State Development and Public Works Organisation (State Development Areas) Regulation 1998


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State Development and Public Works Organisation (State Development Areas) Regulation 1998
Queensland State Development and Public Works Organisation Act 1971 State Development and Public Works Organisation (State Development Areas) Regulation 1998 Reprinted as in force on 1 July 2009 Reprint No. 3A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2009 SL No. 177 s 14
Information about this reprint This regulation is reprinted as at 1 July 2009. 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 State Development and Public Works Organisation (State Development Areas) Regulation 1998 Contents Part 1 1 Part 2 2 3 4 5 6 Part 3 7 Part 4 8 Part 5 9 Part 6 10 Part 7 11 Part 8 12 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Gladstone State Development Area Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Declaration of Gladstone State Development Area . . . . . . . . . . . 4 Name of project board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Townsville State Development Area Declaration of Townsville State Development Area . . . . . . . . . . . 7 Bundamba to Swanbank State Development Area Declaration of Bundamba to Swanbank State Development Area 8 Stanwell-Gladstone Infrastructure Corridor State Development Area Declaration of Stanwell-Gladstone Infrastructure Corridor State Development Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Queensland Children’s Hospital State Development Area Declaration of Queensland Children’s Hospital State Development Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Abbot Point State Development Area Declaration of Abbot Point State Development Area . . . . . . . . . . 9 Bromelton State Development Area Declaration of Bromelton State Development Area . . . . . . . . . . . 10
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Contents 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 12 12 13 15 Page 2
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Part 1 Preliminary [s 1] State Development and Public Works Organisation (State Development Areas) Regulation 1998 [as amended by all amendments that commenced on or before 1 July 2009] Part 1 Preliminary 1 Short title This regulation may be cited as the State Development and Public Works Organisation (State Development Areas) Regulation 1998 . Part 2 Gladstone State Development Area 2 Definitions for pt 2 In this part— board see section 4. GDR means the Gladstone Development Region. Gladstone Development Region means the part of the local government area of the Gladstone Regional Council that was, immediately before 15 March 2008, the local government areas of the City of Gladstone and the Shire of Calliope. GSDA see section 3(2). management strategy means the strategy constituted by the content of the document called ‘Gladstone Industrial Reprint 3A effective 1 July 2009 Page 3
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Part 2 Gladstone State Development Area [s 3] Development Management Strategy’, prepared for the department and dated April 1998, as that strategy is modified from time to time. Editor’s note A copy of the document may be inspected at the office of the Coordinator-General, 100 George Street, Brisbane. 3 Declaration of Gladstone State Development Area (1) The parts of the State delineated in red on the GSDA plan are declared to be a State development area. (2) The area is called the Gladstone State Development Area (the GSDA ). (3) In this section— GSDA plan means plan GSDA_001_011 held in the office of the Coordinator-General. Editor’s note The GSDA plan may be inspected at the office of the Coordinator-General, 100 George Street, Brisbane and on the department’s website at <www.dip.qld.gov.au>. 4 Name of project board The project board established for the GSDA on the gazettal of the Establishment of Gladstone Area Development Board Notification (No. 1) of 1999 is renamed and continues in existence as the Gladstone Economic and Industry Development Board (the board ). Editor’s note The Establishment of Gladstone Area Development Board Notification (No. 1) of 1999 was published in the gazette on 23 July 1999 on pages 1786 to 1788. 5 Functions of board (1) The board’s functions are as follows— Page 4 Reprint 3A effective 1 July 2009
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Part 2 Gladstone State Development Area [s 5] (a) functions delegated to the board by the Coordinator-General, including, for example— (i) preparing a development scheme for the GSDA and any amendment of the scheme; and (ii) implementing the scheme; (b) performing other functions delegated to the board under the Act or another Act for the development of the GSDA; (c) preparing a business plan and a management strategy for the GSDA; (d) facilitating the establishment of industry in the GSDA; (e) coordinating development approvals in relation to the GSDA; (f) advising prospective developers about the preparation of impact assessment studies in relation to the GSDA; (g) developing funding strategies to provide infrastructure in the GSDA, including infrastructure funding by the private sector; (h) developing and implementing a marketing plan to promote the use of the GSDA and to attract investment to the GSDA; (i) undertaking industry and community liaison in relation to the GSDA; (j) coordinating with other persons or agencies to achieve the development of the GSDA, including providing infrastructure; Examples of coordination with other persons or agencies under paragraph (j) 1 The Coordinator-General, concerning— (a) environmental coordination under section 25 of the Act; or (b) compulsory acquisition of land within the GSDA; and Reprint 3A effective 1 July 2009 Page 5
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Part 2 Gladstone State Development Area [s 6] 2 The Minister administering the Industrial Development Act 1963 , about acquiring or disposing of land in the GSDA by the Minister. 3 The Gladstone Area Water Board, about providing water in the GSDA under the Water Act 2000 , chapter 4. 4 The Gladstone Regional Council, about providing infrastructure and utilities for the GSDA under the Integrated Planning Act 1997 or Local Government Act 1993. 5 Gladstone Ports Corporation Limited, about providing port facilities and services under the Transport Infrastructure Act 1994 . (k) advising the Minister about the following matters— (i) the need to establish infrastructure in the GDR; (ii) the potential for the development of industry in the GDR; (iii) impediments to the development of industry in the GDR; (iv) promotion and marketing of the GDR; (v) other matters relating to economic development of the GDR; (l) implementing, managing and maintaining the management strategy. (2) For performing a function relating to a matter mentioned in subsection (1)(k)(i) to (iv), the board may act either at the request of the Minister or on its own initiative. (3) For performing a function relating to a matter mentioned in subsection (1)(k)(v), the board may act only at the request of the Minister. 6 Powers of board The board has, for or in connection with the performance of its functions, all the powers of an individual, and may, for example, do the following— Page 6 Reprint 3A effective 1 July 2009
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Part 3 Townsville State Development Area [s 7] (a) acquire, hold, deal with or dispose of property; (b) spend amounts on capital works and improvements to, or for the maintenance of— (i) property it owns; or (ii) other property if its owner consents and the spending is for the development of the GSDA; (c) spend other amounts applied to it under an appropriation from Parliament; (d) borrow money; (e) open financial institution accounts; (f) enter into contracts; (g) appoint agents and attorneys; (h) make charges for services and facilities it provides; (i) join and take part in industry associations; (j) anything else necessary or convenient to be done for, or in connection with, the performance of its functions. Part 3 Townsville State Development Area 7 Declaration of Townsville State Development Area (1) The part of the State delineated in red on plan number TSDA/2003/2 held in the office of the Coordinator-General is declared to be a State development area. (2) The area is called the Townsville State Development Area. Editor’s note Plan TSDA/2003/2 may be inspected at the office of the Coordinator-General, 100 George Street, Brisbane. Reprint 3A effective 1 July 2009 Page 7
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Part 4 Bundamba to Swanbank State Development Area [s 8] Part 4 Bundamba to Swanbank State Development Area 8 Declaration of Bundamba to Swanbank State Development Area (1) The parts of the State delineated in red on plans BSSDA_001_001 to BSSDA_001_0047 held in the office of the Coordinator-General are declared to be a State development area. (2) The area is called the Bundamba to Swanbank State Development Area. Part 5 Stanwell-Gladstone Infrastructure Corridor State Development Area 9 Declaration of Stanwell-Gladstone Infrastructure Corridor State Development Area (1) The part of the State consisting of the areas delineated in red on the SGIC plans is declared to be a State development area called the Stanwell-Gladstone Infrastructure Corridor State Development Area. (2) In this section— SGIC plans means plans SGIC_002_001 to SGIC_002_204 held in the office of the Coordinator-General and available for inspection by members of the public. Editor’s note The SGIC plans may be inspected at the office of the Coordinator-General, 100 George Street, Brisbane. Also, plans showing an overview of the area may be inspected on the department’s website at <www.dip.qld.gov.au>. Page 8 Reprint 3A effective 1 July 2009
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Part 6 Queensland Children’s Hospital State Development Area [s 10] Part 6 Queensland Children’s Hospital State Development Area 10 Declaration of Queensland Children’s Hospital State Development Area (1) The parts of the State delineated in red on plan QCHSDA_001_001 held in the office of the Coordinator-General are declared to be a State development area. (2) The area is called the Queensland Children’s Hospital State Development Area. Editor’s note Plan QCHSDA_001_001 may be inspected at the office of the Coordinator-General, 100 George Street, Brisbane and on the department’s website at <www.dip.qld.gov.au>. Part 7 Abbot Point State Development Area 11 Declaration of Abbot Point State Development Area (1) The part of the State delineated in red on plan APSDA-001-001 held in the office of the Coordinator-General is declared to be a State development area. (2) The area is called the Abbot Point State Development Area. Editor’s note Plan APSDA-001-001 may be inspected at the office of the Coordinator-General, 100 George Street, Brisbane and on the department’s website at <www.dip.qld.gov.au>. Reprint 3A effective 1 July 2009 Page 9
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Part 8 Bromelton State Development Area [s 12] Part 8 Bromelton State Development Area 12 Declaration of Bromelton State Development Area (1) The part of the State delineated in red on plan BSDA_001_001 held in the office of the Coordinator-General is declared to be a State development area. (2) The area is called the Bromelton State Development Area. Editor’s note Plan BSDA_001_001 may be inspected at the office of the Coordinator-General, 100 George Street, Brisbane and on the department’s website at <www.dip.qld.gov.au>. Page 10 Reprint 3A effective 1 July 2009
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 July 2009. Future amendments of the State Development and Public Works Organisation (State Development Areas) Regulation 1998 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Reprint 3A effective 1 July 2009 Page 11
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Endnotes 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A 1B 1C Amendments to none 1999 SL No. 167 2000 SL No. 84 2001 SL No. 277 Effective 9 April 1998 23 July 1999 12 May 2000 21 December 2001 Reprint date 2 October 1998 10 August 1999 16 May 2000 11 January 2002 Reprint No. 1D 1E 1F 1G 1H 1I 1J Amendments included 2002 SL No. 377 2003 SL No. 256 2003 SL No. 352 2004 SL No. 85 2005 SL No. 79 2005 SL No. 267 2006 SL No. 124 Effective 20 December 2002 7 November 2003 19 December 2003 1 July 2004 6 May 2005 11 November 2005 9 June 2006 Notes Page 12 Reprint 3A effective 1 July 2009
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Endnotes Reprint No. 1K 2 2A 2B 2C 2D 2E 3 3A Amendments included 2007 SL No. 48 2008 SL No. 125 2008 SL No. 162 2008 SL No. 165 2008 SL No. 249 2008 SL No. 277 2009 SL No. 93 Effective 5 April 2007 5 April 2007 16 May 2008 13 June 2008 20 June 2008 1 August 2008 29 August 2008 29 August 2008 1 July 2009 Notes R1K withdrawn, see R2 R2E withdrawn, see R3 5 List of legislation State Development and Public Works Organisation (State Development Areas) Regulation 1998 SL No. 71 (prev State Development and Public Works Organisation (Gladstone State Development Area) Regulation 1998) made by the Governor in Council on 9 April 1998 notfd gaz 9 April 1998 pp 1530–2 commenced on date of notification exp 31 August 2009 (see SIA s 56A(1)(a)(i) and SIR s 5 sch 3) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. amending legislation— State Development (Gladstone) Legislation Amendment and Repeal Regulation (No. 1) 1999 SL No. 167 pts 1–2 notfd gaz 23 July 1999 pp 1792–3 commenced on date of notification State Development and Public Works Organisation (Gladstone State Development Area) Amendment Regulation (No. 1) 2000 SL No. 84 notfd gaz 12 May 2000 pp 128–9 commenced on date of notification State Development and Public Works Organisation (Gladstone State Development Area) Amendment Regulation (No. 1) 2001 SL No. 277 notfd gaz 21 December 2001 pp 1482–8 commenced on date of notification State Development and Public Works Organisation (Gladstone State Development Area) Amendment Regulation (No. 1) 2002 SL No. 377 notfd gaz 20 December 2002 pp 1359–63 commenced on date of notification State Development and Public Works Organisation (Gladstone State Development Area) Amendment Regulation (No. 1) 2003 SL No. 256 notfd gaz 7 November 2003 pp 757–60 commenced on date of notification Reprint 3A effective 1 July 2009 Page 13
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Endnotes State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 2) 2003 SL No. 352 notfd gaz 19 December 2003 pp 1307–13 commenced on date of notification Government Owned Corporations (Central Queensland Ports Authority) Regulation 2004 SL No. 85 ss 1–2, pt 10 notfd gaz 25 June 2004 pp 573–81 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2004 (see s 2) State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 1) 2005 SL No. 79 notfd gaz 6 May 2005 pp 73–4 commenced on date of notification State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 2) 2005 SL No. 267 notfd gaz 11 November 2005 pp 955–7 commenced on date of notification State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 1) 2006 SL No. 124 notfd gaz 9 June 2006 pp 684–5 commenced on date of notification State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 1) 2007 SL No. 48 notfd gaz 5 April 2007 pp 1592–3 commenced on date of notification State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 1) 2008 SL No. 125 notfd gaz 16 May 2008 pp 407–8 commenced on date of notification State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 2) 2008 SL No. 162 notfd gaz 13 June 2008 pp 948–51 commenced on date of notification State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 3) 2008 SL No. 165 notfd gaz 20 June 2008 pp 1074–5 commenced on date of notification State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 4) 2008 SL No. 249 notfd gaz 1 August 2008 pp 1991–2 commenced on date of notification Page 14 Reprint 3A effective 1 July 2009
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Endnotes State Development and Public Works Organisation (State Development Areas) Amendment Regulation (No. 5) 2008 SL No. 277 notfd gaz 29 August 2008 pp 2831–5 commenced on date of notification Transport and Other Legislation Amendment Regulation (No. 1) 2009 SL No. 93 ss 1, 2(2), pt 2 notfd gaz 19 June 2009 pp 707–11 ss 1–2 commenced on date of notification remaining provisions commenced 1 July 2009 (see s 2(2)) 6 List of annotations PART 1—PRELIMINARY pt hdg ins 2003 SL No. 256 s 3 Short title s 1 sub 2003 SL No. 256 s 3 PART 2—GLADSTONE STATE DEVELOPMENT AREA pt hdg ins 2003 SL No. 256 s 3 Definitions for pt 2 prov hdg amd 2003 SL No. 256 s 4(1) s 2 amd 2003 SL No. 256 s 4(2) def “GDR” ins 1999 SL No. 167 s 3 def “Gladstone Development Region” ins 1999 SL No. 167 s 3 amd 2008 SL No. 249 s 3 def “management strategy” ins 1999 SL No. 167 s 3 Declaration of Gladstone State Development Area s 3 amd 2001 SL No. 277 s 3; 2002 SL No. 377 s 3; 2003 SL No. 352 s 3; 2005 SL No. 79 s 3; 2007 SL No. 48 s 3; 2008 SL No. 249 s 4 Name of project board s 4 sub 1999 SL No. 167 s 4; 2000 SL No. 84 s 3 Functions of board s 5 amd 1999 SL No. 167 s 5; 2001 SL No. 277 s 4; 2004 SL No. 85 s 20; 2007 SL No. 48 s 4; 2008 SL No. 249 s 5; 2009 SL No. 93 s 4 PART 3—TOWNSVILLE STATE DEVELOPMENT AREA pt hdg ins 2003 SL No. 256 s 5 Declaration of Townsville State Development Area s 7 prev s 7 exp 10 April 1998 (see s 7(2)) pres s 7 ins 2003 SL No. 256 s 5 amd 2005 SL No. 267 s 3 PART 4—BUNDAMBA TO SWANBANK STATE DEVELOPMENT AREA pt hdg ins 2006 SL No. 124 s 3 Reprint 3A effective 1 July 2009 Page 15
State Development and Public Works Organisation (State Development Areas) Regulation 1998 Endnotes Declaration of Bundamba to Swanbank State Development Area s 8 ins 2006 SL No. 124 s 3 PART 5—STANWELL-GLADSTONE INFRASTRUCTURE CORRIDOR STATE DEVELOPMENT AREA pt 5 (s 9) ins 2008 SL No. 125 s 3 PART 6—QUEENSLAND CHILDREN’S HOSPITAL STATE DEVELOPMENT AREA pt 6 (s 10) ins 2008 SL No. 162 s 3 PART 7—ABBOT POINT STATE DEVELOPMENT AREA pt 7 (s 11) ins 2008 SL No. 165 s 3 PART 8—BROMELTON STATE DEVELOPMENT AREA pt 8 (s 12) ins 2008 SL No. 277 s 3 © State of Queensland 2009 Page 16 Reprint 3A effective 1 July 2009