Urban Land Development Authority Act 2007

Queensland Urban Land Development Authority Act 2007 Reprinted as in force on 17 February 2012 Reprint No. 2B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOTE—This is the last reprint before repeal. Repealed by 2012 Act No. 43 s 216 Repealed on 1 February 2013

Information about this reprint This Act is reprinted as at 17 February 2012. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Urban Land Development Authority Act 2007 Contents Part 1 Division 1 1 2 3 4 Division 2 5 6 Part 2 Division 1 7 8 9 10 11 12 Division 2 Subdivision 1 13 14 14A 15 Page Preliminary Introduction Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Main purposes of Act and their achievement . . . . . . . . . . . . . . . . 9 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Interpretation Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Development and its types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Urban development areas Declaration and revocation of urban development areas Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Interim land use plan required . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Expiry of interim land use plan . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Tabling and inspection of documents adopted in declaration regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Revocation or reduction of urban development area . . . . . . . . . . 13 Interim local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Relationship with Sustainable Planning Act Provisions about the declaration of urban development areas Existing SPA development applications . . . . . . . . . . . . . . . . . . . . 15 Existing SPA development approvals . . . . . . . . . . . . . . . . . . . . . . 15 Special provision for Northshore Hamilton urban development area ......................................... 15 Community infrastructure designations . . . . . . . . . . . . . . . . . . . . 17

Urban Land Development Authority Act 2007 Contents Subdivision 2 16 17 18 19 Division 3 20 Part 3 Division 1 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Division 2 Subdivision 1 35 36 37 Subdivision 2 38 Subdivision 3 39 Division 3 40 Page 2 Provisions about the cessation of urban development areas Conversion of UDA development approval to SPA development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Outstanding UDA development applications . . . . . . . . . . . . . . . . Provisions for converted SPA development approval . . . . . . . . . . Lawful uses in urban development area . . . . . . . . . . . . . . . . . . . . Relationship with particular Acts about local government Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Development schemes Making development schemes Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Development scheme required. . . . . . . . . . . . . . . . . . . . . . . . . . . Content of development scheme . . . . . . . . . . . . . . . . . . . . . . . . . Preparation of proposed development scheme . . . . . . . . . . . . . . Public notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Submissions on proposed scheme . . . . . . . . . . . . . . . . . . . . . . . Consideration of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of proposed scheme . . . . . . . . . . . . . . . . . . . . . . . . Initial making and submission of scheme. . . . . . . . . . . . . . . . . . . Notice of submitted scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ministerial power to amend submitted scheme . . . . . . . . . . . . . . Direction to authority to engage again in public notification and submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . When proposed scheme takes effect . . . . . . . . . . . . . . . . . . . . . . Notice of development scheme . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of development schemes Amendment by Minister Power to amend at authority’s request . . . . . . . . . . . . . . . . . . . . . When amendment takes effect. . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment by authority Division 1 process applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tabling and inspection of development schemes Tabling and inspection requirement . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provision Development scheme prevails over particular instruments . . . . . 18 18 19 19 20 20 20 21 22 22 23 23 23 23 24 24 25 25 25 26 27 27 27 28 29

Urban Land Development Authority Act 2007 Contents Part 4 Division 1 41 42 43 44 45 Division 2 46 47 48 49 50 Division 3 Subdivision 1 51 51A Subdivision 2 52 53 54 55 56 57 58 59 60 Subdivision 3 61 Subdivision 4 62 63 Development and uses in urban development areas UDA development offences Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Carrying out UDA assessable development without UDA development permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 UDA self-assessable development must comply with development scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Compliance with UDA development approval. . . . . . . . . . . . . . . . 30 Offence about use of premises. . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Protection of particular uses and rights Exemption for particular SPA development approvals and community infrastructure designations. . . . . . . . . . . . . . . . . . . . . 30 Lawful uses of premises protected . . . . . . . . . . . . . . . . . . . . . . . . 31 Lawfully constructed buildings and works protected . . . . . . . . . . 31 Amendment of development scheme does not affect existing SPA or UDA development approval . . . . . . . . . . . . . . . . . . . . . . . 31 Development or use carried out in emergency. . . . . . . . . . . . . . . 32 UDA development applications Making application How to make application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Development involving a State resource . . . . . . . . . . . . . . . . . . . 33 Processing application Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Information requests to applicant . . . . . . . . . . . . . . . . . . . . . . . . . 34 Notice of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Deciding application generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Restrictions on granting approval . . . . . . . . . . . . . . . . . . . . . . . . . 37 Matters to be considered in making decision . . . . . . . . . . . . . . . . 37 UDA development conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Decision notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Restriction on giving decision notice if authority has a financial interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Appeals Right of appeal against particular conditions . . . . . . . . . . . . . . . . 40 Ministerial call in Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Minister’s power to call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Page 3

Urban Land Development Authority Act 2007 Contents 64 65 66 Subdivision 5 67 68 69 Division 4 Subdivision 1 70 71 72 73 Subdivision 2 74 75 Subdivision 3 76 77 78 Division 5 79 80 Part 5 Division 1 81 82 83 84 85 86 Division 2 87 88 Call in ends decision, approval and any appeal . . . . . . . . . . . . . . Notice of call in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minister must re-decide application . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Approved material change of use required for particular developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Changing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Withdrawing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UDA development approvals General provisions Types of UDA development approvals . . . . . . . . . . . . . . . . . . . . . Duration of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approval attaches to the relevant land . . . . . . . . . . . . . . . . . . . . . Provision for enforcement of UDA development conditions . . . . . Cancellations and changes Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application to change UDA development approval. . . . . . . . . . . . Lapsing When approval lapses generally . . . . . . . . . . . . . . . . . . . . . . . . . Application to extend currency period . . . . . . . . . . . . . . . . . . . . . Deciding extension application . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Restriction on particular land covenants . . . . . . . . . . . . . . . . . . . Plans of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings and related matters Enforcement proceedings in Planning and Environment Court Starting proceeding for enforcement order. . . . . . . . . . . . . . . . . . Making interim enforcement order . . . . . . . . . . . . . . . . . . . . . . . . Making enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Effect of enforcement order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers about enforcement orders . . . . . . . . . . . . . . . . . . . . . . . . Offence to contravene enforcement order . . . . . . . . . . . . . . . . . . Proceedings for offences Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Limitation on time for starting proceeding for summary offence. . 42 42 43 43 44 44 45 45 46 46 47 47 48 51 51 52 52 54 54 54 55 56 57 57 58 Page 4

89 90 Division 3 91 92 Part 6 Division 1 93 94 95 Division 2 96 97 98 99 100 101 102 103 104 Division 3 105 105A 106 107 108 109 110 111 112 Division 4 113 114 115 Urban Land Development Authority Act 2007 Contents Orders Magistrates Court may make in offence proceeding . . . . Offence to contravene Magistrates Court order . . . . . . . . . . . . . . Miscellaneous provisions Authority’s power to remedy stated public nuisance. . . . . . . . . . . Planning and Environment Court may make declarations . . . . . . Urban Land Development Authority Establishment Establishment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authority’s functions and powers Main function and its achievement . . . . . . . . . . . . . . . . . . . . . . . . General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditional disposal of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Roads and road closures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to vest land in permanently closed road or unallocated State land in urban development areas . . . . . . . . . . . . . . . . . . . . Special rates or charges. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of special rate or charge . . . . . . . . . . . . . . . . . . . . . . Application of local government entry powers for authority’s functions or powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of authority Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chairperson and deputy chairperson . . . . . . . . . . . . . . . . . . . . . . Eligibility for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terms and conditions of appointment. . . . . . . . . . . . . . . . . . . . . . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection of members from civil liability . . . . . . . . . . . . . . . . . . . Meetings and other business of authority Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 59 59 59 60 60 60 61 61 62 62 63 64 65 66 67 68 69 69 70 70 70 70 71 72 72 73 73 Page 5

Urban Land Development Authority Act 2007 Contents 116 117 118 119 Division 5 120 121 122 Division 6 123 124 125 Division 7 126 127 128 129 130 131 132 133 134 135 136 Part 6A 136A 136B 136C 136D 136E Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Decisions outside meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Minutes and record of decisions. . . . . . . . . . . . . . . . . . . . . . . . . . 74 Staff of authority Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Preservation of rights of chief executive officer . . . . . . . . . . . . . . 74 Other staff. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Identity cards for particular employees and agents Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 76 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Miscellaneous provisions Report about person’s criminal history for particular appointments .................................. 76 Recovery of special rate or charge. . . . . . . . . . . . . . . . . . . . . . . . 78 Application fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Giving information about roads to relevant local government. . . . 79 Ministerial directions or guidelines to the authority. . . . . . . . . . . . 79 Ministerial access to information . . . . . . . . . . . . . . . . . . . . . . . . . 79 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Infrastructure agreements Application of pt 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Exercise of discretion unaffected by infrastructure agreements . . 83 Infrastructure agreements prevail if inconsistent with UDA development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Infrastructure agreement continues beyond cessation of urban development area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Consultation with public sector entities before entering into particular infrastructure agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Page 6

Part 7 Division 1 137 138 Division 2 139 140 141 142 143 144 145 146 Part 8 Division 1 147 Division 2 148 Schedule Urban Land Development Authority Act 2007 Contents Miscellaneous provisions Directions by Governor in Council Direction to government entity or local government to accept transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Direction to government entity or local government to provide or maintain infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other miscellaneous provisions Exchange of documents and information with other entities with planning or registration functions . . . . . . . . . . . . . . . . . . . . . . . . . Executive officer must ensure corporation does not commit particular offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Giving authority a false or misleading document . . . . . . . . . . . . . Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provisions Transitional provision for Sustainable Planning Act 2009 Application of s 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transitional provision for Building and Other Legislation Amendment Act 2010 Application of s 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 86 86 87 88 88 89 89 89 90 90 90 92 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 99 99 100 100 101 Page 7

Urban Land Development Authority Act 2007 Part 1 Preliminary [s 1] Urban Land Development Authority Act 2007 [as amended by all amendments that commenced on or before 17 February 2012] An Act for the development of land in particular parts of the State, and for related purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Urban Land Development Authority Act 2007 . 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Main purposes of Act and their achievement (1) For achieving its main purposes, this Act— (a) provides for particular parts of the State to be declared as areas called urban development areas; and (b) establishes the Urban Land Development Authority to plan, carry out, promote or coordinate and control, the development of land in those areas. (2) The main purposes of this Act are to facilitate the following in the areas— (a) the availability of land for urban purposes; Reprint 2B effective 17 February 2012 Page 9

Urban Land Development Authority Act 2007 Part 1 Preliminary [s 4] (b) the provision of a range of housing options to address diverse community needs; (c) the provision of infrastructure for urban purposes; (d) planning principles that give effect to ecological sustainability and best practice urban design; (e) the provision of an ongoing availability of affordable housing options for low to moderate income households. (3) In this section— ecological sustainability means a balance that integrates— (a) protection of ecological processes and natural systems at local, regional, State and wider levels; and (b) economic development; and (c) maintenance of the cultural, economic, physical and social wellbeing of people and communities. range of housing options , to address diverse community needs, means the range of housing required to meet the range of community needs, including, for example, housing of different size, type, price, built form, density, cost, adaptability and tenure. 4 Act binds all persons (1) This Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. Page 10 Reprint 2B effective 17 February 2012

Division 2 Urban Land Development Authority Act 2007 Part 1 Preliminary [s 5] Interpretation 5 Definitions The dictionary in the schedule defines particular words used in this Act. 6 Development and its types (1) Development is any of the following— (a) carrying out building work; (b) carrying out plumbing or drainage work; (c) carrying out operational work; (d) reconfiguring a lot; (e) making a material change of use of premises. (2) UDA assessable development is development that a development scheme provides is UDA assessable development. (3) UDA self-assessable development is development that a development scheme provides is UDA self-assessable development. (4) Development other than UDA assessable development or UDA self-assessable development is UDA exempt development . Reprint 2B effective 17 February 2012 Page 11

Urban Land Development Authority Act 2007 Part 2 Urban development areas [s 7] Part 2 Urban development areas Division 1 Declaration and revocation of urban development areas 7 Declaration (1) A regulation (a declaration regulation ) may declare a part of the State to be an urban development area. (2) In making the declaration, regard must be had to the main purposes of this Act. 8 Interim land use plan required (1) A declaration regulation must make an interim land use plan regulating development in the urban development area declared under it. (2) The plan may provide for any matter mentioned in section 23(2)(a) or (3). (3) Until a development scheme for the area takes effect, the plan has effect as if a development scheme were in force for the area and the interim land use plan was the land use plan included in the development scheme. (4) To remove any doubt, it is declared that a reference to a land use plan in section 23 or 35 is taken not to include a reference to an interim land use plan that takes effect under subsection (3) as the land use plan. 9 Expiry of interim land use plan (1) An interim land use plan for an urban development area expires 12 months after it commences. (2) However, if a caretaker period occurs during the 12-month period, the period is extended by a further period equal to the caretaker period plus 20 business days. Page 12 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 2 Urban development areas [s 10] (3) A regulation may make a new land use plan for the urban development area. (4) Section 8(2) and (3) applies to the new land use plan. 10 Tabling and inspection of documents adopted in declaration regulation (1) This section applies if— (a) a declaration regulation makes an interim land use plan by adopting, applying or incorporating all or part of another document (the adopted provisions ); and (b) the adopted provisions are not part of, or attached to, the regulation. (2) The Minister must, when the regulation is tabled in the Legislative Assembly under the Statutory Instruments Act 1992 , section 49, also table a copy of the adopted provisions. Note — The authority must keep a register of interim land use plans as amended from time to time, and publish them on its website. See section 132. (3) A failure to comply with this section does not invalidate or otherwise affect the regulation. 11 Revocation or reduction of urban development area (1) This section applies if it is proposed to amend or revoke a declaration regulation (the UDA change ) so that land in an urban development area will no longer be in an urban development area. (2) Subject to subsection (4), the Minister may, by notice to the relevant local government, make an amendment of the local government’s planning instruments to provide for the land (the planning instrument change ). (3) On the giving of the notice, the planning instrument change is, for the Sustainable Planning Act, taken to have been made by the local government. Reprint 2B effective 17 February 2012 Page 13

Urban Land Development Authority Act 2007 Part 2 Urban development areas [s 12] (4) The Sustainable Planning Act, section 117 does not apply for the making of the planning instrument change. (5) Before making the planning instrument change, the Minister must— (a) give the relevant local government the proposed planning instrument change; and (b) invite it to, within 40 business days after it is given the proposed amendment, make submissions to the Minister about the proposed planning instrument change; and (c) consider any submissions made under paragraph (b). (6) The UDA change may be made only if the Minister has made the planning instrument change. (7) The planning instrument change takes effect at the same time as the UDA change. 12 Interim local laws (1) This section applies if land ceases to be in an urban development area and, immediately before the cessation, by-laws applied to the area. (2) A regulation may make a local law (the interim local law ) for the land, about any matter provided for under the by-laws. (3) However, the regulation may be made only if the relevant local government has agreed to the making of the regulation. (4) For the Local Government Act 2009 , the interim local law is taken to have been made under that Act by the relevant local government. (5) The interim local law expires 12 months after it commences. Page 14 Reprint 2B effective 17 February 2012

Division 2 Urban Land Development Authority Act 2007 Part 2 Urban development areas [s 13] Relationship with Sustainable Planning Act Subdivision 1 Provisions about the declaration of urban development areas 13 Existing SPA development applications (1) This section applies if, immediately before the declaration of an area as an urban development area— (a) an SPA development application had been made for land in the area; and (b) the application was a properly made application and had not lapsed under that Act; and (c) the application had not been decided. (2) Despite the declaration, the application must be decided under the Sustainable Planning Act, and that Act continues to apply, as if the land were not land in an urban development area. 14 Existing SPA development approvals If, immediately before the declaration of an area as an urban development area, an SPA development approval is in effect for land in the area, the approval continues in effect as an SPA development approval. 14A Special provision for Northshore Hamilton urban development area (1) This section applies in relation to balance port land that is in the Northshore Hamilton urban development area under this Act. (2) A person may apply to the authority to restart a use of premises on the land if— (a) the use— Reprint 2B effective 17 February 2012 Page 15

Urban Land Development Authority Act 2007 Part 2 Urban development areas [s 14A] (i) is authorised under a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect; or (ii) was a lawful use of premises immediately before the taking of effect of the first interim land use plan; or (ii) is generally consistent with a use mentioned in subparagraph (i) or (ii); and (b) the application is made within 6 months after the use stopped. (3) For making, dealing with and deciding the application, part 4, division 3 applies, with any necessary changes, as if it were a UDA development application. (4) A person may, under section 75, apply to the authority to change a development approval for a use mentioned in subsection (2)(a)(i) or (ii) to an extent that— (a) only changes the configuration or layout of buildings, other structures or plant; and (b) does not involve an extension of the area of any buildings, other structures or plant. (5) A person may apply to the authority to change a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect, as if the approval were a UDA development approval. (6) An application under subsection (4) or (5) may be made under section 75 as if it were an amendment application under that section. Note — Under section 75(2), an amendment application may be made only if the authority is satisfied the change would not result in the relevant development being materially different. (7) An application mentioned in this section may be made to the authority, and approved by the authority, despite any provision of the northshore scheme that prohibits the development. Page 16 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 2 Urban development areas [s 15] (8) An application mentioned in this section may be made in relation to premises from the commencement until the day the term of the current lease for the premises ends. (9) In this section— balance port land see the Transport Infrastructure Act 1994 , section 283I. commencement means the day this section commences. current lease , for premises, means a lease that is in existence for the premises immediately before the commencement of this section. first interim land use plan means the first interim land use plan for the Northshore Hamilton urban development area under this Act. Port of Brisbane Corporation means Port of Brisbane Corporation Limited ACN 124 048 522. 15 Community infrastructure designations (1) A community infrastructure designation can not be made for land in an urban development area. (2) However, a community infrastructure designation in force immediately before the declaration of the urban development area continues in force for the land. (3) Subsection (1) applies, despite the Sustainable Planning Act, chapter 5. Note — See also part 4, division 2 (Protection of particular uses and rights). Reprint 2B effective 17 February 2012 Page 17

Urban Land Development Authority Act 2007 Part 2 Urban development areas [s 16] Subdivision 2 Provisions about the cessation of urban development areas 16 Conversion of UDA development approval to SPA development approval (1) This section applies if— (a) land ceases to be in an urban development area; and (b) immediately before the cessation, a UDA development approval was in force for the land. (2) On the cessation, the UDA development approval is taken to be an SPA development approval for the land that took effect at the same time as the UDA development approval. (3) However, if an appeal under section 61 has been started, or is started within 20 business days after the cessation, the appeal may be decided under that section as if the cessation had not happened. 17 Outstanding UDA development applications (1) This section applies if— (a) land ceases to be in an urban development area; and (b) immediately before the cessation, a UDA development application had been made for the land but not decided. (2) Despite the cessation, the application must continue to be decided under this Act as if— (a) the land were still in an urban development area; and (b) the application were being decided on the day before the cessation. (3) If a UDA development approval is granted because of the application, the approval is, immediately after it takes effect under this Act, taken to be an SPA development approval. Page 18 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 2 Urban development areas [s 18] 18 Provisions for converted SPA development approval (1) This section applies for a UDA development approval that, under section 16(2) or 17(3), becomes an SPA development approval. (2) UDA development conditions stated in the UDA development approval are taken to be conditions of the SPA development approval. (3) The Sustainable Planning Act, section 461 does not apply to the SPA development approval or the conditions, or a decision relating to any of them. (4) To remove any doubt, it is declared that subsection (3) does not limit or otherwise affect any appeal mentioned in section 16(3). (5) The assessing authority under the Sustainable Planning Act for the SPA development approval is taken to be the entity that would have been the assessing authority had— (a) the relevant land never been in an urban development area; and (b) an SPA development application been made for the relevant development when the UDA development application for the UDA development approval was made. (6) A person other than the assessing authority under subsection (5) can not bring a proceeding under the Sustainable Planning Act, section 456 in relation to the SPA development approval or the conditions. 19 Lawful uses in urban development area If— (a) under an Act, a use of premises in an urban development area is a lawful use of the premises; and (b) the premises ceases to be in an urban development area; the use is taken to be a lawful use of the premises under the Sustainable Planning Act. Reprint 2B effective 17 February 2012 Page 19

Urban Land Development Authority Act 2007 Part 3 Development schemes [s 20] Division 3 Relationship with particular Acts about local government 20 Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009 (1) The declaration of an area as an urban development area does not affect— (a) the operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to the area; or (b) the area of the relevant local government; or (c) the jurisdiction, under the Acts, of the relevant local government. (2) However, the performance of the relevant local government’s functions or the exercise of its powers under the Acts is subject to the authority’s functions or powers under this Act. (3) Subsection (1) is subject to section 104. Part 3 Development schemes Division 1 Making development schemes 21 Application of div 1 This division applies on the declaration of an urban development area. 22 Development scheme required (1) Subject to the other provisions of this division, the authority must make a development scheme for the area as soon as practicable after the making of the declaration. Page 20 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 3 Development schemes [s 23] (2) The development scheme is a statutory instrument. 23 Content of development scheme (1) The development scheme may provide for any matter that the authority considers will promote the proper and orderly planning, development and management of the area. (2) The development scheme must include— (a) a land use plan regulating development in the area; and (b) a plan for infrastructure in the area; and (c) an implementation strategy to achieve the main purposes of this Act for the area, to the extent they are not achieved by the land use plan or infrastructure plan. (3) Without limiting subsection (2)(a), the land use plan may— (a) provide for any matter about which a planning instrument may provide for an area; or (b) prohibit the carrying out of particular assessable development; or (c) identify any UDA assessable development or UDA self-assessable development in the area; or (d) state that particular development is consistent or inconsistent with the plan; or (e) require public notice of UDA development applications for stated UDA assessable development in the area. (4) Despite subsections (1) and (2), the development scheme is subject to part 4, division 2. (5) In making the development scheme, the authority must consider, but is not bound by, a requirement under any of the following relevant to the area— (a) a planning instrument; (b) a plan, policy or code made under the Sustainable Planning Act or another Act. Reprint 2B effective 17 February 2012 Page 21

Urban Land Development Authority Act 2007 Part 3 Development schemes [s 24] 24 Preparation of proposed development scheme (1) The authority must, as soon as practicable, prepare a proposed development scheme for the area. (2) However, before preparing the proposed scheme, the authority— (a) must consult, in the way it considers appropriate, with the relevant local government; and (b) must make reasonable endeavours to consult, in the way it considers appropriate, with any of the following the authority considers will be likely to be affected by a development scheme for the area— (i) a government entity or GOC; (ii) another person or entity. 25 Public notification (1) After preparing the proposed development scheme, the authority must— (a) publish the proposed scheme on its website; and (b) in a gazette notice— (i) state that the proposed scheme may be inspected on the authority’s website; and (ii) invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period ); and (c) publish a notice to the same effect as the gazette notice at least once in a newspaper circulating in the area of the relevant local government. (2) The submission period must end at least 30 business days after it starts. Page 22 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 3 Development schemes [s 26] 26 Submissions on proposed scheme Anyone may make submissions about the proposed development scheme within the submission period. 27 Consideration of submissions (1) The authority must consider any submissions received within the submission period. (2) Subsection (1) does not prevent the authority from considering a submission made to it after the submission period has ended. 28 Amendment of proposed scheme (1) After complying with section 27, the authority may amend the proposed development scheme in any way it considers appropriate. (2) If the authority considers the amendment significantly changes the proposed scheme, it must re-comply with sections 25 and 27 for the amended scheme. 29 Initial making and submission of scheme (1) The authority must, as soon as practicable after complying with section 27 and 28, make the development scheme (the submitted scheme ) and give it to the Minister. (2) The submitted scheme must be accompanied by a report that— (a) summarises the submissions considered by the authority; and (b) is about— (i) the merits of the submissions; and (ii) to what extent the proposed development scheme was amended to reflect the submissions. Reprint 2B effective 17 February 2012 Page 23

Urban Land Development Authority Act 2007 Part 3 Development schemes [s 30] 30 Notice of submitted scheme The authority must, as soon as practicable after giving the Minister the submitted scheme, give each person (a submitter ) who made a submission received within the submission period about the scheme a notice stating that— (a) the scheme has been made and submitted to the Minister; and (b) the authority’s report about the submitted scheme can be inspected on its website; and (c) if the submitter is an affected owner for the relevant urban development area—that the submitter may, within 20 business days after receiving the notice, ask the Minister to amend the submitted scheme to protect the owner’s interests. 31 Ministerial power to amend submitted scheme (1) The Minister may, within 45 business days after the submitted scheme is given to the Minister, amend the submitted scheme in a way the Minister considers appropriate. (2) Without limiting subsection (1), the Minister may amend the submitted scheme to— (a) protect an affected owner’s interests; or (b) ensure the implementation of the scheme complies with this Act; or (c) make a minor administrative amendment. (3) Subsection (4) applies if— (a) an affected owner for the relevant urban development area asks the Minister to amend the submitted scheme to protect the affected owner’s interests; and (b) the Minister requires additional time to consider a matter raised by the affected owner. (4) The Minister has a further period, of not more than 20 business days decided by the Minister, to amend the submitted Page 24 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 3 Development schemes [s 32] scheme in a way the Minister considers appropriate to protect the affected owner’s interests. (5) If a caretaker period occurs within 45 business days after the submitted scheme is given to the Minister, the Minister has a further period, equal to the caretaker period plus 20 business days, to amend the submitted scheme in a way the Minister considers appropriate. (6) Despite subsections (1) to (5), an amendment to protect an affected owner’s interests may be made only if the affected owner has, within 20 business days after being given notice of the submitted scheme under section 30, asked the Minister to amend the scheme to protect the owner’s interests. 32 Direction to authority to engage again in public notification and submissions If the Minister considers an amendment of the submitted scheme significantly changes the submitted scheme, the Minister must give the authority a written direction to re-comply with sections 25, 27, 28 and 29 for the submitted scheme as amended. 33 When proposed scheme takes effect The development scheme does not take effect until it has been approved under a regulation. Note — For UDA development applications, see however section 57 (Matters to be considered in making decision). 34 Notice of development scheme The authority must, as soon as practicable after the development scheme takes effect— (a) publish the scheme on its website; and (b) publish at least once in a newspaper circulating in the area a notice stating that— Reprint 2B effective 17 February 2012 Page 25

Urban Land Development Authority Act 2007 Part 3 Development schemes [s 35] (i) the scheme has been approved; and (ii) it may be inspected on the authority’s website; and (c) give each person who made a submission received within the submission period about the scheme a notice that— (i) the scheme has been approved; and (ii) the authority’s report about the scheme can be inspected on its website. Division 2 Amendment of development schemes Subdivision 1 Amendment by Minister 35 Power to amend at authority’s request (1) The Minister may, at the authority’s request, amend a development scheme if— (a) the amendment does not change the land use plan for the relevant urban development area; or (b) the amendment changes the land use plan—the Minister considers— (i) the amendment is necessary to ensure the implementation of the scheme complies with this Act; or (ii) there is a significant risk of serious environmental harm, within the meaning of the Environmental Protection Act 1994 , section 17, or serious adverse cultural, economic or social conditions occurring in the relevant urban development area; or (c) the amendment is a minor administrative amendment. Page 26 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 3 Development schemes [s 36] (2) To remove any doubt, it is declared that an amendment mentioned in subsection (1)(b) may be made even if it is materially detrimental to someone’s interests. 36 When amendment takes effect An amendment of a development scheme by the Minister does not take effect until it has been approved under a regulation. 37 Notice of amendment The authority must, as soon as practicable after an amendment of a development scheme by the Minister takes effect— (a) publish the amended development scheme on its website; and (b) publish at least once in a newspaper circulating in the area of the relevant urban development area, a notice stating that— (i) the scheme has been amended; and (ii) the amended scheme may be inspected on the authority’s website; and (c) if the amendment was made under section 31, tell the relevant affected owner that— (i) the scheme has been amended because of the request; and (ii) the amended scheme may be inspected on the authority’s website. Subdivision 2 Amendment by authority 38 Division 1 process applies (1) The authority may amend a development scheme only if procedures under division 1 for making development schemes have been followed. Reprint 2B effective 17 February 2012 Page 27

Urban Land Development Authority Act 2007 Part 3 Development schemes [s 39] (2) Division 1 applies to the amendment as if— (a) a reference in the division to making a development scheme were a reference to the making of the amendment; and (b) a reference in the division to a proposed development scheme were a reference to the proposed amendment; and (c) a reference in section 25(2) to 30 business days were a reference to 15 business days; and (d) a reference in section 30(c) to 20 business days were a reference to 10 business days; and (e) a reference in section 31(1) or (5) to 45 business days were a reference to 20 business days; and (f) a reference in section 31(6) to 20 business days were a reference to 10 business days. Subdivision 3 Tabling and inspection of development schemes 39 Tabling and inspection requirement (1) This section applies if— (a) a regulation under this division approves a development scheme or an amendment of a development scheme; and (b) the development scheme or amendment is not part of, or attached to, the regulation. (2) The Minister must, when the regulation is tabled in the Legislative Assembly under the Statutory Instruments Act 1992 , section 49, also table a copy of the development scheme or amendment. Note — The authority must keep a register of development schemes as amended from time to time, and publish them on its website. See section 132. Page 28 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 40] (3) A failure to comply with this section does not invalidate or otherwise affect the regulation. Division 3 Miscellaneous provision 40 Development scheme prevails over particular instruments If there is a conflict between a development scheme and any of the following instruments, the development scheme prevails to the extent of the inconsistency— (a) a planning instrument; (b) a plan, policy or code made under the Sustainable Planning Act or another Act. Part 4 Development and uses in urban development areas Division 1 UDA development offences 41 Application of div 1 This division applies subject to division 2. 42 Carrying out UDA assessable development without UDA development permit (1) A person must not carry out UDA assessable development in an urban development area without a UDA development permit for the development. Maximum penalty—1665 penalty units. Reprint 2B effective 17 February 2012 Page 29

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 43] (2) Despite subsection (1), the maximum penalty is 17000 penalty units if the UDA assessable development is— (a) the demolition of a building identified in a development scheme as a building of cultural heritage significance; or (b) on a Queensland heritage place under the Queensland Heritage Act 1992 . 43 UDA self-assessable development must comply with development scheme If a person carries out UDA self-assessable development in an urban development area, the person must comply with the requirements under the development scheme for the area about carrying out UDA self-assessable development. Maximum penalty—165 penalty units. 44 Compliance with UDA development approval A person must not contravene a UDA development approval. Maximum penalty—1665 penalty units. 45 Offence about use of premises A person must not use premises in an urban development area unless the use is a lawful use of the premises. Maximum penalty—1665 penalty units. Division 2 Protection of particular uses and rights 46 Exemption for particular SPA development approvals and community infrastructure designations (1) This section applies to— Page 30 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 47] (a) an SPA development approval for land in an urban development area— (i) granted under section 13(2); or (ii) continued in force under section 14; and (b) a community infrastructure designation continued in force, under section 15(2), for land in an urban development area. (2) The carrying out of development or the use of premises under the approval or community infrastructure designation is not a UDA development offence. 47 Lawful uses of premises protected (1) This section applies if, immediately before the taking of effect of a development scheme, or of an amendment of a development scheme, the use of premises was a lawful use of the premises in the relevant urban development area. (2) Neither the development scheme nor the amendment can— (a) stop the use from continuing; or (b) further regulate the use; or (c) require the use to be changed. 48 Lawfully constructed buildings and works protected To the extent a building has been lawfully constructed or works lawfully carried out, neither a development scheme nor an amendment of a development scheme can require the building or work to be altered or removed. 49 Amendment of development scheme does not affect existing SPA or UDA development approval (1) This section applies if— Reprint 2B effective 17 February 2012 Page 31

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 50] (a) an SPA development approval or UDA development approval is in effect for premises in an urban development area; and (b) after the approval is given, the development scheme for the area is amended. (2) To the extent the approval has not lapsed, the amendment does not stop or further regulate the relevant development, or otherwise affect the approval. 50 Development or use carried out in emergency A person does not commit a UDA development offence if— (a) the person carries out development or a use of premises because of an emergency endangering— (i) the life or health of a person; or (ii) the structural safety of a building; and (b) the person gives notice of the development or use that would otherwise be a UDA development offence to the authority as soon as practicable after starting the development or use. Division 3 UDA development applications Subdivision 1 Making application 51 How to make application (1) Each UDA development application must— (a) be made to the authority in the approved form; and (b) contain, or be accompanied by, the consent of the owner of the relevant land, other than to the extent the application is for operational work; and Page 32 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 51A] (c) if, under section 51A(1), the application is required to be supported by evidence mentioned in the subsection—contain, or be accompanied by, the evidence; and (d) be accompanied by the application fee decided by the authority. Note — A single application may be made for both a UDA preliminary approval and a UDA development permit. (2) However, if the owner of the relevant land is the State and section 51A(1) applies to the application, the consent of the owner of the relevant land is not required. (3) The application is a properly made application only if— (a) it complies with subsection (1); or (b) the authority receives and, after considering any noncompliance with subsection (1), accepts the application. 51A Development involving a State resource (1) To the extent the development to which a UDA development application relates involves a State resource prescribed under the Sustainable Planning Act, section 264(1), the application must be supported by 1 or more of the following as required under that section for the development— (a) evidence of an allocation of, or an entitlement to, the resource; (b) evidence the chief executive of the department administering the resource is satisfied the development is consistent with an allocation of, or an entitlement to, the resource; (c) evidence the chief executive of the department administering the resource is satisfied the development application may proceed in the absence of an allocation of, or an entitlement to, the resource. Reprint 2B effective 17 February 2012 Page 33

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 52] (2) The document containing the evidence may state a day, at least 6 months after the date of the document, after which an application to which the evidence in the document relates may not be made using the evidence. Subdivision 2 Processing application 52 Application of sdiv 2 This subdivision applies if a UDA development application is a properly made application under section 51. 53 Information requests to applicant (1) The authority may, by notice (an information request ), ask the applicant to, within a stated period of at least 20 business days, give further stated information the authority needs to decide the application. (2) However, an information request can not be made more than 20 business days after the making of the application. (3) If the applicant does not comply with the request, the authority may refuse the application. (4) However, the authority may refuse the application only if it has given the applicant at least 10 business days notice of its intention to do so. 54 Notice of application (1) This section applies only if— (a) the land use plan for the relevant urban development area requires public notice of UDA development applications; or (b) the authority, within 20 business days after the making of the application, gives the applicant notice that the applicant must comply with this section. Page 34 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 54] (2) The applicant must— (a) publish a notice about the application in a newspaper circulating in the area of the relevant local government; and (b) give a copy of the notice to each entity the authority requires the applicant to give a copy to; and (c) place the notice on the land in the way prescribed under a regulation; and (d) give the notice to the owners of all land that adjoins the land. (3) However, if an information request has been given for the application, the steps under subsection (2) must not start until the applicant has complied with the request. (4) The notice must— (a) state that— (i) the applicant has made a UDA development application; and (ii) the application may be inspected on the authority’s website; and (b) describe the relevant land; and (c) generally describe the relevant development; and (d) invite anyone to make submissions to the authority about the application within a stated period (the submission period ); and (e) state that the making of a submission does not give rise to a right of appeal against a decision about the application. (5) The submission period— (a) must not start before subsection (2) is complied with; and (b) must be at least 20 business days; and Reprint 2B effective 17 February 2012 Page 35

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 55] (c) must not include any business day from 20 December in a particular year to 5 January in the following year, both days inclusive. (6) A requirement under subsection (2)(b) may be made only if the authority considers the entity has an interest in the outcome of the application. 55 Deciding application generally (1) The authority can not decide the application unless the authority is satisfied— (a) if an information request has been made for the application—the request has been complied with; and (b) if section 54 applies for the application—the applicant has complied with the section; and (c) the submission period for the application has ended. (2) Subject to section 53(3), the authority must decide the application within 40 business days after it is satisfied as mentioned in subsection (1). (3) However, a failure to comply with subsection (2) does not prevent the authority from deciding the application. (4) The authority must decide to— (a) grant all or part of the UDA development approval applied for; or (b) grant all or part of the UDA development approval applied for subject to conditions decided by the authority (each a UDA development condition ); or (c) refuse to grant a UDA development approval. (5) To remove any doubt, it is declared that— (a) the authority may give a UDA preliminary approval, even though the applicant sought a UDA development permit; and (b) if the authority approves only part of an application, the balance of the application is taken to have been refused. Page 36 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 56] 56 Restrictions on granting approval (1) The authority can not grant the UDA development approval applied for if the relevant development would be inconsistent with the land use plan for the relevant urban development area unless— (a) an SPA preliminary approval is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or (b) a UDA preliminary approval is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or (c) there is a proposed development scheme for the area and the relevant development would be consistent with the proposed development scheme. (2) To remove any doubt, it is declared that subsection (1) does not require the authority to grant the UDA development approval only because subsection (1)(a), (b) or (c) applies. (3) In this section— proposed development scheme , for the relevant urban development area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 25, or section 25 as applied under section 38, that has not taken effect. 57 Matters to be considered in making decision (1) In deciding the application, the authority must consider— (a) the purposes of this Act; and (b) any submissions made to it about the application, during the submission period; and (c) the following, as in force or as prepared when the application is decided— (i) if there is a development scheme for the relevant urban development area—the development scheme; Reprint 2B effective 17 February 2012 Page 37

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 57] (ii) if there is no development scheme for the area but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; and (iii) if there is no development scheme for the area and no proposed development scheme for the area—the interim land use plan for the area; and (d) any UDA preliminary approval in force for the relevant land; and (e) any SPA preliminary approval in force for the relevant land. (2) Also, in deciding the application, if— (a) there is— (i) a development scheme or interim land use plan for the area; and (ii) a proposed development scheme for the area; and (b) the proposed development scheme was prepared after the development scheme or interim land use plan took effect; the authority may, subject to section 56, give the weight it considers appropriate to the proposed scheme. (3) Subsection (1)(b) does not prevent the authority from considering a submission about the application made to it after the submission period has ended. (4) In this section— proposed development scheme , for the area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 25, or section 25 as applied under section 38, that has not taken effect. Page 38 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 58] 58 UDA development conditions Without limiting section 55(4), a UDA development condition may— (a) nominate a stated entity to be the nominated assessing authority for the condition; or (b) relate to infrastructure, and the payment of contributions or the surrender of land for infrastructure, for any urban development area; or (c) require the making of stated improvements to the relevant land; or (d) impose a condition or restriction on a disposal of the relevant land. 59 Decision notice (1) Subject to section 60, the authority must, within 5 business days after deciding the application, give notice of the decision (the decision notice ) to— (a) the applicant; and (b) the relevant local government; and (c) if the decision was to grant a UDA development approval—any nominated assessing authority. (2) The decision notice must— (a) be in the approved form; and (b) state the decision; and (c) state any UDA development conditions decided. (3) If the decision was to refuse to grant an approval, the decision notice must state the reasons for the refusal. (4) If the decision was to grant a UDA development approval, the authority must, when giving the decision notice to an entity mentioned in subsection (1), also give the entity a copy of any plans and specifications approved by the authority concerning the approval. Reprint 2B effective 17 February 2012 Page 39

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 60] 60 Restriction on giving decision notice if authority has a financial interest (1) This section applies if— (a) the authority has a financial interest in the relevant development because of its participation in a business arrangement other than with a government entity, GOC or local government; and (b) the authority proposes to approve the application or approve it subject to conditions. (2) The authority can not give a decision notice for the application unless the Minister has approved the proposed decision. (3) In this section— business arrangement means a company, partnership, trust or joint venture or an arrangement with anyone for sharing profits. participate includes form, promote, establish, enter into, manage, dissolve, wind-up or otherwise externally administer and do anything else incidental to any of those things. Subdivision 3 Appeals 61 Right of appeal against particular conditions (1) This section applies if a UDA development condition includes a nominated assessing authority (the entity ) . (2) The person who made the relevant UDA development application may appeal to the Planning and Environment Court against the authority’s decision to impose the condition. (3) An appeal under subsection (1) must be started within 20 business days after the day the applicant is given notice of the decision. (4) The Sustainable Planning Act, chapter 7, part 1, divisions 11 to 13, apply to the appeal as if— Page 40 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 62] (a) it were an appeal mentioned in the divisions; and (b) the entity were the only other party to the appeal. (5) However— (a) the appellant must, as soon as practicable after giving the entity the notice of the appeal required under the Sustainable Planning Act, chapter 7, part 1, division 11, give the authority a copy of the notice; and (b) the authority may, by lodging a notice of election with the registrar of the court, elect to become a party to the appeal. (6) The authority must give the other parties a copy of the notice of election as soon as practicable after it is lodged. Subdivision 4 Ministerial call in 62 Application of sdiv 4 This subdivision applies if a decision notice is given for a UDA development application. 63 Minister’s power to call in (1) The Minister may, by notice (the call in notice ) to the authority given within the relevant period, call in the application. (2) However, the Minister may give the call in notice only if the Minister considers the relevant development involves a State interest. (3) In this section— relevant period means— (a) for a decision to refuse to grant a UDA development approval, 10 business days after the giving of the decision notice; or Reprint 2B effective 17 February 2012 Page 41

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 64] (b) for a decision to grant a UDA development approval, the latest of the following periods to end— (i) 10 business days after the approval takes effect; (ii) 10 business days after the authority receives a copy of a notice of appeal relating to the approval. 64 Call in ends decision, approval and any appeal (1) On the giving of the call in notice— (a) the decision the subject of the notice and any UDA development approval granted because of the decision have no further effect; and (b) any appeal to the Planning and Environment Court relating to the approval lapses. (2) However, subsection (1) does not affect the validity of the approval or anything done under it before the giving of the notice. 65 Notice of call in The authority must give a copy of the call in notice to— (a) the person who made the relevant UDA development application; and (b) the owner of the relevant land; and (c) the relevant local government; and (d) any nominated assessing authority under any UDA development approval granted under the decision; and (e) if an appeal relating to the approval has been started in the Planning and Environment Court—that court; and (f) anyone who made a submission to the authority about the application, during the submission period. Page 42 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 66] 66 Minister must re-decide application (1) The Minister must, within 40 business days after giving the call in notice, re-decide the application, in the way mentioned in section 55(4). (2) However, a failure to comply with subsection (1) does not prevent the Minister from re-deciding. (3) Sections 55(4), and 56 to 59 apply for the making of the decision as if a reference to the authority were a reference to the Minister. (4) However, in making the decision, the Minister may also consider a State interest. (5) In making the decision, the Minister may have regard to information from any source, even if the information was not available to the authority when it made its decision. (6) The Minister can not— (a) change or agree to change the application; or (b) grant a UDA development approval for development that is materially different from the development applied for. (7) The Minister’s decision is taken, for this Act, other than section 61, to be the authority’s decision on the application. (8) No right of appeal applies under section 61 in relation to the Minister’s decision. Subdivision 5 Miscellaneous provisions 67 Approved material change of use required for particular developments (1) This section applies if, when a UDA development application is made— (a) a structure or works, the subject of the application, may not be used unless a UDA development permit exists for Reprint 2B effective 17 February 2012 Page 43

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 68] the material change of use of premises for which the structure is, or works are, proposed; and (b) there is no UDA development permit for the change of use; and (c) approval for the material change of use has not been applied for in the application or a separate application. (2) The application is taken also to be for the change of use. 68 Changing application (1) A UDA development application may be changed by the applicant only if— (a) the applicant has given the authority notice stating details of the proposed change; and (b) the authority has agreed in writing to the making of the change. (2) The agreement may be given only if the authority is satisfied the change would not result in the relevant development being materially different. 69 Withdrawing application (1) A UDA development application may be withdrawn by the applicant by notice given to the authority at any time before the application is decided. (2) The authority may refund all or part of any fee paid for the application. Page 44 Reprint 2B effective 17 February 2012

Division 4 Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 70] UDA development approvals Subdivision 1 General provisions 70 Types of UDA development approvals (1) A UDA preliminary approval is a UDA development approval that— (a) approves development, but does not authorise UDA assessable development to take place; and (b) approves development— (i) to the extent stated in the approval; and (ii) subject to the conditions of the approval. (2) A UDA development permit is a UDA development approval that authorises the carrying out of UDA assessable development— (a) to the extent provided for under the permit; and (b) subject to— (i) the conditions of the permit; and (ii) any UDA preliminary approval relating to the development the permit authorises, including any conditions of the UDA preliminary approval. (3) There is no requirement to get a UDA preliminary approval for development. Note — UDA preliminary approvals assist in the staging of approvals. 71 Duration of approval (1) A UDA development approval has effect from when the decision notice for the relevant UDA development application is given. Reprint 2B effective 17 February 2012 Page 45

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 72] (2) The relevant development may, subject to any relevant UDA development conditions, start when the approval takes effect. (3) However, the approval ceases to have effect if it — (a) is cancelled under subdivision 2; or (b) lapses under subdivision 3. Note — A call in notice under division 3, subdivision 4 can also end the effect of a UDA development approval. 72 Approval attaches to the relevant land (1) A UDA development approval attaches to the relevant land, and binds its owner, the owner’s successors in title and any occupier of the land. (2) To remove any doubt, it is declared that subsection (1) applies even if later development, including reconfiguring a lot, is approved for the land, or the land as reconfigured under the UDA development approval. 73 Provision for enforcement of UDA development conditions (1) If there is a nominated assessing authority for a UDA development condition, the Sustainable Planning Act, chapter 7, part 3, divisions 2 and 3, and any other Act that refers to an SPA development approval applies to the condition as if— (a) the relevant UDA development approval were an SPA development approval; and (b) the nominated assessing authority were an assessing authority under the Sustainable Planning Act for development under the UDA development approval; and (c) the reference to a development offence under the Sustainable Planning Act were a reference to a UDA development offence. Page 46 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 74] (2) To remove any doubt, it is declared that this section does not limit or otherwise affect the authority’s ability to apply for an enforcement order or to start a proceeding under this Act relating to the condition. Subdivision 2 Cancellations and changes 74 Cancellation (1) The authority may cancel a UDA development approval only if the owner of the relevant land consents in writing to the cancellation. (2) However, the authority can not cancel the UDA development approval if the relevant development has started. (3) The authority may refund all or part of any fee paid for the relevant UDA development application. 75 Application to change UDA development approval (1) A person may apply (the amendment application ) to the authority to change a UDA development approval. (2) However, the amendment application may be made only if the authority is satisfied the change would not result in the relevant development being materially different. (3) Division 3 applies for the amendment application as if— (a) a reference in the division to a UDA development application were a reference to the amendment application; and (b) a reference in the division to a UDA development approval were a reference to a changed UDA development approval; and (c) a reference in the division to the granting of a UDA development approval were a reference to the making of the change. Reprint 2B effective 17 February 2012 Page 47

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 76] (4) However, section 54(1)(a) does not apply for the amendment application. (5) If the person is not the owner of the relevant land for the UDA development approval, the amendment application must be accompanied by the owner’s consent. (6) However, if— (a) the owner of the relevant land is the State; and (b) section 51A(1) applied to the original UDA development application for the UDA development approval; the amendment application must be accompanied by the written agreement of the chief executive from whom evidence was required to be obtained under that section instead of the consent of the owner of the relevant land. Subdivision 3 Lapsing 76 When approval lapses generally (1) This section applies subject to section 78(5) and any extension granted under section 78. (2) A UDA development approval lapses at the end of its currency period unless— (a) for development that is a material change of use—the change of use happens before the currency period ends; or (b) for development that is reconfiguring a lot—the plan for the reconfiguration of the lot is given to the authority for its approval before the currency period ends; or (c) for development not mentioned in paragraph (a) or (b)—development under the approval substantially starts before the currency period ends. (3) To the extent the UDA development approval is for development other than a material change of use or Page 48 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 76] reconfiguring a lot, its currency period is— (a) generally—2 years from the day the approval takes effect (the day of effect ); or (b) if the approval states a different period —the stated period. (4) To the extent the UDA development approval is for development that is a material change of use, its currency period is— (a) 4 years from the day of effect; or (b) if the approval states a different period —the stated period. (5) To the extent the UDA development approval is for development that is reconfiguring a lot, its currency period is— (a) if the reconfiguring does not require operational work— 2 years from the day of effect; or (b) if the reconfiguring requires operational work— 4 years from the day of effect; or (c) if the approval states a different period —the stated period. (6) Despite subsections (4) and (5), if there are 1 or more related approvals for a UDA development approval mentioned in subsection (4) or (5), the currency period is taken to have started on the day the latest related approval takes effect. (7) The lapsing of a UDA development approval for a material change of use of premises or reconfiguring a lot does not cause an approval mentioned in subsection (3) to lapse. (8) In this section— private certifier means a building certifier whose licence under the Building Act has private certification endorsement under that Act. related approval means— Reprint 2B effective 17 February 2012 Page 49

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 76] Page 50 (a) for a UDA development approval for development that is a material change of use of premises (the earlier approval )— (i) the first UDA development approval for a UDA development application made to the authority, or the first SPA development approval made to a local government or private certifier, within 2 years after the start of the currency period, that is— (A) to the extent the earlier approval is a UDA preliminary approval—a UDA development permit for the material change of use; or (B) to the extent the earlier approval is a UDA development permit—a UDA development permit for building work or operational work, or a SPA development permit for building work, necessary for the material change of use to take place; or (ii) each further UDA development permit for a UDA development application made to the authority, or the first SPA development permit for a SPA development application made to a local government or private certifier, within 2 years after the day the last related approval takes effect, that is for building work or operational work necessary for the material change of use to take place; or (b) for a UDA development approval for reconfiguring a lot (also the earlier approval )— (i) the first UDA development permit for a UDA development application made to the authority, within 2 years after the start of the currency period, that is— (A) to the extent the earlier approval is a UDA preliminary approval—for the reconfiguration; or (B) to the extent the earlier approval is a UDA development permit for reconfiguring a Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 77] lot—for operational work related to the reconfiguration; or (ii) each further UDA development permit, for a UDA development application made to the authority within 2 years after the day the last related approval takes effect, that is for operational work related to the reconfiguration. 77 Application to extend currency period (1) Before a UDA development approval lapses under section 76(2), a person having an interest in the relevant land may apply to the authority to extend the approval’s currency period applying under section 76. (2) The application must be— (a) in the approved form; and (b) made before the currency period ends; and (c) accompanied by the application fee decided by the authority. 78 Deciding extension application (1) This section applies if an application for an extension is made under section 77. (2) Before granting or refusing the extension, the authority must consult with each nominated assessing authority under the UDA development approval. (3) The authority must grant or refuse the extension within— (a) generally—20 business days after the making of the application; or (b) if, during the 20 business days, the authority and the applicant agree on a longer period—the longer period. (4) The authority must, within 5 business days after making the decision, give notice of the decision to the applicant and each Reprint 2B effective 17 February 2012 Page 51

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 79] nominated assessing authority under the UDA development approval. (5) Despite section 76, the UDA development approval does not lapse until the authority has given the applicant the notice under subsection (4). (6) If the decision was to refuse the extension, the notice must state the reasons for the refusal. Division 5 Miscellaneous provisions 79 Restriction on particular land covenants A covenant under the Land Title Act 1994 or the Land Act 1994 for land in an urban development area is of no effect to the extent the covenant is inconsistent with the development scheme for the area. 80 Plans of subdivision (1) This section applies to a plan of subdivision if— (a) under another Act, the plan requires the authority’s approval, in whatever form, before it can be registered or otherwise recorded under that Act; and (b) the plan would, other than for the requirement mentioned in paragraph (a), be required to undergo compliance assessment under the Sustainable Planning Act ( SPA compliance assessment ). (2) The plan must undergo SPA compliance assessment as if SPA compliance were required for it. (3) For the SPA compliance assessment, the SPA compliance provisions apply— (a) as if a reference in the provisions to a subdivision plan were a reference to the plan; and Page 52 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 4 Development and uses in urban development areas [s 80] (b) as if a reference in the provisions to the compliance assessor or the local government were a reference to the authority; and (c) as if a reference in the provisions to a development permit were a reference to a UDA development permit; and (d) as if a reference in the provisions to a condition of a development permit were a reference to a UDA development condition of the UDA development permit; and (e) as if a reference in the provisions to a preliminary approval were a reference to a UDA preliminary approval; and (f) as if a reference in the provisions to a condition of a preliminary approval were a reference to a UDA development condition of the UDA preliminary approval; and (g) as if a reference in the provisions to rates and charges levied for land included a reference to a special rate or charge; and (h) as if a reference in the provisions to assessable development were a reference to UDA assessable development. (4) In this section— plan of subdivision means a plan or agreement, however, called, for reconfiguring a lot. SPA compliance provisions means any provisions of a regulation made under the Sustainable Planning Act about compliance assessment under that Act of a plan of subdivision. Reprint 2B effective 17 February 2012 Page 53

Urban Land Development Authority Act 2007 Part 5 Proceedings and related matters [s 81] Part 5 Proceedings and related matters Division 1 Enforcement proceedings in Planning and Environment Court 81 Starting proceeding for enforcement order (1) The authority may start a proceeding in the Planning and Environment Court— (a) for an enforcement order to remedy or restrain the commission of a UDA development offence; or (b) if the authority has started a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 82. (2) A proceeding for an enforcement order may be started whether or not anyone’s right has been, or may be, infringed by, or because of, the commission of the offence. 82 Making interim enforcement order (1) The Planning and Environment Court may make an order pending a decision of a proceeding for an enforcement order if the court is satisfied it would be appropriate to make the order. (2) The court may make the order subject to conditions. (3) However, a condition can not require the authority to give an undertaking about damages. 83 Making enforcement order (1) The Planning and Environment Court may make an enforcement order if the court is satisfied the relevant offence— (a) is being, or has been, committed; or Page 54 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 5 Proceedings and related matters [s 84] (b) will be committed unless the enforcement order is made. (2) If the court is satisfied the offence is being or has been committed, it may make the order whether or not there has been a prosecution for the offence. 84 Effect of enforcement order (1) An enforcement order may direct a party to the proceeding for the order— (a) to stop an activity that constitutes, or will constitute, a UDA development offence; or (b) not to start an activity that will constitute a UDA development offence; or (c) to do anything required to stop committing a UDA development offence; or (d) to return anything to a condition as close as practicable to the condition it was in immediately before a UDA development offence was committed; or (e) to do anything about a development or use to comply with this Act. (2) Without limiting the Planning and Environment Court’s powers, it may make an enforcement order requiring— (a) the repairing, demolition or removal of a building; or (b) for a UDA development offence relating to the clearing of vegetation on freehold land— (i) rehabilitation or restoration of the area cleared; or (ii) if the area cleared is not capable of being rehabilitated or restored—the planting and nurturing of stated vegetation on a stated area of equivalent size. (3) An enforcement order must state the time by which it must be complied with. (4) An enforcement order may— Reprint 2B effective 17 February 2012 Page 55

Urban Land Development Authority Act 2007 Part 5 Proceedings and related matters [s 85] (a) be in terms the court considers appropriate to secure compliance with this Act; and (b) state that contravention of the order is a public nuisance. (5) In this section— clearing , of vegetation— (a) means removing, cutting down, ringbarking, pushing over, poisoning or destroying it in any way, including by burning, flooding or draining; but (b) does not include lopping a tree or the destruction of standing vegetation by stock. 85 Powers about enforcement orders (1) The Planning and Environment Court’s power to make an enforcement order to stop, or not to start, an activity may be exercised— (a) whether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage again, or to continue to engage again, in the activity; and (b) whether or not the relevant person has previously engaged in an activity of the same type; and (c) whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person engages, or continues to engage, in the activity. (2) The court’s power to make an enforcement order to do anything may be exercised— (a) whether or not it appears to the court that the person against whom the order is made (also the relevant person ) intends to fail, or to continue to fail, to do the thing; and (b) whether or not the relevant person has previously failed to do a thing of the same type; and Page 56 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 5 Proceedings and related matters [s 86] (c) whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person fails, or continues to fail, to do the thing. (3) The court may cancel or change an enforcement order on the application of the authority or the person against whom the order is made. (4) The court’s powers under this section are in addition to, and do not limit, its other powers. Note — For costs, see the Sustainable Planning Act, section 457. (5) In this section— environment see the Sustainable Planning Act, schedule 3. 86 Offence to contravene enforcement order A person against whom an enforcement order has been made must comply with the order. Maximum penalty—3000 penalty units or 2 years imprisonment. Note — See also the Sustainable Planning Act, section 439 (Contempt and contravention of orders). Division 2 Proceedings for offences 87 Proceedings for offences (1) An offence against the following is a misdemeanour— (a) section 86; (b) section 140, to the extent the offence relates to an offence by a corporation against section 86. Reprint 2B effective 17 February 2012 Page 57

Urban Land Development Authority Act 2007 Part 5 Proceedings and related matters [s 88] Editor’s note — section 140 (Executive officer must ensure corporation does not commit particular offences) (2) Any other offence against this Act is a summary offence. (3) A proceeding for a summary offence against this Act may be brought only by the authority or a person acting for the authority. 88 Limitation on time for starting proceeding for summary offence A proceeding for a summary offence against this Act must start— (a) within 1 year after the commission of the offence; or (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed. 89 Orders Magistrates Court may make in offence proceeding (1) After hearing a complaint for an offence against this Act, the Magistrates Court may make an order against the defendant that the court considers appropriate. (2) The order may be made in addition to, or in substitution for, any penalty the court may otherwise impose. (3) The order may require the defendant— (a) to stop development or carrying on a use; or (b) to demolish or remove work carried out; or (c) to restore, as far as practicable, premises to the condition the premises were in immediately before development or use of the premises started; or (d) to do, or not to do, another act to ensure development or use of the premises complies with a UDA development approval or a development scheme; or Page 58 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 5 Proceedings and related matters [s 90] (e) for development that has started—to make a UDA development application for the development. (4) The order must state the time by which, or period within which, the order must be complied with. (5) The order may state that contravention of the order is a public nuisance. 90 Offence to contravene Magistrates Court order A person against whom an order under section 89 has been made must comply with the order. Maximum penalty—1665 penalty units or imprisonment for 12 months. Division 3 Miscellaneous provisions 91 Authority’s power to remedy stated public nuisance (1) This section applies if an enforcement order or an order under section 89 states that contravention of the order is a public nuisance. (2) If the order is not complied with, the authority may undertake any work necessary to remove the nuisance. (3) If the authority carries out works under subsection (2), it may recover from the person against whom the order was made the reasonable cost of the works, as a debt. 92 Planning and Environment Court may make declarations (1) The authority may bring a proceeding in the Planning and Environment Court for a declaration about— (a) a matter done, to be done or that should have been done for this Act; or (b) the construction of this Act; or Reprint 2B effective 17 February 2012 Page 59

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 93] (c) the lawfulness of land use or development relating to an urban development area. (2) The court may make an order about a declaration made under subsection (1). Part 6 Urban Land Development Authority Division 1 Establishment 93 Establishment of authority The Urban Land Development Authority is established. 94 Authority represents the State (1) The authority represents the State. (2) Without limiting subsection (1), the authority has the status, privileges and immunities of the State. 95 Application of other Acts (1) The authority is— (a) a unit of public administration; and (b) a statutory body under the Financial Accountability Act 2009 ; and (c) a statutory body under the Statutory Bodies Financial Arrangements Act 1982 . (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B, sets out the way in which the authority’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 . Page 60 Reprint 2B effective 17 February 2012

Division 2 Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 96] Authority’s functions and powers 96 Main function and its achievement (1) The authority’s main function is to give effect to the purposes of this Act. (2) The main function is performed mainly by the authority— (a) planning, developing and managing land in urban development areas, for urban purposes; and (b) deciding UDA development applications; and (c) coordinating the provision of infrastructure for urban development areas. (3) Also, the authority may help the development of, or carry out activities or services relating to, land that adjoins an urban development area if it considers that doing so will help the performance of the authority’s functions for the area. 97 General powers (1) Subject to any Ministerial direction, the authority has the powers— (a) necessary or convenient to perform its functions; or (b) incidental to the performance of the functions; or (c) to help to achieve the purposes of this Act. (2) Without limiting subsection (1), the authority may— (a) enter into infrastructure agreements and other contracts; and (b) acquire, hold, dispose of, and deal with, property; and (c) appoint agents and attorneys; and (d) engage consultants; and (e) coordinate or provide infrastructure for urban development areas; and Reprint 2B effective 17 February 2012 Page 61

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 98] (f) fix charges and other terms, for the infrastructure; and (g) coordinate, provide or pay for, infrastructure on land outside urban development areas to help the performance of the authority’s functions relating to urban development areas; and (h) establish funds to ensure the provision of infrastructure under development schemes continues to be provided; and (i) do anything necessary or convenient to be done in the performance of its functions under this or another Act. (3) In performing its functions, the authority may act alone or in conjunction with public sector units, local governments, agencies or instrumentalities of the Commonwealth and other persons. (4) The authority also has the powers conferred on it under another Act. 98 Conditional disposal of land (1) The authority may impose a condition or restriction on a transfer of land by the authority. (2) Without limiting subsection (1) the authority and a transferee may agree that the transferee— (a) must make stated improvements to the land; or (b) is subject to stated restrictions on the transfer of or dealing with the land. (3) An agreement under subsection (2) may provide for remedies against, and the power to impose sanctions on, the transferee relating to the agreement. 99 Roads and road closures (1) The authority may perform functions or exercise powers for a road in an urban development area that the authority considers necessary or desirable to perform its other functions. Page 62 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 100] (2) Without limiting subsection (1), the authority may, by gazette notice, permanently or temporarily close all or part of a road in an urban development area. (3) Before the closing of the road takes effect, the authority must publish a notice the authority considers appropriate about the closure in a newspaper circulating in the urban development area. (4) The authority may do everything necessary to stop traffic using a road or part of a road closed under this section. (5) To remove any doubt, it is declared that this section applies— (a) whether or not a road is a State-controlled road under the Transport Infrastructure Act 1994 ; and (b) whether or not the Land Act 1994 applies to a road. 100 Power to vest land in permanently closed road or unallocated State land in urban development areas (1) The Authority may, by gazette notice, declare that any of the following land in an urban development area is vested in the authority, in fee simple— (a) land that comprised a road under the Land Act 1994 that has been permanently closed under section 99; (b) unallocated State land under the Land Act 1994 . (2) The chief executive of the department in which the Land Act 1994 is administered must, under that Act, register the vesting if the authority lodges in the land registry under that Act— (a) a request under that Act to register the vesting; and (b) if that chief executive so requires—a plan of subdivision under that Act for the land the subject of the vesting; and (c) a copy of the gazette notice. (3) On the registration of the request to vest, the Governor in Council may issue to the authority a deed of grant under the Land Act 1994 for the land the subject of the vesting. Reprint 2B effective 17 February 2012 Page 63

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 101] (4) Despite the Land Act 1994 and the Land Title Act 1994 , no fee is payable by the authority in relation to the registration of the vesting or to give effect to it. 101 Special rates or charges (1) The authority may, with the Minister’s written approval, make and levy on owners or occupiers of rateable land in an urban development area a special rate or charge on the land if— (a) the rate or charge is for a service, facility or activity provided by the authority, or by a local government or someone else at the authority’s request; and (b) in the authority’s opinion— (i) the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or (ii) the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity. (2) The special rate or charge may be made and levied on the bases the authority considers appropriate. Note — See also section 127 (Recovery of special rate or charge). (3) The authority may fix a minimum amount of the special rate or charge. (4) Without limiting subsection (2), the amount of the special rate or charge may vary according to the extent to which, in the authority’s opinion— (a) the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or (b) the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity. Page 64 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 102] (5) The authority’s instrument making the special rate or charge must identify— (a) the rateable land to which the rate or charge applies; and (b) the overall plan for the supply of the service, facility or activity. (6) The overall plan must— (a) be adopted by the authority either before, or at the same time as, it first makes the special rate or charge; and (b) identify the rateable land to which the rate or charge applies; and (c) describe the service, facility or activity; and (d) state the estimated cost of implementing the overall plan; and (e) state the estimated time for implementing the overall plan. (7) The authority may identify parcels of rateable land to which the rate or charge applies in any way it considers appropriate. (8) Subsection (1) is taken to have been complied with if the special rate or charge is made and levied on— (a) all rateable land that, at the time of making and levying the rate or charge, could reasonably be identified as land on which the rate or charge may be made and levied; or (b) all rateable land on which the rate or charge may be made and levied, other than land accidentally omitted. (9) In this section— rateable land see the Local Government Act 2009 . 102 Application of special rate or charge (1) A special rate or charge collected for a particular service, facility or activity must be used for that purpose. (2) However, the special rate or charge need not be held in trust. Reprint 2B effective 17 February 2012 Page 65

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 103] 103 Application of local government entry powers for authority’s functions or powers (1) This section applies to land in, or a structure on, an urban development area or a lot that adjoins an urban development area. (2) The Local Government Act 2009 , sections 144, 146 and 147 apply to the authority and the authorised employees or agents of the authority as if— (a) the authority were a local government; and (b) the authorised employee or agent were an employee or agent of a local government; and (c) a reference to the local government were a reference to the authority; and (d) a reference to an employee or agent of the local government were a reference to an authorised employee or agent of the authority; and (e) a reference in the sections to any of the following were a reference to the performance of the authority’s functions or the exercise of its powers— (i) the exercise of the jurisdiction of local government; (ii) the exercise of a power under a local government Act; (iii) the exercise of the local government’s jurisdiction; (iv) local government purposes; and (f) a reference to the local government’s facilities on the land were a reference to the authority’s facilities on the land. (3 ) However, if the occupier of the land or structure is present at the place, before entering the place, an authorised employee or agent of the authority must do, or make a reasonable attempt to do, the following things— Page 66 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 104] (a) identify himself or herself to the occupier, by complying with section 124; (b) tell the occupier the purpose of the entry; (c) seek the consent of the occupier to the entry; (d) tell the occupier the officer is permitted under this Act to enter the place without the occupier’s consent. (4) If the occupier is not present, the employee or agent must take reasonable steps to advise the occupier of the employee’s or agent’s intention to enter the place. (5) Subsections (3) and (4) do not require the employee or agent to take a step that the employee or agent reasonably believes may frustrate or otherwise hinder the purposes of the entry. (6) In this section— authorised employee or agent , of the authority, means its employees or agents who have, under section 123, been issued with an identity card that is still in force. 104 By-laws (1) The authority may make by-laws under this Act for urban development areas about any matter for which a local law may be made, including the creation of offences. (2) However, a by-law can not fix a penalty of more than— (a) if the by-law replaces a local law—the maximum penalty units applying to a contravention of the local law it replaces; or (b) otherwise—20 penalty units for an offence against the by-law. (3) A by-law replaces a local law if— (a) the local law no longer applies to a matter within an urban development area because a by-law provides that the local law does not apply, or applies with stated changes, within the urban development area; and Reprint 2B effective 17 February 2012 Page 67

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 105] (b) the by-law applies to the matter within the urban development area. (4) A by-law may provide that all or part of a stated local law does not apply, or applies with stated changes, within an urban development area. (5) If a by-law provides that a stated local law does not apply, or applies with stated changes, within an urban development area, the local law does not apply, or applies with the stated changes, within the area. (6) A by-law must be approved by the Governor in Council. Note — The effect of subsection (5) is that a by-law is subordinate legislation. See the Statutory Instruments Act 1992 , sections 7, 8(b)(i) and 9(1)(a). Division 3 Membership of authority 105 Members (1) The authority consists of 9 persons (each a member ), made up of— (a) the chairperson (an appointed member ); and (b) the chief executive of the department in which the State Development and Public Works Organisation Act 1971 is administered; and (c) the chief executive of the department in which the Financial Accountability Act 2009 is administered; and (d) 6 other members (each also an appointed member ). (2) Appointed members are to be appointed by the Governor in Council. (3) An appointed member may be appointed on a full-time or part-time basis. (4) Appointed members are appointed under this Act and not the Public Service Act 2008 . Page 68 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 105A] 105A Chairperson and deputy chairperson (1) An appointed member is to be appointed the chairperson by the Governor in Council. (2) A person may be appointed as the chairperson at the same time the person is appointed as an appointed member. (3) An appointed member, other than the chairperson, is to be appointed the deputy chairperson by the Minister. (4) The deputy chairperson holds that office for the term (not longer than the term stated in the person’s instrument of appointment as an appointed member) decided by the Minister. (5) A vacancy occurs in the office of chairperson or deputy chairperson if the person holding the office stops being an appointed member or resigns the office. (6) A person holding office as chairperson or deputy chairperson resigns the office by signed notice of resignation given to the Minister. (7) A person resigning the office of chairperson also stops being an appointed member but a person resigning the office of deputy chairperson may continue to be a member. (8) The deputy chairperson is to act as chairperson— (a) during a vacancy in the office of chairperson; or (b) during a period when the chairperson is absent from duty or, for another reason, can not perform the functions of the office. 106 Eligibility for appointment (1) A person is eligible for appointment as an appointed member only if the person— (a) has extensive knowledge of and experience in 1 or more of the following— (i) local government; (ii) architecture, urban design or planning; Reprint 2B effective 17 February 2012 Page 69

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 107] (iii) social policy or community development; (iv) law, economics or accounting; (v) the construction or development industries; (vi) natural resource and environmental management; or (b) has other knowledge and experience the Governor in Council considers appropriate. (2) However, at least 2 appointed members must have local government experience. 107 Duration of appointment (1) Subject to sections 109 and 110, an appointed member holds office for the term stated in the member’s instrument of appointment. (2) The term stated in the instrument of appointment must not be longer than 5 years. 108 Terms and conditions of appointment (1) An appointed member is to be paid the remuneration and allowances decided by the Governor in Council. (2) An appointed member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. 109 Resignation An appointed member may resign by signed notice given to the Minister. 110 Termination of appointment The Governor in Council may end an appointed member’s appointment if the member— Page 70 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 111] (a) is convicted of an indictable offence; or (b) is or becomes an insolvent under administration under the Corporations Act, section 9; or (c) is disqualified from managing corporations under the Corporations Act, part 2D.6; or (d) becomes incapable of being a member because of physical or mental incapacity; or (e) is guilty of misconduct of a type that could warrant dismissal from the public service if the member were an officer of the public service; or (f) does not, without reasonable excuse, comply with section 111; or (g) fails to comply with section 135. Editor’s note — Corporations Act, part 2D.6 (Disqualification from managing corporations) section 135 (Privacy) 111 Disclosure of interests (1) This section applies if— (a) a member, or a close relative of a member, has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the authority; and (b) the interest could conflict with the proper performance of the member’s functions for the matter. (2) The member must, as soon as practicable, disclose the interest to— (a) for the chairperson—all the other members; or (b) for another member—the chairperson. Reprint 2B effective 17 February 2012 Page 71

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 112] (3) If a member has disclosed an interest relating to a matter, the member must not participate in the authority’s consideration of the matter. (4) A member must not fail to comply with this section. Maximum penalty—100 penalty units. (5) In this section— close relative , of a member, means the member’s— (a) spouse; or (b) parent or grandparent; or (c) brother or sister; or (d) child or grandchild. 112 Protection of members from civil liability (1) A member, or a person acting in the office of a member, is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act or a direction or a requirement under this Act. (2) If subsection (1) prevents a civil liability attaching to the member or person, the liability attaches instead to the State. Division 4 Meetings and other business of authority 113 Conduct of business (1) A regulation may provide for how the authority must conduct its business, including its meetings. (2) Subject to subsection (1) and this division, the authority may conduct its business, including its meetings, in the way it considers appropriate. Page 72 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 114] 114 Times and places of meetings (1) Authority meetings are to be held at the times and places the chairperson decides. (2) However, the chairperson must call a meeting if asked, in writing, to do so by at least 2 members. (3) Also, the chairperson must call a meeting at least once in each quarter. 115 Quorum A quorum for an authority meeting is more than half of the number of members. 116 Presiding at meetings (1) The chairperson is to preside at all authority meetings at which the chairperson is present. (2) If the chairperson is not present, the member chosen by the members present is to preside. 117 Conduct of meetings (1) The authority may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting. (2) A person who takes part in an authority meeting under subsection (1) is taken to be present at the meeting. (3) A decision at an authority meeting must be a majority decision of the members present. 118 Decisions outside meetings A decision of the authority, other than a decision at an authority meeting, may be made only with the written agreement of a majority of the members. Reprint 2B effective 17 February 2012 Page 73

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 119] 119 Minutes and record of decisions The authority must keep— (a) minutes of its meetings; and (b) a record of any decisions under section 118. Division 5 Staff of authority 120 Chief executive officer (1) The authority must appoint and employ a chief executive officer. (2) However, before a chief executive officer is appointed, the officer’s remuneration and allowances and other terms and conditions of the employment must be approved by the Governor in Council. (3) The chief executive officer is employed under this Act and not the Public Service Act 2008 . 121 Preservation of rights of chief executive officer (1) This section applies if an officer of the public service is appointed as the chief executive officer. (2) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the chief executive officer were a continuation of service as a public service officer. (3) At the end of the person’s term of office or resignation as the chief executive officer— (a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed as the chief executive officer; and Page 74 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 122] (b) the person’s service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service. 122 Other staff (1) The authority may employ other staff it considers appropriate to perform its functions. (2) The other staff are appointed under the Public Service Act 2008 . (3) The chairperson may arrange with the chief executive of a department, or with another unit of public administration, for the services of officers or employees of the department or other unit to be made available to the authority. Division 6 Identity cards for particular employees and agents 123 Issue of identity card (1) The chief executive officer must issue an identity card to each individual whom the authority authorises to enter premises, under section 103. Editor’s note — section 103 (Application of local government entry powers for authority’s functions or powers) (2) The identity card must— (a) contain a recent photo of the individual; and (b) contain a copy of the individual’s signature; and (c) identify the individual as an individual who is authorised by the authority; and (d) state an expiry date for the card. Reprint 2B effective 17 February 2012 Page 75

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 124] (3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes. 124 Production or display of identity card (1) In exercising a power under this Act in relation to another person, the individual must— (a) produce his or her identity card for the person’s inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the individual must produce the identity card for the person’s inspection at the first reasonable opportunity. 125 Return of identity card If the individual ceases to be authorised as mentioned in section 123, the individual must return the individual’s identity card to the chief executive officer within 20 business days after ceasing to be so authorised unless the individual has a reasonable excuse. Maximum penalty—20 penalty units. Division 7 Miscellaneous provisions 126 Report about person’s criminal history for particular appointments (1) To decide whether to recommend to the Governor in Council a person for appointment as an appointed member, the Minister may ask the commissioner of the police service for— (a) a written report about the person’s criminal history; and (b) a brief description of the circumstances of any conviction mentioned in the criminal history. Page 76 Reprint 2B effective 17 February 2012

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 126] (2) To decide whether a person is appropriate to be appointed as the chief executive officer, the authority may ask the commissioner of the police service for— (a) a written report about the person’s criminal history; and (b) a brief description of the circumstances of any conviction mentioned in the criminal history. (3) The commissioner of the police service must comply with a request under subsection (1) or (2). (4) However, the Minister or authority may make a request about a person under subsection (1) or (2) only if the person has given the Minister or authority written consent for the request. (5) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access. (6) The Minister or authority must ensure a report given to the Minister or authority under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. (7) The Minister may delegate the Minister’s power’s under this section to an appropriately qualified public service officer. (8) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than for a spent conviction. spent conviction means a conviction— (a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and (b) that is not revived as prescribed by section 11 of that Act. Reprint 2B effective 17 February 2012 Page 77

Urban Land Development Authority Act 2007 Part 6 Urban Land Development Authority [s 127] 127 Recovery of special rate or charge (1) A special rate or charge does not become owing until 20 business days after the owner or occupier on whom the charge is levied receives a notice from the authority stating the special rate or charge and its amount. (2) If there is more than 1 owner or occupier of the land, all the owners or occupiers are jointly and severally liable to pay the amount. (3) If the amount becomes owing under subsection (1), the State may recover it from the owner or occupier as a debt. (4) Also, the State may recover the amount from the owner for the time being of the land. (5) If the State may recover the amount under this section, the Local Government Act 1993 , section 1018 and chapter 14, parts 6 and 7, apply for the amount as if— (a) the special rate or charge were a rate under that Act; and (b) a reference to an overdue rate were a reference to the amount; and (c) a reference to a local government were a reference to the authority; and (d) a reference to the chief executive officer of a local government were a reference to the chief executive officer of the authority. 128 Application fees (1) This section applies if the authority is deciding the fee for an application under this Act. (2) The fee can not be more than the actual cost of considering and processing the application. (3) However, for the following applications the fee may also include a reasonable component to recover the authority’s costs of making or amending the relevant development scheme— Page 78 Reprint 2B effective 17 February 2012