SP224504

Easement AF in lot 41 on CSH403 on SP224506

Easement AG in lot 41 on CSH403 on SP224506

Easement AH in lot 41 on CSH403 on SP224506

Easement AI in lot 41 on CSH403 on SP224506

Easement AJ in lot 2 on RP171758 on SP224507

Easement AK in lot 2 on RP171758 on SP224507

Easement AL in lot 2 on RP171758 on SP224507

Easement B in lot 4 on RP215418 on SP224478

Easement C in lot 5 on RP142462 on SP224479

Easement E in lot 209 on CSH2114 on SP224481

Easement F in lot 1 on RP199226 on SP224482

Easement H in lot 203 on CSH2029 on SP224483

Easement I in lot 11 on RP217483 on SP224484

Easement J in lot 2 on SP219259 on SP224485

Easement K in lot 3 on RP213665 on SP224486

Easement L in lot 213 on CSH2236 on SP224487

Easement M in lot 2 on RP20797 on SP224488

Easement P in lot 2 on RP20833 on SP224490

Easement Q in lot 1 on RP20834 on SP224491

Easement R in lot 5 on RP129520 on SP224492

Easement RA in lot 5 on RP129520 on SP222909

Easement S in lot 40 on RP805037 on SP224493

Easement U in lot 109 on RP805037 on SP224495

Easement V in lot 117 on CA31373 on SP224496

Easement W in lot 122 on CA31377 on SP224497

Easement X in lot 127 on CA31414 on SP224498

Easement XX in lot 241 on SP222905

Easement Y in lot 271 on CA311037 on SP224499

Easement Z in lot 18 on CA31814 on SP224500

Lot 3 on SP 222905

sch 1A ins 2011 SL No. 18 s 5

section 37A(1)

1ADefinitions for sch 1B

In this schedule—

CPI indexed, for a financial year (the relevant financial year), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—

(a)the March quarter for the financial year before the previous financial year to the relevant financial year;

(b)the March quarter for the previous financial year to the relevant financial year.

part 13 project means a project to which part 13 applies.

resource project see the Environmental Protection Act 1994, section 112.

resource tenure see the Environmental Protection Act 1994, schedule 4.

significant off-tenure project means a project that—

(a)relates to a resource project; and

(b)is carried out on land, other than land to which the resource tenure for the resource project applies.

superseded lapse date, for a declaration under section 26 of the Act, means the date the declaration would have lapsed if the Coordinator-General had not, under section 27A(3) or 27B(3) of the Act, stated a later time for the declaration to lapse.

1Operation of sch 1B

(1)This schedule provides for the fees mentioned in section 25A of the Act.

(2)The fees are for the matters relating to the administration of part 4 of the Act by the Coordinator-General that are stated in column 1 of tables 1 to 5 in part 2.

2When fees are payable

The fee for each of the matters stated in column 1 of tables 1 to 5 in part 2 is payable on the happening of the event stated opposite the matter in column 2 of the table.

3Amount of fees

(1)The amount of the fee for each of the matters is—

(a)if the fee becomes payable before 1 July 2015—the prescribed amount; or

(b)if the fee becomes payable during the financial year beginning 1 July 2015—the prescribed amount, CPI indexed for the financial year beginning 1 July 2015; or

(c)if the fee becomes payable during any later financial year—the prescribed amount, CPI indexed for the financial year beginning 1 July 2015 and all subsequent financial years.

(2)However, if the amount provided for under subsection (1) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.

(3)In this section—

prescribed amount means—

(a)for a matter mentioned in part 2, table 1, 2 or 3—

(i)if subparagraphs (ii), (iii) and (iv) do not apply—the amount stated opposite the matter in column 3 of the table; or

(ii)if the project is a part 13 project, but not a significant off-tenure project—the sum of the amounts stated opposite the matter in columns 3 and 4 of the table; or

(iii)if the project is a significant off-tenure project, but not a part 13 project—the sum of the amounts stated opposite the matter in columns 3 and 5 of the table; or

(iv)if the project is a part 13 project and a significant off-tenure project—the sum of the amounts stated opposite the matter in columns 3, 4 and 5 of the table; or

(b)for a matter mentioned in part 2, table 4 or 5—the amount stated opposite the matter in column 3 of the table.

4Access to adjusted amounts

(1)From and including 2013, the Coordinator-General must publish on the department’s website the amount of the fee for each of the matters as worked out under section 3.

(2)A failure to comply with subsection (1) does not limit or otherwise affect the operation of section 3.

sch 1B ins 2012 SL No. 258 s 6

amd 2014 SL No. 148 s 9; 2014 SL No. 210 s 15

section 37A(1A)

1Definitions for sch 1BA

In this schedule—

amendment application, for an environmental approval, see section 54Z(1) of the Act.

assessment and approval process means the process in part 4A, division 3 of the Act for a coordinated project.

bilateral project declaration see section 54J(1) of the Act.

CPI indexed, for a financial year (the relevant financial year), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—

(a)the March quarter for the financial year before the previous financial year to the relevant financial year;

(b)the March quarter for the previous financial year to the relevant financial year.

environmental approval see section 54I of the Act.

protected matters report see section 54I of the Act.

reinstatement request, for an environmental approval, see section 54ZJA(2) of the Act.

2Operation of sch 1BA

This schedule provides for the fees for—

(a)an application for a bilateral project declaration under section 54K(1) of the Act; and

(b)the assessment and approval process for a coordinated project for which a bilateral project declaration has been made; and

(c)an amendment application for an environmental approval; and

(d)a reinstatement request for an environmental approval under section 54ZJA(2) of the Act.

3When fees are payable

The fee for each of the matters stated in part 2, table 1 or 2, column 1 is payable on the happening of the event stated opposite the matter in column 2 of the table.

4Amount of fees

(1)The amount of the fee for each of the matters is—

(a)if the fee becomes payable before 1 July 2015—the amount stated opposite the matter in part 2, table 1 or 2, column 3 (column 3); or

(b)if the fee becomes payable during the financial year beginning 1 July 2015—the amount stated opposite the matter in column 3, CPI indexed for the financial year beginning 1 July 2015; or

(c)if the fee becomes payable during any later financial year—the amount stated opposite the matter in column 3, CPI indexed for the financial year beginning 1 July 2015 and all subsequent financial years.

(2)However, if the amount provided for under subsection (1) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.

5Access to adjusted amounts

(1)The Coordinator-General must publish on the department’s website the amount of the fee for each of the matters as worked out under section 4.

(2)A failure to comply with subsection (1) does not limit or otherwise affect the operation of section 4.

sch 1BA ins 2014 SL No. 210 s 16

section 37A(2)

1Definitions for sch 1C

In this schedule—

CPI indexed, for a financial year (the relevant financial year), means the addition of any amount that equates to any percentage increase in the CPI between the following quarters—

(a)the March quarter for the financial year before the previous financial year to the relevant financial year;

(b)the March quarter for the previous financial year to the relevant financial year.

minor assessment process means a process under an approved development scheme for assessing and deciding an SDA application for a material change of use if the impacts of the proposed development are potentially minor in nature.

minor change means—

(a)a change to an SDA application that is identified as a minor change to an application under the approved development scheme for the State development area to which the application relates; or

(b)a change to an SDA approval that is identified as a minor change to an approval under the approved development scheme for the State development area to which the approval relates.

pre-lodgement consideration, for a proposed SDA application, means written advice given by the Coordinator-General to the person proposing to make the application.

2Operation of sch 1C

This schedule provides for the fees for—

(a)an SDA application; and

(b)a change application for an SDA approval; and

(c)pre-lodgement consideration of a proposed SDA application; and

(d)other requests made under an approved development scheme.

3Fees for SDA applications for operational work

(1)The fee for an SDA application for operational work is—

(a)if the construction cost of the operational work is less than $500,000—an amount that is 2.5% of the construction cost, rounded up to the nearest dollar; or

(b)if the construction cost of the operational work is $500,000 or more—an amount that is 1.5% of the construction cost, rounded up to the nearest dollar.

(2)However, if the amount of the fee worked out under subsection (1) for the SDA application—

(a)is less than $5,000—the fee for the application is $5,000; or

(b)is more than $200,000—the fee for the application is $200,000.

(3)This section is subject to section 5.

(4)In this section—

construction cost, of operational work, means an amount that is the total cost of the operational work stated in a document—

(a)certified by a person registered as a registered professional engineer under the Professional Engineers Act 2002; and

(b)given to the Coordinator-General with the SDA application.

4Fees for matters in pt 4

(1)The fee for each of the matters stated in part 4, table 1, column 1 is—

(a)if the fee becomes payable before 1 July 2015—the amount stated opposite the matter in part 4, table 1, column 3 (column 3); or

(b)if the fee becomes payable during the financial year beginning 1 July 2015—the amount stated opposite the matter in column 3, CPI indexed for the financial year beginning 1 July 2015; or

(c)if the fee becomes payable during any later financial year—the amount stated opposite the matter in column 3, CPI indexed for the financial year beginning 1 July 2015 and all subsequent financial years.

(2)However, if the amount provided for under subsection (1) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.

(3)This section is subject to section 5.

5Fees if SDA application involves more than 1 aspect of development

Despite sections 3 and 4, if an SDA application is for 2 or more aspects of development, the fee for the SDA application is each fee payable under sections 3 and 4 for each aspect of development.

Examples—

1An SDA application is for a material change of use and operational work. The required fee for the SDA application is the total of the amount payable under section 3 for an SDA application for operational work and the amount payable under section 4 for an SDA application for the material change of use.

2An SDA application is for a material change of use for an extractive activity and a gas transportation infrastructure facility. The required fee for the SDA application is the total of the amount payable under section 4 for an SDA application for a material change of use for an extractive industry and for a material change of use for a gas transportation infrastructure facility.

6Fees for pre-lodgement consideration of proposed SDA application

For a request for pre-lodgement consideration of a proposed SDA application, the fee payable for the request is 5% of the fee payable for the proposed SDA application.

7Fees for change applications

The fee payable for a change application for an SDA approval is—

(a)if the change application is for a minor change to the SDA approval—an amount that is 25% of the fee payable for an SDA application for the SDA approval; or

(b)otherwise—the fee payable for an SDA application for the SDA approval.

8When fees are payable

(1)The fee for an SDA application for operational works is payable on the day the application is made.

(2)The fee for a matter stated in part 4, table 1, column 1 is payable on the happening of the event stated opposite the matter in column 2 of the table.

(3)The fee for a request for pre-lodgement consideration of a proposed SDA application is payable on the day the request is made.

(4)The fee for a change application for an SDA approval is payable on the day the change application is made.

9Access to adjusted amounts

(1)The Coordinator-General must publish on the department’s website the amount of the fee for each of the matters mentioned in section 2 as worked out under part 2.

(2)A failure to comply with subsection (1) does not limit or otherwise affect the operation of part 2.

sch 1C ins 2012 SL No. 258 s 6

sub 2014 SL No. 210 s 17

section 37A(3)

1Operation of sch 1D

(1)This schedule provides for the fees mentioned in sections 153AA(2)(d) and 153AJ of the Act.

(2)The fees are for the matters relating to the exercise of powers under section 125(1)(f) and part 6, division 7 of the Act by the Coordinator-General that are stated in column 1 of the table in part 2.

2When fees are payable

The fee for each of the matters stated in column 1 of the table in part 2 is payable on the happening of the event stated opposite the matter in column 2 of the table.

3Amount of fees

(1)The amount of the fee for each of the matters is—

(a)if the fee becomes payable before 2013—the amount stated opposite the matter in column 3 of the table in part 2 (column 3); or

(b)if the fee becomes payable during 2013—the amount stated opposite the matter in column 3, CPI indexed for 2013; or

(c)if the fee becomes payable during any later year—the amount stated opposite the matter in column 3, CPI indexed for 2013 and all years since 2013.

(2)However, if the amount provided for under subsection (1) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.

4Access to adjusted amounts

(1)From and including 2013, the Coordinator-General must publish on the department’s website the amount of the fee for each of the matters as worked out under section 3.

(2)A failure to comply with subsection (1) does not limit or otherwise affect the operation of section 3.

sch 1D ins 2012 SL No. 258 s 6

section 37A(4)

1Definitions for sch 1E

In this schedule—

commencement means the commencement of this schedule.

former, in relation to a provision of the Act, means the provision of the Act as in force immediately before the commencement.

2Application of sch 1E

This schedule applies to—

(a)an infrastructure facility the subject of a request made before the commencement to the Coordinator-General seeking, for an infrastructure facility, the Governor in Council’s approval under the Act, former section 125(1)(f)(ii); and

(b)an infrastructure facility approved under the Act, former section 125(1)(f)(ii).

3Amount of fees

(1)The amount of the fee for each of the matters is—

(a)if the fee becomes payable before 2013—the amount stated opposite the matter in column 2 of the table in part 2 (column 2); or

(b)if the fee becomes payable during 2013—the amount stated opposite the matter in column 2, CPI indexed for 2013; or

(c)if the fee becomes payable during any later year—the amount stated opposite the matter in column 2, CPI indexed for 2013 and all years since 2013.

(2)However, if the amount provided for under subsection (1) is an amount that is or includes a fraction of a dollar, the amount is taken to be the amount that is the nearest dollar, rounded up.

4Access to adjusted amounts

(1)From and including 2013, the Coordinator-General must publish on the department’s website the amount of the fee for each of the matters as worked out under section 3.

(2)A failure to comply with subsection (1) does not limit or otherwise affect the operation of section 3.

sch 1E ins 2012 SL No. 258 s 6

section 19A

sch 2 ins 2012 SL No. 79 s 5