State Development and Public Works Organisation Regulation 1999


Queensland Crest
State Development and Public Works Organisation Regulation 1999
Queensland State Development and Public Works Organisation Act 1971 State Development and Public Works Organisation Regulation 1999 Reprinted as in force on 18 December 2009 Reprint No. 5D 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 2010 SL No. 85 s 38
Information about this reprint This regulation is reprinted as at 18 December 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 Regulation 1999 Contents Part 1 1 Part 2 2 Part 3 9 10 11 Part 4 12 12A 12AA 12AB Part 4A 12B 12C 12D Part 4B 12E 12F Part 4C 12G Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Functions of Coordinator-General Delegated power under Industrial Development Act 1963—Act, s 10(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Moranbah Pipeline Projects Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SunWater directed to undertake particular works—Act, s 100. . . 6 Approved works for Coordinator-General—Act, s 109 . . . . . . . . . 6 Works for dam sites Definitions for pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Queensland Water Infrastructure directed to undertake particular works—Act, s 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Coordinator-General directed to undertake particular works—Act, s 109 ................................ 8 Coordinator-General to keep particular documents available for inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Drought contingency projects Definitions for pt 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Local bodies directed to undertake particular works—Act, s 100 12 Coordinator-General directed to undertake particular works—Act, s 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Works for potential coal transport corridors Definitions for pt 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Tarong Energy directed to undertake particular works—Act, s 100 ......................................... 14 Queensland Academy for Health Sciences Definitions for pt 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
State Development and Public Works Organisation Regulation 1999 Contents 12H 12I Part 4D 12J 12K 12L 12M Part 4E 12N 12O Part 4F 12P 12Q Part 4G 12R 12S Part 4H 12T 12U Part 4I 12V 12W Part 4J 12X 12Y 12Z 12ZA 12ZB Page 2 Coordinator-General directed to undertake particular works—Act, s 109 ............................... Coordinator-General and chief executive of DETA to keep particular documents available for inspection. . . . . . . . . . . . . . . . Water supply emergency projects Definitions for pt 4D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator-General authorised to undertake particular works—Act, s 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator-General authorised to take sand, etc.—Act, s 140(1)(a) ................................... Exempt development—Act, s 140(1)(b) . . . . . . . . . . . . . . . . . . . . Connors River Dam Investigations Definitions for pt 4E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator-General directed to undertake particular works—Act, s 109 ............................... Gold Coast University Hospital Project Definitions for pt 4F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator-General directed to undertake particular works—Act, s 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Works for particular temporary child care facility Definitions for pt 4G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator-General authorised to undertake particular works—Act, s 135(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Works for Fitzroy to Gladstone pipeline Definitions for pt 4H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Water board directed to undertake particular works—Act, s 100 . Griffith University Facilities Project Definitions for pt 4I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator-General directed to undertake particular works—Act, s 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cloncurry Pipeline Project Definitions for pt 4J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SunWater directed to undertake particular works—Act, s 100. . . Coordinator-General directed to undertake particular works—Act, s 109 ............................... Coordinator-General authorised to undertake particular works—Act, s 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator-General authorised to take sand etc.—Act, s 140(1)(a) ............................. 15 15 15 16 16 16 17 17 18 18 19 19 19 20 21 21 22 22 23 23 23
12ZC Part 4K 12ZD 12ZE 12ZF 12ZG Part 4L 12ZH 12ZI Part 5 13 14 15 16 17 Part 6 18 Schedule 1 1 2 3 4 5 6 7 Schedule 2 Schedule 3 State Development and Public Works Organisation Regulation 1999 Contents Exempt development—Act, s 140(1)(b) . . . . . . . . . . . . . . . . . . . . Wyaralong Water Treatment Plant and Cedar Grove and Karawatha Inter-connectors Definitions for pt 4k. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seqwater directed to undertake particular works—Act, s 100 . . . Southern Regional Water Pipeline Company directed to undertake particular works—Act, s 100 . . . . . . . . . . . . . . . . . . . . Coordinator-General directed to undertake particular works—Act, s 109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gold Coast Rapid Transit Project Definitions for pt 4L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator-General directed to undertake particular works—Act, s 109 ................................ Environmental coordination Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator-General’s public notification about terms of reference and EIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other matters about EIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Coordinator-General’s report . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous provisions Approval of terms of agreement to transfer works . . . . . . . . . . . . Matters to be addressed by assessment . . . . . . . . . . . . . . . . General information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proposed safeguards and mitigation measures . . . . . . . . . . . . . . Other approvals and conditions . . . . . . . . . . . . . . . . . . . . . . . . . . Proponent’s environmental record . . . . . . . . . . . . . . . . . . . . . . . . Information sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terms of agreement negotiated between Coordinator-General and Stadium Redevelopment Authority . . . . . . . . . . . . . . . . . Terms of agreement negotiated between the Coordinator-General and the State . . . . . . . . . . . . . . . . . . . . . 23 24 25 25 25 25 26 27 28 28 29 29 31 32 32 32 33 34 34 35 35 37 49 Endnotes 1 2 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 56 56 Page 3
State Development and Public Works Organisation Regulation 1999 Contents 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 57 58 62 Page 4
State Development and Public Works Organisation Regulation 1999 Part 1 Preliminary [s 1] State Development and Public Works Organisation Regulation 1999 [as amended by all amendments that commenced on or before 18 December 2009] Part 1 Preliminary 1 Short title This regulation may be cited as the State Development and Public Works Organisation Regulation 1999 . Part 2 Functions of Coordinator-General 2 Delegated power under Industrial Development Act 1963—Act, s 10(1) The Coordinator-General has the function of exercising a power delegated to the Coordinator-General under the Industrial Development Act 1963 , section 7. Part 3 Moranbah Pipeline Projects 9 Definitions for pt 3 In this part— Reprint 5D effective 18 December 2009 Page 5
State Development and Public Works Organisation Regulation 1999 Part 3 Moranbah Pipeline Projects [s 10] Moranbah Pipeline Projects Submission means the document called the ‘Moranbah Pipeline Projects Submission’ prepared by SunWater in May 2005 and held by the department. project works means— (a) the Burdekin pipeline, Eastern pipeline and Southern pipeline, as described in the Moranbah Pipeline Projects Submission; and (b) all other works reasonably connected with, or incidental to, the works mentioned in paragraph (a). Examples of other works for paragraph (b) construction of a permanent or temporary road for access, installation of a pump, telecommunication facility or water storage facility reserved works means the parts of the project works that, in the circumstances, can only be carried out with the exercise of a power that the Coordinator-General may exercise, under the Act, only for or in connection with works undertaken by the Coordinator-General. Example of a power the Coordinator-General may exercise only for works undertaken by the Coordinator-General the power under section 160 of the Act to obtain material from a watercourse SunWater means Sun Water Limited ACN 131 034 985. 10 SunWater directed to undertake particular works—Act, s 100 (1) Subsection (2) is a direction for section 100 of the Act. (2) SunWater must undertake all parts of the project works that are not reserved works. 11 Approved works for Coordinator-General—Act, s 109 (1) Subsection (2) is an approval for section 109 of the Act. (2) The Coordinator-General may undertake the reserved works. Page 6 Reprint 5D effective 18 December 2009
Part 4 State Development and Public Works Organisation Regulation 1999 Part 4 Works for dam sites [s 12] Works for dam sites 12 Definitions for pt 4 In this part— affected area means the areas shown on drawings 100110, 100111, 100112, 100113, 100114, 100118, 100119 and 100120, prepared by Queensland Water Infrastructure and dated February 2007, as Traveston Crossing Dam affected areas and Wyaralong Dam affected areas. Editor’s note The drawings may be inspected on the department’s website at <www.dip.qld.gov.au>. authorised works submission means Queensland Water Infrastructure’s report of March 2007 called ‘Submission to Coordinator-General for authorised works for proposed Traveston Crossing Dam and Wyaralong Dam’. dam site project works means each of the following— (a) Traveston Crossing Dam Stage 1 works; (b) Traveston Crossing Dam Stage 2 works; (c) Wyaralong Dam works. geo-technical investigations means investigations to determine the engineering feasibility of constructing a dam, including investigations of matters reasonably connected with, or incidental to, constructing a dam, on any part of the affected area. Queensland Water Infrastructure means Queensland Water Infrastructure Pty Ltd (ACN 119 634 427). reserved works means the parts of the dam site project works that, in the circumstances, can only be carried out with the exercise of a power the Coordinator-General may exercise under the Act only for or in connection with works undertaken by the Coordinator-General. Reprint 5D effective 18 December 2009 Page 7
State Development and Public Works Organisation Regulation 1999 Part 4 Works for dam sites [s 12A] Traveston Crossing Dam Stage 1 works means the works reasonably connected with, or incidental to, carrying out the measure listed in the Water Regulation 2002 , schedule 10B, item 12. Traveston Crossing Dam Stage 2 means stage 2 of the Traveston Crossing Dam described in the authorised works submission and proposed for completion in 2035. Traveston Crossing Dam Stage 2 works means the works for Traveston Crossing Dam Stage 2 that are reasonably connected with, or incidental to, carrying out early incidental works, land purchasing, surveys, planning and proposed investigations described in Queensland Water Infrastructure’s report of March 2007 called ‘Report on proposed Traveston Crossing Dam—stage 2 works’. Wyaralong Dam works means the works reasonably connected with, or incidental to, carrying out the measure listed in the Water Regulation 2002 , schedule 10B, item 13. 12A Queensland Water Infrastructure directed to undertake particular works—Act, s 100 (1) Subsection (2) is a direction for section 100 of the Act. (2) Queensland Water Infrastructure must undertake all parts of the dam site project works that are not reserved works. 12AA Coordinator-General directed to undertake particular works—Act, s 109 (1) Subsection (2) is a direction for section 109 of the Act. (2) The Coordinator-General must undertake the following works in the affected area— (a) geo-technical investigations; (b) activities relating to cultural heritage and plant and animal surveys; (c) reserved works. Page 8 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Part 4A Drought contingency projects [s 12AB] 12AB Coordinator-General to keep particular documents available for inspection The Coordinator-General must keep the drawings mentioned in section 12, definition affected area available for inspection on the department’s website on the internet. Part 4A Drought contingency projects 12B Definitions for pt 4A In this part— drought contingency report means the document titled ‘Report on the Drought Contingency Projects—January 2009’ held by the department and published on its website. Editor’s note The department’s website is <www.dip.qld.gov.au>. eastern pipeline inter-connector project works means the works reasonably connected with, or incidental to— (a) carrying out early incidental works, land purchasing, surveys, planning and proposed investigations for the eastern pipeline inter-connector described in the drought contingency report; or (b) the construction of the mainland works, for the eastern pipeline inter-connector, as described in the drought contingency report. Kuraby inter-connector project preliminary works means the works reasonably connected with, or incidental to, the carrying out of early incidental works, land purchasing, surveys, planning and investigations for the construction of a pipeline from the southern regional water pipeline to the pipeline connecting the Illaweena and Kuraby reservoirs, as described in the drought contingency report. Reprint 5D effective 18 December 2009 Page 9
State Development and Public Works Organisation Regulation 1999 Part 4A Drought contingency projects [s 12B] Page 10 Lowood to Lake Wivenhoe project works means the works reasonably connected with, or incidental to, the construction of the pipeline to discharge water into Lake Wivenhoe as described in the drought contingency report. northern pipeline inter-connector stage 1 project works means the works reasonably connected with, or incidental to, the construction of stage 1 of the northern pipeline inter-connector described in the drought contingency report. northern pipeline inter-connector stage 2 construction project works means the works reasonably connected with, or incidental to, the construction of the pipeline between the Noosa water treatment plant and the northern pipeline inter-connector stage 1 pipeline near Eudlo, and associated works, mentioned in the drought contingency report. northern pipeline inter-connector stage 2 project works means the works for stage 2 of the northern pipeline inter-connector that are reasonably connected with, or incidental to, carrying out early incidental works, land purchasing, surveys, planning and proposed investigations described in the drought contingency report. project works means any of the following— (a) the south east Queensland (Gold Coast) desalination facility facilitation project works; (b) the south east Queensland (Gold Coast) desalination facility construction project works; (c) the southern regional water pipeline project works; (d) the eastern pipeline inter-connector project works; (e) the northern pipeline inter-connector stage 1 project works; (f) the northern pipeline inter-connector stage 2 project works; (g) the western corridor recycled water project works; (h) the Toowoomba pipeline project preliminary works; (i) the Toowoomba pipeline project works; Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Part 4A Drought contingency projects [s 12B] (j) the Kuraby inter-connector project preliminary works; (k) the northern pipeline inter-connector stage 2 construction project works. reserved works , in relation to each of the project works, means the parts of the project works that, in the circumstances, can only be carried out with the exercise of a power that the Coordinator-General may exercise, under the Act, only for or in connection with works undertaken by the Coordinator-General. South East Queensland (Gold Coast) Desalination Facility means the desalination facility of that name described in the drought contingency report. south east Queensland (Gold Coast) desalination facility construction project works means the works reasonably connected with, or incidental to, the construction of the South East Queensland (Gold Coast) Desalination Facility. south east Queensland (Gold Coast) desalination facility facilitation project works means the works reasonably connected with, or incidental to, facilitating the construction of the South East Queensland (Gold Coast) Desalination Facility. southern regional water pipeline project works means the works reasonably connected with, or incidental to, the construction of the southern regional water pipeline described in the drought contingency report. Toowoomba pipeline project preliminary works means the Toowoomba pipeline project works comprising early incidental works, land purchasing, surveys, planning and investigations. Toowoomba pipeline project works means the works reasonably connected with, or incidental to, the construction of a pipeline from Lake Wivenhoe to Lake Cressbrook as described in the drought contingency report. town water supply project works means the works reasonably connected with, or incidental to, the construction of the pipeline to supply water to Benarkin, Blackbutt, Reprint 5D effective 18 December 2009 Page 11
State Development and Public Works Organisation Regulation 1999 Part 4A Drought contingency projects [s 12C] Toolgoolawah and Yarraman and described in the drought contingency report. western corridor recycled water project works (a) means the works reasonably connected with, or incidental to, the construction of the western corridor recycled water project described in the drought contingency report; and (b) includes— (i) the town water supply project works; and (ii) the Lowood to Lake Wivenhoe project works. 12C Local bodies directed to undertake particular works—Act, s 100 (1) Each of subsections (2) to (4) is a direction for section 100 of the Act. (2) South East Queensland (Gold Coast) Desalination Company Pty Ltd (ACN 122 413 316) must undertake all parts of the following project works that are not reserved works— (a) the south east Queensland (Gold Coast) desalination facility facilitation project works; (b) the south east Queensland (Gold Coast) desalination facility construction project works. (3) Southern Regional Water Pipeline Company Pty Ltd (ACN 117 898 174) must undertake all parts of the following project works that are not reserved works— (a) the eastern pipeline inter-connector project works; (b) the northern pipeline inter-connector stage 1 project works; (c) the northern pipeline inter-connector stage 2 project works; (d) the southern regional water pipeline project works; (e) the Toowoomba pipeline project preliminary works; Page 12 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Part 4B Works for potential coal transport corridors [s 12D] (f) the Toowoomba pipeline project works; (g) the Kuraby inter-connector project preliminary works; (h) the northern pipeline inter-connector stage 2 construction project works. (4) Western Corridor Recycled Water Pty Ltd (ACN 124 226 777) must undertake all parts of the western corridor recycled water project works that are not reserved works. 12D Coordinator-General directed to undertake particular works—Act, s 109 (1) Subsection (2) is a direction for section 109 of the Act. (2) The Coordinator-General must undertake the reserved works for each of the project works. Part 4B Works for potential coal transport corridors 12E Definitions for pt 4B In this part— geo-technical investigations means investigations to determine the engineering feasibility of constructing a railway or conveyor for transporting coal. investigation area means the area shown on a map called ‘Tarong Energy Transport Investigation Corridor (TEIC_001_001)’ held by the Coordinator-General. Tarong Energy means Tarong Energy Corporation Limited ACN 078 848 736. Reprint 5D effective 18 December 2009 Page 13
State Development and Public Works Organisation Regulation 1999 Part 4C Queensland Academy for Health Sciences [s 12F] 12F Tarong Energy directed to undertake particular works—Act, s 100 (1) Subsection (2) is a direction for section 100 of the Act. (2) Tarong Energy must undertake the following works within the investigation area to evaluate potential corridors for transporting coal from the coal deposit at Kunioon and the New Acland Mine to the Tarong Power Station— (a) geo-technical investigations; (b) surveys and valuations of land; (c) surveys of flora and fauna; (d) surveys of cultural heritage. Part 4C Queensland Academy for Health Sciences 12G Definitions for pt 4C In this part— Academy means the proposed educational facility called ‘Queensland Academy for Health Sciences’. DETA means the department in which the Education (General Provisions) Act 2006 is administered. project area means the part of lot 26 on SP123118, shown on a document called ‘Detail survey of part of lot 26 on SP123118’. project works means— (a) the works to construct the Academy, as shown on architectural drawings A0 01-01, A0 01-02, AA 02-01, AB 02-01, AB 02-02, AC 02-01, AD 02-01, AE 02-01, AE 02-02, AF 02-01 and AF 02-02, prepared for DETA; and Page 14 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Part 4D Water supply emergency projects [s 12H] (b) all other works reasonably connected with, or incidental to, the works mentioned in paragraph (a). 12H Coordinator-General directed to undertake particular works—Act, s 109 (1) Subsection (2) is a direction for section 109 of the Act. (2) The Coordinator-General must undertake the project works in the project area. 12I Coordinator-General and chief executive of DETA to keep particular documents available for inspection The Coordinator-General and the chief executive of DETA must keep a copy of the documents mentioned in section 12G, definitions project area and project works , available for inspection at the department’s and DETA’s head offices. Editor’s note The offices are located at 100 George Street and 30 Mary Street, Brisbane. Part 4D Water supply emergency projects 12J Definitions for pt 4D In this part— water supply emergency project works means the works reasonably connected with, or incidental to, carrying out the measures and works mentioned in the Water Regulation 2002, section 82(3)(a) and (c). Example stockpiling, processing and haulage of sand and other material for the measures and works mentioned in the Water Regulation 2002 , section 82(3)(a) and (c) Reprint 5D effective 18 December 2009 Page 15
State Development and Public Works Organisation Regulation 1999 Part 4D Water supply emergency projects [s 12K] Wivenhoe Dam (a) means the storage area created by the works known as Wivenhoe Dam that include a barrier that does or could or would impound water; and (b) includes an embankment or other structure that controls the flow of water and is incidental to works mentioned in paragraph (a). 12K Coordinator-General authorised to undertake particular works—Act, s 140 The Coordinator-General is authorised to undertake works in, on, over, through or across Wivenhoe Dam. 12L Coordinator-General authorised to take sand, etc.—Act, s 140(1)(a) The Coordinator-General is authorised— (a) to take sand, stone, gravel and other material from Wivenhoe Dam; and (b) to use the sand, stone, gravel and other material for the water supply emergency project works. 12M Exempt development—Act, s 140(1)(b) (1) Subsection (2) is a direction for section 140(1)(b) of the Act. (2) The taking, and use for the water supply emergency project works, of sand, stone, gravel and other material, authorised under section 12L, is exempt development under the Sustainable Planning Act. Page 16 Reprint 5D effective 18 December 2009
Part 4E State Development and Public Works Organisation Regulation 1999 Part 4E Connors River Dam Investigations [s 12N] Connors River Dam Investigations 12N Definitions for pt 4E In this part— geo-technical investigations means investigations to determine the engineering feasibility of constructing a dam, including investigations of matters reasonably connected with, or incidental to, constructing a dam, on any part of the investigation area. investigation area means the area shown as the Investigation Area (Full Supply Level EL 168.4m) on the map, of 24 November 2006, titled ‘Connors River Dam at Mt Bridget AMTD 95.7km’ and held by the department. 12O Coordinator-General directed to undertake particular works—Act, s 109 (1) Subsection (2) is a direction for section 109 of the Act. (2) The Coordinator-General must undertake the following works in the investigation area— (a) geo-technical investigations; (b) surveys of cultural heritage; (c) surveys of flora and fauna; (d) surveys and valuations of land. Reprint 5D effective 18 December 2009 Page 17
State Development and Public Works Organisation Regulation 1999 Part 4F Gold Coast University Hospital Project [s 12P] Part 4F Gold Coast University Hospital Project 12P Definitions for pt 4F In this part— Gold Coast University Hospital facilities means the Gold Coast University Hospital facilities described in the project report. Gold Coast University Hospital facilities works means the project works of that name described in the project report and comprising works reasonably connected with, or incidental to, the construction of the Gold Coast University Hospital facilities. preliminary works means the project works comprising early incidental works, land purchasing, surveys, investigations, planning and preparation of detailed designs. project report means the Coordinator-General’s report of August 2008 titled ‘Gold Coast University Hospital Second Project Report’ held by the Coordinator-General and published on the department’s website. Editor’s note The department’s website is <www.dip.qld.gov.au>. project works means the works reasonably connected with, or incidental to, the construction of the Gold Coast University Hospital Project described in the project report. 12Q Coordinator-General directed to undertake particular works—Act, s 109 (1) Subsection (2) is a direction for section 109 of the Act. (2) The Coordinator-General must undertake the following works— (a) the preliminary works; (b) the Gold Coast University Hospital facilities works. Page 18 Reprint 5D effective 18 December 2009
Part 4G State Development and Public Works Organisation Regulation 1999 Part 4G Works for particular temporary child care facility [s 12R] Works for particular temporary child care facility 12R Definitions for pt 4G In this part— child care facility agreement means the agreement entered into between the State and the Churches of Christ in Queensland ABN 28 953 930 342 on 10 June 2008. Editor’s note The child care facility agreement is held by the department and may be inspected at the office of the Coordinator-General, 100 George St, Brisbane. temporary child care facility works means the works that are to be undertaken, under the child care facility agreement, by the Coordinator-General. 12S Coordinator-General authorised to undertake particular works—Act, s 135(2) (1) Subsection (2) is an authorisation for section 135(2) of the Act. (2) The Coordinator-General is authorised to undertake the temporary child care facility works. Part 4H Works for Fitzroy to Gladstone pipeline 12T Definitions for pt 4H In this part— Reprint 5D effective 18 December 2009 Page 19
State Development and Public Works Organisation Regulation 1999 Part 4H Works for Fitzroy to Gladstone pipeline [s 12U] investigation area means the area shown as the proposed corridor investigation area on the map series, of 17 November 2007, that— (a) is called ‘Proposed Investigation Area for Fitzroy to Gladstone Pipeline’; and (b) is held by the department; and (c) is available for inspection by members of the public. pipeline investigations means the following works reasonably connected with the proposed construction of a pipeline for carrying water between the Fitzroy River and Gladstone— (a) investigations to determine the engineering feasibility of constructing the pipeline, including, for example, the drilling of test pits and bore holes; (b) surveys of flora and fauna; (c) surveys of soil and water quality; (d) surveys of cultural heritage; (e) valuations of land; (f) surveys of land and watercourses. water board means Gladstone Area Water Board ABN 88 409 667 181. 12U Water board directed to undertake particular works—Act, s 100 (1) Subsection (2) is a direction for section 100 of the Act. (2) The water board must undertake the pipeline investigations in the investigation area. Page 20 Reprint 5D effective 18 December 2009
Part 4I State Development and Public Works Organisation Regulation 1999 Part 4I Griffith University Facilities Project [s 12V] Griffith University Facilities Project 12V Definitions for pt 4I In this part— medicine and oral health centre means the Centre for Medicine and Oral Health described in the project report. preliminary works means the works comprising early incidental works, surveys, investigations, planning and preparation of detailed designs for— (a) the medicine and oral health centre; and (b) the student accommodation facilities. project report means the Coordinator-General’s report of November 2008 titled ‘Griffith University Facilities Project Report’ held by the Coordinator-General and published on the department’s website. Editor’s note The department’s website is <www.dip.qld.gov.au>. The project report also may be inspected at the office of the Coordinator-General, 100 George Street, Brisbane. science and engineering building works means the works reasonably connected with, or incidental to, the construction of the Science and Engineering Building described in the project report. student accommodation facilities means the Student Accommodation Facilities described in the project report. 12W Coordinator-General directed to undertake particular works—Act, s 109 (1) Subsection (2) is a direction for section 109 of the Act. (2) The Coordinator-General must undertake the following works— Reprint 5D effective 18 December 2009 Page 21
State Development and Public Works Organisation Regulation 1999 Part 4J Cloncurry Pipeline Project [s 12X] (a) the preliminary works; (b) the science and engineering building works Part 4J Cloncurry Pipeline Project 12X Definitions for pt 4J In this part— Cloncurry pipeline project works means works reasonably connected with, or incidental to, the construction of the Cloncurry pipeline as described in the pipeline report. Examples of works reasonably connected with, or incidental to, the construction of the pipeline construction of a permanent or temporary road for access installation of a pump, telecommunications facility or water storage facility pipeline report means SunWater’s report of 17 July 2009 called ‘Cloncurry pipeline project description’. reserved works means the parts of the Cloncurry pipeline project works that, in the circumstances, can only be carried out with the exercise of a power the Coordinator-General may exercise under the Act only for or in connection with works undertaken by the Coordinator-General. Example of a power the Coordinator-General may exercise only for works undertaken by the Coordinator-General the power under section 160 of the Act to obtain material from a watercourse SunWater means SunWater Limited ACN 131 034 985. 12Y SunWater directed to undertake particular works—Act, s 100 (1) Subsection (2) is a direction for section 100 of the Act. Page 22 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Part 4J Cloncurry Pipeline Project [s 12Z] (2) SunWater must undertake all parts of the Cloncurry pipeline project works that are not reserved works. 12Z Coordinator-General directed to undertake particular works—Act, s 109 (1) Subsection (2) is a direction for section 109 of the Act. (2) The Coordinator-General must undertake the reserved works. 12ZA Coordinator-General authorised to undertake particular works—Act, s 40 For the Cloncurry pipeline project works, the Coordinator-General is authorised to undertake works in, on, over, through or across the Cloncurry River. 12ZB Coordinator-General authorised to take sand etc.—Act, s 140(1)(a) The Coordinator-General is authorised— (a) to take sand, stone, gravel and other material from the Cloncurry River; and (b) to use the sand, stone, gravel and other material for the Cloncurry pipeline project works. 12ZC Exempt development—Act, s 140(1)(b) (1) Subsection (2) is a direction for section 140(1)(b) of the Act. (2) The taking, and use for the Cloncurry pipeline project works, of sand, stone, gravel and other material authorised under section 12ZB is exempt development under the Sustainable Planning Act. Reprint 5D effective 18 December 2009 Page 23
State Development and Public Works Organisation Regulation 1999 Part 4K Wyaralong Water Treatment Plant and Cedar Grove and Karawatha Inter-connectors [s 12ZD] Part 4K Wyaralong Water Treatment Plant and Cedar Grove and Karawatha Inter-connectors 12ZD Definitions for pt 4k In this part— Cedar Grove and Karawatha inter-connector project works means works reasonably connected with, or incidental to— (a) carrying out early incidental works, land purchasing, surveys, planning and proposed investigations for pipelines connecting the Wyaralong water treatment plant to the South East Queensland Water Grid, specifically the southern regional water pipeline and the Kuraby reservoir; or (b) construction of the pipelines. project works means— (a) Cedar Grove and Karawatha inter-connector project works; or (b) Wyaralong water treatment plant project works. reserved works , in relation to each of the project works, means the parts of the works that, in the circumstances, can only be carried out with the exercise of a power the Coordinator-General may exercise under the Act only for or in connection with works undertaken by the Coordinator-General. Seqwater means Queensland Bulk Water Supply Authority ABN 75 450 239 876 trading as Seqwater. Southern Regional Water Pipeline Company means Southern Regional Water Pipeline Company Pty Ltd ACN 117 898 174. Wyaralong water treatment plant means the proposed water treatment plant at Wyaralong to process water extracted from Wyaralong Dam and the Logan River system. Page 24 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Part 4L Gold Coast Rapid Transit Project [s 12ZE] Wyaralong water treatment plant project works means works reasonably connected with, or incidental to— (a) carrying out early incidental works, land purchasing, surveys, planning and investigations for the Wyaralong water treatment plant; or (b) the construction of the Wyaralong water treatment plant. 12ZE Seqwater directed to undertake particular works—Act, s 100 (1) Subsection (2) is a direction for section 100 of the Act. (2) Seqwater must undertake all parts of the Wyaralong water treatment plant project works that are not reserved works. 12ZF Southern Regional Water Pipeline Company directed to undertake particular works—Act, s 100 (1) Subsection (2) is a direction for section 100 of the Act. (2) Southern Regional Water Pipeline Company must undertake all parts of the Cedar Grove and Karawatha inter-connector project works that are not reserved works. 12ZG Coordinator-General directed to undertake particular works—Act, s 109 (1) Subsection (2) is a direction for section 109 of the Act. (2) The Coordinator-General must undertake the reserved works. Part 4L Gold Coast Rapid Transit Project 12ZH Definitions for pt 4L In this part— Reprint 5D effective 18 December 2009 Page 25
State Development and Public Works Organisation Regulation 1999 Part 4L Gold Coast Rapid Transit Project [s 12ZI] GCRT facilitation works means— (a) operational work that is— (i) the clearing of native vegetation on land in the project area; and (ii) undertaken to facilitate the carrying out of the GCRT precinct works; or (b) other works reasonably connected with or incidental to carrying out the work mentioned in paragraph (a). GCRT precinct works means the works of that name described in the project report. native vegetation see the Integrated Planning Act, schedule 10. operational work see the Integrated Planning Act, section 1.3.5(1). project area means the following areas shown at appendix A of the project report on the drawing stated for the area— (a) clearing area ‘A’—A1195200-620B; (b) clearing area ‘B’—A1195200-620C; (c) clearing area ‘C’—A1195200-620D; (d) clearing area ‘D’—A1195200-620E; (e) clearing areas ‘E1’ and ‘E2’—A1195200-620F. project report means the Coordinator-General’s report of October 2009 titled ‘Gold Coast Rapid Transit - Gold Coast Health and Knowledge Precinct - Project Report’ held by the Coordinator-General and published on the department’s website. Editor’s note The department’s website is <www.dip.qld.gov.au>. 12ZI Coordinator-General directed to undertake particular works—Act, s 109 (1) Subsection (2)— Page 26 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Part 5 Environmental coordination [s 13] (a) is a direction for section 109 of the Act; and (b) applies only if the relevant Ministers have, before any GCRT facilitation works are undertaken, agreed in writing to an arrangement satisfactory to the Ministers about addressing adverse environmental effects of the works. (2) The Coordinator-General is directed to undertake the GCRT facilitation works. (3) In this section— relevant Ministers means each of the following— (a) the Minister administering the Vegetation Management Act 1999 ; (b) the Minister administering the Nature Conservation Act 1992 . Part 5 Environmental coordination 13 Definitions for pt 5 In this part— Commonwealth Environment Act means the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth). Commonwealth Minister means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act. controlling provision , for a project, means a provision of the Commonwealth Environment Act, chapter 2, part 3, decided by the Commonwealth Minister as a controlling provision for the project under that Act, chapter 4, part 7, division 2. designated proponent , for a project, means the person designated as a proponent for the action the subject of the Reprint 5D effective 18 December 2009 Page 27
State Development and Public Works Organisation Regulation 1999 Part 5 Environmental coordination [s 14] project under the Commonwealth Environment Act, section 75(3). EIS process means the process in part 4, division 3 of the Act. relevant impacts has the meaning given by the Commonwealth Environment Act, section 82. 14 Application of pt 5 (1) This part applies to a project only if— (a) the project is a significant project under part 4 of the Act; and (b) before or after it becomes a significant project, either of the following apply— (i) the Commonwealth Minister has, under the Commonwealth Environment Act— (A) decided the approach for assessing the relevant impacts of the project is assessment by an accredited assessment process; and (B) given notice of the decision; (ii) the relevant impacts of the project are to be assessed under a bilateral agreement. (2) Any steps or actions taken in the EIS process after the project becomes a significant project and before the action mentioned in subsection (1)(b)(i) happens are taken to have complied with this part. (3) In this section— bilateral agreement has the meaning given by the Commonwealth Environment Act, section 45(2). 15 Coordinator-General’s public notification about terms of reference and EIS (1) A public notification under section 29(1)(b) or 33(1) of the Act must state each of the following— Page 28 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Part 5 Environmental coordination [s 16] (a) the project’s title; (b) the proponent’s name; (c) the name of the entity intending to take the action the subject of the project; (d) if the proponent and designated proponent are not the same entity—the designated proponent’s name; (e) a brief description of the project; (f) the location of the project; (g) the protected matters for the project. (2) A notification mentioned in subsection (1) must be published— (a) in a newspaper circulating throughout Australia; or (b) in each State or Territory in a newspaper circulating generally in the State or Territory. (3) In this section— protected matter means a matter protected by a provision of the Commonwealth Environment Act, part 3, mentioned in section 34 of that Act. 16 Other matters about EIS (1) An EIS must address the matters mentioned in schedule 1. (2) The submission period set under section 33(1)(d) of the Act must be at least 28 days starting on the day after the date of the notification under the section. 17 Coordinator-General’s report (1) A report under section 35(3) of the Act must contain the following matters— (a) a description of the following— (i) the project; (ii) the places affected by the project; Reprint 5D effective 18 December 2009 Page 29
State Development and Public Works Organisation Regulation 1999 Part 5 Environmental coordination [s 17] (iii) the controlling provisions for the project; (b) a summary of the project’s relevant impacts; (c) a description of feasible mitigation measures, changes to the project or procedures, to prevent or minimise the project’s relevant impacts, proposed by the proponent or suggested in relevant submissions; (d) to the extent practicable, a description of feasible alternatives to the project identified in the EIS process, and the likely impact of the alternatives on matters of national environmental significance; (e) a statement of conditions of approval for the project that may be imposed to address impacts, identified in the EIS process, on matters of national environmental significance; (f) a statement of requirements for, and conditions of, approval applying, or proposed to apply, to the project when the report is prepared, including a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project. (2) After completing the report, the Coordinator-General must give a copy of it to the Commonwealth Minister. (3) In this section— matters of national environmental significance means matters of national environmental significance mentioned in the Commonwealth Environment Act, chapter 2, part 3, division 1. relevant submissions means properly made submissions, or other submissions accepted by the Coordinator-General under section 34 of the Act. Page 30 Reprint 5D effective 18 December 2009
Part 6 State Development and Public Works Organisation Regulation 1999 Part 6 Miscellaneous provisions [s 18] Miscellaneous provisions 18 Approval of terms of agreement to transfer works (1) The terms of the agreement negotiated between the Coordinator-General and the Stadium Redevelopment Authority, as set out in schedule 2, are approved under section 134(2) of the Act. (2) The terms of the agreement negotiated between the Coordinator-General and the State represented by the Department of Public Works, as set out in schedule 3, are also approved under the section. Reprint 5D effective 18 December 2009 Page 31
State Development and Public Works Organisation Regulation 1999 Schedule 1 Schedule 1 Matters to be addressed by assessment section 16(1) 1 General information The background of the project including the following— (a) the project’s title; (b) the designated proponent’s full name and postal address; (c) a clear outline of the project’s objective; (d) the project’s location; (e) the background to the project’s development; (f) how the project relates to any other actions, of which the proponent should reasonably be aware, that have been, or are being, taken or that have been approved in the area affected by the project; (g) the project’s current status; (h) the consequences of not proceeding with the project. 2 Description A description of the project, including the following information— (a) the project’s components; (b) the precise location of works to be undertaken, structures to be built or components of the project that may have relevant impacts; (c) how the works are to be undertaken and design parameters for aspects of the structures or components of the project that may have relevant impacts; (d) the project’s relevant impacts; Page 32 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 1 (e) proposed safeguards and mitigation measures for dealing with the project’s relevant impacts; (f) any other requirements for, or conditions of, approval applying, or that the proponent reasonably believes are likely to apply, to the project; (g) to the extent reasonably practicable, any feasible alternatives to the project, including the following— (i) if relevant, the alternative of taking no action; (ii) a comparative description of the impacts of each alternative on the matters protected by the controlling provisions for the project; (iii) sufficient detail to clarify why any alternative is preferred to another; (h) any consultation about the project, including the following— (i) consultation taken and any documented response to, or result of, the consultation; (ii) proposed consultation about the project’s relevant impacts; (i) an identification of affected persons, including a statement mentioning any communities that may be affected and describing the communities’ views. 3 Relevant impacts Information given under section 2(d) must include the following— (a) a description of the project’s relevant impacts; (b) a detailed assessment of the nature and extent of the likely short term and long term relevant impacts; (c) a statement about whether any relevant impacts are likely to be unknown, unpredictable or irreversible; (d) an analysis of the significance of the relevant impacts; Reprint 5D effective 18 December 2009 Page 33
State Development and Public Works Organisation Regulation 1999 Schedule 1 (e) any technical data and other information used or needed to make a detailed assessment of the relevant impacts. 4 Proposed safeguards and mitigation measures Information given under section 2(e) must include the following— (a) a description, and an assessment of the expected or predicted effectiveness, of the mitigation measures for dealing with the project’s relevant impacts; (b) any statutory or policy basis for the mitigation measures; (c) the cost of the mitigation measures; (d) an outline of an environmental management plan setting out the framework for continuing management, mitigation and monitoring programs for the project’s relevant impacts, including any provision for independent environmental auditing; (e) the name of the entity responsible for endorsing or approving each mitigation measure or monitoring program; (f) a consolidated list of mitigation measures proposed to be undertaken to prevent, minimise or compensate for the project’s relevant impacts, including mitigation measures proposed to be taken by the State, a local government or the proponent. 5 Other approvals and conditions (1) Information given under section 2(f) must include the following— (a) details of any planning instrument under the Sustainable Planning Act dealing with the project including the following— (i) what environmental assessment of the project has been, or is being, carried out under the planning instrument; Page 34 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 1 (ii) how the planning instrument provides for preventing, minimising and managing the project’s relevant impacts; (b) a description of any approval, other than the Commonwealth approval, obtained from a State or Commonwealth entity, including any approval conditions applying to the project; (c) a statement identifying any other required approval, other than the Commonwealth approval; (d) a description of the monitoring, enforcement and review procedures applying, or proposed to apply, to the project. (2) In this section— Commonwealth approval means the Commonwealth Minister’s approval of the action the subject of the project under the Environment Protection and Biodiversity Conservation Act 1999 (Cwlth), chapter 4, part 9. 6 Proponent’s environmental record (1) Details of any proceedings under a law of the Commonwealth or a State for the protection of the environment or the conservation and sustainable use of natural resources (an environmental law ) against— (a) the proponent; and (b) the applicant for any permit under an environmental law for the project. (2) If the proponent is a corporation, details of the corporation’s environmental policy and planning framework. 7 Information sources The EIS must state the following about information given in the EIS— (a) the source of the information; (b) how recent the information is; Reprint 5D effective 18 December 2009 Page 35
State Development and Public Works Organisation Regulation 1999 Schedule 1 (c) how the reliability of the information was tested; (d) any uncertainties in the information. Page 36 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 2 Schedule 2 Terms of agreement negotiated between Coordinator-General and Stadium Redevelopment Authority section 18(1) This agreement is made this day of 2003. Between: The Coordinator-General , a corporation sole constituted under section 8 of the State Development and Public Works Organisation Act 1971 (“SDPWO Act”) of 100 George St, Brisbane in the State of Queensland. (“the COG”) And: Stadium Redevelopment Authority , a body corporate established under section 34 of the Major Sports Facilities Act 2001 of 411 Vulture Street, Woolloongabba in the State of Queensland. (“SRA”) Recitals A. The COG has caused works to be undertaken for the redevelopment of the Suncorp Stadium. B. Some of those works are complete or practically complete and are available for use as part of or for use with the Suncorp Stadium. C. The parties acknowledge that the SRA has paid for those works and will continue to complete the works which are practically complete. D. The COG wishes to transfer and the SRA wishes to accept the transfer, management, operation and control of the Stadium Works pursuant to section 134 of the SDPWO Act. Reprint 5D effective 18 December 2009 Page 37
State Development and Public Works Organisation Regulation 1999 Schedule 2 E. The COG is the registered owner of or entitled to be the registered owner of that land specified in Schedule 1 (“the COG Land”). F. The COG wishes to transfer and the SRA agrees to accept a transfer of the COG Land. G. The parties wish to record the terms of their Agreement. Now the parties agree as follows— 1. Interpretation 1.1 In this Agreement unless the context otherwise requires or the contrary intention appears, the following terms shall have the meanings assigned to them— “Agreement” means this document and all schedules to this document. “COG” means the Coordinator-General. “COG Land” means that land specified in Schedule 1. “External Works” means those works located on the area shaded blue on the plan in Schedule 2 and do not include the Stadium Works. “GST” has the same meaning as in GST Law. “GST Law” includes A New Tax System (Goods and Services Tax) Act 1999 (Cth) order, ruling or regulation which imposes or purports to impose or otherwise deals with the administration or imposition of GST on a supply of goods or services in Australia. “SDPWO Act” means the State Development and Public Works Organisation Act 1971 . “Settlement Date” means 8.30am on 30 May 2003. “SRA” means the Stadium Redevelopment Authority. “Stadium Works” means those works constructed on lot 41 on RP904552 and lot 42 on SP161089 (but do not include any part of the Milton Road pedestrian bridge) together with the Page 38 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 2 plaza constructed over Chippendall Street and the plaza constructed over Hale Street but do not include the land over which those plazas are constructed. “Supply” has the same meaning as in GST Law. “Tax Invoice” has the same meaning as in GST Law. “Transfer Documents” means— (a) a transfer under the Land Title Act 1994 capable of immediate registration (after stamping), transferring the title in the COG Land to SRA, free from encumbrances; and (b) any other document to be signed by the parties necessary for stamping and/or registering the transfer. 1.2 A reference to a person includes a reference to corporations and other entities recognised by law. 1.3 In this Agreement the Table of Contents has been inserted for convenience of reference only and is not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Agreement. 1.4 A reference to a statute, regulation, ordinance or local law shall be deemed to extend to all statutes, regulations, ordinances or local laws amending, consolidating or replacing them. 1.5 In this Agreement the headings to the clauses have been inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of any of the terms and conditions of this Agreement. 1.6 The singular includes the plural and vice versa. 1.7 Words importing one gender shall include a reference to all other genders. 1.8 In the case of any inconsistency between the Schedule and a clause contained in this Agreement, the provisions of the clause shall prevail to the extent of any inconsistency. Reprint 5D effective 18 December 2009 Page 39
State Development and Public Works Organisation Regulation 1999 Schedule 2 2. Regulation The parties acknowledge that this Agreement will only come into effect upon approval of the terms of this Agreement by a regulation made under section 134(2) of the SDPWO Act. 3. Transfer of Stadium Works 3.1 The COG agrees to transfer the Stadium Works together with the management, operation and control of the Stadium Works to the SRA for $1.00 and the SRA accepts the transfer of the Stadium Works together with the management, operation and control of the Stadium Works. 3.2 The transfer shall take effect on the Settlement Date. 4. Use of External Works 4.1 The COG authorises the SRA to occupy and use the External Works and to complete the construction of the External Works, where necessary. 4.2 The SRA shall ensure that a public liability insurance policy relating to its use and occupation of the External Works is taken out and maintained. That policy shall be in accordance with the COG’s reasonable requirements. 4.3 The rights granted to the SRA under clause 4.1 shall take effect from the Settlement Date and shall continue until terminated by written notice from the COG. 4.4 Upon completion of the External Works, the SRA shall negotiate with the COG for the transfer of those works to a third party. 5. Transfer of COG Land 5.1 The COG agrees to transfer the COG Land to the SRA for $1.00 and the SRA accepts the transfer of the COG Land in accordance with the terms of this Agreement. 5.2 The transfer of the COG Land shall be effective on the Settlement Date. Page 40 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 2 6. Risk The COG Land shall be at the risk of SRA on and from the Settlement Date. 7. Transfer Document SRA shall prepare the Transfer Documents and deliver them to the COG within a reasonable time before the Settlement Date. 8. Settlement 8.1 On the Settlement Date, the COG shall deliver the executed Transfer Documents to SRA. 8.2 Settlement shall be effected at the Titles Office on the Settlement Date. 9. GST 9.1 The parties acknowledge that GST may be payable on the Supply of goods and/or services under this Agreement. 9.2 Where GST is payable on a Supply, the consideration payable by the recipient shall be adjusted in accordance with clauses 9.3 and 9.4. 9.3 Subject to the supplier issuing a Tax Invoice, the consideration payable by the recipient to the supplier for the Supply shall be increased by the amount equal to that which the supplier is obliged to remit as GST on the Supply. 9.4 If it is determined that the amount of GST collected from the recipient differs for any reason from the amount of GST paid or payable by the supplier, including by reason of— (a) any amendment to the GST Law; (b) the issue of a ruling or advice by the Commissioner of Taxation; or (c) a refund to the supplier in respect of a Supply made under this Agreement, Reprint 5D effective 18 December 2009 Page 41
State Development and Public Works Organisation Regulation 1999 Schedule 2 the recipient shall be entitled to a refund of the additional consideration collected from the recipient. 10. Indemnity 10.1 On and from the Settlement Date, the SRA – (a) indemnifies; and (b) releases and discharges, the COG from and against all actions, proceedings, claims, demands, costs, losses, damages and expenses which may be brought against or made upon the COG, or which the COG may pay, sustain or be put to by reason of, or in consequence of or in connection with the Stadium Works (including the construction of or the use of the Stadium Works) or the External Works (including the construction of or the use and occupation of the External Works), other than as a result of the negligent act or omission of the COG, its servants or agents. 10.2 Despite the transfer of the Stadium Works and the COG Land under the terms of this Agreement, the indemnity contained in clause 10.1 shall remain in full force and effect. 11. Governing Law This Agreement will be governed by and construed according to the law of the State of Queensland and the parties agree to submit to the jurisdiction of the Courts of the State of Queensland. 12. Costs 12.1 Each party shall pay its own costs of and incidental to the negotiation, preparation and execution of this Agreement. 12.2 SRA shall pay any stamp duty payable on this Agreement. 13. Notices 13.1 Notices under this Agreement may be delivered by hand, by registered mail, or by facsimile to the addresses specified in Page 42 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 2 clause 13.3 or any substitute address as may have been notified in writing by the relevant addressee from time to time. 13.2 Notice will be deemed to be given— (a) 2 Business Days after deposit in the mail with postage prepaid; (b) when delivered by hand; or (c) if sent by facsimile transmission, upon an apparently successful transmission being noted by the sender's facsimile machine prior to close of business at 5.00pm. Facsimile transmissions received after 5.00pm will be deemed to be received at the start of the next working day, as the case may be. 13.3 The address for each party is— COG Address: Director Infrastructure Projects & Land Management Department of State Development 100 George Street BRISBANE QLD 4000 Postal Address: PO Box 168 Albert Street BRISBANE QLD 4002 Attention: Telephone: Facsimile: Claire Single (07) 3225 8322 (07) 3229 7315 SRA Address: Chief Executive Officer Stadium Redevelopment Authority Level 11 Gabba Towers 411 Vulture Street WOOLLOONGABBA QLD 4102 Reprint 5D effective 18 December 2009 Page 43
State Development and Public Works Organisation Regulation 1999 Schedule 2 Postal Address: Attention: Telephone: Facsimile: Level 11, Gabba Towers 411 Vulture Street WOOLOONGABBA QLD 4102 Kevin Yearbury (07) 3008 6110 (07) 3008 6161 Page 44 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 2 Schedule 1 COG Land Lot County 471 on SP 144611 Stanley 41 on RP 904552 Stanley 42 on SP 161089 Stanley Parish Title Reference North Brisbane 50400268 North Brisbane 50170425 North Brisbane yet to issue Reprint 5D effective 18 December 2009 Page 45
State Development and Public Works Organisation Regulation 1999 Schedule 2 Schedule 2 Plan showing external works Page 46 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 2 Executed As A Deed on the Dates Appearing Below THE OFFICIAL SEAL of the ) Coordinator-General was ) duly affixed ) this day of May 2003 ) ) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) . . . . . . . . . . . . . . . . . . . . . . . (full name) ) (signature) ) .............................. ) (designation) ) ) in the presence of: ) ) .............................. ) (signature) ) ) .............................. ) (full name of witness) ) ) ) SIGNED SEALED AND DELIVERED ) on behalf of the ) Stadium Redevelopment Authority ) this day of May 2003 ) ) Reprint 5D effective 18 December 2009 Page 47
State Development and Public Works Organisation Regulation 1999 Schedule 2 by . . . . . . . . . . . . . . . . . . . . . . . . . . . . (full name) . ............................. ). . . . . . . . . . . . . . . . . . . . . . . ) (signature) ) ) (designation) who is a duly authorised officer in the presence of: .............................. (signature) .............................. ( full name of witness ) ) ) ) ) ) ) ) ) ) ) ) Page 48 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 3 Schedule 3 Terms of agreement negotiated between the Coordinator-General and the State section 18(2) THIS AGREEMENT is made BETWEEN: THE COORDINATOR-GENERAL , a corporation sole constituted under the State Development and Public Works Organisation Act 1971 (“the CG ) AND: THE STATE OF QUEENSLAND through the Department of Public Works (“DPW”) RECITALS A. The CG constructed the Goodwill Bridge pursuant to the CG’s powers under the SDPWO Act. B. Construction of the Bridge has been completed and the parties agree to the transfer of the Bridge and the management, operation and control of the Bridge from the CG to DPW pursuant to section 134 of the SDPWO Act. D. This Agreement records the agreement between the parties. Reprint 5D effective 18 December 2009 Page 49
State Development and Public Works Organisation Regulation 1999 Schedule 3 THE PARTIES AGREE: 1. INTERPRETATION 1.1 In this Agreement, unless the context otherwise requires: “Agreement” means this agreement. “Bridge” means the South Bank Pedestrian and Cycle Bridge, known as the Goodwill Bridge, described in the Bridge Plan. “Bridge Plan” means the plan in the schedule to this Agreement. “Regulation” means the regulation under the SDPWO Act referred to in clause 2. “SDPWO Act” means the State Development and Public Works Organisation Act 1971 . “Settlement Date” means the day on which the Regulation commences operation. 1.2 A reference to persons includes corporations and other entities. 1.3 The singular includes the plural and vice versa. 2. REGULATION This Agreement will take effect when the particulars of the Agreement have been approved by a regulation under section 134(2) of the SDPWO Act. 3. TRANSFER 3.1 The CG agrees to transfer the Bridge and the management, operation and control of the Bridge to DPW. 3.2 DPW accepts the transfer of the Bridge and the management, operation and control of the Bridge on and from the Settlement Date. Page 50 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 3 4. INDEMNITY 4.1 DPW indemnifies the CG against liability in relation to any actions, proceedings, claims or demands concerning the Bridge that arise from acts or omissions, other than acts or omissions of the CG, that happen on or after the Settlement Date. 4.2 The CG indemnifies DPW against liability in relation to any actions, proceedings, claims or demands concerning the Bridge, including the construction or use of the Bridge, that arise from acts or omissions that happened prior to the Settlement Date. 5. GOVERNING LAW This Agreement will be governed by the laws of Queensland. 6. COSTS Each party will pay its own costs in relation to the negotiation, preparation and execution of this Agreement. 7. FURTHER ACTION 7.1 The CG will deliver to DPW all documents and data that it holds in relation to the on-going operation and control of the Bridge. 7.2 Each party will do everything reasonably required by notice from the other party to give effect to this Agreement and to protect the rights of the other party. 8. NOTICES 8.1 Notices under this Agreement must be in writing and may be delivered by hand, by registered mail or by facsimile to the relevant address specified in clause 8.3 or substitute address notified by the relevant addressee to the other. 8.2 Notices will be deemed to be given: Reprint 5D effective 18 December 2009 Page 51
State Development and Public Works Organisation Regulation 1999 Schedule 3 (a) two business days after deposit in the mail with postage paid; (b) when hand delivered; or (c) if sent by facsimile, upon the sender’s receipt of a successful transmission report before 5.00pm on a business day. Notices by facsimile received after 5.00pm will be deemed to have been received at the start of the next business day. 8.3 Addresses for notices: CG Mr Ross Rolfe Coordinator-General 5th Floor Executive Building 100 George Street BRISBANE QLD 4000 Postal address: PO Box 15009 City East Q 4002 Facsimile: (07) 3224 7472 DPW Mr Selwyn Clark Director Portfolio and Housing Unit Department of Public Works Level 6B 80 George Street BRISBANE QLD 4000 Page 52 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 3 Postal address: GPO Box 2457 BRISBANE QLD 4001 Facsimile: (07) 3225 8108 EXECUTED as a deed by the parties as follows: THE OFFICIAL SEAL of THE COORDINATOR-GENERAL ) ) was affixed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) (Insert name) ) ................... in the presence of: ) (Signature and seal) ........................................ ) (Insert name) ) ........................................ ) (Signature) ) Date:. . . . . . . . . . . . . . Reprint 5D effective 18 December 2009 Page 53
State Development and Public Works Organisation Regulation 1999 Schedule 3 SIGNED on behalf of the STATE OF QUEENSLAND ) ) by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ) (Insert name) ) ................... an authorised delegate of the Director-General, ) Department of Public Works, in the presence of: ) (Signature) ........................................ ) (Insert name) ) ........................................ ) (Signature) ) Date:. . . . . . . . . . . . . . Page 54 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Schedule 3 SCHEDULE Bridge Plan Reprint 5D effective 18 December 2009 Page 55
State Development and Public Works Organisation Regulation 1999 Endnotes Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62 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 18 December 2009. Future amendments of the State Development and Public Works Organisation Regulation 1999 may be made in accordance with this reprint under the Reprints Act 1992, section 49. Page 56 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 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 1D Amendments to none 1999 SL No. 340 2000 SL No. 300 2001 SL No. 137 2001 SL No. 180 Effective 13 August 1999 17 December 1999 24 November 2000 10 August 2001 5 October 2001 Reprint date 18 August 1999 23 December 1999 30 November 2000 14 August 2001 12 October 2001 Reprint No. 1E 1F Amendments included 2002 SL No. 362 Effective 20 December 2002 1 January 2003 2— 2A 2003 SL No. 75 1 January 2003 2 May 2003 Notes provs exp 31 December 2002 R1F withdrawn, see R2 Reprint 5D effective 18 December 2009 Page 57
State Development and Public Works Organisation Regulation 1999 Endnotes Reprint No. 2B 2C 2D Amendments included 2003 SL No. 105 2E 2005 SL No. 234 2F 2005 SL No. 253 2G 2006 SL No. 54 2H 2006 SL No. 83 2I 2006 SL No. 242 2J 2006 SL No. 274 3— 3A 2007 SL No. 42 3B 2007 SL No. 65 3C 2007 SL No. 128 3D 2007 SL No. 172 2007 SL No. 173 3E 2008 SL No. 124 3F 2008 SL No. 130 3G 2008 SL No. 163 4 2008 SL No. 171 4A 2008 SL No. 257 4B 2008 SL No. 262 4C 2008 SL No. 379 4D 2008 SL No. 412 4E 2009 SL No. 1 5— 5A 2009 SL No. 193 5B 2009 SL No. 214 5C 2009 SL No. 247 5D 2009 SL No. 280 Effective 30 May 2003 1 July 2004 30 September 2004 23 September 2005 14 October 2005 31 March 2006 5 May 2006 29 September 2006 10 November 2006 10 November 2006 23 March 2007 27 April 2007 15 June 2007 20 July 2007 9 May 2008 16 May 2008 13 June 2008 27 June 2008 15 August 2008 22 August 2008 28 November 2008 12 December 2008 30 January 2009 30 January 2009 11 September 2009 9 October 2009 6 November 2009 18 December 2009 Notes provs exp 30 June 2004 provs exp 29 September 2004 R2J withdrawn, see R3 R4E withdrawn, see R5 5 List of legislation State Development and Public Works Organisation Regulation 1999 SL No. 188 (prev State Development (South Bank Pedestrian and Cycle Bridge) Regulation 1999) made by the Governor in Council on 12 August 1999 notfd gaz 13 August 1999 pp 2052–3 commenced on date of notification exp 31 August 2010 (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— Page 58 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Endnotes State Development (South Bank Pedestrian and Cycle Bridge) Amendment Regulation 1999 SL No. 340 notfd gaz 17 December 1999 pp 1586–9 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 1) 2000 SL No. 300 notfd gaz 24 November 2000 pp 1188–9 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 1) 2001 SL No. 137 notfd gaz 10 August 2001 pp 1390–1 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 2) 2001 SL No. 180 notfd gaz 5 October 2001 pp 411–12 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 1) 2002 SL No. 362 notfd gaz 20 December 2002 pp 1359–63 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 1) 2003 SL No. 75 notfd gaz 2 May 2003 pp 57–8 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 2) 2003 SL No. 105 notfd gaz 30 May 2003 pp 371–6 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 1) 2005 SL No. 234 notfd gaz 23 September 2005 pp 309–10 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 2) 2005 SL No. 253 notfd gaz 14 October 2005 pp 599–600 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 1) 2006 SL No. 54 notfd gaz 31 March 2006 pp 1282–5 commenced on date of notification Reprint 5D effective 18 December 2009 Page 59
State Development and Public Works Organisation Regulation 1999 Endnotes State Development and Public Works Organisation Amendment Regulation (No. 2) 2006 SL No. 83 notfd gaz 5 May 2006 pp 76–7 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 3) 2006 SL No. 242 notfd gaz 29 September 2006 pp 481–2 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 4) 2006 SL No. 274 notfd gaz 10 November 2006 pp 1211–12 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 1) 2007 SL No. 42 pts 1–2 notfd gaz 23 March 2007 pp 1366–9 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 2) 2007 SL No. 65 notfd gaz 27 April 2007 pp 1887–90 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 3) 2007 SL No. 128 notfd gaz 15 June 2007 pp 892–5 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 4) 2007 SL No. 172 notfd gaz 20 July 2007 pp 1524–5 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 5) 2007 SL No. 173 notfd gaz 20 July 2007 pp 1524–5 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 2) 2008 SL No. 124 notfd gaz 9 May 2008 pp 277–8 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 1) 2008 SL No. 130 notfd gaz 16 May 2008 pp 407–8 commenced on date of notification Page 60 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Endnotes State Development and Public Works Organisation Amendment Regulation (No. 3) 2008 SL No. 163 notfd gaz 13 June 2008 pp 948–51 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 4) 2008 SL No. 171 notfd gaz 27 June 2008 pp 1268–78 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 5) 2008 SL No. 257 notfd gaz 15 August 2008 pp 2241–2 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 6) 2008 SL No. 262 notfd gaz 22 August 2008 pp 2651–6 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 7) 2008 SL No. 379 notfd gaz 28 November 2008 pp 1698–1701 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 8) 2008 SL No. 412 notfd gaz 12 December 2008 pp 2044–53 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 1) 2009 SL No. 1 notfd gaz 30 January 2009 pp 449–50 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 2) 2009 SL No. 193 notfd gaz 11 September 2009 pp 148–9 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 3) 2009 SL No. 214 notfd gaz 9 October 2009 pp 445–6 commenced on date of notification State Development and Public Works Organisation Amendment Regulation (No. 4) 2009 SL No. 247 notfd gaz 6 November 2009 pp 728–30 commenced on date of notification Reprint 5D effective 18 December 2009 Page 61
State Development and Public Works Organisation Regulation 1999 Endnotes Sustainable Planning Regulation 2009 SL No. 280 ss 1–2, pt 9 div 22 notfd gaz 27 November 2009 pp 1001–6 ss 1–2 commenced on date of notification remaining provisions commenced 18 December 2009 (see s 2) 6 List of annotations PART 1—PRELIMINARY pt hdg ins 1999 SL No. 340 s 3 Short title s 1 amd 1999 SL No. 340 s 4 PART 2—FUNCTIONS OF COORDINATOR-GENERAL pt hdg orig pt hdg ins 1999 SL No. 340 s 5 exp 31 December 2002 (see s 5) prev pt hdg ins 2003 SL No. 75 s 3 sub 2003 SL No. 105 s 3 om 2005 SL No. 253 s 3 pres pt hdg ins 2006 SL No. 54 s 3 Delegated power under Industrial Development Act 1963—Act, s 10(1) prov hdg sub 1999 SL No. 340 s 6 s 2 orig s 2 amd 1999 SL No. 340 s 6; 2001 SL No. 180 s 3 exp 31 December 2002 (see prev s 5) prev s 2 ins 2003 SL No. 75 s 3 amd 2005 SL No. 234 s 3 om 2005 SL No. 253 s 3 pres s 2 ins 2006 SL No. 54 s 3 Authorised works s 3 orig s 3 exp 31 December 2002 (see s 5) prev s 3 ins 2003 SL No. 75 s 3 om 2005 SL No. 253 s 3 Restriction on entry to bridge s 4 orig s 4 exp 31 December 2002 (see s 5) prev s 4 ins 2003 SL No. 75 s 3 om 2005 SL No. 253 s 3 Restriction on entry to bridge s 4A ins 2001 SL No. 180 s 4 exp 31 December 2002 (see prev s 5) Prohibition on certain activities relating to bridge s 4B ins 2001 SL No. 180 s 4 exp 31 December 2002 (see prev s 5) Page 62 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Endnotes Closure or partial closure of bridge s 4C ins 2001 SL No. 180 s 4 exp 31 December 2002 (see prev s 5) Prohibition on entering or remaining in closed area s 4D ins 2001 SL No. 180 s 4 exp 31 December 2002 (see prev s 5) Vehicle speed limit for bridge s 4E ins 2001 SL No. 180 s 4 exp 31 December 2002 (see prev s 5) Prohibition on certain activities relating to bridge prov hdg amd 1999 SL No. 340 s 7(1) s 5 orig s 5 amd 1999 SL No. 340 s 7(2); 2001 SL No. 180 s 5 exp 31 December 2002 (see prev s 5) prev s 5 (prev s 4A) ins 2003 SL No. 75 s 3 renum 2005 SL No. 234 s 4 om 2005 SL No. 253 s 3 Closure or partial closure of bridge s 6 orig s 6 ins 1999 SL No. 340 s 8 exp 31 December 2001 (see prev s 9) prev s 6 ins 2002 SL No. 362 s 3 exp 30 June 2004 (see prev s 8) pres s 6 (prev s 4B) ins 2003 SL No. 75 s 3 renum 2005 SL No. 234 s 4 om 2005 SL No. 253 s 3 Prohibition on entering or remaining in closed area s 7 orig s 7 ins 1999 SL No. 340 s 8 exp 31 December 2001 (see prev s 9) prev s 7 ins 2002 SL No. 362 s 3 exp 30 June 2004 (see prev s 8) pres s 7 (prev s 4C) ins 2003 SL No. 75 s 3 amd 2005 SL No. 234 s 3 renum 2005 SL No. 234 s 4 om 2005 SL No. 253 s 3 Vehicle speed limit for bridge s 8 orig s 8 ins 1999 SL No. 340 s 8 exp 31 December 2001 (see prev s 9) prev s 8 ins 2002 SL No. 362 s 3 exp 30 June 2004 (see prev s 8) pres s 8 (prev s 4D) ins 2003 SL No. 75 s 3 renum 2005 SL No. 234 s 4 om 2005 SL No. 253 s 3 PART 3—MORANBAH PIPELINE PROJECTS pt hdg orig pt hdg ins 1999 SL No. 340 s 8 exp 31 December 2001 (see prev s 9) Reprint 5D effective 18 December 2009 Page 63
State Development and Public Works Organisation Regulation 1999 Endnotes prev pt hdg ins 2002 SL No. 362 s 3 exp 30 June 2004 (see prev s 8) pres pt hdg ins 2005 SL No. 234 s 5 Definitions for pt 3 s 9 prev s 9 ins 1999 SL No. 340 s 8 exp 31 December 2001 (see prev s 9) pres s 9 ins 2005 SL No. 234 s 5 def “SunWater” sub 2009 SL No. 193 s 3 SunWater directed to undertake particular works—Act, s 100 s 10 prev s 10 ins 2000 SL No. 300 s 3 exp 29 September 2004 (see s 12) pres s 10 ins 2005 SL No. 234 s 5 Approved works for Coordinator-General—Act, s 109 s 11 prev s 11 ins 2000 SL No. 300 s 3 exp 29 September 2004 (see s 12) pres s 11 ins 2005 SL No. 234 s 5 PART 4—WORKS FOR DAM SITES pt hdg prev pt 4 hdg ins 2000 SL No. 300 s 3 exp 29 September 2004 (see prev s 12) pres pt 4 hdg ins 2006 SL No. 83 s 3 sub 2007 SL No. 42 s 3 Definitions for pt 4 s 12 prev s 12 ins 2000 SL No. 300 s 3 exp 29 September 2004 (see prev s 12) pres s 12 ins 2006 SL No. 83 s 3 sub 2007 SL No. 42 s 3 def “reserved works” ins 2009 SL No. 214 s 3 Queensland Water Infrastructure directed to undertake particular works—Act, s 100 s 12A ins 2006 SL No. 83 s 3 sub 2007 SL No. 42 s 3 amd 2009 SL No. 214 s 4 Coordinator-General directed to undertake particular works—Act, s 109 s 12AA ins 2007 SL No. 42 s 3 amd 2009 SL No. 214 s 5 Coordinator-General to keep particular documents available for inspection s 12AB ins 2007 SL No. 42 s 3 PART 4A—DROUGHT CONTINGENCY PROJECTS pt hdg ins 2006 SL No. 242 s 3 Definitions for pt 4A s 12B ins 2006 SL No. 242 s 3 def “desalination facility MOU” om 2007 SL No. 173 s 3(1) Page 64 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Endnotes def “drought contingency report” ins 2007 SL No. 173 s 3(2) sub 2008 SL No. 124 s 3(1)–(2) amd 2008 SL No. 262 s 3(1); 2008 SL No. 412 s 3(1); 2009 SL No. 1 s 3(1) def “eastern pipeline inter-connector project works” ins 2007 SL No. 173 s 3(2) def “Kuraby inter-connector project preliminary works” ins 2008 SL No. 412 s 3(2) def “Lowood to Lake Wivenhoe project works” ins 2007 SL No. 173 s 3(2) def “northern pipeline inter-connector project works” om 2007 SL No. 173 s 3(1) def “northern pipeline inter-connector stage 1 project works” ins 2007 SL No. 173 s 3(2) def “northern pipeline inter-connector stage 2 construction project works” ins 2009 SL No. 1 s 3(2) def “northern pipeline inter-connector stage 2 project works” ins 2007 SL No. 173 s 3(2) def “project works” amd 2007 SL No. 173 s 3(3); 2008 SL No. 124 s 3(3); 2008 SL No. 262 s 3(2); 2008 SL No. 412 s 3(3); 2009 SL No. 1 s 3(3) def “service provider” om 2007 SL No. 173 s 3(1) def “South East Queensland (Gold Coast) Desalination Facility” sub 2007 SL No. 173 s 3(1)–(2) def “south east Queensland (Gold Coast) desalination facility facilitation project works” sub 2007 SL No. 173 s 3(1)–(2) def “southern regional water pipeline project works” sub 2007 SL No. 173 s 3(1)–(2) def “Toowoomba pipeline project preliminary works” ins 2008 SL No. 124 s 3(2) def “Toowoomba pipeline project works” ins 2008 SL No. 124 s 3(2) def “town water supply project works” ins 2007 SL No. 173 s 3(2) def “Water Infrastructure Project Board” om 2007 SL No. 173 s 3(1) def “western corridor recycled water project works” ins 2007 SL No. 173 s 3(2) Local bodies directed to undertake particular works—Act, s 100 s 12C ins 2006 SL No. 242 s 3 sub 2007 SL No. 173 s 4 amd 2008 SL No. 124 s 4; 2008 SL No. 262 s 4; 2008 SL No. 412 s 4; 2009 SL No. 1 s 4 Coordinator-General directed to undertake particular works—Act, s 109 s 12D ins 2006 SL No. 242 s 3 sub 2008 SL No. 262 s 5 PART 4B—WORKS FOR POTENTIAL COAL TRANSPORT CORRIDORS pt 4B (ss 12E–12F) ins 2006 SL No. 274 s 3 PART 4C—QUEENSLAND ACADEMY FOR HEALTH SCIENCES pt 4C (ss 12G–12I) ins 2007 SL No. 65 s 3 Reprint 5D effective 18 December 2009 Page 65
State Development and Public Works Organisation Regulation 1999 Endnotes PART 4D—WATER SUPPLY EMERGENCY PROJECTS pt hdg ins 2007 SL No. 128 s 3 Definitions for pt 4D s 12J ins 2007 SL No. 128 s 3 Coordinator-General authorised to undertake particular works—Act, s 140 s 12K ins 2007 SL No. 128 s 3 Coordinator-General authorised to take sand, etc.—Act, s 140(1)(a) s 12L ins 2007 SL No. 128 s 3 Exempt development—Act, s 140(1)(b) s 12M ins 2007 SL No. 128 s 3 amd 2009 SL No. 280 s 125 PART 4E—CONNORS RIVER DAM INVESTIGATIONS pt 4E (ss 12N–12O) ins 2007 SL No. 172 s 3 PART 4F—GOLD COAST UNIVERSITY HOSPITAL PROJECT pt 4F hdg ins 2008 SL No. 130 s 3 Definitions for pt 4F s 12P ins 2008 SL No. 130 s 3 def “Gold Coast University Hospital facilities” ins 2008 SL No. 257 s 3(2) def “Gold Coast University Hospital facilities works” ins 2008 SL No. 257 s 3(2) def “project report” sub 2008 SL No. 257 s 3(1)–(2) Coordinator-General directed to undertake particular works—Act, s 109 s 12Q ins 2008 SL No. 130 s 3 amd 2008 SL No. 257 s 4 PART 4G—WORKS FOR PARTICULAR TEMPORARY CHILD CARE FACILITY pt 4G (ss 12R–12S) ins 2008 SL No. 163 s 3 PART 4H—WORKS FOR FITZROY TO GLADSTONE PIPELINE pt 4H (ss 12T–12U) ins 2008 SL No. 171 s 3 PART 4I—GRIFFITH UNIVERSITY FACILITIES PROJECT pt 4I (ss 12V–12W) ins 2008 SL No. 379 s 3 PART 4J—CLONCURRY PIPELINE PROJECT pt hdg ins 2009 SL No. 193 s 4 Definitions for pt 4J s 12X ins 2009 SL No. 193 s 4 SunWater directed to undertake particular works—Act, s 100 s 12Y ins 2009 SL No. 193 s 4 Coordinator-General directed to undertake particular works—Act, s 109 s 12Z ins 2009 SL No. 193 s 4 Page 66 Reprint 5D effective 18 December 2009
State Development and Public Works Organisation Regulation 1999 Endnotes Coordinator-General authorised to undertake particular works—Act, s 40 s 12ZA ins 2009 SL No. 193 s 4 Coordinator-General authorised to take sand etc.—Act, s 140(1)(a) s 12ZB ins 2009 SL No. 193 s 4 Exempt development—Act, s 140(1)(b) s 12ZC ins 2009 SL No. 193 s 4 amd 2009 SL No. 280 s 126 PART 4K—WYARALONG WATER TREATMENT PLANT AND CEDAR GROVE AND KARAWATHA INTER-CONNECTORS pt 4K (ss 12ZD–12ZG) ins 2009 SL No. 214 s 6 PART 4L—GOLD COAST RAPID TRANSIT PROJECT pt 4L (ss 12ZH–12ZI) ins 2009 SL No. 247 s 3 PART 5—ENVIRONMENTAL COORDINATION pt hdg ins 2001 SL No. 137 s 3 Definitions for pt 5 s 13 ins 2001 SL No. 137 s 3 Application of pt 5 s 14 ins 2001 SL No. 137 s 3 Coordinator-General’s public notification about terms of reference and EIS s 15 ins 2001 SL No. 137 s 3 amd 2008 SL No. 124 s 5; 2009 SL No. 193 s 5 Other matters about EIS s 16 ins 2001 SL No. 137 s 3 amd 2003 SL No. 105 s 4 Coordinator-General’s report s 17 ins 2001 SL No. 137 s 3 PART 6—MISCELLANEOUS PROVISIONS pt hdg ins 2003 SL No. 105 s 5 Approval of terms of agreement to transfer works s 18 ins 2003 SL No. 105 s 5 amd 2005 SL No. 253 s 4 SCHEDULE 1—MATTERS TO BE ADDRESSED BY ASSESSMENT sch hdg amd 2003 SL No. 105 s 6 sch 1 ins 2001 SL No. 137 s 4 Relevant impacts s 3 amd 2009 SL No. 193 s 6(1) Other approvals and conditions s 5 amd 2009 SL No. 193 s 6(2)–(3); 2009 SL No. 280 s 127 Reprint 5D effective 18 December 2009 Page 67
State Development and Public Works Organisation Regulation 1999 Endnotes SCHEDULE 2—TERMS OF AGREEMENT NEGOTIATED BETWEEN COORDINATOR-GENERAL AND STADIUM REDEVELOPMENT AUTHORITY sch hdg amd 2008 SL No. 124 s 6 sch 2 ins 2003 SL No. 105 s 7 SCHEDULE 3—TERMS OF AGREEMENT NEGOTIATED BETWEEN THE COORDINATOR-GENERAL AND THE STATE ins 2005 SL No. 253 s 5 © State of Queensland 2010 Page 68 Reprint 5D effective 18 December 2009