Sustainable Planning Act 2009


Queensland Crest
Sustainable Planning Act 2009

An Act for a framework to integrate planning and development assessment so that development and its effects are managed in a way that is ecologically sustainable, and for related purposes

Chapter 1 Preliminary

Part 1 Introduction

1Short title

This Act may be cited as the Sustainable Planning Act 2009.

2Commencement

This Act commences on a day to be fixed by proclamation.

Part 2 Purpose and advancing the purpose

3Purpose of Act

The purpose of this Act is to seek to achieve ecological sustainability by—
(a)managing the process by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; and
(b)managing the effects of development on the environment, including managing the use of premises; and
(c)continuing the coordination and integration of planning at the local, regional and State levels.

4Advancing Act’s purpose

(1)If, under this Act, a function or power is conferred on an entity, the entity must—
(a)unless paragraph (b) or (c) applies—perform the function or exercise the power in a way that advances this Act’s purpose; or
(b)if the entity is an assessment manager other than a local government—in assessing and deciding a matter under this Act, have regard to this Act’s purpose; or
(c)if the entity is a referral agency other than a local government (unless the local government is acting as a referral agency under devolved or delegated powers)—in assessing and deciding a matter under this Act, have regard to this Act’s purpose.
(2)Subsection (1) does not apply to code assessment or compliance assessment under this Act.

5What advancing Act’s purpose includes

(1)Advancing this Act’s purpose includes—
(a)ensuring decision-making processes—
(i)are accountable, coordinated, effective and efficient; and
(ii)take account of short and long-term environmental effects of development at local, regional, State and wider levels, including, for example, the effects of development on climate change; and
(iii)apply the precautionary principle; and
(iv)seek to provide for equity between present and future generations; and
(b)ensuring the sustainable use of renewable natural resources and the prudent use of non-renewable natural resources by, for example, considering alternatives to the use of non-renewable natural resources; and
(c)avoiding, if practicable, or otherwise lessening, adverse environmental effects of development, including, for example—
(i)climate change and urban congestion; and
(ii)adverse effects on human health; and
(d)considering housing choice and diversity, and economic diversity; and
(e)supplying infrastructure in a coordinated, efficient and orderly way, including encouraging urban development in areas where adequate infrastructure exists or can be provided efficiently; and
(f)applying standards of amenity, conservation, energy, health and safety in the built environment that are cost-effective and for the public benefit; and
(g)providing opportunities for community involvement in decision making.
(2)For subsection (1)(a)(iii), the precautionary principle is the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environmental damage.
(3)In this section—
natural resources includes biological, energy, extractive, land and water resources that are important to economic development because of their contribution to employment generation and wealth creation.

Part 3 Interpretation

Division 1 Dictionary

6Definitions

The dictionary in schedule 3 defines particular words used in this Act.

Division 2 Key definitions

7Meaning of development

Development is any of the following—
(a)carrying out building work;
(b)carrying out plumbing or drainage work;
(c)carrying out operational work;
(d)reconfiguring a lot;
(e)making a material change of use of premises.

8Meaning of ecological sustainability

Ecological sustainability is a balance that integrates—
(a)protection of ecological processes and natural systems at local, regional, State and wider levels; and
(b)economic development; and
(c)maintenance of the cultural, economic, physical and social wellbeing of people and communities.

9Meaning of lawful use

A use of premises is a lawful use of the premises if—
(a)the use is a natural and ordinary consequence of making a material change of use of the premises; and
(b)the making of the material change of use was in compliance with this Act.

Division 3 Supporting definitions and explanations for key definitions

10Definitions for terms used in development

(1)In this Act—
building work
1Building work means—
(a)building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building or other structure; or
(b)work regulated under the building assessment provisions, other than IDAS; or
(c)excavating or filling—
(i)for, or incidental to, the activities mentioned in paragraph (a); or
(ii)that may adversely affect the stability of a building or other structure, whether on the land on which the building or other structure is situated or on adjoining land; or
(d)supporting (whether vertically or laterally) land for activities mentioned in paragraph (a).
2Building work, for administering IDAS in relation to a Queensland heritage place, includes any of the following—
(a)altering, repairing, maintaining or moving a built, natural or landscape feature on the place;
(b)excavating, filling or other disturbances to land that damage, expose or move archaeological artefacts or underwater cultural heritage artefacts, as defined under the Queensland Heritage Act 1992, on the place;
(c)altering, repairing or removing artefacts that contribute to the place’s cultural heritage significance, including, for example, furniture and fittings;
(d)altering, repairing or removing building finishes that contribute to the place’s cultural heritage significance, including, for example, paint, wallpaper and plaster.
3Building work, for administering IDAS in relation to a Queensland heritage place, does not include development for which an exemption certificate has been issued under the Queensland Heritage Act 1992.
4Building work does not include undertaking—
(a)operations of any kind and all things constructed or installed that allow taking or interfering with water, other than using a water truck to pump water, under the Water Act 2000; or
(b)tidal works; or
(c)work for reconfiguring a lot.

Example for paragraph (c)—

building a retaining wall
lot means—
(a)a lot under the Land Title Act 1994; or
(b)a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994; or
(c)common property for a community titles scheme under the Body Corporate and Community Management Act 1997; or
(d)a lot or common property to which the Building Units and Group Titles Act 1980 continues to apply; or
(e)a community or precinct thoroughfare under the Mixed Use Development Act 1993; or
(f)a primary or secondary thoroughfare under the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985.

Note—

The Building Units and Group Titles Act 1980 may continue to apply to the following Acts—
Integrated Resort Development Act 1987
Mixed Use Development Act 1993
Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980
Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984
Sanctuary Cove Resort Act 1985.
material change of use, of premises, means—
(a)the start of a new use of the premises; or
(b)the re-establishment on the premises of a use that has been abandoned; or
(c)a material increase in the intensity or scale of the use of the premises.
operational work
1Operational work means—
(a)extracting gravel, rock, sand or soil from the place where it occurs naturally; or
(b)conducting a forest practice; or
(c)excavating or filling that materially affects premises or their use; or
(d)placing an advertising device on premises; or
(e)undertaking work in, on, over or under premises that materially affects premises or their use; or
(f)clearing vegetation, including vegetation to which the Vegetation Management Act applies; or
(g)undertaking operations of any kind and all things constructed or installed that allow taking or interfering with water, other than using a water truck to pump water, under the Water Act 2000; or
(h)undertaking—
(i)tidal works; or
(ii)work in a coastal management district; or
(i)constructing or raising waterway barrier works; or
(j)performing work in a declared fish habitat area; or
(k)removing, destroying or damaging a marine plant; or
(l)undertaking roadworks on a local government road.
2Operational work does not include—
(a)for item 1(a) to (f) and (j), any element of work that is—
(i)building work; or
(ii)drainage work; or
(iii)plumbing work; or
(b)clearing vegetation on—
(i)a forest reserve under the Nature Conservation Act 1992; or
(ii)a protected area under the Nature Conservation Act 1992, section 28; or
(iii)an area declared as a State forest or timber reserve under the Forestry Act 1959; or
(iv)a forest entitlement area under the Land Act 1994.
reconfiguring a lot means—
(a)creating lots by subdividing another lot; or
(b)amalgamating 2 or more lots; or
(c)rearranging the boundaries of a lot by registering a plan of subdivision; or
(d)dividing land into parts by agreement rendering different parts of a lot immediately available for separate disposition or separate occupation, other than by an agreement that is—
(i)a lease for a term, including renewal options, not exceeding 10 years; or
(ii)an agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997; or
(e)creating an easement giving access to a lot from a constructed road.
(2)For the definition of building work in subsection (1), item 1(b), work includes a management procedure or other activity relating to a building or structure even though the activity does not involve a structural change to the building or structure.

Example—

a management procedure under the fire safety standard under the Building Act relating to a budget accommodation building

s 10 amd 2009 No. 42s 26; 2012 No. 16s 64; 2014 No. 61s 82sch 1

11Explanation of terms used in ecological sustainability

For section 8
(a)ecological processes and natural systems are protected if—
(i)the life-supporting capacities of air, ecosystems, soil and water are conserved, enhanced or restored for present and future generations; and
(ii)biological diversity is protected; and
(b)economic development takes place if there are diverse, efficient, resilient and strong economies (including local, regional and State economies) enabling communities to meet their present needs while not compromising the ability of future generations to meet their needs; and
(c)the cultural, economic, physical and social wellbeing of people and communities is maintained if—
(i)well-serviced and healthy communities with affordable, efficient, safe and sustainable development are created and maintained; and
(ii)areas and places of special aesthetic, architectural, cultural, historic, scientific, social or spiritual significance are conserved or enhanced; and
(iii)integrated networks of pleasant and safe public areas for aesthetic enjoyment and cultural, recreational or social interaction are provided; and
(iv)potential adverse impacts on climate change are taken into account for development, and sought to be addressed through sustainable development, including, for example, sustainable settlement patterns and sustainable urban design.

Division 4 General matters

12Meaning of words in Act prevail over planning instruments

If a word in a planning instrument has a meaning that is inconsistent with the meaning of the same word in this Act, the meaning of the word in this Act prevails to the extent of the inconsistency.

13References in Act to particular terms

In a provision of this Act about a development application, a reference to—
(a)the applicant is a reference to the person who made the application; and
(b)development, or the development, is a reference to development the subject of the application; and
(c)the assessment manager is a reference to the assessment manager for the application; and
(d)a referral agency, concurrence agency or advice agency is a reference to a referral agency, concurrence agency or advice agency for the application; and
(e)the local government is a reference to the local government for the local government area where the development is proposed; and
(f)an information request is a reference to an information request for assessing the application; and
(g)the acknowledgement notice is a reference to the acknowledgement notice for the application; and
(h)a referral agency’s response is a reference to a referral agency’s response for the application; and
(i)the development approval is a reference to the development approval for the application; and
(j)the land is a reference to the land the subject of the application; and
(k)the premises is a reference to the premises the subject of the application; and
(l)the planning scheme is a reference to the planning scheme for the locality where the development is proposed; and
(m)a submitter is a reference to a submitter for the application; and
(n)the decision notice or negotiated decision notice is a reference to the decision notice or negotiated decision notice for the application.

Part 4 Application of Act

14Act binds all persons

(1)This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.
(3)Subsection (1) does not apply to the functions and powers of the Coordinator-General under the State Development and Public Works Organisation Act 1971.

Chapter 2 State planning instruments

Part 1 Preliminary

15State planning instruments under Act

The following are State planning instruments under this Act—
(a)a State planning regulatory provision;
(b)a State planning policy;
(c)a regional plan;
(d)the standard planning scheme provisions.

s 15 amd 2013 No. 60s 25

Part 2 State planning regulatory provisions

Division 1 Preliminary

16What is a State planning regulatory provision

(1)A State planning regulatory provision is an instrument made under division 2 and part 6 for an area to advance the purpose of this Act by—
(a)providing regulatory support for regional planning; or
(b)providing for a charge for the supply of infrastructure; or
(c)protecting planning scheme areas from adverse impacts.
(2)A State planning regulatory provision includes a draft State planning regulatory provision that under section 73 has effect as a State planning regulatory provision.

Note—

See also section 858 (Transition of validated planning documents to master planning documents).

s 16 amd 2012 No. 34s 15

17Status of State planning regulatory provision

(1)A State planning regulatory provision is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.
(2)A State planning regulatory provision is not subordinate legislation.

18State interest

For this Act, a State planning regulatory provision is taken to be a State interest.

19Relationship with other instruments

(1)If there is an inconsistency between a State planning regulatory provision and another planning instrument, or any plan, policy or code under an Act, the State planning regulatory provision prevails to the extent of the inconsistency.
(2)A State planning regulatory provision may suspend or otherwise affect the operation of another planning instrument, but does not amend the planning instrument.

Division 2 General matters about State planning regulatory provisions

20Power to make State planning regulatory provision

(1)The Minister may make a State planning regulatory provision for the State or a part of the State (a relevant area) if the Minister is satisfied the provision is necessary—
(a)to implement a regional plan; or
(b)to prevent a compromise of the implementation of a proposed regional plan for a designated region or a proposed designated region; or
(c)to provide for the matters mentioned in section 629.
(2)The Minister also may make a State planning regulatory provision if the Minister is satisfied—
(a)there is a significant risk of serious environmental harm or serious adverse cultural, economic or social conditions happening in a planning scheme area; and
(b)giving a direction under section 126 would not be the most appropriate way to address the risk.
(3)The Minister and an eligible Minister may jointly make a State planning regulatory provision for the State or a part of the State (also a relevant area) if—
(a)the matter to which the State planning regulatory provision relates is a matter administered by the eligible Minister; and
(b)the Minister is satisfied—
(i)there is a significant risk of serious environmental harm or serious adverse cultural, economic or social conditions happening in a planning scheme area; and
(ii)giving a direction under section 126 would not be the most appropriate way to address the risk.

Note—

Section 858 (Transition of validated planning documents to master planning documents) also allows the making of State planning regulatory provisions.

s 20 amd 2011 No. 17s 9; 2012 No. 34s 16; 2014 No. 36s 56sch 1

21Content of State planning regulatory provision

A State planning regulatory provision may—
(a)declare development to be—
(i)self-assessable development; or
(ii)development requiring compliance assessment; or
(iii)assessable development; or
(iv)prohibited development; and
(b)require impact or code assessment, or both impact and code assessment, for assessable development, including assessable development mentioned in paragraph (a); and
(c)include a code for IDAS, or other criteria for the assessment of development applications; and
(d)otherwise regulate development by, for example, stating aspects of development that may not take place in stated localities until—
(i)a stated planning instrument has been made; or
(ii)a stated development application has been approved; and
(e)state transitional arrangements for development applications affected by the provision; and
(f)provide for a matter mentioned in section 20.

Note—

For other matters that may be included in a State planning regulatory provision, see chapter 6, part 10 (Compliance stage).

s 21 amd 2012 No. 34s 17

Part 3 State planning policies

pt hdg (prev pt 4 hdg) renum and reloc 2013 No. 60s 28(1)

Division 1 Preliminary

div hdg (prev ch 2 pt 4 div 1 hdg) reloc 2013 No. 60s 28(1)

22What is a State planning policy

A State planning policy is an instrument that—
(a)is made under division 2 and part 6, or division 3; and
(b)advances the purpose of this Act by stating the State’s policy about a matter of State interest.

s 22 (prev s 40) renum 2013 No. 60s 28(2)

23Status of State planning policy

A State planning policy is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

s 23 (prev s 41) renum 2013 No. 60s 28(2)

24Area to which State planning policy applies

A State planning policy has effect throughout the State unless the policy states otherwise.

s 24 (prev s 42) renum 2013 No. 60s 28(2)

25Relationship with regional plans and local planning instruments

If there is an inconsistency between a State planning policy and a regional plan or local planning instrument, the State planning policy prevails to the extent of the inconsistency.

s 25 (prev s 43) sub 2013 No. 60s 27

renum 2013 No. 60s 28(2)

Division 2 General matters about State planning policies

div hdg (prev ch 2 pt 4 div 2 hdg) reloc 2013 No. 60s 28(1)

26Power to make State planning policy—generally

(1)The Minister may, under part 6, make a State planning policy.
(2)Also, the Minister and an eligible Minister may, under part 6, jointly make a State planning policy if the State interest addressed by the policy is a matter administered by the eligible Minister.

s 26 (prev s 44) renum 2013 No. 60s 28(2)

27Duration of State planning policy made under pt 6

(1)A State planning policy mentioned in section 26 ceases to have effect on—
(a)the day the policy is repealed under part 6; or
(b)the day that is 10 years after the day the policy had effect.
(2)Despite subsection (1)(b), if a day for the ending of the State planning policy is prescribed under a regulation made before the period mentioned in the subsection ends, the policy ends on the prescribed day.
(3)The prescribed day must not be more than 12 years after the day the State planning policy had effect.

s 27 (prev s 45) renum 2013 No. 60s 28(2)

amd 2013 No. 60s 33sch 1

Division 3 Temporary State planning policies

div hdg (prev ch 2 pt 4 div 3 hdg) reloc 2013 No. 60s 28(1)

28Power to make temporary State planning policy

(1)The Minister may, under section 29, make a State planning policy (a temporary State planning policy) if the Minister considers the policy is urgently required to protect or give effect to a State interest.
(2)Also, the Minister and an eligible Minister may, under section 29, jointly make a State planning policy (also a temporary State planning policy) if—
(a)the State interest addressed by the policy is a matter administered by the eligible Minister; and
(b)the Minister considers the policy is urgently required to protect or give effect to the State interest.
(3)Part 6, divisions 1 to 3, do not apply to the making of a temporary State planning policy.

s 28 (prev s 46) renum 2013 No. 60s 28(2)

amd 2013 No. 60s 33sch 1

29Making temporary State planning policy

(1)The Minister, or the Minister and an eligible Minister jointly, may make a temporary State planning policy by publishing a notice about the policy—
(a)in the gazette; and
(b)if the policy is to have effect throughout the State—in a newspaper circulating generally in the State; and
(c)if the policy is to have effect only in a part of the State—in a newspaper circulating generally in the part.
(2)If the Minister and an eligible Minister propose to jointly make a temporary State planning policy, the policy is validly made if—
(a)the eligible Minister publishes a notice about the policy under subsection (1); and
(b)the policy is endorsed by the Minister and the eligible Minister before the eligible Minister publishes the notice.
(3)The notice mentioned in subsection (1) must state the following—
(a)the name of the State planning policy;
(b)if the policy applies only to a particular part of the State—the name of the part or other information necessary to adequately describe the part;
(c)the period for which the policy has effect;
(d)where a copy of the policy may be inspected and purchased.

s 29 (prev s 47) renum 2013 No. 60s 28(2)

30Effect of temporary State planning policy

A temporary State planning policy may suspend or otherwise affect the operation of a State planning policy, but does not amend the State planning policy.

s 30 (prev s 48) renum 2013 No. 60s 28(2)

31Duration of temporary State planning policy

A temporary State planning policy has effect for—
(a)1 year after the day it is made; or
(b)if the policy states a lesser period of effect—the lesser period.

s 31 (prev s 49) renum 2013 No. 60s 28(2)

Part 4 Regional plans

pt hdg (prev pt 3 hdg) renum and reloc 2013 No. 60s 28(1)

Division 1 Preliminary

div hdg (prev ch 2 pt 3 div 1 hdg) reloc 2013 No. 60s 28(1)

32What is a designated region

(1)A designated region is—
(a)the local government areas, or the parts of local government areas, prescribed as a designated region under a regulation; and
(b)Queensland waters adjacent to the local government areas or parts.
(2)A regulation under subsection (1)(a) must give a name to each designated region it prescribes.

s 32 (prev s 22) renum 2013 No. 60s 28(3)

Division 2 Regional plans for designated regions

div hdg (prev ch 2 pt 3 div 2 hdg) reloc 2013 No. 60s 28(1)

Subdivision 1 Preliminary

sdiv hdg (prev ch 2 pt 3 div 2 sdiv 1 hdg) reloc 2013 No. 60s 28(1)

33What is a regional plan

A regional plan, for a designated region, is an instrument that—
(a)is made under subdivision 2 and part 6 by the regional planning Minister for the region; and
(b)advances the purpose of this Act by providing an integrated planning policy for the region.

s 33 (prev s 23) renum 2013 No. 60s 28(3)

34Status of regional plan

A regional plan is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

s 34 (prev s 24) renum 2013 No. 60s 28(3)

35State interest

For this Act, a designated region’s regional plan is taken to be a State interest.

s 35 (prev s 25) renum 2013 No. 60s 28(3)

36Relationship with other instruments

(1)This section does not apply to a State planning regulatory provision.
(2)If there is an inconsistency between a regional plan and a local planning instrument, the regional plan prevails to the extent of the inconsistency.

s 36 (prev s 26) amd 2013 No. 60s 26

renum 2013 No. 60s 28(3)

Subdivision 2 Requirement to make, and key elements of, regional plans

sdiv hdg (prev ch 2 pt 3 div 2 sdiv 2 hdg) reloc 2013 No. 60s 28(1)

37Requirement to make regional plan

The regional planning Minister for a designated region must make a regional plan for the region.

s 37 (prev s 27) renum 2013 No. 60s 28(3)

38Key elements of regional plan

The regional planning Minister for a designated region must be satisfied its regional plan—
(a)identifies—
(i)the desired regional outcomes for the region; and
(ii)the policies and actions for achieving the desired regional outcomes; and
(b)identifies the desired future spatial structure of the region including—
(i)a future regional land use pattern; and
(ii)provision for regional infrastructure to service the future regional land use pattern, to inform—
(A)local governments when preparing LGIPs; and
(B)the State, local governments and other entities about infrastructure plans and investments; and
(iii)key regional environmental, economic and cultural resources to be preserved, maintained or developed; and
(iv)the way the resources are to be preserved, maintained or developed; and
(v)for paragraph (b)(iii), regional landscape areas; and
(c)includes any other relevant regional planning matter for this Act.

s 38 (prev s 28) renum 2013 No. 60s 28(3)

amd 2014 No. 36s 56sch 1

Subdivision 3 Requirement to amend planning schemes to reflect regional plans

sdiv hdg (prev ch 2 pt 3 div 2 sdiv 3 hdg) reloc 2013 No. 60s 28(1)

39Amending planning schemes to reflect regional plan

(1)This section applies to a local government if its local government area or part of its area is prescribed under section 32(1) as a designated region, unless the regional planning Minister for the region gives the local government a written direction to the contrary.
(2)The local government must amend its planning scheme, under the process stated in the guideline mentioned in section 117(1), to reflect the designated region’s regional plan as made, amended or replaced.
(3)The regional planning Minister for the designated region may amend the planning scheme if—
(a)the regional planning Minister is satisfied a local government must amend its planning scheme under subsection (2); and
(b)the local government has not, within 90 business days after the day notice of the making of the designated region’s regional plan was gazetted—
(i)made the amendment; or
(ii)complied with the guideline mentioned in section 117(1) to the extent it requires the local government to give the Minister a copy of the proposed amendment.
(4)Anything done by the regional planning Minister under subsection (3) is taken to have been done by the local government and has the same effect as it would have had if the local government had done it.
(5)An expense reasonably incurred by the regional planning Minister in taking an action under subsection (3) may be recovered from the local government as a debt owing to the State.
(6)The regional planning Minister may, in writing, extend the period mentioned in subsection (3)(b).
(7)Nothing in this section affects or is affected by chapter 3, part 6.

s 39 (prev s 29) renum 2013 No. 60s 28(3)

amd 2013 No. 60s 33sch 1

Division 3 Regional planning committees

div hdg (prev ch 2 pt 3 div 3 hdg) reloc 2013 No. 60s 28(1)

40What are regions

In this Act—
(a)there are no fixed geographical areas of the State constituting regions, other than designated regions; and
(b)a region may include the combined area of all or parts of 2 or more local government areas and an area not included in a local government area.

s 40 (prev s 30) renum 2013 No. 60s 28(3)

41Establishment of regional planning committee

(1)The Minister may establish as many regional planning committees as the Minister considers appropriate.
(2)The regional planning Minister for a designated region must establish a regional planning committee for the region.
(3)However, subsection (4) applies if—
(a)there is a regional planning committee for a region that is not a designated region; and
(b)the area covered by the region is the same or substantially the same as a designated region.
(4)The regional planning committee for the region is taken to be the regional planning committee established for the designated region.
(5)Before establishing a regional planning committee for a region that is not a designated region, the Minister must—
(a)prepare draft terms of reference for the proposed committee; and
(b)identify the proposed region and local governments likely to be affected by the advice of the proposed committee; and
(c)consult with the local governments and interest groups the Minister considers appropriate about—
(i)the draft terms of reference, including the term of the proposed committee; and
(ii)the membership of the proposed committee; and
(iii)the extent of their, the Commonwealth’s and the State’s, proposed participation in, and support for, the proposed committee.
(6)In establishing a regional planning committee for a region that is not a designated region, the Minister must state—
(a)the committee’s name; and
(b)the membership of the committee; and
(c)the area covered by the region for which the committee is established; and
(d)the committee’s terms of reference.

s 41 (prev s 31) renum 2013 No. 60s 28(3)

42Functions of regional planning committee

(1)The functions of a regional planning committee for a region that is not a designated region are the functions stated in the committee’s terms of reference.
(2)The function of a designated region’s regional planning committee is to advise the regional planning Minister for the region about the development and implementation of the region’s regional plan.

s 42 (prev s 32) renum 2013 No. 60s 28(3)

43Membership of regional planning committee

(1)A designated region’s regional planning committee has the membership decided by the regional planning Minister for the region and notified in the gazette.
(2)A member of a designated region’s regional planning committee must be—
(a)a Minister; or
(b)a mayor or councillor of a local government of the region; or
(c)a person who has the appropriate qualifications, experience or standing to be a member of the committee.
(3)However, this section does not apply if section 41(4) applies to the designated region.
(4)The membership of a regional planning committee for a region that is not a designated region—
(a)may be identified in general or specific terms; and
(b)without limiting the scope of possible membership, must include representatives of appropriate local governments.
(5)However, a local government may elect not to be represented on a regional planning committee for a region that is not a designated region.

s 43 (prev s 33) renum 2013 No. 60s 28(3)

amd 2013 No. 60s 33sch 1

44Changing particular committee

After consulting the regional planning committee for a region that is not a designated region and any other entities the Minister considers appropriate, the Minister may change any aspect of the committee, including, for example, its name, membership, region and terms of reference.

s 44 (prev s 34) renum 2013 No. 60s 28(3)

45Dissolution of regional planning committee

(1)The Minister may dissolve the regional planning committee for a region that is not a designated region at any time.
(2)The regional planning Minister for a designated region may dissolve its regional planning committee at any time.

s 45 (prev s 35) renum 2013 No. 60s 28(3)

46Quorum

A quorum for a meeting of a regional planning committee is 1 more than half the number of members of the committee.

s 46 (prev s 36) renum 2013 No. 60s 28(3)

47Presiding at meetings

(1)The regional planning Minister for a designated region presides at all meetings of its regional planning committee.
(2)If the regional planning Minister for the designated region is absent, the member nominated by the regional planning Minister must preside.

s 47 (prev s 37) renum 2013 No. 60s 28(3)

48Conduct of meetings

(1)Meetings of a designated region’s regional planning committee must be conducted at the time and place the regional planning Minister for the region decides.
(2)A regional planning committee must conduct its business and proceedings at meetings in the way it decides.

s 48 (prev s 38) renum 2013 No. 60s 28(3)

49Reports of particular committee

A regional planning committee for a region that is not a designated region must report its findings under its terms of reference to the Minister and the local governments of its region.

s 49 (prev s 39) renum 2013 No. 60s 28(3)

Part 5 Standard planning scheme provisions

Division 1 Preliminary

50What are standard planning scheme provisions

The standard planning scheme provisions are the provisions that—
(a)are made under division 2 and part 6 by the Minister; and
(b)advance the purpose of this Act by providing for—
(i)a consistent structure for planning schemes; and
(ii)standard provisions for implementing integrated planning at the local level.

51Status of standard planning scheme provisions

The instrument consisting of the standard planning scheme provisions is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

52Effect of standard planning scheme provisions

The standard planning scheme provisions do not regulate or affect development unless, under section 53, the provisions have effect in a planning scheme area.

53Relationship with local planning instruments

If a local planning instrument for a planning scheme area is inconsistent with the standard planning scheme provisions, the standard planning scheme provisions—
(a)prevail to the extent of the inconsistency; and
(b)have effect in place of the local planning instrument, but only to the extent of the inconsistency and to the extent the instrument applies in the planning scheme area.

Division 2 General matters about standard planning scheme provisions

54Power to make standard planning scheme provisions

The Minister may make standard planning scheme provisions for the whole of the State.

55Local governments to amend planning schemes to reflect standard planning scheme provisions

(1)A local government must ensure each of its local planning instruments is consistent with the standard planning scheme provisions.
(2)If the standard planning scheme provisions are amended, the local government must amend its planning scheme under the process stated in the guideline mentioned in section 117(1) to reflect the standard planning scheme provisions as amended.
(3)The Minister may amend the planning scheme if—
(a)the Minister is satisfied a local government must amend its planning scheme under subsection (2); and
(b)the local government has not, within 90 business days after the day notice of the making of the amended standard planning scheme provisions was gazetted—
(i)made the amendment; or
(ii)complied with the guideline mentioned in section 117(1) to the extent it requires the local government to give the Minister a copy of the proposed amendment.
(4)Anything done by the Minister under subsection (3) is taken to have been done by the local government and has the same effect as it would have had if the local government had done it.
(5)An expense reasonably incurred by the Minister in taking an action under subsection (3) may be recovered from the local government as a debt owing to the State.
(6)The Minister may, in writing, extend the period mentioned in subsection (3)(b).
(7)Subsection (2) does not apply to a local government if, under section 129, the Minister amends the local government’s planning scheme to reflect the standard planning scheme provisions as amended.
(8)Subject to subsection (7), nothing in this section affects or is affected by chapter 3, part 6.

55ALimited application of s 777 for IPA standard provisions

(1)This section applies in relation to a local planning instrument to which section 777 applies (an IPA local planning instrument) if any provision of the standard planning scheme provisions states that it applies to the IPA local planning instrument.
(2)The provisions of the standard planning scheme provisions stated to apply to the IPA local planning instrument are the IPA standard provisions for the instrument.
(3)Subsections (4) to (7) apply despite section 777(2), (3) and (7).
(4)Section 53 applies to the IPA local planning instrument as if a reference in the section to the standard planning scheme provisions were a reference to the IPA standard provisions for the instrument.
(5)Section 55(1) applies to a local government in relation to its IPA local planning instrument as if a reference in the provision to the standard scheme provisions were a reference to the IPA standard provisions for the instrument.
(6)If—
(a)the standard planning scheme provisions are amended to state that the IPA standard provisions for the IPA local planning instrument apply; or
(b)the IPA standard provisions for the instrument are amended;

the local government must amend its planning scheme under the process stated in the guideline mentioned in section 117(1) to reflect the IPA standard provisions, or the IPA standard provisions as amended, for the instrument.

(7)Section 55(3) and (7) applies to a local government in relation to its IPA local planning instrument as if a reference in the provision to the standard planning scheme provisions as amended were a reference to the IPA standard provisions, or the IPA standard provisions as amended, for the instrument.

s 55A ins 2012 No. 34s 18

Part 6 Making, amending and repealing State planning instruments

Division 1 Preliminary

56Process for making, amending or repealing State planning instrument

(1)The process stated in this part must be followed for making, amending or repealing a State planning instrument.
(2)A regulation may state an additional requirement to be followed for making, amending or repealing a State planning instrument.
(3)If a regulation under subsection (2) states an additional requirement, the requirement must be complied with.

57Compliance with divs 2 and 3

Despite divisions 2 and 3, if a State planning instrument is made or amended in substantial compliance with the process stated in the divisions, the State planning instrument or amendment is valid so long as any noncompliance has not—
(a)adversely affected the awareness of the public of the existence and nature of the proposed State planning instrument or amendment; or
(b)restricted the opportunity of the public to make properly made submissions about the proposed instrument or amendment under the process stated in the divisions.

Division 2 Process for making State planning instruments

58Preparation of draft instrument

(1)Before making a State planning instrument, the Minister must prepare a draft of the proposed instrument.
(2)In preparing a draft regional plan, the regional planning Minister must consult with the region’s regional planning committee about preparing the draft.
(3)In subsection (1)—
Minister means—
(a)if the State planning instrument is to be jointly made by the Minister and an eligible Minister—the eligible Minister; or
(b)otherwise—the Minister proposing to make the State planning instrument.

59Endorsing particular draft instrument

(1)Subsection (2) applies if a draft State planning regulatory provision or State planning policy is prepared by an eligible Minister.
(2)The Minister and the eligible Minister must endorse the instrument before the eligible Minister acts under section 60.

60Notice about draft instrument

(1)The Minister who prepared the draft State planning instrument must publish a notice—
(a)in the gazette; and
(b)if the draft instrument is to have effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and
(c)if the draft instrument is to have effect only in a part of the State—in a newspaper circulating generally in the part.
(2)The notice must state the following—
(a)that the draft State planning instrument is available for inspection and purchase;
(b)where copies of the draft instrument may be inspected and purchased;
(c)a contact telephone number for information about the draft instrument;
(d)that written submissions about any aspect of the draft instrument may be given by any person to the Minister who prepared the draft;
(e)the period (the consultation period) during which the submissions may be made;
(f)the requirements for a properly made submission.
(3)The consultation period must be for at least—
(a)for a draft regional plan—60 business days after the day the notice is gazetted; or
(b)for a draft State planning regulatory provision—30 business days after the day the notice is gazetted; or
(c)otherwise—40 business days after the day the notice is gazetted.
(4)The Minister who prepared the draft State planning instrument must give a copy of the notice and the draft instrument to each of the following—
(a)for a draft State planning instrument other than draft standard planning scheme provisions—each local government whose local government area includes a part of the State in which the draft instrument is to have effect;
(b)for draft standard planning scheme provisions—each local government;
(c)any other person or entity prescribed under a regulation.

61Keeping draft instrument available for inspection and purchase

For all of the consultation period, the Minister who prepared the draft State planning instrument must keep a copy of the draft instrument available for inspection and purchase by members of the public.

62Dealing with draft State planning regulatory provision

(1)The Minister who prepared a draft State planning regulatory provision may, during the consultation period, amend, replace or remove the draft State planning regulatory provision, other than to change the relevant area.
(2)If an eligible Minister prepared the draft State planning regulatory provision, an amended or replacement instrument must be endorsed by the eligible Minister and the Minister.

63Making State planning instruments

(1)The Minister who prepared the draft State planning instrument must—
(a)consider each properly made submission about the draft instrument; and
(b)for a draft regional plan for a designated region—consult with the designated region’s regional planning committee about making the regional plan.
(2)After acting under subsection (1), the Minister may—
(a)make the State planning instrument as provided for in the draft State planning instrument as published; or
(b)make the State planning instrument and include any amendments of the draft State planning instrument the Minister considers appropriate; or
(c)for a State planning instrument other than a regional plan—decide not to make the State planning instrument as mentioned in paragraph (a) or (b).
(3)If an eligible Minister prepared the draft State planning instrument, the eligible Minister and the Minister must jointly—
(a)make the State planning instrument as mentioned in subsection (2)(a) or (b); or
(b)decide not to make the State planning instrument.
(4)A State planning instrument is taken to be jointly made when the instrument is endorsed by both Ministers.

64Notice about making State planning instrument

(1)After the State planning instrument is made, the Minister who prepared the draft instrument must publish a notice about its making—
(a)in the gazette; and
(b)if the instrument has effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and
(c)if the instrument has effect only in a part of the State—in a newspaper circulating generally in the part.
(2)The notice must state—
(a)the day the State planning instrument was made; and
(b)where a copy of the instrument may be inspected and purchased.
(3)The Minister mentioned in subsection (1) must give a copy of the State planning instrument to—
(a)for a State planning instrument other than the standard planning scheme provisions—each local government whose local government area includes a part of the State in which the instrument has effect; or
(b)for the standard planning scheme provisions—each local government.

65Notice about decision not to make State planning instrument

If a decision is made not to make a State planning instrument, the Minister who prepared the draft instrument must publish notice of the decision in the gazette.

66Particular State planning regulatory provisions to be ratified by Parliament

(1)This section applies to a State planning regulatory provision made to—
(a)implement a regional plan; or
(b)prevent a compromise of the implementation of a proposed regional plan for a designated region or a proposed designated region.
(2)Within 14 sitting days after the State planning regulatory provision is made, a copy of the provision must be tabled in the Legislative Assembly by the Minister who made the State planning regulatory provision.
(3)If the provision is not ratified by Parliament within 14 sitting days after the day the copy is tabled, the provision ceases to have effect.

67State planning regulatory provisions that are subject to disallowance

(1)This section applies to a State planning regulatory provision made because the Minister was satisfied there is a significant risk of serious environmental harm or serious adverse cultural, economic or social conditions happening in a planning scheme area.
(2)The Statutory Instruments Act 1992, sections 49, 50 and 51, apply to the provision as if it were subordinate legislation.

Division 3 Amending State planning instruments

Subdivision 1 Administrative and minor amendments, and particular amendments to reflect documents

68Administrative and minor amendment or amendment to reflect other documents

(1)The Minister who made a State planning instrument may make an administrative amendment or minor amendment of the instrument.
(2)If the State planning instrument was jointly made by 2 Ministers—
(a)for an administrative amendment—either Minister may make the amendment; and
(b)for a minor amendment—
(i)the amendment must be jointly made by both Ministers; and
(ii)the amendment is taken to be jointly made when the amendment is endorsed by both Ministers.
(3)The regional planning Minister for a designated region also may amend the region’s regional plan to include a document to be made under the plan that—
(a)has been prepared by a public sector entity; and
(b)the regional planning Minister is satisfied—
(i)demonstrates how the regional plan will be implemented; and
(ii)has been subject to adequate public consultation.
(4)Division 2 does not apply to the making of an amendment under this section.

69Notice of amendment under s 68

(1)After the State planning instrument is amended, the Minister who made the amendment, or the eligible Minister if the amendment was jointly made, must publish a notice about the amendment—
(a)in the gazette; and
(b)if the instrument has effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and
(c)if the instrument has effect only in a part of the State—in a newspaper circulating generally in the part.
(2)The notice must state—
(a)the day the amendment was made; and
(b)where a copy of the State planning instrument, as amended, may be inspected and purchased.

Subdivision 2 Other amendments

70Other amendments

(1)The Minister who made a State planning instrument may make an amendment of the instrument, other than an amendment under section 68, only if the process under division 2 for the making of the State planning instrument has been followed.
(2)To remove any doubt, it is declared that if the State planning instrument was jointly made by 2 Ministers, the amendment must be jointly made by both Ministers.
(3)For subsection (1), division 2 applies—
(a)as if a reference in the division to preparing a draft State planning instrument were a reference to preparing a draft amendment; and
(b)as if a reference in the division to a draft State planning instrument were a reference to the draft amendment; and
(c)as if a reference in the division to making a State planning instrument were a reference to the making of the amendment; and
(d)as if a reference in the division to a State planning instrument were a reference to the amendment; and
(e)as if the reference in section 60(3)(a) to 60 business days were a reference to 30 business days; and
(f)as if the reference in section 60(3)(c) to 40 business days were a reference to 20 business days; and
(g)with other necessary changes.

71Decision not to proceed with amendment of regional plan

When acting under division 2, the Minister also may decide not to proceed with the amendment of a regional plan.

Division 4 When State planning instrument or amendment has effect

72When State planning instrument or amendment has effect

(1)A State planning instrument, or an amendment of a State planning instrument, has effect on—
(a)the day the notice about the making of the instrument or amendment is gazetted; or
(b)if a later day for the commencement of the instrument or amendment is stated in the instrument or amendment—the later day.
(2)Subsection (1) is subject to sections 66 and 67.

73Effect of draft State planning regulatory provision and draft amendments

(1)This section applies to—
(a)a draft State planning regulatory provision under this part (the draft provision); or
(b)a State planning regulatory provision as amended by a draft amendment of the provision under this part (also the draft provision).
(2)The Minister may state in the gazette notice for the draft instrument, or amendment, that the draft provision has effect as if it were a State planning regulatory provision on the day the notice of the draft instrument, or amendment, is gazetted if the Minister is satisfied any delay in the commencement would increase the risk of—
(a)serious harm to the environment or serious adverse cultural, economic or social conditions happening in a planning scheme area; or
(b)compromising the implementation of a regional plan or proposed regional plan.
(3)If the Minister states a draft provision has effect as mentioned in subsection (2), the draft provision has effect as if it were a State planning regulatory provision from the day the notice of the draft instrument, or amendment, is gazetted until the first of the following happens—
(a)a decision to make a State planning regulatory provision is made under section 63(2)(a) or (b) relating to the draft provision and the State planning regulatory provision takes effect under section 72;
(b)a decision not to make a State planning regulatory provision is made under section 63(2)(c) relating to the draft provision and is gazetted;
(c)the day that is 12 months after the day the notice of the draft instrument, or amendment, is gazetted ends.

s 73 amd 2012 No. 34s 19

Division 5 Repealing and replacing State planning instruments

74Notice of repeal

(1)The Minister may decide to repeal a State planning instrument, other than a regional plan.
(2)However, if the State planning instrument was jointly made by 2 Ministers, the decision to repeal the instrument must be jointly made by both Ministers.
(3)A State planning instrument may only be repealed by publishing a notice—
(a)in the gazette; and
(b)if the instrument has effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and
(c)if the instrument has effect only in a part of the State—in a newspaper circulating generally in the part.
(4)The notice must—
(a)identify the State planning instrument being repealed; and
(b)if the State planning instrument has effect only in a part of the State—identify the part of the State in which it has effect; and
(c)state that the State planning instrument is repealed.
(5)The Minister must give a copy of the notice to—
(a)for a State planning instrument other than the standard planning scheme provisions—each local government whose local government area includes a part of the State in which the instrument had effect; and
(b)for the standard planning scheme provisions—each local government.
(6)If the State planning instrument was jointly made by the Minister and an eligible Minister, the Minister must act under subsections (3) and (5) in relation to the repeal of the instrument.

s 74 amd 2013 No. 60s 29

75When repeal has effect

The repeal of a State planning instrument has effect on the day the notice of the repeal is gazetted.

76Replacement of regional plans

If a regional plan (the replacement plan) states that it replaces an existing regional plan, it replaces the existing regional plan on and from the day the replacement plan takes effect.

Chapter 3 Local planning instruments

Part 1 Preliminary

77Local planning instruments under Act

The following are local planning instruments under this Act—
(a)a planning scheme;
(b)a temporary local planning instrument;
(c)a planning scheme policy.

78Infrastructure intentions in local planning instruments not binding

(1)If a local planning instrument indicates the intention of a local government or a supplier of State infrastructure to supply infrastructure, it does not create an obligation on the local government or the supplier to supply the infrastructure.
(2)If a local government or a supplier of State infrastructure states a desired standard of service in an LGIP, an entity does not have a right to expect or demand the standard.

s 78 amd 2014 No. 36s 56sch 1

78ARelationship between local planning instruments and Building Act

(1)A local planning instrument must not include provisions about building work, to the extent the building work is regulated under the building assessment provisions, unless permitted under the Building Act.

Note—

The Building Act, sections 31, 32 and 33 provide for matters about the relationship between local planning instruments and that Act for particular building work.
(2)To the extent a local planning instrument does not comply with subsection (1), the local planning instrument has no effect.
(3)In this section—
building assessment provisions does not include IDAS or a provision of a local planning instrument.

s 78A ins 2012 No. 3s 62

Part 2 Planning schemes

Division 1 Preliminary

79What is a planning scheme

A planning scheme is an instrument that—
(a)is made by a local government under division 2 and part 5; and
(b)advances the purpose of this Act by providing an integrated planning policy for the local government’s planning scheme area.

80Status of planning scheme

A planning scheme is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

81Effects of planning scheme

A planning scheme for a planning scheme area—
(a)becomes the planning scheme for the area; and
(b)replaces any existing planning scheme applying to the area.

82Area to which planning scheme applies

(1)A local government’s planning scheme applies to all of the local government’s area (the planning scheme area).
(2)The local government also may apply its planning scheme for assessing prescribed tidal work in its tidal area to the extent stated in a code for prescribed tidal work.

83Relationship with planning scheme policies

If there is an inconsistency between a planning scheme and a planning scheme policy for a planning scheme area, the planning scheme prevails to the extent of the inconsistency.

Note—

For the relationship between planning schemes and State planning instruments, see sections 19 (Relationship with other instruments), 25 (Relationship with local planning instruments), 36 (Relationship with other instruments) and 53 (Relationship with local planning instruments).

s 83 amd 2013 No. 60s 33sch 1

Division 2 General provisions about planning schemes

84Power to make planning scheme

A local government may make a planning scheme for its planning scheme area.

85Documents planning scheme may adopt

(1)The only documents made by a local government that the local government’s planning scheme may, under the Statutory Instruments Act 1992, section 23, apply, adopt or incorporate are—
(a)a planning scheme policy; or
(b)an LGIP.
(2)In this section—
documents does not include the following—
(a)a development approval;
(b)an approval for an application mentioned in repealed IPA, section 6.1.26.

s 85 amd 2012 No. 34s 20; 2014 No. 36s 56sch 1

86Planning schemes for particular local governments

(1)This section applies to the planning scheme for the following local governments—
(a)Ipswich City Council;
(b)Moreton Bay Regional Council;
(c)Sunshine Coast Regional Council.
(2)The Statutory Instruments Act 1992, section 23 (section 23), applies for the following development control plans (each a DCP) under the repealed LGP&E Act—
(a)the DCP known as the Development Control Plan 1 Kawana Waters;

Editor’s note—

At the commencement of this section, a copy of the DCP was available on the Sunshine Coast Regional Council’s website at <www.sunshinecoast.qld.gov.au>.
(b)the DCP known as the Mango Hill Infrastructure Development Control Plan;

Editor’s note—

At the commencement of this section, a copy of the DCP was available on the Moreton Bay Regional Council’s website at <www.moretonbay.qld.gov.au>.
(c)the DCP known as the Springfield Structure Plan.

Editor’s note—

At the commencement of this section, a copy of the DCP was available on the Ipswich City Council’s website at <www.ipswich.qld.gov.au>.
(3)However, a DCP can not be incorporated into the text of the planning scheme itself.
(4)A planning scheme may under section 23 apply or adopt a DCP by including a statement that the DCP applies to the part of the planning scheme area to which the DCP applies (an adopted DCP).
(5)Section 857 and any definition relevant to it apply for an adopted DCP—
(a)as if—
(i)the planning scheme were an existing planning scheme to which that section applies; and
(ii)the adopted DCP were a development control plan to which that section applies; and
(iii)as if a reference in the section to a development control plan being included in an existing planning scheme under repealed IPA, section 6.1.45A were a reference to the adopted DCP; and
(b)with necessary changes.

s 86 prev s 86 om 2012 No. 3s 63

pres s 86 ins 2013 No. 60s 30

87Covenants not to conflict with planning scheme

Subject to section 349, a covenant under the Land Act 1994, section 373A(4) or the Land Title Act 1994, section 97A(3)(a) or (b) is of no effect to the extent it conflicts with a planning scheme—
(a)for the land subject to the covenant; and
(b)in effect when the document creating the covenant is registered.

Division 3 Key concepts for planning schemes

88Key elements of planning scheme

(1)A local government and the Minister must be satisfied the local government’s planning scheme—
(a)appropriately reflects the standard planning scheme provisions; and
(b)identifies the strategic outcomes for the planning scheme area; and
(c)includes measures that facilitate achieving the strategic outcomes; and
(d)coordinates and integrates the matters, including the core matters, dealt with by the planning scheme, including any State and regional dimensions of the matters.

Note—

State and regional dimensions of matters are explained in section 90.
(2)Measures facilitating achievement of the strategic outcomes include the identification of relevant—
(a)self-assessable development; and
(b)development requiring compliance assessment; and
(c)assessable development requiring code or impact assessment, or both code and impact assessment; and
(d)prohibited development, but only if the standard planning scheme provisions state the development may be prohibited development.

s 88 amd 2012 No. 34s 21; 2014 No. 36s 56sch 1; 2014 No. 61s 81B

89Core matters for planning scheme

(1)Each of the following are core matters for the preparation of a planning scheme—
(a)land use and development;
(b)infrastructure;
(c)valuable features.
(2)In this section—
infrastructure includes the extent and location of proposed infrastructure, having regard to existing infrastructure networks, and their capacities and thresholds for augmentation.
land use and development includes each of the following—
(a)the location of, and the relationships between, various land uses;
(b)the effects of land use and development;
(c)how mobility between places is facilitated;
(d)accessibility to areas;
(e)development constraints, including, but not limited to, population and demographic impacts.
valuable features includes each of the following, whether terrestrial or aquatic—
(a)resources or areas that are of ecological significance, including, for example, habitats, wildlife corridors, buffer zones, places supporting biological diversity or resilience, and features contributing to the quality of air, water (including catchments or recharge areas) and soil;
(b)areas contributing significantly to amenity, including, for example, areas of high scenic value, physical features that form significant visual backdrops or that frame or define places or localities, and attractive built environments;
(c)areas or places of cultural heritage significance, including, for example, areas or places of indigenous cultural significance, or aesthetic, architectural, historical, scientific, social or technological significance, to the present generation or past or future generations;
(d)resources or areas of economic value, including, for example, extractive deposits, fishery resources, forestry resources, water resources, sources of renewable and non-renewable energy and good quality agricultural land.

90State, regional and local dimensions of planning scheme matters

(1)A matter, including a core matter, in a planning scheme may have local, regional or State dimensions.
(2)A local dimension of a planning scheme matter is a dimension that is within the jurisdiction of local government but is not a regional or State dimension.
(3)A regional dimension of a planning scheme matter is a dimension—
(a)about which a regional planning committee report makes a recommendation; or
(b)reflected in a regional plan; or
(c)that can best be dealt with by the cooperation of 2 or more local governments.
(4)A State dimension of a planning scheme matter, including a matter reflected in a State planning policy, is a dimension of a State interest.

Division 4 Provisions about reviewing planning schemes generally

div hdg sub 2014 No. 36s 4

Subdivision 1 Reviewing planning schemes

sdiv hdg ins 2014 No. 36s 4

91Local government must review planning scheme every 10 years

(1)Each local government must complete a review of its planning scheme—
(a)within 10 years after the planning scheme was originally made; or
(b)if a review of the planning scheme has been previously completed—within 10 years after the completion of the last review.
(2)The review must include an assessment of the achievement of the strategic outcomes stated in the planning scheme.

92Action local government may take after review

After reviewing its planning scheme, the local government must, by resolution—
(a)propose to prepare a new scheme; or
(b)propose to amend the scheme; or
(c)if the local government is satisfied the scheme is suitable to continue without amendment—decide to take no further action.

93Report about review if decision is to take no action

If a local government decides to take no further action under section 92(c), the local government must—
(a)prepare a report stating the reasons why the local government decided to take no further action; and
(b)give a copy of the report to the chief executive.

94Notice about report to be published

(1)After preparing the report mentioned in section 93, the local government must publish, in a newspaper circulating generally in the local government’s area, a notice stating the following—
(a)the name of the local government;
(b)that the local government has prepared a report stating the reasons why the local government decided to take no further action under section 92(c);
(c)that the report is available for inspection and purchase;
(d)a contact telephone number for information about the report;
(e)the period (the inspection period), of at least 40 business days, during which the report is available for inspection and purchase.
(2)For all of the inspection period the local government must display a copy of the notice in a conspicuous place in the local government’s public office.

Subdivision 2 LGIP review

sdiv 2 (s 94A) ins 2014 No. 36s 5

94ARequirement to review LGIP

(1)Each local government must complete a review of any LGIP included in its planning scheme (an LGIP review) within—
(a)5 years after the LGIP was included in the planning scheme; and
(b)each subsequent 5-year period after completing the review under paragraph (a).
(2)In conducting an LGIP review, the local government must follow the process stated in a guideline—
(a)made by the Minister; and
(b)prescribed by regulation.
(3)An LGIP review is not a review for the purposes of a review under subdivision 1.

sdiv 2 (s 94A) ins 2014 No. 36s 5

Division 5 Application of superseded planning schemes

95Request for application of superseded planning scheme

(1)A person may, by written notice given to a local government, ask the local government—
(a)to apply a superseded planning scheme to the carrying out of assessable development, prohibited development or development requiring compliance assessment that was, under the superseded planning scheme, exempt development or self-assessable development; or
(b)to assess and decide a proposed development application under a superseded planning scheme; or
(c)to—
(i)accept a development application for development that is prohibited development under the planning scheme and was assessable development under a superseded planning scheme; and
(ii)assess and decide the application under the superseded planning scheme; or
(d)to assess and decide a request for compliance assessment under a superseded planning scheme; or
(e)to—
(i)accept a request for compliance assessment of development that is assessable development or prohibited development, and was development requiring compliance assessment under a superseded planning scheme; and
(ii)assess and decide the request under the superseded planning scheme.
(2)However, the notice may be given to the local government only within 1 year after the day—
(a)the planning scheme or planning scheme policy creating the superseded planning scheme took effect; or
(b)the amendment of a planning scheme or planning scheme policy creating the superseded planning scheme took effect.
(3)The notice must—
(a)be in the approved form; and
(b)be accompanied by the fee fixed by resolution of the local government; and
(c)contain a description of the proposed development or be accompanied by a copy of the proposed development application or request for compliance assessment.
(4)The local government must keep the notice available for inspection and purchase from when the local government receives it until the request is decided under this division.

96Decision on request

(1)The local government must decide to agree to the request, or refuse the request, within 30 business days after receiving it (the request period).
(2)However, the local government may, by written notice given to the person making the request and without the person’s agreement, extend the request period by not more than 10 business days.
(3)Only 1 notice may be given under subsection (2), and it must be given before the request period ends.
(4)However, the request period may be further extended if the person making the request gives written agreement to the extension before the period ends.
(5)The local government is taken to have decided to agree to the request if the local government does not decide the request within the latest of the following periods to end—
(a)the request period;
(b)if the request period is extended under subsections (2) and (3)—the extended period;
(c)if the request period is further extended under subsection (4)—the further extended period.

97Notice of decision

The local government must give the person making the request written notice of the local government’s decision within 5 business days after making the decision.

98When development under superseded planning scheme must start

(1)If the local government agrees or is taken to have agreed to a request made under section 95(1)(a), the superseded planning scheme applies for carrying out the development if—
(a)for development that is a material change of use—the first change of use started within 4 years after the person is given, or was entitled to be given, notice of the decision under this division; or
(b)for development that is reconfiguring a lot—a plan for the reconfiguration is given to the local government within 2 years after the person is given, or was entitled to be given, notice of the decision under this division; or
(c)for other development—the development is substantially started within 2 years after the person is given, or was entitled to be given, notice of the decision under this division.
(2)A person may, by written notice given to the local government before the end of the period stated in subsection (1) for the development, ask the local government to extend the period.
(3)A request under subsection (2)—
(a)must be accompanied by the fee fixed by resolution of the local government; and
(b)if the local government has a form for the request—must be in that form; and
(c)may not be withdrawn.
(4)The local government must give the person written notice of the local government’s decision within 30 business days after receiving the request.
(5)If a person makes a request under subsection (2), the period stated in subsection (1) for the development does not end until the local government gives the person notice of its decision.

99When development application (superseded planning scheme) can be made

(1)If the local government agrees or is taken to have agreed to a request made under section 95(1)(b) or (c), a development application (superseded planning scheme) for the development may be made to the assessment manager.
(2)However, the development application (superseded planning scheme) must be made within 6 months after the day the person is given, or was entitled to be given, notice of the decision.
(3)Despite section 239, a development application can be made for development that is prohibited development under a planning scheme if—
(a)the local government agrees or is taken to have agreed to assess and decide the development application under a superseded planning scheme; and
(b)the development was not prohibited development under the superseded planning scheme.

100When request for compliance assessment under a superseded planning scheme can be made

(1)If the local government agrees or is taken to have agreed to a request made under section 95(1)(d) or (e), a request for compliance assessment of the development under the superseded planning scheme may be made to the assessment manager.
(2)However, the request must be made within 6 months after the day the person is given, or was entitled to be given, notice of the decision.
(3)Despite section 239, a request for compliance assessment can be made for development that is prohibited development under a planning scheme if—
(a)the local government agrees or is taken to have agreed to assess and decide the request under a superseded planning scheme; and
(b)the development was not prohibited development under the superseded planning scheme.

Part 3 Temporary local planning instruments

Division 1 Preliminary

101What is a temporary local planning instrument

A temporary local planning instrument is an instrument that—
(a)is made by a local government under division 2 and part 5; and
(b)advances the purpose of this Act by protecting a planning scheme area from adverse impacts.

102Status of temporary local planning instrument

A temporary local planning instrument is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

103Area to which temporary local planning instrument applies

A temporary local planning instrument may apply to all or only part of a planning scheme area.

104Relationship with planning scheme

A temporary local planning instrument may suspend or otherwise affect the operation of a planning scheme for up to 1 year, but—
(a)does not amend a planning scheme; and
(b)is not a change to a planning scheme under section 703.

Note—

For the relationship between temporary local planning instruments and State planning instruments, see sections 19 (Relationship with other instruments), 25 (Relationship with local planning instruments), 36 (Relationship with other instruments) and 53 (Relationship with local planning instruments).

s 104 amd 2013 No. 60s 33sch 1

Division 2 General matters about temporary local planning instruments

105Power to make temporary local planning instrument

A local government may make a temporary local planning instrument for all or part of its planning scheme area only if the Minister is satisfied—
(a)there is a significant risk of serious environmental harm, or serious adverse cultural, economic or social conditions happening in the planning scheme area; and
(b)the delay involved in using the process stated in the guideline mentioned in section 117(1) to amend the planning scheme would increase the risk; and
(c)State interests would not be adversely affected by the proposed temporary local planning instrument; and
(d)the proposed temporary local planning instrument appropriately reflects the standard planning scheme provisions.

106Content of temporary local planning instrument

(1)A temporary local planning instrument may—
(a)declare development to be—
(i)self-assessable development; or
(ii)development requiring compliance assessment; or
(iii)assessable development; and
(b)require impact or code assessment, or both impact and code assessment, for assessable development; and
(c)state that development is prohibited development, but only if the standard planning scheme provisions state the development may be prohibited development.
(2)This section does not limit the matters that may be included in a temporary local planning instrument.

107Temporary local planning instrument may adopt planning scheme policy

(1)The only document made by a local government that a temporary local planning instrument of the local government may, under the Statutory Instruments Act 1992, section 23, apply, adopt or incorporate is a planning scheme policy.
(2)In this section—
document does not include the following—
(a)a development approval;
(b)an approval for an application mentioned in repealed IPA, section 6.1.26.

s 107 sub 2012 No. 34s 22

Part 4 Planning scheme policies

Division 1 Preliminary

108What is a planning scheme policy

A planning scheme policy is an instrument that—
(a)is made by a local government under division 2 and part 5; and
(b)supports the local dimension of a planning scheme; and
(c)supports local government actions under this Act for IDAS and for making or amending its planning scheme.

109Status of planning scheme policy

A planning scheme policy is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

110Effect of planning scheme policy

A planning scheme policy for a planning scheme area—
(a)becomes a policy for the area; and
(b)if the policy states that it replaces an existing policy—replaces the existing policy.

111Area to which planning scheme policy applies

A planning scheme policy may apply to all or only part of a planning scheme area.

112Relationship with other planning instruments

To the extent a planning scheme policy is inconsistent with another planning instrument, the other planning instrument prevails.

Division 2 General matters about planning scheme policies

113Power to make planning scheme policy

A local government may make a planning scheme policy for all or a part of its planning scheme area.

114Content of planning scheme policy

(1)A planning scheme policy may only do 1 or more of the following—
(a)state information a local government may request for a development application;
(b)state the consultation the local government may carry out under section 256;
(c)state actions a local government may take to support the process for making or amending its planning scheme;
(d)contain standards identified in a code;
(e)include guidelines or advice about satisfying assessment criteria in the planning scheme.
(2)Subsection (1) applies despite section 109.

115Planning scheme policy can not adopt particular documents

(1)A planning scheme policy must not apply, adopt or incorporate another document made by the local government.
(2)In this section—
document does not include the following—
(a)a development approval;
(b)an approval for an application mentioned in repealed IPA, section 6.1.26.

s 115 amd 2012 No. 34s 23

Part 5 Making, amending or repealing local planning instruments

Division 1 Making or amending local planning instruments

div hdg prev div 1 hdg om 2012 No. 34s 24

pres div 1 hdg (prev div 2 hdg) renum 2012 No. 34s 25

116[Repealed]

s 116 om 2012 No. 34s 24

117Process for preparing, making or amending local planning instruments

(1)For making or amending a planning scheme or planning scheme policy, a local government must follow the process stated in a guideline—
(a)made by the Minister; and
(b)prescribed under a regulation.
(2)Without limiting the application of subsection (1) in relation to an LGIP, an LGIP or an amendment of an LGIP must be prepared as required under a guideline—
(a)made by the Minister; and
(b)prescribed by regulation.
(3)For making a temporary local planning instrument, a local government must follow the process stated in a guideline—
(a)made by the Minister; and
(b)prescribed under a regulation.

s 117 amd 2014 No. 36s 6

118Content of guideline for making or amending local planning instrument

(1)The guideline mentioned in section 117(1) must make provision for—
(a)the local government to publish at least once in a newspaper circulating in the local government’s area, notice about a proposal to make—
(i)a planning scheme; or
(ii)a planning scheme policy; and
(b)the local government to carry out public consultation about a proposal mentioned in paragraph (a) for a period (the consultation period) of at least—
(i)for a proposed planning scheme—30 business days; and
(ii)for a proposed planning scheme policy—20 business days; and
(c)if public consultation about a proposal mentioned in paragraph (a) must be carried out—
(i)the local government to have available for inspection and purchase during all of the consultation period a copy of the proposed planning scheme or planning scheme policy; and
(ii)members of the public to make submissions to the local government about the proposed planning scheme or planning scheme policy; and
(iii)the local government to consider all properly made submissions about the proposed planning scheme or planning scheme policy; and
(iv)the local government to advise persons who make a properly made submission about how the local government has dealt with the submission; and
(v)the local government to give the Minister a notice containing a summary of matters raised in the properly made submissions and stating how the local government dealt with the matters; and
(d)any proposed planning scheme to be approved by the Minister; and
(e)the making of a proposed planning scheme, or amendment of a planning scheme, to be notified in the gazette; and
(f)the making of a proposed planning scheme policy, or amendment of a planning scheme policy, to be notified in a newspaper circulating generally in the local government’s area.
(2)The guideline mentioned in section 117(2) must make provision for—
(a)any proposed temporary local planning instrument to be approved by the Minister; and
(b)the making of a proposed temporary local planning instrument to be notified in the gazette.

119Compliance with guideline

(1)Despite section 117(1), if a planning scheme or planning scheme policy is made or amended in substantial compliance with the process stated in the guideline mentioned in the subsection, the planning scheme, planning scheme policy or amendment is valid so long as any noncompliance has not—
(a)adversely affected the awareness of the public of the existence and nature of the proposed planning scheme, planning scheme policy or amendment; or
(b)restricted the opportunity of the public to make properly made submissions about the proposed planning scheme, planning scheme policy or amendment under the guideline; or
(c)for a planning scheme or amendment of a planning scheme—restricted the opportunity of the Minister to consider whether State interests would be adversely affected.
(2)Despite section 117(2), if a temporary local planning instrument is made in substantial compliance with the process stated in the guideline mentioned in the subsection, the instrument is valid.

120When planning scheme, temporary local planning instrument and amendments have effect

(1)A planning scheme or temporary local planning instrument for a planning scheme area has effect on and from—
(a)the day the making of the planning scheme or temporary local planning instrument is notified in the gazette; or
(b)if a later day for the commencement of the planning scheme or temporary local planning instrument is stated in the planning scheme or instrument—the later day.
(1A)Subsection (1B) applies if—
(a)a local government resolves at a public meeting—
(i)to give a temporary local planning instrument to the Minister; and
(ii)to ask the Minister to approve the instrument taking effect on and from the day the resolution was made; and
(b)the Minister, by notice to the local government, approves the request.
(1B)The temporary local planning instrument has effect on and from the day the local government resolution was made.
(2)If a planning scheme is amended, the amendment has effect on and from—
(a)the day the making of the amendment is notified in the gazette; or
(b)if a later day for the commencement of the amendment is stated in the amendment—the later day.
(3)A temporary local planning instrument has effect until the instrument expires or is repealed.

Note—

For when particular provisions of a planning scheme have no effect for development in the SEQ region, see the SEQ Water Act, section 78A.

s 120 amd 2010 No. 20s 65; 2017 No. 12 s 69

121When planning scheme policy and amendments have effect

A planning scheme policy or amendment of a planning scheme policy for a planning scheme area has effect on and from—
(a)the day the making of the policy or amendment is first notified in a newspaper circulating generally in the local government’s area; or
(b)if a later day for the commencement of the policy or amendment is stated in the policy or amendment—the later day.

122Consolidating planning schemes

(1)A local government may prepare and adopt a consolidated planning scheme.
(2)The guideline mentioned in section 117(1) does not apply to the preparation or adoption of the consolidated planning scheme.
(3)The consolidated planning scheme is, in the absence of evidence to the contrary, taken to be the local government’s planning scheme on and from the day the consolidated planning scheme is adopted by the local government.
(4)As soon as practicable after the local government adopts the consolidated planning scheme, the local government must give the chief executive a certified copy of the consolidated planning scheme.

Division 2 [Repealed]

div hdg (prev div 2A hdg) ins 2011 No. 8s 101

renum 2012 No. 34s 25

om 2014 No. 40s 70

122A[Repealed]

s 122A ins 2011 No. 8s 101

amd 2012 No. 34s 26

om 2014 No. 40s 70

122B[Repealed]

s 122B ins 2011 No. 8s 101

amd 2012 No. 34s 27

om 2014 No. 40s 70

122C[Repealed]

s 122C ins 2011 No. 8s 101

om 2014 No. 40s 70

122D[Repealed]

s 122D ins 2011 No. 8s 101

om 2014 No. 40s 70

122E[Repealed]

s 122E ins 2011 No. 8s 101

om 2014 No. 40s 70

122F[Repealed]

s 122F ins 2011 No. 8s 101

om 2014 No. 40s 70

122G[Repealed]

s 122G ins 2011 No. 8s 101

om 2014 No. 40s 70

122H[Repealed]

s 122H ins 2011 No. 8s 101

om 2014 No. 40s 70

122I[Repealed]

s 122I ins 2011 No. 8s 101

om 2014 No. 40s 70

Division 3 Repealing local planning instruments

123Repealing temporary local planning instruments

(1)A temporary local planning instrument may be repealed by—
(a)a resolution of a local government; or
(b)the adoption of a planning scheme or an amendment of a planning scheme that specifically repeals the instrument.
(2)However, a local government must have the Minister’s written approval to make a resolution under subsection (1)(a) if the temporary local planning instrument—
(a)was made by the local government under the direction of the Minister under section 126; or
(b)was made by the Minister under section 128 after the local government did not comply with a direction of the Minister under section 126; or
(c)was made by the Minister under section 129.
(3)The local government must publish, in a newspaper circulating generally in the local government’s area and in the gazette, a notice stating the following—
(a)the name of the local government;
(b)the name of the temporary local planning instrument being repealed;
(c)the day the resolution was made;
(d)the purpose and general effect of the resolution.
(4)On the day the notice is published in the gazette, or as soon as practicable after the day, the local government must give the chief executive a copy of the notice.
(5)The repeal takes effect—
(a)if the resolution is made under subsection (1)(a)—on the day the resolution is notified in the gazette; or
(b)if the temporary local planning instrument is repealed by the making of a planning scheme or an amendment of a planning scheme—on the day the planning scheme or amendment takes effect.

124Repealing planning scheme policies

(1)A local government may, by resolution, repeal a planning scheme policy, other than a planning scheme policy that is replaced by another planning scheme policy.
(2)If a local government makes a resolution under subsection (1), the local government must give the Minister a copy of the resolution.
(3)The local government must publish, in a newspaper circulating generally in the local government’s area, a notice stating the following—
(a)the name of the local government;
(b)the name of the planning scheme policy being repealed;
(c)the day the resolution was made.
(4)On the day the notice is published, or as soon as practicable after the notice is published, the local government must give the chief executive a copy of the notice.
(5)The repeal takes effect—
(a)on the day the notice is first published in the newspaper; or
(b)if the notice states a later day—on the later day.
(6)Also, if a new planning scheme, other than an amendment of a planning scheme, is made for a planning scheme area, all existing planning scheme policies for the area are repealed on the day the planning scheme takes effect.

Part 6 Powers of State in relation to local planning instruments

Division 1 Direction to take action about local planning instruments

125Procedures before exercising particular power

(1)Before a power is exercised under section 126 or 127, the Minister must give written notice of the proposed exercise of the power to the local government to be affected by the exercise of the power.
(2)However, notice need not be given if the power is proposed to be exercised at the local government’s request.
(3)The notice must state—
(a)the reasons for the proposed exercise of the power; and
(b)a period within which the local government may make submissions to the Minister about the proposed exercise of the power.
(4)The Minister must consider any submissions made under subsection (3) and advise the local government that the Minister has decided—
(a)not to exercise the power; or
(b)to exercise the power.
(5)If the Minister decides to exercise the power, the Minister must advise the local government the reasons for deciding to exercise the power.

126Power of Minister to direct local government to take particular action about local planning instrument

(1)This section applies if the Minister is satisfied it is necessary to give a direction to a local government—
(a)to protect or give effect to a State interest; or
(b)to ensure a local planning instrument, proposed local planning instrument or proposed amendment of a local planning instrument appropriately reflects the standard planning scheme provisions.
(2)The Minister may direct the local government to take an action in relation to—
(a)a local planning instrument; or
(b)a proposed local planning instrument; or
(c)a proposed amendment of a local planning instrument.
(3)The direction may be as general or specific as the Minister considers appropriate and must state the reasonable period within which the local government must comply with the direction.
(4)Without limiting subsection (2), the direction may require the local government to—
(a)review its planning scheme; or
(b)make a planning scheme or amend its planning scheme; or
(c)make or repeal a temporary local planning instrument; or
(d)make, amend or repeal a planning scheme policy.

s 126 amd 2012 No. 3s 64; 2012 No. 34s 28

127Power of Minister to direct local government to prepare a consolidated planning scheme

The Minister may direct a local government to prepare a consolidated planning scheme.

128Power of Minister if local government does not comply with direction

(1)If the local government does not comply with the Minister’s direction under section 126 or 127 within the reasonable period stated in the direction, the Minister may take the action the Minister directed the local government to take.
(2)Anything done by the Minister under subsection (1) is taken to have been done by the local government and has the same effect as it would have had if the local government had done it.
(3)An expense reasonably incurred by the Minister in taking an action under subsection (1) may be recovered from the local government as a debt owing to the State.

Division 2 Making or amending local planning instrument without direction

129Power of Minister to take action about local planning instrument without direction to local government

(1)Subsection (2) applies if the Minister is satisfied urgent action is necessary to protect or give effect to a State interest.
(2)The Minister may make or amend a local planning instrument without giving a direction under section 126 to the local government about the making or amendment of the local planning instrument.
(3)Subsection (4) applies if the Minister is satisfied a local planning instrument does not appropriately reflect the standard planning scheme provisions.
(4)The Minister may amend the local planning instrument without giving a direction under section 126 to the local government about the amendment of the instrument.
(5)Before acting under subsection (2) or (4), the Minister must give written notice of the proposed action to the local government to be affected by the action.
(6)The notice must state the reasons for taking the action.
(7)To remove any doubt, it is declared that the Minister is not required to consult with anyone before taking the action.
(8)Anything done by the Minister under this section is taken to have been done by the local government and has the same effect as it would have had if the local government had done it.
(9)An expense reasonably incurred by the Minister in taking an action under this section may be recovered from the local government as a debt owing to the State.

Note—

The regional planning Minister may amend a planning scheme to reflect a regional plan. See section 39 (Amending planning schemes to reflect regional plan).

s 129 amd 2012 No. 3s 65; 2013 No. 60s 33sch 1

Division 3 Process for dealing with local planning instruments under part 6

130Process for Minister to take action under pt 6

(1)A guideline mentioned in section 117 must state a process for the Minister—
(a)to take the action the Minister directed the local government to take under division 1; and
(b)to make or amend a local planning instrument under division 2.
(2)In taking the action, or making or amending the local planning instrument, the Minister must follow the stated process.

Chapter 4 [Repealed]

ch hdg om 2012 No. 34s 29

Part 1 [Repealed]

pt hdg om 2012 No. 34s 29

Division 1 [Repealed]

div 1 (s 131) om 2012 No. 34s 29

131[Repealed]

div 1 (s 131) om 2012 No. 34s 29

Division 2 [Repealed]

div 2 (ss 132–135) om 2012 No. 34s 29

132[Repealed]

div 2 (ss 132–135) om 2012 No. 34s 29

133[Repealed]

div 2 (ss 132–135) om 2012 No. 34s 29

134[Repealed]

div 2 (ss 132–135) om 2012 No. 34s 29

135[Repealed]

div 2 (ss 132–135) om 2012 No. 34s 29

Part 2 [Repealed]

pt hdg om 2012 No. 34s 29

Division 1 [Repealed]

div 1 (ss 136–139) om 2012 No. 34s 29

136[Repealed]

div 1 (ss 136–139) om 2012 No. 34s 29

137[Repealed]

div 1 (ss 136–139) om 2012 No. 34s 29

138[Repealed]

div 1 (ss 136–139) om 2012 No. 34s 29

139[Repealed]

div 1 (ss 136–139) om 2012 No. 34s 29

Division 2 [Repealed]

div 2 (ss 140–142) om 2012 No. 34s 29

140[Repealed]

div 2 (ss 140–142) om 2012 No. 34s 29

141[Repealed]

div 2 (ss 140–142) om 2012 No. 34s 29

142[Repealed]

div 2 (ss 140–142) om 2012 No. 34s 29

Division 3 [Repealed]

div hdg om 2012 No. 34s 29

143[Repealed]

s 143 om 2012 No. 34s 29

144[Repealed]

s 144 amd 2012 No. 3s 66

om 2012 No. 34s 29

Division 4 Making structure plans

div hdg om 2012 No. 34s 29

Subdivision 1 [Repealed]

sdiv hdg ins 2011 No. 8s 102

om 2012 No. 34s 29

145[Repealed]

s 145 om 2012 No. 34s 29

146[Repealed]

s 146 om 2012 No. 34s 29

147[Repealed]

s 147 om 2012 No. 34s 29

148[Repealed]

s 148 om 2012 No. 34s 29

149[Repealed]

s 149 om 2012 No. 34s 29

Subdivision 2 [Repealed]

sdiv 2 (ss 149A–149I) ins 2011 No. 8s 103

om 2012 No. 34s 29

149A[Repealed]

sdiv 2 (ss 149A–149I) ins 2011 No. 8s 103

om 2012 No. 34s 29

149B[Repealed]

sdiv 2 (ss 149A–149I) ins 2011 No. 8s 103

om 2012 No. 34s 29

149C[Repealed]

sdiv 2 (ss 149A–149I) ins 2011 No. 8s 103

om 2012 No. 34s 29

149D[Repealed]

sdiv 2 (ss 149A–149I) ins 2011 No. 8s 103

om 2012 No. 34s 29

149E[Repealed]

sdiv 2 (ss 149A–149I) ins 2011 No. 8s 103

om 2012 No. 34s 29

149F[Repealed]

sdiv 2 (ss 149A–149I) ins 2011 No. 8s 103

om 2012 No. 34s 29

149G[Repealed]

sdiv 2 (ss 149A–149I) ins 2011 No. 8s 103

om 2012 No. 34s 29

149H[Repealed]

sdiv 2 (ss 149A–149I) ins 2011 No. 8s 103

om 2012 No. 34s 29

149I[Repealed]

sdiv 2 (ss 149A–149I) ins 2011 No. 8s 103

om 2012 No. 34s 29

Part 3 [Repealed]

pt hdg om 2012 No. 34s 29

Division 1 [Repealed]

div 1 (ss 150–154) om 2012 No. 34s 29

150[Repealed]

div 1 (ss 150–154) om 2012 No. 34s 29

151[Repealed]

div 1 (ss 150–154) om 2012 No. 34s 29

152[Repealed]

div 1 (ss 150–154) om 2012 No. 34s 29

153[Repealed]

div 1 (ss 150–154) om 2012 No. 34s 29

154[Repealed]

div 1 (ss 150–154) om 2012 No. 34s 29

Division 2 [Repealed]

div 2 (ss 155–158) om 2012 No. 34s 29

155[Repealed]

div 2 (ss 155–158) om 2012 No. 34s 29

156[Repealed]

div 2 (ss 155–158) om 2012 No. 34s 29

157[Repealed]

div 2 (ss 155–158) om 2012 No. 34s 29

158[Repealed]

div 2 (ss 155–158) om 2012 No. 34s 29

Division 3 [Repealed]

div hdg om 2012 No. 34s 29

Subdivision 1 [Repealed]

sdiv 1 (ss 159–160) om 2012 No. 34s 29

159[Repealed]

sdiv 1 (ss 159–160) om 2012 No. 34s 29

160[Repealed]

sdiv 1 (ss 159–160) om 2012 No. 34s 29

Subdivision 2 [Repealed]

sdiv 2 (ss 161–165) om 2012 No. 34s 29

161[Repealed]

sdiv 2 (ss 161–165) om 2012 No. 34s 29

162[Repealed]

sdiv 2 (ss 161–165) om 2012 No. 34s 29

163[Repealed]

sdiv 2 (ss 161–165) om 2012 No. 34s 29

164[Repealed]

sdiv 2 (ss 161–165) om 2012 No. 34s 29

165[Repealed]

sdiv 2 (ss 161–165) om 2012 No. 34s 29

Subdivision 3 [Repealed]

sdiv 3 (ss 166–172) om 2012 No. 34s 29

166[Repealed]

sdiv 3 (ss 166–172) om 2012 No. 34s 29

167[Repealed]

sdiv 3 (ss 166–172) om 2012 No. 34s 29

168[Repealed]

sdiv 3 (ss 166–172) om 2012 No. 34s 29

169[Repealed]

sdiv 3 (ss 166–172) om 2012 No. 34s 29

170[Repealed]

sdiv 3 (ss 166–172) om 2012 No. 34s 29

171[Repealed]

sdiv 3 (ss 166–172) om 2012 No. 34s 29

172[Repealed]

sdiv 3 (ss 166–172) om 2012 No. 34s 29

Subdivision 4 [Repealed]

sdiv 4 (ss 173–178) om 2012 No. 34s 29

173[Repealed]

sdiv 4 (ss 173–178) om 2012 No. 34s 29

174[Repealed]

sdiv 4 (ss 173–178) om 2012 No. 34s 29

175[Repealed]

sdiv 4 (ss 173–178) om 2012 No. 34s 29

176[Repealed]

sdiv 4 (ss 173–178) om 2012 No. 34s 29

177[Repealed]

sdiv 4 (ss 173–178) om 2012 No. 34s 29

178[Repealed]

sdiv 4 (ss 173–178) om 2012 No. 34s 29

Subdivision 5 [Repealed]

sdiv hdg om 2012 No. 34s 29

179[Repealed]

s 179 om 2012 No. 34s 29

180[Repealed]

s 180 om 2012 No. 34s 29

181[Repealed]

s 181 om 2012 No. 34s 29

182[Repealed]

s 182 om 2012 No. 34s 29

183[Repealed]

s 183 om 2012 No. 34s 29

184[Repealed]

s 184 om 2012 No. 34s 29

185[Repealed]

s 185 amd 2011 No. 17s 10

om 2012 No. 34s 29

186[Repealed]

s 186 om 2012 No. 34s 29

187[Repealed]

s 187 om 2012 No. 34s 29

188[Repealed]

s 188 om 2012 No. 34s 29

Subdivision 6 [Repealed]

sdiv hdg om 2012 No. 34s 29

189[Repealed]

s 189 amd 2012 No. 3s 67

om 2012 No. 34s 29

190[Repealed]

s 190 amd 2012 No. 3s 68

om 2012 No. 34s 29

Subdivision 7 [Repealed]

sdiv 7 (ss 191–192) om 2012 No. 34s 29

191[Repealed]

sdiv 7 (ss 191–192) om 2012 No. 34s 29

192[Repealed]

sdiv 7 (ss 191–192) om 2012 No. 34s 29

Subdivision 8 [Repealed]

sdiv 8 (ss 193–197) om 2012 No. 34s 29

193[Repealed]

sdiv 8 (ss 193–197) om 2012 No. 34s 29

194[Repealed]

sdiv 8 (ss 193–197) om 2012 No. 34s 29

195[Repealed]

sdiv 8 (ss 193–197) om 2012 No. 34s 29

196[Repealed]

sdiv 8 (ss 193–197) om 2012 No. 34s 29

197[Repealed]

sdiv 8 (ss 193–197) om 2012 No. 34s 29

Division 4 [Repealed]

div 4 (ss 198–199) om 2012 No. 34s 29

198[Repealed]

div 4 (ss 198–199) om 2012 No. 34s 29

199[Repealed]

div 4 (ss 198–199) om 2012 No. 34s 29

Chapter 5 Designation of land for community infrastructure

Part 1 Preliminary

200Who may designate land

A Minister or a local government may, under this chapter, designate land for community infrastructure prescribed under a regulation for this section.

Note—

In this chapter, Minister includes any Minister. See definition Minister in schedule 3 (Dictionary).

201Matters to be considered when designating land

Land may be designated for community infrastructure only if the Minister or local government is satisfied the community infrastructure will—
(a)facilitate the implementation of legislation and policies about environmental protection or ecological sustainability; or
(b)facilitate the efficient allocation of resources; or
(c)satisfy statutory requirements or budgetary commitments of the State or local government for the supply of community infrastructure; or
(d)satisfy the community’s expectations for the efficient and timely supply of the infrastructure.

202What designations may include

A designation may include—
(a)requirements about works or the use of the land for the community infrastructure, including the height, shape, bulk or location of the works on the land, vehicular access to the land, vehicular and pedestrian circulation on the land, hours of operation of the use, landscaping on the land and ancillary uses of the land; and
(b)other requirements designed to lessen the impacts of the works or the use of the land for community infrastructure, including procedures for environmental management.

203How IDAS applies to designated land

Development under a designation is exempt development, to the extent the development is either, or both, of the following—
(a)self-assessable development, development requiring compliance assessment or assessable development under a planning scheme;
(b)reconfiguring a lot.

204Relationship of designation to State Development and Public Works Organisation Act 1971

(1)Subsection (2) applies if land in a declared State development area under the State Development and Public Works Organisation Act 1971 is designated under this part.
(2)Despite part 6, division 1 of that Act, development of the land in accordance with the designation—
(a)is taken to be development of the land in accordance with the approved development scheme for the land under that Act; and
(b)does not contravene section 84A or 84B of that Act.

s 204 amd 2014 No. 40s 154sch 1 pt 1

205How infrastructure charges apply to designated land

If a public sector entity that is a department or part of a department proposes or starts development under a designation, the entity is not required to pay any adopted charge for the development.

s 205 amd 2014 No. 36s 56sch 1

206How designations must be shown in planning schemes

(1)If a local government designates land, or notes a designation of land by the Minister on its planning scheme, the designation or note must—
(a)identify the land; and
(b)state the type of community infrastructure for which the land was designated; and
(c)state the day the designation was made; and
(d)refer to any matters included as part of the designation under section 202; and
(e)be shown in the planning scheme in a way that other provisions in the planning scheme applying to the land remain effective even if the designation is repealed or ceases to have effect.
(2)To remove any doubt, it is declared that—
(a)a designation is part of a planning scheme; and
(b)designation is not the only way community infrastructure may be identified in a planning scheme; and
(c)the provisions of a planning scheme, other than the provision that designates land, applying to designated land remain effective even if the designation is repealed or ceases to have effect.

Part 2 Ministerial designations

207Matters the Minister must consider before designating land

(1)Before designating land, the Minister must be satisfied that, for the development the subject of the proposed designation—
(a)adequate environmental assessment has been carried out; and
(b)in carrying out environmental assessment under paragraph (a), there was adequate public consultation; and
(c)adequate account has been taken of issues raised during the public consultation; and
(d)for land to which section 204 applies—adequate account has been taken of the approved development scheme mentioned in that section.
(2)The Minister must also consider—
(a)every properly made submission under subsection (4); and
(b)for land to which a State planning regulatory provision applies—the provision; and
(c)for land in a designated region—the region’s regional plan; and
(d)each relevant State planning policy; and
(e)each relevant local planning instrument.
(3)For subsection (1), there has been adequate environmental assessment and public consultation in carrying out environmental assessment if—
(a)the assessment and consultation has been carried out as required by guidelines made by the chief executive under section 760 for assessing the impacts of the development; or
(b)the processes under chapter 6, part 4 and part 5, division 2, have been completed for a development application for the community infrastructure to which the designation relates; or
(c)the process under chapter 9, part 2, division 2, has been completed for an EIS for development for the community infrastructure; or
(d)public notification has been carried out for a planning scheme, or an amendment of a planning scheme, that includes the community infrastructure, under the guideline mentioned in section 117(1); or
(e)the Coordinator-General has, under the State Development and Public Works Organisation Act 1971
(i)prepared a report under section 34D of that Act evaluating an EIS for, or including, development for the community infrastructure; or
(ii)prepared a report under section 34L of that Act evaluating an IAR for, or including, development for the community infrastructure and a draft of the IAR was publicly notified under section 34H or 34K(3) of that Act; or
(f)the process under the Environmental Protection Act, chapter 3, part 1 has been completed for an EIS for development for the community infrastructure.
(4)However, if written notice of the proposed designation has not been given to each of the following entities about an action mentioned in subsection (3), the Minister must give written notice of the proposed designation to the entities inviting submissions about the proposed designation—
(a)the owner of any land to which the proposed designation applies;
(b)each local government the Minister is satisfied the designation affects.
(5)A notice given under subsection (4) must give the entities at least 15 business days to make a submission.

s 207 amd 2012 No. 34s 30; 2014 No. 40s 154sch 1 pt 1

208Procedures after designation

(1)If the Minister designates land, the Minister must give a notice to—
(a)each owner of the land; and
(b)each local government the Minister is satisfied the designation affects; and
(c)the chief executive.
(2)The notice must state each of the following—
(a)that the designation has been made;
(b)the description of the land;
(c)the type of community infrastructure for which the land has been designated;
(d)any matters mentioned in section 202 and included as part of the designation.
(3)The Minister must also publish a gazette notice stating the matters mentioned in subsection (2)(a) to (c).

209Procedures if designation does not proceed

If the Minister decides not to proceed with a proposed designation, the Minister must give a notice, stating that the designation will not proceed, to the persons mentioned in section 208(1)(a) and (b).

210Effects of ministerial designations

A designation made under this part—
(a)if the designation states that it replaces an existing designation—replaces the existing designation; and
(b)has effect on and from—
(i)the day the designation is notified in the gazette; or
(ii)if a later day for the commencement of the designation is stated in the notice—the later day.

211When local government must include designation in planning scheme

(1)If a local government receives a notice from a Minister stating that the Minister has made a designation in or near its planning scheme area, the local government must note the designation on—
(a)its planning scheme (if any); and
(b)any new planning scheme it makes before the designation ceases to have effect.
(2)The note is not an amendment of the planning scheme.

Part 3 Local government designations

212Designation of land by local government

(1)A local government may only designate land by using the process stated in the guideline mentioned in section 117(1) to include the designation as a substantive provision of its planning scheme.
(2)Subsection (1) applies whether or not the local government owns the land.
(3)However, land identified in an LGIP as land for community infrastructure is not designated land unless it is also specifically identified as designated land.

s 212 amd 2014 No. 36s 56sch 1

213Designating land the local government does not own

(1)This section applies if the local government proposes to designate land it does not own.
(2)Before the start of the consultation period for making or amending a planning scheme intended to include the designation, the local government must give written notice of the proposed designation to the owner of the land.
(3)The notice must state the following—
(a)the description of the land proposed to be designated, including a plan of the land;
(b)the type of community infrastructure for which the designation is proposed;
(c)the reasons for the designation;
(d)that written submissions about any aspect of the proposed designation may be given to the local government during the consultation period.

Part 4 Duration and reconfirmation of designations

214Duration of designations

(1)A designation ceases to have effect—
(a)if the designation is made by a Minister—6 years after notice of the designation was published in the gazette (the designation cessation day); or
(b)if the designation is made by a local government—6 years after the planning scheme or amendment that incorporated the designation took effect (also the designation cessation day).
(2)If, after designating land but before the designation cessation day, a local government makes a new planning scheme and includes an existing designation as a substantive provision of the new planning scheme—
(a)the existing designation continues to have effect until its designation cessation day under subsection (1); and
(b)section 213 does not apply to remaking the designation in the new planning scheme.

215When designations do not cease

(1)A designation does not cease to have effect on the designation cessation day if—
(a)on the designation cessation day, an entity other than a public sector entity or the local government owns, or has a public utility easement over, the designated land and construction of community infrastructure started before the designation cessation day; or
(b)on the designation cessation day, a public sector entity or the local government owns, or has a public utility easement, for the same purpose as the designation, over, the designated land; or
(c)before the designation cessation day, a public sector entity or the local government gave a notice of intention to resume the designated land under the Acquisition Act, section 7; or
(d)before the designation cessation day, a public sector entity or the local government signed an agreement to take under the Acquisition Act or to otherwise buy the designated land; or
(e)for a designation made by the Minister—before the designation cessation day, the Minister gave the local government written notice reconfirming the designation.
(2)However, if a public sector entity or a local government discontinues proceedings to resume designated land, whether before or after the designation cessation day, the designation ceases to have effect the day the proceedings are discontinued.
(3)To remove any doubt, it is declared that a designation of land or any notice given to an owner about a designation of land does not constitute a notice of intention to resume under the Acquisition Act, section 7.

216Reconfirming designation

(1)If the Minister gives a local government written notice under section 215(1)(e) reconfirming a designation—
(a)the local government must display the notice in a conspicuous place in the local government’s public office; and
(b)the Minister must—
(i)give the owner of the land a copy of the notice; and
(ii)publish the notice in the gazette; and
(c)the designation has effect for another 6 years after the notice is published in the gazette.
(2)When a local government receives a notice from the Minister reconfirming a designation in or near its planning scheme area, the local government must again note the designation on—
(a)its planning scheme (if any); and
(b)any new planning scheme it makes before the designation ceases to have effect.
(3)The note is not an amendment of the planning scheme.
(4)A reconfirmation of a designation is taken to be a designation to which sections 214 and 215 apply.

Part 5 Repealing designations

217Who may repeal designations

(1)A Minister may repeal a designation made by the Minister.
(2)A local government may repeal a designation made by the local government.

218Notice of repeal

(1)The repeal of a designation must be made by publishing a notice of repeal of the designation—
(a)in the gazette; and
(b)in a newspaper circulating generally in the area where the designated land is situated.
(2)The notice must state the following—
(a)that the designation has been repealed;
(b)the description of the land to which the designation applied;
(c)the purpose of the community infrastructure for which the land was designated;
(d)the reasons for the decision.

219Minister or local government to give notice of repeal to particular entities

(1)If the repeal is made by a Minister, the Minister must give a copy of the notice to—
(a)each local government to which a notice about the making of the designation was given; and
(b)if the land is owned by an entity other than the State or the local government—the owner; and
(c)the chief executive.
(2)If the repeal is made by a local government and the land is owned by an entity other than the local government, the local government must give a copy of the notice to the owner.

220When designation ceases to have effect

The designation ceases to have effect on the day the notice is published in the gazette.

221Local government to note repeal on planning scheme

(1)If a local government repeals a designation or receives a notice from the Minister advising that the Minister has repealed a designation, the local government must note the repeal on its planning scheme.
(2)The note is not an amendment of the planning scheme.

Part 6 Acquiring designated land

222Request to acquire designated land under hardship

(1)Subsection (3) applies if the owner of an interest in designated land (the designated interest) is suffering hardship because of the designation.
(2)However, subsection (3) does not apply if—
(a)the designated land is land—
(i)over which there is an existing public utility easement; or
(ii)for which a process has started under the Acquisition Act to acquire a public utility easement; and
(b)the designation is for community infrastructure for which the easement exists or is being acquired.
(3)The owner may ask the designator to buy—
(a)the designated interest; or
(b)if the owner has an interest in land adjoining the designated land and retaining the interest without the designated interest would also cause the owner hardship—the designated interest and the interest in the land adjoining the designated land.

223Decision about request

(1)The designator must, within 40 business days after the request is received, decide to—
(a)grant the request; or
(b)take other action under section 226; or
(c)refuse the request.
(2)In deciding whether or not the owner is suffering hardship, the designator must consider each of the following—
(a)whether the owner must sell an interest mentioned in section 222(3)(a) or (b) without delay for personal reasons, including to avoid loss of income, and has tried unsuccessfully to sell the interest at a fair market value (disregarding the designation);
(b)whether the owner has a genuine intent to develop the interest, but development approval has been, or is likely to be, refused because of the designation;
(c)the extent to which development would be viable because of the designation if the owner exercised rights conferred under any development approval.

224Notice about grant of request

If the designator decides to grant the request, the designator must, within 5 business days after deciding the request, give the owner a notice stating the designator proposes to buy the nominated interest.

225Notice about refusal of request

If the designator decides to refuse the request, the designator must, within 5 business days after deciding the request, give the owner a notice stating—
(a)the request has been refused; and
(b)the owner may appeal against the decision.

226Alternative action designator may take

If the designator decides not to buy the nominated interest, the designator may, instead of taking action under section 225 and within 5 business days after deciding the request, give the owner a notice stating that the designator proposes to—
(a)exchange the nominated interest for property held by the designator; or
(b)repeal the designation or remove the designation from the designated interest; or
(c)investigate the removal of the designation from the designated interest.

227If the designator does not act under the notice

(1)This section applies if the designator gave a notice under section 224 or 226 and, within 40 business days after giving the notice, the designator has not—
(a)signed an agreement with the owner to buy the nominated interest or to take the nominated interest under the Acquisition Act, part 2, division 3; or
(b)signed an agreement with the owner to exchange the nominated interest; or
(c)repealed the designation or removed the designation from the designated interest.
(2)The designator must, within 5 business days after the end of the period mentioned in subsection (1), give the owner a notice of intention to resume the nominated interest.
(3)The notice given under subsection (2) is taken to be a notice of intention to resume given under the Acquisition Act, section 7.
(4)However, the Acquisition Act, sections 13 and 41, do not apply to the resumption.

s 227 amd 2013 No. 23s 352sch 1 pt 1

228How value of interest is decided

If an interest in designated land is taken under the Acquisition Act, the effect of the designation must be disregarded in deciding the value of the interest taken.

Part 7 Delegation of Minister’s functions

229Ministers may delegate particular administrative functions about designations

A Minister may delegate the Minister’s functions under sections 208, 209 and 224 to 227 to—
(a)the chief executive or a senior executive of any department for which the Minister has responsibility; or
(b)the chief executive officer of a public sector entity.

Chapter 6 Integrated development assessment system (IDAS)

Part 1 Preliminary

Division 1 Introduction

230What is IDAS

IDAS is the system detailed in this chapter for integrating State and local government assessment and approval processes for development.

231Categories of development under Act

(1)The categories of development under this Act are as follows—
(a)exempt development;
(b)self-assessable development;
(c)development requiring compliance assessment;
(d)assessable development;
(e)prohibited development.
(2)Under this Act, all development is exempt development unless it is—
(a)self-assessable development; or
(b)development requiring compliance assessment; or
(c)assessable development; or
(d)prohibited development.

232Regulation may prescribe categories of development or require code or impact assessment

(1)A regulation may prescribe that development is—
(a)self-assessable development; or
(b)development requiring compliance assessment; or
(c)assessable development.

Note—

See section 397(3) for matters a regulation under subsection (1)(b) must state.
(2)Also, a regulation may prescribe development that a planning scheme, a temporary local planning instrument or a preliminary approval to which section 242 applies can not declare to be self-assessable development, development requiring compliance assessment, assessable development or prohibited development.
(3)In addition, a regulation may require code or impact assessment, or both code and impact assessment, for assessable development.

Note—

Under this Act, the following also may state that development is self-assessable development, development requiring compliance assessment or assessable development requiring code or impact assessment, or both code and impact assessment—
(a)a State planning regulatory provision;
(b)a temporary local planning instrument;
(c)a preliminary approval to which section 242 applies;
(d)a planning scheme.

s 232 amd 2012 No. 34s 31

233Relationship between regulation and planning scheme, temporary local planning instrument or local law

(1)To the extent a planning scheme or temporary local planning instrument is inconsistent with a regulation made under section 232(1) or (2), the planning scheme or temporary local planning instrument is of no effect.
(2)However, to the extent a planning scheme or temporary local planning instrument is inconsistent with a regulation made under section 232(1) because the planning scheme or temporary local planning instrument states development is self-assessable but the regulation states the development is assessable—
(a)codes in the planning scheme or temporary local planning instrument for the development are not applicable codes; but
(b)must be complied with.
(3)If a regulation requires code assessment for development, a planning scheme or temporary local planning instrument can not require impact assessment instead of code assessment for the aspect of development the code is about.
(4)To the extent a planning scheme or temporary local planning instrument is inconsistent with a regulation mentioned in section 232(3), for assessable development, the planning scheme or temporary local planning instrument is of no effect.
(5)Subsections (3) and (4) apply whether the regulation was made before or after the commencement of the planning scheme or temporary local planning instrument.
(6)A regulation under this or another Act may also identify a code, or a part of a code, as a code, or a part of a code, that can not be changed under a local planning instrument or a local law.
(7)To the extent a local planning instrument or a local law is inconsistent with the scope of a code, or a part of a code, identified in the regulation mentioned in subsection (6), the local planning instrument or local law is of no effect.

234Relationship between sch 1 and planning instruments

To the extent a planning instrument purports to provide for any matter about development that is prohibited development under schedule 1, the planning instrument is of no effect.

Division 2 Particular provisions about categories of development

235Exempt development

(1)A development permit is not necessary for exempt development.
(2)Also, exempt development need not comply with planning instruments, other than a State planning regulatory provision.
(3)Nothing in subsection (2) stops a planning instrument, a development approval or compliance permit affecting exempt development if—
(a)the development is the natural and ordinary consequence of another aspect of development that is self-assessable development, development requiring compliance assessment or assessable development; and
(b)the effect mitigates impacts of the self-assessable development, development requiring compliance assessment or assessable development.

Example for subsection (3)—

A development approval for a material change of use may include conditions, including, for example, conditions about landscaping, parking or buildings that are the natural and ordinary consequence of the material change of use if the conditions would mitigate impacts, including, for example, visual amenity, noise or traffic generation, of the material change of use.

s 235 amd 2012 No. 34s 32

236Self-assessable development

(1)A development permit is not necessary for self-assessable development.
(2)However, self-assessable development must comply with applicable codes.

Note—

It is an offence to carry out self-assessable development in contravention of applicable codes. See section 574 (Self-assessable development must comply with codes).

237Development requiring compliance assessment

(1)A development permit is not necessary for development requiring compliance assessment.
(2)A compliance permit is necessary for development requiring compliance assessment.

Note—

It is an offence to carry out development requiring compliance assessment without a compliance permit. See section 575 (Carrying out development without compliance permit).

238Assessable development

A development permit is necessary for assessable development.

Note—

It is an offence to carry out assessable development without a development permit. See section 578 (Carrying out assessable development without permit).

239Prohibited development

(1)An application or request for compliance assessment can not be made for development if the development is prohibited development.
(2)If an application or request for compliance assessment is made and any part of the development applied for is prohibited development, the application or request is taken not to have been made and IDAS does not apply to it.

Note—

It is an offence to carry out development that is prohibited development. See section 581 (Offence to carry out prohibited development).

Division 3 Approvals for IDAS

Subdivision 1 Preliminary

240Types of approval

The types of approval under this Act for IDAS are—
(a)a preliminary approval; and
(b)a development permit; and
(c)a compliance permit; and
(d)a compliance certificate.

Note—

See part 10 (Compliance stage) for provisions about compliance permits and compliance certificates.

Subdivision 2 Preliminary approvals

241Preliminary approvals

(1)A preliminary approval
(a)approves development, but does not authorise assessable development to take place; and
(b)approves development—
(i)to the extent stated in the approval; and
(ii)subject to the conditions of the approval.
(2)However, there is no requirement to get a preliminary approval for development.

Note—

See also section 245A.

s 241 amd 2017 No. 12 s 70

242Preliminary approval may affect a local planning instrument

(1)This section applies if—
(a)an applicant applies for a preliminary approval; and
(b)part of the application states the way in which the applicant seeks the approval to vary the effect of any local planning instrument for the land.
(2)Subsection (3) applies to the extent the application is for—
(a)development that is a material change of use; and
(b)the part mentioned in subsection (1)(b).
(3)If the preliminary approval approves the material change of use, the preliminary approval may, in addition to the things an approval may do under part 5, do either or both of the following for the material change of use or development relating to the material change of use—
(a)state that the development is—
(i)exempt development; or
(ii)self-assessable development; or
(iii)development requiring compliance assessment; or
(iv)assessable development requiring code or impact assessment, or both code and impact assessment;
(b)identify or include codes for the development.

Note—

For other things that a preliminary approval to which this section applies may do, see part 10 (Compliance stage).
(4)Subsection (5) applies to the extent the application is for—
(a)development other than a material change of use; and
(b)the part mentioned in subsection (1)(b).
(5)If the preliminary approval approves the development, the preliminary approval may, in addition to the things an approval may do under part 5, do either or both of the following for the development—
(a)state that the development is—
(i)exempt development; or
(ii)self-assessable development; or
(iii)development requiring compliance assessment; or
(iv)assessable development requiring code or impact assessment, or both code and impact assessment;
(b)identify or include codes for the development.
(6)To the extent the preliminary approval, by doing either or both of the things mentioned in subsection (3) or (5), is different from the local planning instrument, the approval prevails.
(7)However, subsection (3) or (5) no longer applies to development mentioned in subsection (3)(a) or (5)(a) when the first of the following happens—
(a)the development approved by the preliminary approval and authorised by a later development permit or compliance permit is completed;
(b)the time limit for completing the development ends.

Note—

For the time limit for completing development, see section 343 (When approval lapses if development started but not completed—preliminary approval).
(8)To the extent the preliminary approval is inconsistent with a regulation made under section 232(1), (2) or (3), the preliminary approval is of no effect.

s 242 amd 2012 No. 34s 33

Subdivision 3 Development permits

243Development permits

A development permit authorises assessable development to take place—
(a)to the extent stated in the permit; and
(b)subject to—
(i)the conditions of the permit; and
(ii)any preliminary approval relating to the development the permit authorises, including any conditions of the preliminary approval.

Note—

See also section 245A.

s 243 amd 2017 No. 12 s 71

Subdivision 4 Other matters about development approvals

244Development approval includes conditions

A development approval includes any conditions—
(a)imposed by the assessment manager; and
(b)that a concurrence agency has given in a response under section 285 or 290, or an amended response under section 290; and
(c)that the Minister has directed the assessment manager to attach to the approval under section 419; and
(d)that under another Act must be imposed on, or that apply to, the development approval.

Example for paragraph (d)—

The conditions taken to be imposed under the Building Act, chapter 4, part 5, division 1.

s 244 amd 2014 No. 33s 138

245Development approval attaches to land

(1)A development approval—
(a)attaches to the land the subject of the application to which the approval relates; and
(b)binds the owner, the owner’s successors in title and any occupier of the land.
(2)To remove any doubt, it is declared that subsection (1) applies even if later development, including reconfiguring a lot, is approved for the land or the land as reconfigured.

245ADevelopment permits for building work given by private certifiers

(1)This section applies to a development application for a development permit that—
(a)is for building work; and
(b)is made to a private certifier as assessment manager.
(2)Subsection (3) applies to the development application if any part of the building work requires impact assessment.
(3)A development permit given by the private certifier for the building work does not authorise the carrying out of the part requiring impact assessment, unless a relevant preliminary approval is in effect for the part.
(4)Subsection (5) applies to the development application if—
(a)any part of the building work must be assessed against a matter that is not a building assessment provision; and
(b)the matter is not within the jurisdiction of a referral agency.
(5)A development permit given by the private certifier for the building work does not authorise the carrying out of the part requiring assessment against the matter, unless a relevant preliminary approval is in effect for the part.
(6)This section applies despite sections 241(2) and 243.
(7)In this section—
relevant preliminary approval means a preliminary approval given by an entity other than a private certifier.

s 245A ins 2017 No. 12 s 72

Division 4 Assessment managers and referral agencies

Subdivision 1 Assessment managers

246Who is the assessment manager

(1)The assessment manager for an application is the entity prescribed under a regulation as the assessment manager for the application.
(2)Without limiting subsection (1), the regulation may state that the assessment manager for an application is the entity decided by the Minister.
(3)If, under the regulation, the assessment manager is to be decided by the Minister, the Minister may instead require the application to be split into 2 or more applications.

247Role of assessment manager

The assessment manager for an application administers and decides the application, but may not always assess all aspects of development for the application.

Note—

See section 312 (When assessment manager must not assess part of an application).

248Jurisdiction of local government as assessment manager for particular development

If a local government is the assessment manager for development not completely within the local government’s planning scheme area—
(a)sections 246(1) and 247 apply despite the Local Government Act, section 9 and the City of Brisbane Act, section 11; and
(b)to the extent the application is for development for prescribed tidal work, the local government has the jurisdiction to assess the application in addition to any other jurisdiction it may have for assessing the application.

s 248 amd 2012 No. 3s 69

249When assessment manager also has jurisdiction as concurrence agency

(1)If an entity is the assessment manager and has 1 or more jurisdictions as a concurrence agency, whether or not the jurisdiction has been devolved or delegated to the entity—
(a)the entity is not a concurrence agency; but
(b)the entity’s jurisdiction as assessment manager includes each jurisdiction the entity would have had as a concurrence agency.
(2)Despite subsection (1)(a), the entity’s fee under section 260(1)(d) for a development application is taken to include the fee that would have been payable under section 272(1)(c) for the application if the entity were a concurrence agency for the application.

s 249 amd 2010 No. 20s 6; 2014 No. 40s 70A

Subdivision 2 Referral agencies

250Who is an advice agency

An advice agency, for an application, is—
(a)an entity prescribed under a regulation as an advice agency for the application; or
(b)if the functions of the entity in relation to the application have been devolved or delegated to another entity—the other entity.

251Who is a concurrence agency

A concurrence agency, for an application, is—
(a)an entity prescribed under a regulation as a concurrence agency for the application; or
(b)if the functions of the entity in relation to the application have been devolved or delegated to another entity—the other entity.

252Who is a referral agency

A referral agency is an advice agency or a concurrence agency.

253[Repealed]

s 253 om 2012 No. 34s 34

254Jurisdiction of referral agencies for applications—generally

(1)A referral agency has, for assessing and responding to the part of an application giving rise to the referral, the jurisdiction or jurisdictions prescribed under a regulation.
(2)If 2 or more entities prescribed as referral agencies are the same entity (however called), the entities are taken to be a single referral agency with multiple jurisdictions.

255Concurrence agencies if Minister decides assessment manager

(1)This section applies if—
(a)the assessment manager for an application is decided by the Minister; and
(b)the Minister is satisfied 1 or more other entities, that are not concurrence agencies for the application, could have been the assessment manager for the application.
(2)The Minister may state that 1 or more of the entities are to be a concurrence agency for the application.
(3)An entity that becomes a concurrence agency under subsection (2) has the jurisdiction it would have had if it were the assessment manager.

Subdivision 2A Chief executive assessing particular applications as assessment manager or referral agency

sdiv hdg ins 2012 No. 34s 35

255AApplication requiring code assessment

(1)This section applies if—
(a)the chief executive is the assessment manager for an application; and
(b)any part of the application requires code assessment.
(2)For assessing the part of the application—
(a)section 313(2)(c), (4) and (5) does not apply; and
(b)the chief executive may have regard, and give the weight the chief executive is satisfied is appropriate, to the matters prescribed under a regulation.

s 255A ins 2012 No. 34s 35

255BApplication requiring impact assessment

(1)This section applies if—
(a)the chief executive is the assessment manager for an application; and
(b)any part of the application requires impact assessment.
(2)For assessing the part of the application—
(a)section 314(2)(c) does not apply; and
(b)the chief executive may have regard, and give the weight the chief executive is satisfied is appropriate, to the matters prescribed under a regulation.

s 255B ins 2012 No. 34s 35

255CChief executive assessing application as a referral agency

(1)This section applies if the chief executive is assessing an application as a referral agency.
(2)For assessing the application—
(a)section 282(1)(c) and (e) does not apply; and
(b)the chief executive may have regard, and give the weight the chief executive is satisfied is appropriate, to the matters prescribed under a regulation.

s 255C ins 2012 No. 34s 35

255DChief executive imposes conditions or recommends conditions be imposed on development approval

(1)Subsection (3) applies if the chief executive—
(a)is the assessment manager for an application and imposes a condition on the development approval; or
(b)is a concurrence agency for an application and, in a concurrence agency’s response given under section 285 or 290 or in an amended response given under section 290, tells the assessment manager that a condition must attach to the development approval; or
(c)is an advice agency for an application and, in an advice agency’s response given under section 291, makes a recommendation to the assessment manager about a condition that should attach to the development approval, and the assessment manager imposes the condition.
(2)Subsection (3) also applies if—
(a)the chief executive is a referral agency for a matter within the referral agency’s jurisdiction about a development; and
(b)the chief executive gives a referral agency’s response under section 271 before an application for the development is made that—
(i)if the chief executive is a concurrence agency—tells the assessment manager that a condition must attach to any development approval for the application; or
(ii)if the chief executive is an advice agency—makes a recommendation to the assessment manager about a condition that should attach to any development approval and the assessment manager imposes the condition on a development approval for the application; and
(c)the functions of the chief executive as a referral agency in relation to the application are lawfully devolved or delegated to the assessment manager.
(3)The chief executive may nominate an entity to be the assessing authority for the development to which the development approval relates for the administration and enforcement of a matter relating to the condition.
(4)If the chief executive nominates an entity under subsection (3), the chief executive must give the entity a written notice to that effect.

s 255D ins 2012 No. 34s 35

255ERelationship with other Acts

(1)This section applies to an application if—
(a)the chief executive is the assessment manager or a referral agency for the application; and
(b)had the application been made before the commencement of this section, an entity (a relevant entity) other than the local government would have been the assessment manager, or the referral agency, for the application; and
(c)another Act imposes requirements on the relevant entity assessing the application as the assessment manager or referral agency.
(2)If there is an inconsistency between this subdivision and the other Act, this subdivision prevails to the extent of the inconsistency.
(3)Subsection (2) applies despite express words or an implied intention to the contrary in the other Act.
(4)Without limiting subsections (2) and (3)—
(a)a provision of the other Act stating that matters referred to in that Act to which the relevant entity in assessing the application must or may have regard does not apply to the chief executive in assessing the application; and
(b)for assessing the application, the chief executive may under section 255A(2)(b), 255B(2)(b) or 255C(2)(b) have regard, and give the weight the chief executive considers appropriate, to the matters prescribed under a regulation for that section, despite any provision in the other Act that states the relevant entity must or may have regard to other particular matters.
(5)Subsection (6) applies if, under the other Act, a function is conferred on the relevant entity for assessing a matter as the assessment manager or a referral agency for the application.
(6)For assessing the matter—
(a)the function is conferred on the chief executive; and
(b)the chief executive may, but is not required to, have regard to the other Act’s purpose.
(7)If a provision of the other Act states that the relevant entity may impose particular conditions on any development approval for the application—
(a)the provision does not apply to the chief executive for imposing conditions on the development approval; but
(b)any condition the chief executive imposes on the development approval must comply with section 345.
(8)If a provision of the other Act states that the relevant entity would be, or would be taken to be, the assessment manager or a referral agency for assessing a matter for the application, the chief executive is, or is taken to be, the assessment manager or the referral agency for assessing the matter.
(9)Subsection (10) applies if a provision of the other Act (a stated provision) requires the applicant to give the relevant entity a document relating to the application.
(10)Despite the stated provision, the applicant must give the chief executive the document.
(11)Subsection (12) applies if, under the other Act, a function is conferred—
(a)on the relevant entity as the assessment manager or a referral agency for the application; and
(b)for an investigative or enforcement purpose.
(12)For the purpose, the relevant entity is taken to be the assessment manager or a referral agency for the application.
(13)This section does not apply to the Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 2 or the Sustainable Ports Development Act 2015.
(14)In this section—
application includes part of an application.
assessing, an application or a matter, includes deciding the application or the matter.
function includes power.
must have regard to includes must comply with.

s 255E ins 2012 No. 34s 35 (amd 2013 No. 23s 203C)

amd 2015 No. 28 s 54 sch 2

Subdivision 3 Additional third party advice or comment about applications

256Assessment manager or concurrence agency may seek advice or comment about application

(1)The assessment manager or a concurrence agency for an application may ask any person for advice or comment about the application at any stage of IDAS, other than the compliance stage.
(2)There is no particular way advice or comment may be asked for and received and the request may be by publicly notifying the application.
(3)To remove any doubt, it is declared that—
(a)asking for and receiving advice or comment does not extend any stage; and
(b)public notification under subsection (2) is not notification under part 4, division 2.

Division 5 Stages of IDAS

257Stages of IDAS

(1)IDAS involves the following possible stages—
application stage
information and referral stage
notification stage
decision stage
compliance stage.
(2)Not all stages, or all parts of a stage, apply to all applications.

Example—

An application for development approval for a factory requiring code assessment and a referral for workplace health and safety purposes involves 3 stages—the application, information and referral and decision stages.
(3)For development requiring compliance assessment only, the compliance stage is the only stage that applies to the development.

258[Repealed]

s 258 om 2012 No. 34s 36

Division 6 Giving notices electronically

div hdg prev div 6 hdg om 2012 No. 34s 36

pres div 6 hdg (prev div 7 hdg) renum 2012 No. 34s 37

259Giving notices using e-IDAS

(1)This section applies if, under the application stage, information and referral stage, notification stage or decision stage of IDAS, an entity (the first entity) is required to give another entity a notice in writing about an application made using e-IDAS.
(2)The first entity may comply with the requirement by electronically sending to the other entity, using e-IDAS, the information required to be given in the notice.

Part 2 Application stage

Division 1 Application process

Subdivision 1 Applying for development approvals

260Applying for development approval

(1)Each application must—
(a)be made to the assessment manager; and
(b)be in the approved form or made electronically under section 262(3); and
(c)be accompanied by any supporting information the approved form states is mandatory supporting information for the application; and
(d)be accompanied by—
(i)if the assessment manager is a local government—the fee for administering the application fixed by resolution of the local government; or
(ii)if the assessment manager is another public sector entity—the fee prescribed under a regulation under this or another Act; and

Note—

See also section 249(2).
(e)if, under section 263, the consent of the owner of the land the subject of the application is required for the making of the application—
(i)contain or be accompanied by the owner’s written consent; or
(ii)include a declaration by the applicant that the owner has given written consent to the making of the application.

Note—

A single application may be made for both a preliminary approval and a development permit.
(2)The approved form—
(a)must contain a mandatory requirements part; and
(b)may make provision for mandatory supporting information for the application.
(3)In making an application, the applicant must give the information required under the mandatory requirements part of the approved form.

s 260 amd 2012 No. 34s 38; 2014 No. 40s 70B

261When application is a properly made application

(1)An application is a properly made application only if—
(a)either—
(i)the application complies with section 260(1) and (3); or
(ii)the assessment manager for the application—
(A)is satisfied the application complies with section 260(1)(a), (b), (d) and (e) and (3); and
(B)receives and, after considering any noncompliance with section 260(1)(c), accepts the application; and
(b)if the application is taken, under the Environmental Protection Act, section 115, to also be an application for an environmental authority—the application complies with the Environmental Protection Act, section 125, as if a reference to—
(i)the application were a reference to the development application; and
(ii)the applicant were a reference to the applicant for the development application.
(2)Despite subsection (1)(b), the Environmental Protection Act, section 125(1)(a) and (b) does not apply to the application.

s 261 amd 2012 No. 34s 39

sub 2012 No. 16s 65 (amd 2012 No. 34s 8)

262Special provision about electronic applications

(1)The chief executive may approve an electronic system to send and receive electronic communications for carrying out actions involved in IDAS.
(2)The electronic system approved by the chief executive under subsection (1) is called e-IDAS.
(3)If an applicant can use e-IDAS for making an application—
(a)the application may be made by electronically sending to the assessment manager, using e-IDAS, the information required in the approved form for the application in the format provided for under e-IDAS; and
(b)electronic communications for carrying out actions involved in IDAS may be made using e-IDAS.
(4)Subsection (5) applies if—
(a)an applicant uses e-IDAS for making an application; and
(b)an action required to be taken under IDAS for the application has not been taken by the end of the last day for taking the action; and
(c)e-IDAS does not operate for any period on the last day.
(5)The person required to take the action may extend the period for taking the action under IDAS by not more than 2 business days after the end of the day on which e-IDAS begins to operate again by—
(a)taking the action within 2 business days after the end of that day; and
(b)giving each other party to the application written notice of the extension at the same time as the action is taken using e-IDAS.
(6)If a person acts under subsection (5), the period for taking the action under IDAS is extended until the time the action is taken using e-IDAS and the notice is given.
(7)In this section—
party, to an application, means each of the following—
(a)the applicant;
(b)the assessment manager;
(c)any referral agency to which the action required to be taken relates.

263When owner’s consent is required for application

(1)The consent of the owner of the land the subject of an application is required for its making if the application is for—
(a)a material change of use of premises or reconfiguring a lot; or
(b)work on land below high-water mark and outside a canal as defined under the Coastal Protection and Management Act 1995; or
(c)work on rail corridor land as defined under the Transport Infrastructure Act.
(2)Despite subsection (1)—
(a)to the extent the land the subject of the application has the benefit of an easement, and the development is not inconsistent with the terms of the easement, the consent of the owner of the servient tenement is not required; and
(b)the consent of the owner of the land is not required to the extent—
(i)the land the subject of the application is acquisition land; and
(ii)the application relates to the purpose for which the land is to be taken or acquired.

s 263 amd 2012 No. 34s 40

264[Repealed]

s 264 om 2012 No. 34s 41

265Approved material change of use required for particular developments

(1)This section applies if, at the time an application for a development permit is made—
(a)a structure or works, the subject of the application, may not be used unless a development permit exists for the material change of use of premises for which the structure is, or works are, proposed; and
(b)there is no development permit for the change of use; and
(c)approval for the material change of use has not been applied for in the application or a separate application.
(2)The application is taken also to be for the change of use.

Subdivision 2 Notices about receipt of applications

266Notice about application that is not a properly made application

(1)If the application is not a properly made application, the assessment manager must give the applicant a notice stating—
(a)that the application is not a properly made application; and
(b)the reasons the assessment manager is satisfied the application is not a properly made application; and
(c)the action the assessment manager is satisfied the applicant must take for the application to comply with section 261.
(2)The assessment manager must give the applicant the notice within 10 business days after the assessment manager receives the application.
(3)If the applicant does not take the action mentioned in subsection (1)(c) within 20 business days after receiving the notice, or the further period agreed between the assessment manager and the applicant—
(a)the application lapses; and
(b)the assessment manager must as soon as practicable—
(i)return the application to the applicant, other than any part of the application made electronically; and
(ii)refund to the applicant the fee mentioned in section 260(1)(d) that accompanied the application, less a reasonable fee, if any, decided by the assessment manager for processing the application.

267Notice about properly made application

(1)This section applies if the application is a properly made application.
(2)The assessment manager must give the applicant a notice (the acknowledgement notice) unless—
(a)the application relates to development that requires code assessment only; and
(b)there are no referral agencies, or all referral agencies have stated in writing that they do not require the application to be referred to them under the information and referral stage.
(3)The acknowledgement notice must be given to the applicant within 10 business days after the assessment manager receives the properly made application (the acknowledgement period).

268Content of acknowledgement notice

The acknowledgement notice must state the following—
(a)the type of approval applied for;
(b)which of the following aspects of development the application seeks a development approval for—
(i)carrying out building work;
(ii)carrying out plumbing or drainage work;
(iii)carrying out operational work;
(iv)reconfiguring a lot;
(v)making a material change of use of premises;
(c)whether an aspect of the development applied for requires code assessment, and if so, the names of all the codes the assessment manager considers to be applicable codes for the development;
(d)whether an aspect of the development applied for requires impact assessment, and if so, the public notification requirements;
(e)the name and address of each referral agency for the application, and whether the referral agency is an advice or concurrence agency;
(f)if the assessment manager does not intend to make an information request under section 276—the assessment manager does not intend to make an information request;
(g)if there are referral agencies for the application—the application will lapse unless the applicant gives to each referral agency the referral agency material within the period mentioned in section 272(2).

Division 2 End of application stage

269When does application stage end

The application stage for a properly made application ends—
(a)if the application is an application that requires an acknowledgement notice to be given—the day the acknowledgement notice is given; or
(b)if the application is an application that does not require an acknowledgement notice to be given—the day the properly made application was received.

Part 3 Information and referral stage

Division 1 Preliminary

270Purpose of information and referral stage

The information and referral stage for an application—
(a)gives the assessment manager and any concurrence agencies the opportunity to ask the applicant for further information needed to assess the application; and
(b)gives concurrence agencies the opportunity to exercise their concurrence powers; and
(c)gives the assessment manager the opportunity to receive advice about the application from referral agencies.

271Referral agency responses before application is made

(1)Nothing in this Act stops a referral agency from giving a referral agency’s response on a matter within its jurisdiction about a development before an application for the development is made to the assessment manager.
(2)However, a referral agency is not obliged to give a referral agency’s response mentioned in subsection (1) before the application is made.
(3)If a concurrence agency gives a referral agency’s response before an application for the development is made to the assessment manager, the applicant must, if asked by the concurrence agency, give the concurrence agency the agency’s application fee mentioned in section 272(1)(c).

Division 2 Giving material to referral agencies

272Applicant gives material to referral agency

(1)The applicant must give each referral agency the following things (the referral agency material)—
(a)a copy of the application, unless the referral agency already has a copy;
(b)a copy of the acknowledgement notice, unless the referral agency was the entity that gave the notice;
(c)if the referral agency is a concurrence agency—
(i)generally—the agency’s application fee prescribed under a regulation under this or another Act; or
(ii)if the functions of the concurrence agency in relation to the application have been devolved or delegated to a local government, the fee that is, by resolution, adopted by the local government.
(2)The referral agency material must be given to all referral agencies within—
(a)20 business days after the applicant receives the acknowledgement notice; or
(b)the further period agreed between the assessment manager and the applicant.
(3)However, the applicant need not give a referral agency the referral agency material if—
(a)the applicant gave the assessment manager a copy of the referral agency’s response mentioned in section 271(1) with the application; and
(b)the referral agency’s response states that—
(i)the agency does not require a referral under this section; or
(ii)the agency does not require a referral under this section if any conditions, including a time limit within which the application must be made, stated in the response are satisfied; and
(c)any conditions mentioned in paragraph (b)(ii) are satisfied.
(4)The assessment manager may, if asked by the applicant, give the referral agency material to a referral agency on behalf of the applicant for a fee, not more than the assessment manager’s reasonable costs of giving the material.
(5)To the extent the functions of a referral agency in relation to the application have been lawfully devolved or delegated to the assessment manager, subsections (1) to (4), other than subsection (1)(c), do not apply.

273Lapsing of application if material not given

(1)The application lapses if the applicant does not comply with section 272.
(2)However, if the application is revived under section 274(1), the application lapses if the applicant does not comply with section 274(2).

274When application taken not to have lapsed

(1)An application that, other than for this section, would lapse under section 273(1) is revived if, within 5 business days after the application would otherwise have lapsed, the applicant gives the assessment manager written notice that the applicant seeks to revive the application.
(2)If the application is revived under subsection (1), the applicant must comply with section 272 before the end of—
(a)5 business days after giving the notice mentioned in subsection (1); or
(b)the further period agreed between the assessment manager and the applicant.
(3)If the application is revived under subsection (1), for the purpose of the IDAS process the application is taken not to have lapsed under section 273(1).

275Applicant to advise assessment manager when material given

(1)After complying with section 272, the applicant must give the assessment manager written notice of the day the applicant gave each referral agency the referral agency material.
(2)To the extent the functions of a referral agency in relation to the application have been lawfully devolved or delegated to the assessment manager, subsection (1) does not apply.

Division 3 Information requests

276Information request to applicant

(1)The assessment manager and each concurrence agency may ask the applicant, by written request (an information request), to give further information needed to assess the application.
(2)A concurrence agency may only ask for information about a matter that is within its jurisdiction.
(3)An information request must state that the application will lapse unless the applicant gives the assessment manager or concurrence agency a response under section 278.
(4)If the assessment manager makes the request, the request must be made—
(a)for an application requiring an acknowledgement notice to be given—within 10 business days after giving the acknowledgement notice (the information request period); and
(b)for an application that does not require an acknowledgement notice to be given—within 10 business days after the day the properly made application was received (also the information request period).
(5)If a concurrence agency makes the request—
(a)the request must be made within 10 business days after the agency’s referral day (also the information request period); and
(b)the concurrence agency must—
(i)give the assessment manager a copy of the request; and
(ii)advise the assessment manager of the day the request was made.
(6)Without limiting subsection (1), an assessment manager or concurrence agency may, within the limits of their jurisdiction, include in an information request advice to the applicant about how the applicant may change the application.

277Extending information request period

(1)The assessment manager or a concurrence agency may, by written notice given to the applicant and without the applicant’s agreement, extend the information request period by not more than 10 business days.
(2)Only 1 notice may be given by each entity under subsection (1) and the notice must be given before the entity’s information request period ends.
(3)The information request period may be further extended if the applicant, at any time, gives written agreement to the extension.
(4)If the information request period is extended for a concurrence agency, the concurrence agency must advise the assessment manager of the extension.

278Applicant responds to any information request

(1)If the applicant receives an information request from the assessment manager or a concurrence agency (the requesting authority), the applicant must respond by giving the requesting authority—
(a)all of the information requested; or
(b)part of the information requested together with a written notice asking the requesting authority to proceed with the assessment of the application; or
(c)a written notice—
(i)stating that the applicant does not intend to supply any of the information requested; and
(ii)asking the requesting authority to proceed with the assessment of the application.
(2)If the requesting authority is a concurrence agency, the applicant must also give a copy of the applicant’s response to the assessment manager.

279Lapsing of application if no response to information request

(1)The application lapses if the applicant does not comply with section 278 within—
(a)for an application required by an enforcement notice or in response to a show cause notice—3 months after receiving the information request (the response period) or the further period agreed between the applicant and the entity making the information request; or
(b)for any other application—6 months after receiving the information request (also the response period) or the further period agreed between the applicant and the entity making the information request.
(2)However, if the application is revived under section 280(1), the application lapses if the applicant does not comply with section 280(2).
(3)Subsection (4) applies if—
(a)the applicant asks the entity making the information request to agree to extend the response period; and
(b)the entity does not respond to the request until 5 business days before the response period ends, or later; and
(c)the entity does not agree to the extension.
(4)The response period does not end until 10 business days after the response, advising that the entity does not agree to the extension, is received.
(5)The entity making the information request must not unreasonably refuse to extend the response period.

280When application taken not to have lapsed

(1)An application that, other than for this section, would lapse under section 279(1) is revived if, within 5 business days after the application would otherwise have lapsed, the applicant gives the assessment manager and the concurrence agency that made the information request written notice that the applicant seeks to revive the application.
(2)If an application is revived under subsection (1), the applicant must comply with section 278 before the end of—
(a)5 business days after giving the notice mentioned in subsection (1); or
(b)the further period agreed between the assessment manager and the applicant.
(3)If the application is revived under subsection (1), for the purpose of the IDAS process the application is taken not to have lapsed under section 279(1).

281Referral agency to advise assessment manager of response

Each referral agency must, after receiving the applicant’s response, advise the assessment manager of the day of the applicant’s response under section 278.

Division 4 Referral agency assessment

Subdivision 1 Assessment generally

282Referral agency assesses application

(1)Each referral agency must, to the extent relevant to the development and within the limits of its jurisdiction, assess the application against each of the following—
(a)the State planning regulatory provisions applied by the referral agency;
(b)the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;
(c)for a concurrence agency—any applicable concurrence agency codes that are identified as a code for IDAS in this or another Act;
(d)State planning policies applied by the referral agency, to the extent the policies are not identified in—
(i)any relevant regional plan as being appropriately reflected in the regional plan; or
(ii)the planning scheme as being appropriately reflected in the planning scheme;
(e)the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, the referral agency.

Note—

However, if the chief executive is a referral agency for the application, see section 255C.
(2)Also, each referral agency must, to the extent relevant to the development and within the limits of its jurisdiction, assess the application having regard to each of the following—
(a)the State planning regulatory provisions not applied by the referral agency;
(b)State planning policies not applied by the referral agency, to the extent the policies are not identified in—
(i)any relevant regional plan as being appropriately reflected in the regional plan; or
(ii)the planning scheme as being appropriately reflected in the planning scheme;
(c)a temporary local planning instrument for the planning scheme area;
(d)the planning scheme;
(e)if the land to which the application relates is designated land—its designation;
(f)to the extent the referral agency’s jurisdiction involves the assessment of the cost impacts of supplying infrastructure for development under chapter 8, part 2, division 2, subdivision 2 or part 3—any relevant charges resolution.
(3)Despite subsections (1) and (2) a referral agency—
(a)may give the weight it considers appropriate to any planning instruments, laws, policies, codes and resolutions, of the type mentioned in subsection (1) or (2), coming into effect after the application was made, but before the agency’s referral day; but
(b)must disregard any planning scheme or temporary local planning instrument for the planning scheme area if the referral agency’s jurisdiction is limited to considering the effect of the building assessment provisions on building work.

s 282 amd 2011 No. 17s 11; 2012 No. 34s 42; 2014 No. 36s 56sch 1

283Referral agency’s assessment period

(1)The period a referral agency has to assess the application (the referral agency’s assessment period) is—
(a)the number of business days, starting on the day immediately after the agency’s referral day and being less than 30 business days, prescribed under a regulation; or
(b)if there is no regulation under paragraph (a)—30 business days, starting on the day after the agency’s referral day.
(2)A referral agency’s assessment period includes the information request period.
(3)The referral agency’s assessment period mentioned in subsection (1) applies even if there is no information request period for the application because an EIS is required.
(4)The referral agency’s assessment period does not include—
(a)any extension for giving an information request; or
(b)any period in which the agency is waiting for a response to an information request.

284Extending referral agency’s assessment period

(1)A concurrence agency may, by written notice given to the applicant and without the applicant’s agreement, extend its referral agency’s assessment period by not more than—
(a)if a regulation under section 283(1)(a) has prescribed the referral agency’s assessment period—the number of business days, being less than 20 business days, prescribed under a regulation; or
(b)if paragraph (a) does not apply—20 business days.
(2)A notice under subsection (1) may be given only before the referral agency’s assessment period ends.
(3)The referral agency’s assessment period may be further extended, including for the purpose of providing further information to the referral agency, if the applicant, before the period ends, gives written agreement to the extension.
(4)If the referral agency’s assessment period is extended for a concurrence agency, the agency must advise the assessment manager of the extension.

Subdivision 2 Concurrence agency responses

285When concurrence agency must give response for particular matters

(1)Subsection (2) applies if a concurrence agency—
(a)wants the assessment manager to include concurrence agency conditions in the development approval, or to refuse the application; or
(b)under this Act, requires the assessment manager to do something else in relation to the application.
(2)The concurrence agency must give its response (a concurrence agency’s response) to the assessment manager, and give a copy of its response to the applicant, before the referral agency’s assessment period for the application and any extension of that period ends.

Note—

Under section 271, a referral agency may give a referral agency’s response about development before an application for the development is made.

286Effect if concurrence agency does not give response

(1)If a concurrence agency does not give a response under section 285, the assessment manager must decide the application as if the agency had assessed the application and had no concurrence agency requirements.
(2)However, the concurrence agency’s response is taken to be a refusal of the application if—
(a)the application is a building development application; and
(b)the concurrence agency is the local government; and
(c)the matter being decided by the concurrence agency is a matter other than assessing the amenity and aesthetic impact of a building or structure; and
(d)the concurrence agency does not give a response under section 285.

287Concurrence agency’s response powers

(1)A concurrence agency’s response may, within the limits of the concurrence agency’s jurisdiction, tell the assessment manager 1 or more of the following—
(a)the conditions that must attach to any development approval;
(b)that any approval must be for part only of the development;
(c)that any approval must be a preliminary approval only;
(d)a different period for section 341(1)(b), (2)(c) or (3)(b).
(2)Alternatively, a concurrence agency’s response must, within the limits of the concurrence agency’s jurisdiction, tell the assessment manager—
(a)the concurrence agency has no requirements relating to the application; or
(b)to refuse the application.
(3)However, subsection (2)(b) does not apply to the extent a concurrence agency’s jurisdiction is about the assessment of the cost impacts of supplying infrastructure to development.
(4)Subsection (5) applies if a concurrence agency’s response is about the part of an application for a preliminary approval mentioned in section 242 that states the way in which the applicant seeks approval to vary the effect of any applicable local planning instrument for the land.
(5)The concurrence agency’s response may, within the limits of the concurrence agency’s jurisdiction, tell the assessment manager in relation to the part of the application—
(a)that the concurrence agency has no requirements relating to the part of the application; or
(b)if an approval is given, to do any of the following—
(i)approve only some of the variations sought;
(ii)subject to section 242(3) and (5)—approve different variations from those sought; or
(c)to refuse the variations sought.
(6)A concurrence agency’s response may also offer advice to the assessment manager about the application.

288Limitation on concurrence agency’s power to refuse application

(1)To the extent a concurrence agency’s jurisdiction is about assessing the effects of development on designated land, the concurrence agency may only tell the assessment manager to refuse the application if—
(a)the concurrence agency is satisfied the development would compromise the intent of the designation; and
(b)the intent of the designation could not be achieved by imposing conditions on the development approval.
(2)To the extent a local government’s concurrence agency jurisdiction is about assessing the amenity and aesthetic impact of a building or structure, the concurrence agency may only tell the assessment manager to refuse the application if the concurrence agency considers—
(a)the building or structure, when built, will have an extremely adverse effect on the amenity or likely amenity of its neighbourhood; or
(b)the aesthetics of the building or structure, when built, will be in extreme conflict with the character of its neighbourhood.

289Concurrence agency’s response to include reasons for refusal or conditions

(1)If a concurrence agency’s response, other than a refusal taken to have been given under section 286(2), requires an application to be refused or requires a development approval to include conditions, the response must include reasons for the refusal or inclusion.
(2)If—
(a)a concurrence agency’s response is for the part of an application for a preliminary approval mentioned in section 242 that states the way in which the applicant seeks approval to vary the effect of any applicable local planning instrument for the land; and
(b)the response requires the assessment manager to take an action mentioned in section 287(5)(b) or to refuse the variations sought;

the response must include reasons for the requirement.

290How a concurrence agency may change its response or give late response

(1)Despite section 285, a concurrence agency may, after its referral agency’s assessment period and any extension of that period ends but before the application is decided—
(a)give a response (a concurrence agency’s response) if the applicant has given written agreement to the content of the response or the Minister has given the concurrence agency a direction under section 420; or
(b)amend its response if—
(i)the applicant has given written agreement to the amended response or the Minister has given the concurrence agency a direction under section 420; or
(ii)the amended response relates directly to a change made to a development application in response to an information request or a matter raised in a properly made submission for the application.
(2)If a concurrence agency proposes to amend a response under subsection (1)(b)(ii), the concurrence agency must give written notice of the proposal to the assessment manager and the applicant within 5 business days after receiving notice of the change under section 352.
(3)The assessment manager must not decide the application until the first of the following happens—
(a)the assessment manager receives a copy of the amended response;
(b)the end of 10 business days after the notice is given under subsection (2).
(4)If a concurrence agency gives or amends a response under subsection (1), the concurrence agency must give—
(a)to the assessment manager—the response or the amended response and a copy of any agreement under subsection (1)(a) or (b)(i); and
(b)to the applicant—a copy of the response or the amended response.

Subdivision 3 Advice agency responses

291When advice agency must give response for particular matters

(1)Subsection (2) applies if an advice agency wants the assessment manager to consider its advice or recommendations when assessing the application.
(2)The advice agency must give its response (an advice agency’s response) to the assessment manager, and give a copy of its response to the applicant, before the referral agency’s assessment period for the application and any extension of that period ends.

Note—

Under section 271, a referral agency may give a referral agency’s response about development before an application for the development is made.

292Advice agency’s response powers

(1)An advice agency’s response may, within the limits of the advice agency’s jurisdiction, make a recommendation to the assessment manager about any aspect of the application relevant to the assessment manager’s decision on the application, including, for example—
(a)the conditions that should attach to any development approval; and
(b)that any approval should be for part only of the application; and
(c)that any approval should be a preliminary approval only.
(2)Alternatively, an advice agency’s response may, within the limits of the advice agency’s jurisdiction, advise the assessment manager that—
(a)the advice agency has no recommendations relating to the application; or
(b)it should refuse the application.
(3)An advice agency’s response may also tell the assessment manager to treat the response as a properly made submission.

Division 5 End of information and referral stage

293When does information and referral stage end

(1)If there are no referral agencies for the application, the information and referral stage ends when—
(a)the assessment manager states in the acknowledgement notice that it does not intend to make an information request; or
(b)if a request has been made—the applicant has finished responding to the request; or
(c)if neither paragraph (a) nor paragraph (b) applies—the assessment manager’s information request period has ended.
(2)If there are referral agencies for the application, the information and referral stage ends when—
(a)the assessment manager has received the notice from the applicant under section 275; and
(b)an action mentioned in subsection (1)(a) or (b) has happened or the assessment manager’s information request period has ended; and
(c)all referral agency’s responses have been received by the assessment manager or, if all the responses have not been received, all referral agency’s assessment periods have ended.

Part 4 Notification stage

Division 1 Preliminary

294Purpose of notification stage

The notification stage gives a person—
(a)the opportunity to make submissions, including objections, that must be taken into account before an application is decided; and
(b)the opportunity to secure the right to appeal to the court about the assessment manager’s decision.

295When notification stage applies

(1)The notification stage applies to an application if either of the following applies—
(a)any part of the application requires impact assessment;
(b)the application is an application to which section 242 applies.
(2)Subsection (1) applies even if—
(a)code assessment is required for another part of the application; or
(b)a concurrence agency advises the assessment manager it requires the application to be refused.
(3)However, subsection (1)(b) does not apply if—
(a)a preliminary approval to which section 242 applies has been given for land; and
(b)the application does not seek to change the type of assessment for the development or, if it does, it seeks only 1 or both of the following—
(i)to change development requiring code assessment to self-assessable development or development requiring compliance assessment;
(ii)to increase the level of assessment for development; and
(c)a code proposed as part of the application is substantially consistent with a code in the preliminary approval.
(4)However, this part does not apply for an application to which chapter 9, part 7 applies.

Note—

See chapter 9 (Miscellaneous), part 7 (Notification stage for particular aquaculture development) for the notification stage that applies for development applications to which that part applies.

296When notification stage can start

(1)If there are no concurrence agencies and the assessment manager has stated in the acknowledgement notice that the assessment manager does not intend to make an information request, the applicant may start the notification stage as soon as the acknowledgement notice is given.
(2)If no information requests have been made during the last information request period, the applicant may start the notification period as soon as the last information request period ends.
(3)If an information request has been made during the information request period, the applicant may start the notification period as soon as the applicant gives—
(a)all information request responses to all information requests made; and
(b)copies of the responses to the assessment manager.

Division 2 Public notification

297Applicant or assessment manager to give public notice of application

(1)The applicant or, with the applicant’s written agreement, the assessment manager must—
(a)publish a notice at least once in a newspaper circulating generally in the locality of the land; and
(b)place a notice on the land in the way prescribed under a regulation; and
(c)give a notice to the owners of all land adjoining the land.
(2)If the assessment manager carries out notification for the applicant, the assessment manager may require the applicant to pay a fee, of not more than the assessment manager’s reasonable costs for carrying out the notification.
(3)For subsection (1)(c), roads, land below high-water mark and the beds and banks of rivers are taken not to be adjoining land.
(4)In this section—
owner, for land adjoining the land the subject of the application, means—
(a)if the adjoining land is subject to the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985—the primary thoroughfare body corporate; or
(b)if the adjoining land is subject to the Mixed Use Development Act 1993—the community body corporate; or
(c)subject to paragraphs (a) and (b), if the adjoining land is subject to the Building Units and Group Titles Act 1980—the body corporate; or
(d)if the adjoining land is, under the Body Corporate and Community Management Act 1997, scheme land for a community titles scheme—
(i)the body corporate for the scheme; or
(ii)if the adjoining land is scheme land for more than 1 community titles scheme—the body corporate for the community titles scheme that is a principal scheme; or
(e)if there is a time share scheme, as defined under the Local Government Act, for a structure on the adjoining land—the person notified to the local government concerned as the person responsible for the administration of the scheme as between the participants in the scheme; or
(f)if the adjoining land is land being bought from the State for an estate in fee simple under the Land Act 1994—the buyer; or
(g)if the adjoining land is land granted in trust or reserved and set apart and placed under the control of trustees under the Land Act 1994—the trustees of the land; or
(h)if paragraphs (a) to (g) do not apply—the person for the time being entitled to receive the rent for the land or who would be entitled to receive the rent if the land were let to a tenant at a rent.

298Notification period for applications

(1)The notification period for the application must be at least—
(a)30 business days starting on the day after the last action under section 297(1) is carried out, if any of the following apply for the application—
(i)there are 3 or more concurrence agencies;
(ii)all or part of the development—
(A)is assessable under a planning scheme; and
(B)is prescribed under a regulation for this subparagraph;
(iii)all or part of the development is the subject of an application for a preliminary approval mentioned in section 242; or
(b)if paragraph (a) does not apply—15 business days starting on the day after the last action under section 297(1) is carried out.
(2)The notification period must not include any business day from 20 December in a particular year to 5 January in the following year, both days inclusive.

299Requirements for particular notices

(1)The notices mentioned in section 297(1) must be in the approved form.
(2)The notice placed on the land must remain on the land for all of the notification period.
(3)All actions mentioned in section 297(1) must be completed within 5 business days after the first of the actions is carried out.
(4)A regulation may prescribe different notification requirements for an application for development on land located—
(a)outside any local government area; or
(b)within a local government area but in a location where compliance with section 297(1) would be unduly onerous or would not give effective public notice.

300Applicant to give assessment manager notice about particular matters

If the applicant carries out notification, the applicant must, within 5 business days after the day the last of the actions mentioned in section 297(1) is carried out, give the assessment manager written notice of the day the last of the actions is carried out.

301Notice of compliance to be given to assessment manager

If the applicant carries out notification, the applicant must, within 20 business days after the notification period ends, give the assessment manager written notice that the applicant has complied with the requirements of this division.

302Application lapses if notification not carried out or notice of compliance not given

(1)An application to which the notification stage applies lapses if—
(a)the last action under section 297(1) is not carried out before the end of 20 business days after the applicant was entitled to start the notification stage or the further period agreed between the assessment manager and the applicant; or
(b)the applicant has not complied with section 301 within the period stated in the section or the further period agreed between the assessment manager and the applicant.
(2)However, if the application is revived under section 303(1), the application lapses if the applicant does not comply with—
(a)if subsection (1)(a) applies to the application—section 303(2); or
(b)if subsection (1)(b) applies to the application—section 303(3).

303When application taken not to have lapsed

(1)An application that, other than for this section, would lapse under section 302(1) is revived if, within 5 business days after the application would otherwise have lapsed, the applicant gives the assessment manager written notice that the applicant seeks to revive the application.
(2)If the application is revived under subsection (1) and section 302(1)(a) applies to the application, the applicant must, within 10 business days after giving the notice under subsection (1) or the further period agreed between the assessment manager and the applicant, carry out the actions under section 297(1).
(3)If the application is revived under subsection (1) and section 302(1)(b) applies to the application, the applicant must, within 5 business days after giving the notice under subsection (1) or the further period agreed between the assessment manager and the applicant, comply with section 301.
(4)If the application is revived under subsection (1), for the purpose of the IDAS process the application is taken not to have lapsed under section 302(1).

304Assessment manager may assess and decide application if some requirements not complied with

(1)Despite section 301, the assessment manager may assess and decide an application even if some of the requirements of this division have not been complied with, if the assessment manager is satisfied any noncompliance has not—
(a)adversely affected the awareness of the public of the existence and nature of the application; or
(b)restricted the opportunity of the public to make properly made submissions.
(2)However, the assessment manager can not assess and decide an application that has lapsed and has not been revived under this division.

Division 3 Submissions about applications

305Making submissions

(1)During the notification period, any person other than the applicant or a concurrence agency may make a submission to the assessment manager about the application.
(2)The assessment manager must accept a submission if the submission is a properly made submission.
(3)However, the assessment manager may accept a written submission even if the submission is not a properly made submission.
(4)If the assessment manager has accepted a submission, the person who made the submission may, by written notice—
(a)amend the submission during the notification period; or
(b)withdraw the submission at any time before a decision about the application is made.

306Submissions made during notification period effective for later notification period

(1)This section applies if—
(a)a person makes a submission under section 305(1) and the submission is a properly made submission or the assessment manager accepts the submission under section 305(3); and
(b)the notification stage for the application is repeated for any reason.
(2)The properly made submission is taken to be a properly made submission for the later notification period and the submitter may, by written notice—
(a)amend the submission during the later notification period; or
(b)withdraw the submission at any time before a decision about the application is made.
(3)The submission the assessment manager accepted under section 305(3) is taken to be part of the common material for the application unless the person who made the submission withdraws the submission before a decision is made about the application.

Division 4 End of notification stage

307When does notification stage end

The notification stage ends—
(a)if notification is carried out by the applicant—when the assessment manager receives the written notice mentioned in section 301; or
(b)if notification is carried out by the assessment manager for the applicant—when the notification period ends.

Part 5 Decision stage

Division 1 Preliminary

308Assessment necessary even if concurrence agency refuses application

This part applies even if a concurrence agency advises the assessment manager the concurrence agency requires the application to be refused.

309When does decision stage start

(1)If an acknowledgement notice for an application is required, the decision stage for the application starts the day after all other stages applying to the application, other than the compliance stage, have ended.
(2)If subsection (1) does not apply to an application, the decision stage for the application starts—
(a)if an information request has been made about the application—the day the applicant responds to the information request; or
(b)if an information request has not been made about the application—the day the properly made application was received.
(3)However, the assessment manager may start assessing the application before the start of the decision stage.

310Effect on decision stage if action taken under Native Title Act (Cwlth)

(1)This section applies if an assessment manager takes action under the Native Title Act 1993 (Cwlth), section 24HA or 24KA.
(2)If the assessment manager takes the action before the decision stage starts, the decision stage does not start until the action is completed.
(3)If the assessment manager takes the action after the decision stage has started, the decision stage stops the day after the action is taken and starts again the day after the action is completed.

Division 2 Assessment process

311References in div 2 to planning instrument, code, law or policy

In this division, other than section 317, a reference to a planning instrument, code, law or policy is a reference to a planning instrument, code, law or policy in effect when the application was properly made.

312When assessment manager must not assess part of an application

(1)This section applies to the part of an application (the coordinated part) for which, were it a separate development application, there would be a different assessment manager.
(2)Despite sections 313 to 315, the assessment manager must not assess the development the subject of the coordinated part.

313Code assessment—generally

(1)This section applies to any part of the application requiring code assessment.
(2)The assessment manager must assess the part of the application against each of the following matters or things to the extent the matter or thing is relevant to the development—
(a)the State planning regulatory provisions;
(b)the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;
(c)any applicable codes, other than concurrence agency codes the assessment manager does not apply, that are identified as a code for IDAS under this or another Act;

Note—

However, if the chief executive is the assessment manager for the application, see section 255A.
(d)State planning policies, to the extent the policies are not identified in—
(i)any relevant regional plan as being appropriately reflected in the regional plan; or
(ii)the planning scheme as being appropriately reflected in the planning scheme;
(e)any applicable codes in the following instruments—
(i)a temporary local planning instrument;
(ii)a preliminary approval to which section 242 applies;
(iii)a planning scheme;
(f)if the assessment manager is an infrastructure provider—the provider’s LGIP, if any.

Note—

See chapters 2 and 3 for particular provisions about the relationship between the matters or things mentioned in subsection (2).
(3)In addition to the matters or things against which the assessment manager must assess the application under subsection (2), the assessment manager must assess the part of the application having regard to the following—
(a)the common material;
(b)any development approval for, and any lawful use of, premises the subject of the application or adjacent premises;
(c)any referral agency’s response for the application;
(d)the purposes of any instrument containing an applicable code.
(4)If the assessment manager is not a local government, the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, the assessment manager and that are relevant to the application, are taken to be applicable codes in addition to the applicable codes mentioned in subsection (2)(c) or (e).
(5)The assessment manager must not assess the application against, or having regard to, anything other than a matter or thing mentioned in this section.
(6)Subsection (2)(a), (b) and (d) does not apply for the part of an application involving assessment against the Building Act.

s 313 amd 2011 No. 17s 12; 2012 No. 34s 43; 2014 No. 36s 56sch 1; 2014 No. 61s 81C

314Impact assessment—generally

(1)This section applies to any part of the application requiring impact assessment.
(2)The assessment manager must assess the part of the application against each of the following matters or things to the extent the matter or thing is relevant to the development—
(a)the State planning regulatory provisions;
(b)the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;
(c)if the assessment manager is not a local government—the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, the assessment manager and that are relevant to the application;

Note—

However, if the chief executive is the assessment manager for the application, see section 255B.
(d)State planning policies, to the extent the policies are not identified in—
(i)any relevant regional plan as being appropriately reflected in the regional plan; or
(ii)the planning scheme as being appropriately reflected in the planning scheme;
(e)a temporary local planning instrument;
(f)a preliminary approval to which section 242 applies;
(g)a planning scheme;
(h)for development not in a planning scheme area—any planning scheme or temporary local planning instrument for a planning scheme area that may be materially affected by the development;
(i)if the assessment manager is an infrastructure provider—the provider’s LGIP, if any.

Note—

See chapters 2 and 3 for particular provisions about the relationship between the matters or things mentioned in subsection (2).
(3)In addition to the matters or things against which the assessment manager must assess the application under subsection (2), the assessment manager must assess the part of the application having regard to the following—
(a)the common material;
(b)any development approval for, and any lawful use of, premises the subject of the application or adjacent premises;
(c)any referral agency’s response for the application.

s 314 amd 2011 No. 17s 13; 2012 No. 34s 44; 2014 No. 36s 56sch 1; 2014 No. 61s 81D

315Code and impact assessment—superseded planning scheme

(1)If the application is a development application (superseded planning scheme), the assessment manager must assess and decide the application as if—
(a)the application were an application to which the superseded planning scheme applied; and
(b)the existing planning scheme was not in force; and
(c)for chapter 8, parts 2 and 3, the infrastructure provisions of the existing planning scheme applied; and
(d)for section 848, the existing planning scheme policy applied.
(2)This section applies despite sections 81, 120 and 121.

s 315 amd 2014 No. 36s 56sch 1

316Assessment for s 242 preliminary approvals that affect a local planning instrument

(1)This section applies to an application for a preliminary approval mentioned in section 242.
(2)Sections 313 and 314 apply to any part of the application requiring code or impact assessment.
(3)Subsection (4) applies to the part of the application that states the way in which the applicant seeks to vary the effect of any applicable local planning instrument for the land.
(4)The assessment manager must assess the part of the application having regard to—
(a)the common material; and
(b)the result of the assessment manager’s assessment of any parts of the application requiring code or impact assessment; and
(c)all of the following to the extent they are relevant to the application—
(i)the State planning regulatory provisions;
(ii)the regional plan for a designated region, to the extent it is not identified in the planning scheme as being appropriately reflected in the planning scheme;
(iii)State planning policies, to the extent the policies are not identified in—
(A)any relevant regional plan as being appropriately reflected in the regional plan; or
(B)the planning scheme as being appropriately reflected in the planning scheme; and
(d)the consistency of the proposed variations with aspects of the local planning instrument, other than the aspects sought to be varied; and
(e)the effect the proposed variations would have on any right of a submitter for following applications, with particular regard to the amount and detail of supporting material for the current application available to any submitters; and
(f)any referral agency’s response for the application.

s 316 amd 2012 No. 34s 45

317Assessment manager may give weight to later planning instrument, code, law or policy

(1)In assessing the application, the assessment manager may give the weight it is satisfied is appropriate to a planning instrument, code, law or policy that came into effect after the application was made, but—
(a)before the day the decision stage for the application started; or
(b)if the decision stage is stopped—before the day the decision stage is restarted.
(2)However, for a development application (superseded planning scheme), subsection (1) does not apply to an existing local planning instrument, other than any infrastructure provisions or planning scheme policy applied in relation to the assessment of the application under section 315(1)(c) and (d).

Division 3 Decision

Subdivision 1 Decision-making period

318Decision-making period—generally

(1)The assessment manager must decide the application within 20 business days after the day the decision stage starts (the decision-making period).
(2)The assessment manager may, by written notice given to the applicant and without the applicant’s agreement, extend the decision-making period by not more than 20 business days.
(3)Only 1 notice may be given under subsection (2) and it must be given before the decision-making period ends.
(4)However, the decision-making period may be further extended, including for the purpose of providing further information to the assessment manager, if the applicant, at any time before the decision is made, gives written agreement to the extension.
(5)If there is a concurrence agency for the application, the decision must not be made before 10 business days after the day the information and referral stage ends, unless the applicant gives the assessment manager written notice that it does not intend to take action under section 320 or 321.
(6)Despite subsections (2) and (4), the decision-making period can not be extended or further extended if the assessment manager has been given a direction under section 418(1)(c) to decide the application.

319Decision-making period—changed circumstances

Despite section 318, the decision-making period starts again from its beginning—
(a)if a concurrence agency gives a concurrence agency’s response or an amended concurrence agency’s response under section 290—the day after the response or amended response is received by the assessment manager; or
(b)if the decision-making period is stopped under section 320—the day after the assessment manager receives further written notice withdrawing the notice stopping the decision-making period; or
(c)if the decision-making period is stopped under section 321, the day after the first of the following to happen—
(i)the assessment manager receives, under section 321, a copy of all reissued concurrence agency’s responses for the application;
(ii)the assessment manager receives further written notice withdrawing the notice stopping the decision-making period.

s 319 amd 2012 No. 16s 66; 2014 No. 40s 71

320Applicant may stop decision-making period to make representations

(1)If the applicant wishes to make representations to a referral agency about the agency’s response, the applicant may, by written notice given to the assessment manager, for not more than 3 months, stop the decision-making period at any time before the decision is made.
(2)If a notice is given, the decision-making period stops the day the assessment manager receives the notice.
(3)The applicant may withdraw the notice at any time.

321Applicant may stop decision-making period to request chief executive’s assistance

(1)The applicant may, at any time before the application is decided—
(a)by written notice (the request) given to the chief executive, ask the chief executive to resolve conflict between 2 or more concurrence agency’s responses containing conditions the applicant is satisfied are inconsistent; and
(b)by written notice given to the assessment manager, for not more than 3 months, stop the decision-making period.
(2)The request must identify the conditions the applicant is satisfied are inconsistent.
(3)After receiving the request, the chief executive must give a notice acknowledging receipt of the request to the applicant and each affected concurrence agency.
(4)In responding to the request, the chief executive may, after consulting the concurrence agencies, exercise all the powers of the concurrence agencies necessary to reissue 1 or more concurrence agency’s responses to address any inconsistency.
(5)If the chief executive reissues a concurrence agency’s response, the chief executive must give the response to the applicant and give a copy of the response to—
(a)the affected concurrence agency; and
(b)the assessment manager.
(6)The applicant may withdraw the notice given under subsection (1)(b) at any time.

s 321 amd 2012 No. 16s 67; 2014 No. 40s 72

322[Repealed]

s 322 amd 2012 No. 3s 70

om 2012 No. 34s 46

Subdivision 2 Decision rules—generally

323Application of sdiv 2

This subdivision does not apply to the part of an application for a preliminary approval mentioned in section 242 that states the way in which the applicant seeks approval to vary the effect of any applicable local planning instrument for the land.

324Decision generally

(1)In deciding the application, the assessment manager must—
(a)approve all or part of the application; or
(b)approve all or part of the application subject to conditions decided by the assessment manager; or
(c)refuse the application.
(2)The assessment manager’s decision must be based on the assessments made under division 2.
(3)The assessment manager’s decision must not be inconsistent with a State planning regulatory provision.
(4)To remove any doubt, it is declared that—
(a)the assessment manager may give a preliminary approval, other than a preliminary approval to which section 242 applies, even though the applicant sought a development permit; and
(b)if the assessment manager approves only part of an application, the balance of the application is refused.

s 324 amd 2012 No. 34s 47

325Effect of concurrence agency’s response

(1)If a concurrence agency’s response requires conditions to be attached to a development approval for the application, the assessment manager must attach to any approval, in the exact form given by the concurrence agency, the concurrence agency conditions.
(2)If a concurrence agency’s response has, under section 287(1)(b) or (c), stated an action that must be taken, the assessment manager must take the action.
(3)If a concurrence agency’s response has, under section 287(1)(d), stated a different period for section 341(1)(b), (2)(c) or (3)(b), the assessment manager must, on any development approval, state the period.
(4)If a concurrence agency’s response requires the application to be refused, the assessment manager must refuse it.

326Other decision rules

(1)The assessment manager’s decision must not conflict with a relevant instrument unless—
(a)the conflict is necessary to ensure the decision complies with a State planning regulatory provision; or
(b)there are sufficient grounds to justify the decision, despite the conflict; or
(c)the conflict arises because of a conflict between—
(i)2 or more relevant instruments of the same type, and the decision best achieves the purposes of the instruments; or

Example of a conflict between relevant instruments—

a conflict between 2 State planning policies
(ii)2 or more aspects of any 1 relevant instrument, and the decision best achieves the purposes of the instrument.

Example of a conflict between aspects of a relevant instrument—

a conflict between 2 codes in a planning scheme
(2)In this section—
relevant instrument means a matter or thing mentioned in section 313(2) or 314(2), other than a State planning regulatory provision, against which code assessment or impact assessment is carried out.

Subdivision 3 Decision rules—application under section 242

327Decision if application under s 242 requires assessment

(1)In deciding the part of an application for a preliminary approval mentioned in section 242 that states the way in which the applicant seeks approval to vary the effect of any applicable local planning instrument for the premises, the assessment manager must—
(a)approve all or some of the variations sought; or
(b)subject to section 242(3) and (5)—approve different variations from those sought; or
(c)refuse the variations sought.
(2)The assessment manager’s decision must be based on the assessments made under division 2.
(3)The assessment manager’s decision must not be inconsistent with a State planning regulatory provision.
(4)To the extent development applied for under other parts of the application is refused, any variation relating to the development must also be refused.

328Effect of concurrence agency’s response

(1)If the part of the application is approved and a concurrence agency’s response has, under section 287(5)(b), stated an action that must be taken, the assessment manager must take the action.
(2)If a concurrence agency’s response requires the variations to be refused, the assessment manager must refuse the variations.

329Other decision rules

(1)The assessment manager’s decision must not conflict with a relevant instrument unless—
(a)the conflict is necessary to ensure the decision complies with a State planning regulatory provision; or
(b)there are sufficient grounds to justify the decision, despite the conflict; or
(c)the conflict arises because of a conflict between—
(i)2 or more relevant instruments of the same type, and the decision best achieves the purposes of the instruments; or

Example of a conflict between relevant instruments—

a conflict between 2 State planning policies
(ii)2 or more aspects of any 1 relevant instrument, and the decision best achieves the purposes of the instrument.

Example of a conflict between aspects of a relevant instrument—

a conflict between 2 codes
(2)In this section—
relevant instrument means a matter or thing mentioned in section 316(4)(c) or (d), other than a State planning regulatory provision, the assessment manager must have regard to in assessing the part of the application.

Subdivision 4 Deemed decision for particular applications

330Application of sdiv 4

This subdivision applies to an application requiring code assessment only, other than—
(a)an application for a preliminary approval to which section 242 applies; or
(b)an application that a concurrence agency has directed the assessment manager to refuse or approve in part only; or
(c)an application for development—
(i)in a wet tropics area under the Wet Tropics World Heritage Protection and Management Act 1993; or
(ii)in a strategic environmental area under the Regional Planning Interests Act 2014; or
(iii)on a Queensland heritage place; or
(iv)in a protected area, critical habitat or area of major interest under the Nature Conservation Act 1992; or
(d)a vegetation clearing application under the Vegetation Management Act; or
(e)a building development application; or
(f)an application for which chapter 9, part 7 applies.

s 330 amd 2014 No. 40s 73; 2014 No. 40 ss 73, 126

331Deemed approval of applications

(1)If the assessment manager does not decide the application within the decision-making period, including any extension of the period, the applicant may before the application is decided give written notice (a deemed approval notice) to the assessment manager that the application should be deemed to have been approved by the assessment manager.
(2)A deemed approval notice for an application must be in the approved form.
(3)If the applicant acts under subsection (1), the applicant must at the same time give a copy of the deemed approval notice to each entity mentioned in section 334(1)(b) or (c) that would be entitled to receive a decision notice for the application.
(4)Subsections (5) to (9) apply if the applicant gives the assessment manager a deemed approval notice for an application.
(5)For this Act, the assessment manager is taken to have decided to approve the application on the day the deemed approval notice is received.
(6)Despite section 334(2), the assessment manager must, within 10 business days after receiving the deemed approval notice, give the applicant a decision notice approving the application or approving the application subject to conditions.
(7)Despite section 324(4)(a), a decision notice given for the application after a deemed approval notice is received must state that the approval is—
(a)if a concurrence agency has directed that any approval for the application must be a preliminary approval only—a preliminary approval; or
(b)if the application is for a preliminary approval—a preliminary approval; or
(c)if the application is for a development permit and paragraph (a) does not apply—a development permit; or
(d)if the application is for a preliminary approval and a development permit, and paragraph (a) does not apply—a combined preliminary approval and development permit.
(8)If a decision notice or negotiated decision notice is not given for the application, the approval is taken to be a development approval given by the assessment manager in the form of—
(a)if a concurrence agency has directed that any approval for the application must be a preliminary approval only—a preliminary approval; or
(b)if the application is for a preliminary approval—a preliminary approval; or
(c)if the application is for a development permit and paragraph (a) does not apply—a development permit; or
(d)if the application is for a preliminary approval and a development permit, and paragraph (a) does not apply—a combined preliminary approval and development permit.
(9)If a decision notice is not given and a concurrence agency’s response tells the assessment manager a different period for section 341(1)(b), (2)(c) or (3)(b), the different period applies for the deemed approval.

s 331 amd 2012 No. 34s 48

332Standard conditions for deemed approvals

(1)If the assessment manager does not give a decision notice for the application, the deemed approval is subject to the conditions (the standard conditions) made by the Minister and in effect at the time the deemed approval notice was given to the assessment manager.
(2)Before making or amending the standard conditions, the Minister must consult with the persons or entities the Minister considers appropriate.
(3)The Minister must notify the making or amendment of the standard conditions in the gazette.
(4)If a deemed approval is subject to the standard conditions, the conditions are taken to have been imposed by the assessment manager.
(5)This section does not limit section 244.

Example for subsection (5)—

If an assessment manager does not give a decision notice for an application and a concurrence agency’s response required conditions to be imposed on the development approval, the concurrence agency conditions apply to the approval in addition to the standard conditions.

333Limitation on giving deemed approval notice

(1)If, under a provision of an Act, the assessment manager can not decide an application until an action or thing is done or happens, the applicant can not give a deemed approval notice for an application to which this subdivision applies until the action or thing is done or happens.
(2)If the Minister gives the assessment manager a direction under section 418(1)(b) for a particular application, the applicant can not give a deemed approval notice for the application until the end of the period stated in the direction for deciding the application.
(3)This section applies despite section 331(1).

Division 4 Notice of decision

334Assessment manager to give notice of decision

(1)The assessment manager must give written notice of the decision in the approved form (the decision notice) to—
(a)the applicant; and
(b)each referral agency; and
(c)if the assessment manager is not the local government and the development is in a local government area—the local government; and
(d)if the application is a building development application—each designated person for the application.
(2)The decision notice must be given within 5 business days after the day the decision is made.
(3)In this section—
designated person, for a building development application, means—
(a)if the building to which the application relates is, under the BCA, a single detached class 1a building or a class 10 building or structure—the owner of the building; and
(b)any other person nominated on the approved form under section 260(2), as the person to receive documents.

335Content of decision notice

(1)The decision notice must state the following—
(a)the day the decision was made;
(b)the name and address of each referral agency;
(c)whether the application is approved, approved subject to conditions or refused;
(d)whether the assessment manager is taken to have approved the application under section 331;
(e)if the application is approved subject to conditions—
(i)the conditions; and
(ii)whether each condition is a concurrence agency or assessment manager condition, and if a concurrence agency condition, the name of the concurrence agency; and
(iii)for each condition about infrastructure imposed under chapter 8—the provision under which the condition was imposed;
(f)if the application is refused—
(i)whether the assessment manager was directed to refuse the application and, if so, the name of the concurrence agency directing refusal and whether the refusal is solely because of the concurrence agency’s direction; and
(ii)for a refusal for any reason other than because of a concurrence agency’s direction—the reasons for the refusal;
(g)if the application is approved—whether the approval is a preliminary approval, a development permit or a combined preliminary approval and development permit;
(h)if all or part of the application is for a preliminary approval mentioned in section 242 and a variation to an applicable local planning instrument has been approved under this Act—the variation;
(i)any other development permits or compliance permits necessary to allow the development to be carried out;
(j)any code the applicant may need to comply with for self-assessable development related to the development approved;
(k)details of any compliance assessment required under part 10 for documents or work in relation to the development;
(l)whether or not there were any properly made submissions about the application and for each properly made submission, the name and address of the principal submitter;
(m)whether the assessment manager considers the assessment manager’s decision conflicts with a relevant instrument;
(n)if the assessment manager is satisfied the decision conflicts with a relevant instrument—the reasons for the decision, including a statement of the sufficient grounds mentioned in sections 326(1)(b) and 329(1)(b);
(o)the rights of appeal for the applicant and any submitters.
(2)To remove doubt, it is declared that subsection (1)(n) does not require the assessment manager to give reasons for each condition of approval.
(3)Also, if the application is a building development application, the decision notice must—
(a)include the approved drawings for the development approval; and
(b)if the development involves building work that is building, repairing or altering a building—state the classification or proposed classification of the building or parts of the building under the BCA.
(6)If the application is taken to have been approved under section 331, the decision notice need not include the matters mentioned in subsection (1)(m) or (n).
(7)In this section—
relevant instrument, in relation to an assessment manager’s decision, means a matter or thing mentioned in section 313(2), 314(2) or 316(4)(c) or (d), other than a State planning regulatory provision, against which the assessment was carried out or to which the assessment manager had regard.

s 335 amd 2009 No. 51s 77; 2012 No. 16s 68; 2014 No. 36s 7; 2014 No. 40s 74

336Material to be given with decision notice

When the assessment manager gives a decision notice under section 334, the assessment manager must also give a copy of—
(a)any relevant appeal provisions; and
(b)any plans and specifications approved by the assessment manager in relation to the decision notice.

337Assessment manager to give copy of decision notice to principal submitter

(1)If the application is approved, the assessment manager must give a copy of the decision notice to each principal submitter within 5 business days after the earliest of the following happens—
(a)the applicant gives the assessment manager a written notice stating that the applicant does not intend to make representations mentioned in section 361(1);
(b)the applicant gives the assessment manager notice of the applicant’s appeal;
(c)the applicant’s appeal period ends.
(2)If the application is refused, the assessment manager must give a copy of the decision notice to each principal submitter at about the same time as the decision notice is given to the applicant.
(3)A copy of the relevant appeal provisions must also be given with each copy of the decision notice.

338Decision notice given by private certifier

If the decision notice is given by a private certifier, sections 334 to 337 apply subject to the Building Act, chapter 4, part 6.

Division 5 Approvals

339When approval takes effect

(1)If the application is approved, or approved subject to conditions, the decision notice, or if a negotiated decision notice is given, the negotiated decision notice, is taken to be the development approval and has effect—
(a)if there is no submitter and the applicant does not appeal the decision to the court or a building and development committee, from when—
(i)the decision notice is given; or
(ii)if a negotiated decision notice is given—the negotiated decision notice is given; or
(b)if there is a submitter and the applicant does not appeal the decision to the court or a building and development committee—
(i)when the submitter’s appeal period ends; or
(ii)if the last submitter gives the assessment manager written notice that the submitter will not be appealing the decision before the period mentioned in subparagraph (i) ends—on the day the last submitter gives the notice; or
(c)if an appeal is made to the court or a building and development committee, subject to sections 490(3) and 553(3) and the decision of the court or committee under section 496 or 564—when the appeal is finally decided or withdrawn.
(2)However, if the approval relates to land that was acquisition land to which section 263(2)(b) applied when the application was made, the development approval does not have effect until the later of the following—
(a)the day the land is taken or acquired under the State Development and Public Works Organisation Act 1971 or the Acquisition Act;
(b)the time the development approval would, other than for this subsection, have effect.
(3)If a decision notice or negotiated decision notice is not given for an application to which a deemed approval relates, the deemed approval has effect—
(a)if the applicant does not appeal the decision to the court or a building and development committee, from when the decision notice should have been given under section 331(6); or
(b)if an appeal is made to the court or a building and development committee, subject to sections 490(3) and 553(3) and the decision of the court or committee under section 496 or 564—when the appeal is finally decided or withdrawn.
(4)If a submitter acts under subsection (1)(b)(ii), the assessment manager must give the applicant a copy of the submitter’s notice.
(5)In this section—
submitter includes an advice agency that has told the assessment manager to treat its response as a properly made submission.

s 339 amd 2012 No. 34s 49

340When development may start

(1)Development may start—
(a)when a development permit for the development takes effect; or
(b)if an application for a development permit is taken to have been approved under section 331 and the assessment manager does not give a decision notice for the application—when the deemed approval for the application has effect.
(2)Subsection (1) applies subject to any condition applying under section 346(1)(b) to a development approval for the development.

s 340 amd 2012 No. 34s 50

341When approval lapses if development not started

(1)To the extent a development approval is for a material change of use of premises, the approval lapses if the first change of use under the approval does not start within the following period (the relevant period)—
(a)4 years starting the day the approval takes effect;
(b)if the approval states a different period from when the approval takes effect—the stated period.
(2)To the extent a development approval is for reconfiguring a lot, the approval lapses if a plan for the reconfiguration is not given to the local government within the following period (also the relevant period)—
(a)for reconfiguration not requiring operational works—2 years starting the day the approval takes effect;
(b)for reconfiguration requiring operational works—4 years starting the day the approval takes effect;
(c)if the approval states a different period from when the approval takes effect—the stated period.
(3)To the extent a development approval is for development other than a material change of use of premises or reconfiguring a lot, the approval lapses if the development does not substantially start within the following period (also the relevant period)—
(a)2 years starting the day the approval takes effect;
(b)if the approval states a different period from when the approval takes effect—the stated period.
(4)Despite subsections (1) and (2), if there are 1 or more related approvals for a development approval mentioned in subsection (1) or (2), the relevant period is taken to have started on the day the latest related approval takes effect.
(5)If a monetary security has been given in relation to any development approval, the security must be released if the approval lapses under this section.
(6)The lapsing of a development approval for a material change of use of premises or reconfiguring a lot does not cause an approval mentioned in subsection (3) to lapse.
(7)In this section—
related approval, for a development approval for a material change of use of premises (the earlier approval), means—
(a)the first development approval for a development application made to a local government or private certifier, or first compliance permit for a request for compliance assessment made to a local government or entity nominated by a local government, within 2 years of the start of the relevant period, that is—
(i)to the extent the earlier approval is a preliminary approval—a development permit or compliance permit for the material change of use of premises; or
(ii)to the extent the earlier approval is a development permit or a preliminary approval for development mentioned in section 242(3)(a)(i) or (ii)—a development permit or compliance permit for building work or operational work necessary for the material change of use of premises to take place; and
(b)each further development permit, for a development application made to a local government or private certifier within 2 years of the day the last related approval takes effect, that is for building work or operational work necessary for the material change of use of premises to take place; and
(c)each further compliance permit, for a request for compliance assessment made to a local government or entity nominated by a local government within 2 years of the day the last related approval takes effect, that is for building work or operational work necessary for the material change of use of premises to take place.
related approval, for a development approval for reconfiguring a lot (also the earlier approval), means—
(a)the first development permit for a development application made to a local government, or first compliance permit for a request for compliance assessment made to a local government or entity nominated by a local government, within 2 years of the start of the relevant period, that is—
(i)to the extent the earlier approval is a preliminary approval—for the reconfiguration; or
(ii)to the extent the earlier approval is a development permit for reconfiguring a lot—for operational work related to the reconfiguration; and
(b)each further development permit, for a development application made to a local government within 2 years of the day the last related approval takes effect, that is for operational work related to the reconfiguration; and
(c)each further compliance permit, for a request for compliance assessment made to a local government or entity nominated by a local government within 2 years of the day the last related approval takes effect, that is for operational work related to the reconfiguration.

342When approval lapses if development started but not completed—general

(1)Subsection (2) applies if—
(a)a condition requires assessable development, or an aspect of assessable development, to be completed within a particular time; and
(b)the assessable development, or aspect, is started but not completed within the time.
(2)The approval, to the extent it relates to the assessable development or aspect not completed, lapses.
(3)However, even though the approval has lapsed, any security paid under a condition mentioned in section 346(1)(f) may be used in a way stated by the approval, including, for example, to finish the development.
(4)This section does not apply to a preliminary approval to which section 242 applies.

343When approval lapses if development started but not completed—preliminary approval

(1)This section applies to a preliminary approval to which section 242 applies if development, or an aspect of development, to which the approval relates is started but not completed within the prescribed period for the approval.
(2)The approval, to the extent it relates to the development or aspect not completed, lapses at the end of the prescribed period.
(3)In this section—
prescribed period, for a preliminary approval to which section 242 applies, means—
(a)if a condition of the approval requires development, or an aspect of development, to which the approval relates to be completed within a stated period—the stated period; or
(b)if paragraph (a) does not apply—the period, if any, nominated by the applicant for that purpose and stated in the application to which the approval relates; or
(c)if paragraphs (a) and (b) do not apply—
(i)5 years after the day the preliminary approval takes effect; or
(ii)if there is 1 or more related approvals for the preliminary approval—5 years after the day the last related approval takes effect.
related approval, for a preliminary approval, means a related approval for the preliminary approval under section 341(7).

Division 6 Conditions

344Application of div 6

This division applies to each condition in a development approval whether the condition is a condition—
(a)a concurrence agency directs an assessment manager to impose; or
(b)decided by an assessment manager; or
(c)attached to the approval under the direction of the Minister.

345Conditions must be relevant or reasonable

(1)A condition must—
(a)be relevant to, but not an unreasonable imposition on, the development or use of premises as a consequence of the development; or
(b)be reasonably required in relation to the development or use of premises as a consequence of the development.
(2)Subsection (1) applies despite the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, an assessment manager or concurrence agency.

346Conditions generally

(1)A condition may—
(a)place a limit on how long a lawful use may continue or works may remain in place; or
(b)state a development may not start until other development permits or compliance permits, for development on the same premises, have been given or other development on the same premises, including development not covered by the development application, has been substantially started or completed; or
(c)require compliance with an infrastructure agreement relating to the land; or
(d)require a document or work to be subject to compliance assessment; or
(e)require development, or an aspect of development, to be completed within a particular time; or
(f)require the payment of security under an agreement under section 348 to support a condition mentioned in paragraph (e).
(2)A condition imposed under subsection (1)(c) is taken to comply with section 345.

Note—

See chapter 8, parts 2 and 3 for other conditions that may be imposed on a development approval.

s 346 amd 2014 No. 36s 56sch 1

346AEnvironmental offset conditions

(1)This section applies to a condition that requires or otherwise relates to an environmental offset (an environmental offset condition).
(3)If the applicant has entered into an agreement about an environmental offset for this section, a condition may require the applicant to comply with the agreement.
(3A)An agreement entered into under subsection (3) is not an environmental offset agreement under the Environmental Offsets Act 2014.
(3B)Section 347(1)(b) and (c) does not apply in relation to a deemed condition.
(4)A condition imposed under subsection (3)—
(a)is taken to comply with section 345; and
(b)is not invalid on the ground of being uncertain or lacking finality.
(5)If an entity other than the applicant agrees, under an agreement mentioned in subsection (3), to carry out works required for the development, section 347(1)(b) and (c) do not apply to a condition stating that those works must be undertaken by the entity.

Note—

Also, under section 348, the applicant may enter into an agreement to establish the obligations, or secure the performance, of a party to the agreement about an environmental offset condition.
(6)An environmental offset condition may require an environmental offset to be undertaken on land on which the development is undertaken or on other land in the State.

s 346A ins 2011 No. 3s 23

amd 2014 No. 33s 139

346BConditions of authority

(1)This section applies if, on or after the commencement of this section, a condition comes into force that is an environmental offset condition under section 346A.
(2)To the extent the environmental offset condition is inconsistent with a deemed condition, the deemed condition prevails.

Note—

See the Environmental Offsets Act 2014, section 5(3). Under that provision, particular imposed conditions prevail over deemed conditions.

s 346B ins 2014 No. 33s 140

347Conditions that can not be imposed

A condition must not—
(a)be inconsistent with a condition of an earlier development approval or compliance permit still in effect for the development; or
(b)other than under chapter 8, part 2 or 3— require a monetary payment for the establishment, operating or maintenance costs of, or works to be carried out—
(i)for development infrastructure; or
(ii)for the imposition of a condition by a State infrastructure provider— infrastructure or works to protect or maintain the infrastructure operation; or

Note—

Chapter 8, parts 2 and 3 deal with infrastructure conditions.
(c)state that works required to be carried out for a development must be undertaken by an entity other than the applicant; or
(d)require an access restriction strip; or
(e)limit the time a development approval has effect for a use or work forming part of a network of community infrastructure, other than State-owned or State-controlled transport infrastructure; or
(f)require a person to enter into an infrastructure agreement.

s 347 amd 2010 No. 19s 64; 2014 No. 36s 8

347AConditions about water infrastructure

(1)This section applies if an assessment manager or concurrence agency is a participating local government of a distributor-retailer.
(2)A condition can not be imposed in relation to the distributor-retailer’s water infrastructure about a matter for which the SEQ Water Act requires a water approval.

Examples of conditions that can not be imposed—

works to be carried out
a monetary payment
land in fee simple to be given
that an infrastructure agreement be entered into
(3)However, a condition may be imposed that any necessary water approval under the SEQ Water Act must be obtained from a distributor-retailer.

s 347A ins 2014 No. 16s 28

348Agreements

The applicant may enter into an agreement with an entity, including, for example, an assessment manager or a concurrence agency, to establish the obligations, or secure the performance, of a party to the agreement about a condition.

349Covenants not to be inconsistent with development approvals

(1)Subsection (2) applies if a covenant under the Land Act 1994, section 373A(4) or the Land Title Act 1994, section 97A(3)(a) or (b) is entered into in connection with a development application.
(2)The covenant is of no effect unless it is entered into—
(a)as a requirement of a condition of a development approval for the application; or
(b)under an infrastructure agreement.

Part 6 Changing or withdrawing development applications

Division 1 Preliminary

350Meaning of minor change

(1)A minor change in relation to an application, is any of the following changes to the application—
(a)a change that merely corrects a mistake about the name or address of the applicant or owner, or the address or other property details of the land to which the application applies, if the assessment manager is satisfied the change would not adversely affect the ability of a person to assess the changed application;
(b)a change of applicant, if the assessment manager is satisfied the change would not adversely affect the ability of a person to assess the changed application;
(c)a change that merely corrects a spelling or grammatical error;
(d)a change that—
(i)does not result in a substantially different development; and
(ii)does not require the application to be referred to any additional referral agencies; and
(iii)does not change the type of development approval sought; and
(iv)does not require impact assessment for any part of the changed application, if the original application did not involve impact assessment.
(2)In deciding whether a change is a minor change under subsection (1)(d), the planning instruments or law in force at the time the change was made apply (the applicable law).
(3)Application of the applicable law does not stop a change mentioned in subsection (1)(d)(ii) or (iv) from being a minor change only because the applicable law, if applied to the application as originally made, would require referral to any additional referral agencies or involve impact assessment.

s 350 amd 2012 No. 16s 69; 2014 No. 40s 75

Division 2 Procedure for changing applications

351Changing application

(1)Before an application is decided, the applicant may change the application by giving the assessment manager written notice of the change.

Note—

An assessment manager or concurrence agency may, in an information request, advise an applicant about changing an application. See section 276 (Information request to applicant).
(2)An applicant can not change an application if the change would, if the application were remade including the change, result in the application—
(a)not being a properly made application; or
(b)involving prohibited development.
(3)Subsection (2)(a) does not apply to the applicant if the applicant takes the action that would be necessary to make the application a properly made application if it were remade.
(4)If the change to the application is, or includes, a change of applicant, the notice of the change—
(a)may be given to the assessment manager by the person proposing to become the applicant; and
(b)must be accompanied by the written consent of the person who is the applicant immediately before the change.

352Assessment manager to advise referral agencies about changed applications

When the assessment manager receives notice of the change, the assessment manager must give a copy of the notice to the following entities and advise them of its effect under division 3—
(a)any referral agencies for the original application;
(b)if the change requires the application to be referred to a referral agency, other than a referral agency mentioned in paragraph (a)—the referral agency.

Note—

Under section 290(1)(b)(ii), a concurrence agency may amend its concurrence agency’s response for particular changes to the application.

Division 3 Changed applications—effect on IDAS

353Effect on IDAS—minor change

(1)IDAS does not stop for a changed application if the change is a minor change of the application.
(2)For a changed application, the notification stage does not again apply, and is not required to restart, if—
(a)the change is a minor change; and
(b)the notification stage applied to the original application; and
(c)the change was made during the notification stage or after the notification stage ended.

354Effect on IDAS—changes about matters relating to submissions or information requests

(1)This section applies to a changed application if—
(a)the change is not a minor change of the application; and
(b)the assessment manager is satisfied the change—
(i)only deals with a matter raised in a properly made submission for the application; or
(ii)is in response to an information request.
(2)IDAS does not stop for the changed application.
(3)Subsection (4) applies if the notification stage applied to the original application and the change was made during the notification stage or after the notification stage ended.
(4)The notification stage must restart or be repeated unless the assessment manager is satisfied the change would not be likely to attract a submission objecting to the thing comprising the change, if the notification stage were to apply to the change.
(5)Also, if the notification stage applies to the changed application, the assessment manager can not decide the application until the notification stage has ended.

355Effect on IDAS—other changes

(1)Subsection (2) applies to a changed application if—
(a)the change is not a minor change; and
(b)the assessment manager is satisfied the change is not a change that—
(i)only deals with a matter raised in a properly made submission for the application; or
(ii)is in response to an information request.
(2)The IDAS process stops on the day the notice of the change is received by the assessment manager and starts again from the start of the acknowledgement period.
(3)Subsection (4) applies to a changed application if—
(a)the IDAS process has stopped under subsection (2) for the application; and
(b)the notification stage applied to the original application; and
(c)the change was made during the notification stage or after the notification stage ended.
(4)The notification stage must be repeated unless the assessment manager is satisfied the change would not be likely to attract a submission objecting to the thing comprising the change, if the notification stage were to apply to the change.

Division 4 Withdrawing applications

356Withdrawing an application

(1)At any time before the application is decided, the applicant may withdraw the application by giving written notice of the withdrawal to—
(a)the assessment manager; and
(b)any referral agency.
(2)If within 1 year of withdrawing the application, the applicant makes a later application that is not substantially different from the withdrawn application, any properly made submission about the withdrawn application is taken to be a properly made submission about the later application.

Part 7 Missed referral agencies

357Notice of missed referral agency

(1)This section applies if an applicant has not referred an application to a referral agency (the missed referral agency) as required under section 272.
(2)A party to the application may, by written notice given to each other party to the application, advise the other parties that the applicant has not referred the application as required under section 272.
(3)In this section—
party, to an application, means the applicant, assessment manager and each referral agency for the application.

358Effect of missed referral agency on information and referral stage and notification stage

(1)This section applies if a notice is given under section 357(2) during the information and referral stage or the notification stage for the application.
(2)Despite section 273, the application does not lapse.
(3)The IDAS process for the application does not stop.
(4)However, the decision stage for the application does not start until—
(a)the information and referral stage is carried out in relation to the missed referral agency; and
(b)either—
(i)all referral agency’s responses for the application have been received; or
(ii)all referral agency’s assessment periods for the application have ended; and
(c)the notification stage has ended.
(5)If the applicant gives the notice under section 357(2), the applicant must comply with section 272 for the missed referral agency within 10 business days after giving the notice.
(6)If another party to the application gives the notice under section 357(2), the applicant must comply with section 272 for the missed referral agency within 10 business days after receiving the notice.
(7)If the notice under section 357(2) is given during the notification stage for the application and the applicant has started or carried out notification under section 297, notification under section 297 need not be restarted or carried out again for the application.

359Effect of missed referral agency on decision stage

(1)This section applies if a notice is given under section 357(2) during the decision stage for the application and before the application is decided.
(2)Despite section 273, the application does not lapse.
(3)The application can not be decided until the information and referral stage for the application is carried out in relation to the missed referral agency.
(4)If the applicant gives the notice under section 357(2), the applicant must comply with section 272 for the missed referral agency within 10 business days after giving the notice.
(5)If another party to the application gives the notice under section 357(2), the applicant must comply with section 272 for the missed referral agency within 10 business days after receiving the notice.
(6)The applicant is not required to again carry out notification under section 297 for the application, if the notification has been carried out.
(7)The decision stage for the application starts again—
(a)on the day the referral agency’s response for the missed referral agency is received by the assessment manager; or
(b)if the missed referral agency does not give a referral agency’s response—on the day the referral agency’s assessment period of the missed referral agency ends.

Part 8 Dealing with decision notices and approvals

Division 1 Changing decision notices and approvals during applicant’s appeal period

360Application of div 1

This division applies only during the applicant’s appeal period.

361Applicant may make representations about decision

(1)The applicant may make written representations to the assessment manager about—
(a)a matter stated in the decision notice, other than a refusal or a matter about which a concurrence agency told the assessment manager under section 287(1) or (5); or
(b)the standard conditions applying to a deemed approval.
(2)However, the applicant can not make representations under subsection (1)(a) about a condition attached to an approval under the direction of the Minister.

362Assessment manager to consider representations

The assessment manager must consider any representations made to the assessment manager under section 361.

363Decision about representations

(1)If the assessment manager agrees with any of the representations about a decision notice or a deemed approval, the assessment manager must give a new decision notice (the negotiated decision notice) to—
(a)the applicant; and
(b)each principal submitter; and
(c)each referral agency; and
(d)if the assessment manager is not the local government and the development is in a local government area—the local government.
(2)Before the assessment manager agrees to a change under this section, the assessment manager must consider the matters the assessment manager was required to consider in assessing the application, to the extent the matters are relevant.
(3)Only 1 negotiated decision notice may be given.
(4)The negotiated decision notice—
(a)must be given within 5 business days after the day the assessment manager agrees with the representations; and
(b)must comply with section 335; and
(c)must state the nature of the changes; and
(d)replaces—
(i)the decision notice previously given; or
(ii)if a decision notice was not previously given and the negotiated decision notice relates to a deemed approval—the standard conditions applying to the deemed approval.
(5)If the assessment manager does not agree with any of the representations, the assessment manager must, within 5 business days after the day the assessment manager decides not to agree with any of the representations, give written notice to the applicant stating the decision about the representations.

364Giving new notice about charges for infrastructure

(1)This section applies if the development approved by the negotiated decision notice is different from the development approved in the decision notice or deemed approval in a way that affects the amount of a levied charge.
(2)The local government may give the applicant a new infrastructure charges notice to replace the original notice.

s 364 amd 2011 No. 17s 14; 2014 No. 36s 56sch 1

365[Repealed]

s 365 om 2012 No. 34s 51

366Applicant may suspend applicant’s appeal period

(1)If the applicant needs more time to make the representations, the applicant may, by written notice given to the assessment manager, suspend the applicant’s appeal period.
(2)The applicant may act under subsection (1) only once.
(3)If the representations are not made within 20 business days after the day written notice was given to the assessment manager, the balance of the applicant’s appeal period restarts.
(4)If the representations are made within 20 business days after the day written notice was given to the assessment manager—
(a)if the applicant gives the assessment manager a notice withdrawing the notice under subsection (1)—the balance of the applicant’s appeal period restarts the day after the assessment manager receives the notice of withdrawal; or
(b)if the assessment manager gives the applicant a notice under section 363(5)—the balance of the applicant’s appeal period restarts the day after the applicant receives the notice; or
(c)if the assessment manager gives the applicant a negotiated decision notice—the applicant’s appeal period starts again the day after the applicant receives the negotiated decision notice.

Division 2 Changing approvals—request for change after applicant’s appeal period ends

Subdivision 1 Preliminary

367What is a permissible change for a development approval

(1)A permissible change, for a development approval, is a change to the approval that would not, because of the change—
(a)result in a substantially different development; or
(b)if the application for the approval were remade including the change—
(i)require referral to additional concurrence agencies; or
(ii)for an approval for assessable development that previously did not require impact assessment—require impact assessment; or
(c)for an approval for assessable development that previously required impact assessment—be likely, in the responsible entity’s opinion, to cause a person to make a properly made submission objecting to the proposed change, if the circumstances allowed; or
(d)cause development to which the approval relates to include any prohibited development.
(2)For deciding whether a change is a permissible change under subsection (1)(b) or (d), the planning instruments or law in force at the time the request for the change was made apply.

s 367 amd 2012 No. 34s 51A (amd 2013 No. 23s 203D)

368Notice about proposed change before request is made

(1)This section applies if a person proposes to make a request under section 369 to change a development approval.
(2)Before making the request, the person may advise any relevant entity about the person’s intention to make the request and the details of the proposed change.
(3)The relevant entity may give the person a written notice (a pre-request response notice) stating whether or not the entity objects to the proposed change.
(4)In this section—
relevant entity means an entity to whom the person would, under section 372, be required to give a copy of the request if it were made.

Subdivision 2 Procedure for changing approvals

369Request to change development approval

(1)If a person wants to make a permissible change to a development approval, the person must by written notice ask the following entity (the responsible entity) stated for the change or approval to make the change—
(a)if the change is to a condition imposed by the Minister under part 11, division 1—the Minister;
(b)if the approval was given by the Minister under part 11, division 2—the Minister;
(c)if the change is to a condition of the approval imposed by a concurrence agency—the concurrence agency;
(d)if the approval was given by the court—the court;
(e)for another change or approval—the assessment manager for the application to which the approval relates.
(2)If a request is made to the Minister under subsection (1)(b) and the Minister is satisfied the change does not affect a State interest, the Minister may refer the request to the original assessment manager.
(3)If the Minister refers the request to the original assessment manager, the original assessment manager is taken to be the responsible entity for the development approval.
(4)If the development approval is for building work or operational work for the supply of community infrastructure on land designated for the community infrastructure, a request under subsection (1) may be made only by the person who intends to supply, or is supplying, the infrastructure.

370Notice of request

(1)If the responsible entity has a form for the request under section 369, the request must be in the form.
(2)Also, the request must be accompanied by—
(a)the fee for the request—
(i)if the responsible entity is a local government—fixed by a resolution of the local government; or
(ii)if the responsible entity is another public sector entity or the Minister—prescribed under a regulation under this or another Act; and
(b)a copy of any pre-request response notice relevant to the request; and
(c)evidence to show the person making the request has complied with section 372.
(3)The request may be accompanied by other information the person making the request considers relevant.

s 370 amd 2012 No. 34s 52

371When owner’s consent required for request

If the person making the request is not the owner of the land to which the development approval attaches, the request must be accompanied by the owner’s consent unless—
(a)the approval relates to land that was acquisition land to which section 263(2)(b) applied when the application for the approval was made; or
(b)the approval is for building work or operational work for the supply of community infrastructure on land designated for the community infrastructure; or
(c)the consent of the owner would not be required under section 263(1) if a development application were made for the requested change; or
(d)the responsible entity is satisfied that—
(i)having regard to the nature of the proposed change, the owner has unreasonably withheld consent; and
(ii)the requested change does not materially affect the owner’s land; or
(e)the responsible entity is satisfied that—
(i)because of the number of owners of the land, it is not practicable to obtain the owners’ consent; and
(ii)the requested change does not materially affect the owners’ land.

Example for paragraph (e)(i)—

It may not be practicable to obtain the consent of all the owners of land if the land was subdivided, after the development approval was given, and is subsequently owned by multiple persons.

s 371 amd 2012 No. 34s 53

372Copy of request to be given to particular entities

(1)When the person makes the request, the person must give a copy of the request to the following—
(a)if the responsible entity is a concurrence agency—
(i)the assessment manager for the application to which the development approval applies (the original application); and
(ii)any other concurrence agencies for the original application;
(b)if the responsible entity is the Minister or the court—the assessment manager and any concurrence agencies for the original application;
(c)if the responsible entity is the assessment manager—any concurrence agencies for the original application;
(d)another entity prescribed under a regulation.
(2)Despite subsection (1), the person need not give a copy of the request to an entity that has given the person a pre-request response notice for the request.

s 372 amd 2012 No. 3s 71

Subdivision 3 Assessing and deciding request for change

373Particular entities to assess request for change

(1)An entity given a copy of the request under section 372 must, within 20 business days after receiving the request, give the responsible entity a written notice advising—
(a)it has no objection to the change being made; or
(b)it objects to the change being made and the reasons for the objection.
(2)If the entity (the relevant entity) does not give a written notice within 20 business days after receiving the copy of the request, the responsible entity must decide the request as if the relevant entity had no objection to the request.

374Responsible entity to assess request

(1)To the extent relevant, the responsible entity must assess the request having regard to—
(a)the information the person making the request included with the request; and
(b)the matters the responsible entity would have regard to if the request were a development application; and
(c)if submissions were made about the original application—the submissions; and
(d)any notice about the request given under section 373 to the entity; and
(e)any pre-request response notice about the request given to the entity.
(2)For subsection (1)(b), the responsible entity must have regard to the planning instruments, plans, codes, laws or policies applying when the original application was made, but may give the weight it considers appropriate to the planning instruments, plans, codes, laws or policies applying when the request was made.

375Responsible entity to decide request

(1)After assessing the request under section 374, the responsible entity must decide to—
(a)approve the request, with or without conditions; or
(b)refuse the request.
(2)A condition imposed under subsection (1)(a) must—
(a)be relevant to the proposed change; and
(b)comply with section 345.
(3)If no other entity is required to be given a copy of the request under section 372, the responsible entity must decide the request within 30 business days after receiving the request.
(4)If another entity is required to be given a copy of the request under section 372, the responsible entity—
(a)must not decide the request until the first of the following happens—
(i)a written notice has been received under section 373 from each entity given a copy of the request;
(ii)the period of 25 business days after the responsible entity received the request ends; but
(b)must decide the request within 30 business days after receiving the request.
(5)However, the responsible entity and the person making the request may agree to extend the period within which the entity must decide the request by not more the 20 business days.
(6)Subsections (3) to (5) do not apply if the responsible entity is the court.

376Notice of decision

(1)The responsible entity must give written notice of the decision to each of the following—
(a)the person who made the request;
(b)if the responsible entity is not the assessment manager—the assessment manager;
(c)any referral agency for the original application;
(d)if the responsible entity is not a local government and the development approval relates to land in a local government area—the local government whose local government area includes the land;
(e)if the request relates to a development approval given by the Minister under part 11, division 2 and the Minister referred the request to the original assessment manager—the Minister.
(2)The notice must—
(a)state all of the following—
(i)the day the request was made;
(ii)the day the development approval for the original application was decided;
(iii)the decision;
(iv)if the request was refused—the reasons for the decision; and
(b)if the request was approved and the responsible entity is a concurrence agency—be accompanied by a copy of the concurrence agency’s response for the original application showing the changes; and
(c)if the request was approved and paragraph (b) does not apply—be accompanied by a copy of the decision notice, if any, for the original application showing the changes.
(3)Subsection (4) applies if—
(a)the responsible entity is the assessment manager for the application to which the approval relates; and
(b)the decision is to refuse the request or approve the request on conditions.
(4)If the notice is given to the person who made the request or an entity that gave the responsible entity a notice under section 373 or a pre-request response notice, the notice also must state—
(a)that the person or entity may appeal against the decision; and
(b)how the person or entity may appeal.
(5)Subsection (6) applies if—
(a)the responsible entity is a concurrence agency; and
(b)the decision is to refuse the request or approve the request on conditions.
(6)If the notice is given to the person who made the request, the notice also must state—
(a)that the person may appeal against the decision; and
(b)how the person may appeal.

s 376 amd 2012 No. 3s 72

377When decision has effect

If the decision is to approve the request for a permissible change, the decision takes effect—
(a)on the day the notice mentioned in section 376(1) is given to the person who made the request; or
(b)if a person has appealed against the decision—on the day the appeal is finally decided or withdrawn.

Division 3 Changing or cancelling particular conditions—other than on request

378When condition may be changed or cancelled by assessment manager or concurrence agency

(1)This section applies for a development condition under another Act if, under the other Act, ‘development condition’ is defined with reference to a development approval.
(2)However, if under the other Act an entity is authorised to change or cancel conditions of a development approval in a different way, the other Act prevails to the extent of any inconsistency with this section.
(3)The development condition may be changed or cancelled by—
(a)if the condition was imposed as a concurrence agency condition—the entity that was the concurrence agency; or
(b)if the condition was imposed by an assessment manager—the entity that was the assessment manager; or
(c)if paragraph (a) or (b) does not apply—the entity that has jurisdiction for the condition.
(4)However, the condition may be changed or cancelled only on a ground mentioned in the other Act.
(5)The change or cancellation may be made without the consent of the owner of the land to which the approval attaches and any occupier of the land.
(6)Section 345 applies to the changed condition.
(7)If the entity is satisfied it is necessary to change or cancel the condition, the entity must give written notice to the owner of the land to which the approval attaches and any occupier of the land.
(8)The notice must—
(a)state the following—
(i)the proposed change or cancellation and the reasons for the change or cancellation;
(ii)that each person to whom the notice is given may make a written submission to the entity about the proposed change or cancellation;
(iii)the period, which must be at least 15 business days after the notice is given, within which the submission may be made; and
(b)if the condition was imposed by a concurrence agency—be accompanied by a copy of the concurrence agency’s response for the original application showing the changes; and
(c)if paragraph (b) does not apply—be accompanied by a copy of the decision notice, if any, for the original application showing the changes.
(9)After considering any submissions, the entity must give to each person to whom the notice was given—
(a)if the entity is not satisfied the change or cancellation is necessary—written notice stating it has decided not to change or cancel the condition; or
(b)if the entity is satisfied the change or cancellation is necessary—written notice stating it has decided to change or cancel the condition, and include details of the changed conditions or cancellation.
(10)If the entity was a concurrence agency, the entity must also give the entity that was the assessment manager written notice of the change or cancellation.
(11)The changed condition or cancellation takes effect from the day the notice is given to the owner of the land.

s 378 amd 2012 No. 3s 73; 2012 No. 16s 78 sch

Division 4 Cancelling approvals

379Request to cancel development approval

(1)The owner of the land the subject of an application, or another person with the owner’s consent, may by written notice ask the assessment manager to cancel the development approval.
(2)The request must be accompanied by the fee for the request—
(a)if the assessment manager is a local government—fixed by a resolution of the local government; or
(b)if the assessment manager is another public sector entity—prescribed under a regulation under any Act.
(3)Subsection (1) applies to an owner of land designated for community infrastructure only if the owner is the entity who intends, or intended, to supply the infrastructure.

380Restriction on making request

(1)Cancellation can not be requested under section 379(1) if development under the development approval has started.
(2)Also, cancellation can not be requested under section 379(1) unless written consent to the cancellation is given by—
(a)if there is a written arrangement between the owner and another person under which the other person proposes to buy the land—the person proposing to buy the land; or
(b)if the application is for land the subject of a public utility easement—the entity in whose favour the easement is given.

s 380 amd 2012 No. 34s 54

381Assessment manager to cancel approval

After receiving the request under section 379, the assessment manager must—
(a)cancel the approval; and
(b)give notice of the cancellation to the person who applied for the cancellation and to each concurrence agency.

382Release of monetary security

If a monetary security has been given in relation to the approval, the security must be released if the approval is cancelled.

Division 5 Extending period of approvals

383Request to extend period in s 341

(1)If, before a development approval lapses under section 341, a person wants to extend a period mentioned in that section, the person must, by written notice—
(a)advise each entity that was a concurrence agency that the person is asking for an extension of the period; and
(b)ask the assessment manager to extend the period.
(2)The notices must be given at about the same time.
(3)The notice to the assessment manager must—
(a)if the assessment manager has a form for the request—be in the form; and
(b)include a copy of each notice given under subsection (1)(a); and
(c)be accompanied by the fee—
(i)if the assessment manager is a local government—fixed by a resolution of the local government; or
(ii)if the assessment manager is another public sector entity—prescribed under a regulation under any Act; and
(d)if the person making the request is not the owner of the land to which the approval attaches—be accompanied by the owner’s consent if, under section 263(1), the written consent of the owner of the land the subject of the application for the approval was required for the making of the application.
(4)Despite subsection (3)(d), the notice to the assessment manager need not be accompanied by the owner’s consent if the assessment manager is satisfied that—
(a)having regard to the nature of the request, the owner has unreasonably withheld consent; or
(b)because of the number of owners of the land, it is not practicable to obtain the owners’ consent.

Example for subsection (4)(b)—

It may not be practicable to obtain the consent of all the owners of land if the land was subdivided, after the development approval was given, and is subsequently owned by multiple persons.

s 383 amd 2012 No. 34s 55

384Request can not be withdrawn

A request under this division may not be withdrawn.

385Concurrence agency may advise assessment manager about request

A concurrence agency given a notice under section 383(1)(a) may give the assessment manager a written notice—
(a)stating it has no objection to the extension being approved; or
(b)stating it objects to the extension being approved and giving reasons for the objection.

386Deciding particular requests

(1)This section applies if the request for the extension was accompanied by evidence showing that the person asked a chief executive for the chief executive’s written agreement to the extension.
(2)The assessment manager must refuse the request if the chief executive gives the assessment manager written notice that the chief executive does not agree to the extension.
(3)If the chief executive agrees to the extension, the assessment manager must decide the request within 30 business days after receiving the written agreement.
(4)Subsection (3) applies despite section 387(1).

387Assessment manager to decide request

(1)The assessment manager must approve or refuse the extension within 30 business days after receiving the request.
(2)If there was a concurrence agency, the assessment manager must not approve or refuse the extension until at least 20 business days after receiving the request.
(3)The assessment manager and the person making the request may agree to extend the period within which the assessment manager must decide the request.
(4)The assessment manager may decide the request even if the development approval was granted by the court.

388Deciding request

(1)In deciding a request under section 383, the assessment manager must only have regard to—
(a)the consistency of the approval, including its conditions, with the current laws and policies applying to the development, including, for example, the amount and type of infrastructure contributions, or charges payable under chapter 8, parts 2 and 3; and
(b)the community’s current awareness of the development approval; and
(c)whether, if the request were refused—
(i)further rights to make a submission may be available for a further development application; and
(ii)the likely extent to which those rights may be exercised; and
(d)the views of any concurrence agency for the approval given under section 385.
(2)If the assessment manager does not receive a notice under section 385 from a concurrence agency within 20 business days after the day the request was received by the assessment manager, the assessment manager must decide the request as if the concurrence agency had no objection to the request.
(3)Despite subsection (2), if the development approval is subject to a concurrence agency condition about the period mentioned in section 341, the assessment manager must not approve the request unless the concurrence agency advises it has no objection to the extension being approved.
(4)If the assessment manager receives a notice under section 385 from a concurrence agency within 20 business days after the day the request was received by the assessment manager, the assessment manager must have regard to the notice when deciding the request.

s 388 amd 2011 No. 17s 15; 2014 No. 36s 56sch 1

389Assessment manager to give notice of decision

After deciding the request, the assessment manager must give written notice of the decision to the person asking for the extension and any concurrence agency that gave the assessment manager a notice under section 385.

390Approval does not lapse until request is decided

Despite section 341, the development approval does not lapse until the assessment manager decides the request.

Division 6 Recording approvals on planning scheme

391Particular approvals to be recorded on planning scheme

(1)This section applies if a local government—
(a)gives a development approval, other than a deemed approval, and is satisfied the approval conflicts with the planning scheme; or
(b)gives a development approval mentioned in section 242; or
(c)decides to agree or is taken to have decided to agree under chapter 3, part 2, division 5 to a request for a superseded planning scheme to apply for particular development.
(2)The local government must—
(a)note the approval or decision on its planning scheme; and
(b)give the chief executive written notice of the notation and the land to which the note relates.
(3)The note is not an amendment of the planning scheme.
(4)Failure to comply with subsection (2) does not affect the validity of the approval or decision.

Part 9 [Repealed]

pt hdg om 2012 No. 16s 70

392[Repealed]

s 392 om 2012 No. 16s 70

Part 10 Compliance stage

Division 1 Preliminary

393Purpose of compliance stage

The compliance stage allows for development, or a document or work relating to development, to be assessed for compliance with—
(a)a matter or thing prescribed under a regulation; or
(b)a planning instrument; or
(c)a preliminary approval to which section 242 applies; or
(d)a condition of a development approval or compliance permit.

s 393 amd 2012 No. 34s 56

394Compliance permit

A compliance permit authorises development requiring compliance assessment to take place—
(a)to the extent stated in the permit; and
(b)subject to the conditions in the permit.

395Compliance certificate

A compliance certificate approves documents or works requiring compliance assessment—
(a)to the extent stated in the certificate; and
(b)subject to the conditions in the certificate.

396What does compliance stage apply to

The compliance stage applies to—
(a)development that under section 232(1) requires compliance assessment; or
(b)a document or work relating to development that, under section 397, requires compliance assessment.

397Nominating a document or work for compliance assessment—generally

(1)A regulation may declare that a document or work is a document or work requiring compliance assessment.

Note—

Under section 232(1), a regulation may prescribe that development is development requiring compliance assessment.
(2)Any of the following also may state that a document or work is a document or work requiring compliance assessment—
(a)a State planning regulatory provision;
(b)a preliminary approval to which section 242 applies;
(c)a temporary local planning instrument;
(d)a planning scheme.
(3)A regulation under subsection (1), or a regulation under section 232(1) prescribing development requiring compliance assessment, or an instrument mentioned in subsection (2) must state—
(a)the matters or things against which the development, document or work must be assessed; and
(b)the entity to whom a request for compliance assessment under this part must be made (the compliance assessor).
(4)The regulation or other instrument also may state, for documents or work, when the request for compliance assessment must be made.
(5)An instrument mentioned in subsection (2)(b), (c) or (d) is a relevant instrument.

s 397 amd 2012 No. 34s 57

398Nominating document or work for compliance assessment—condition of development approval or compliance permit

(1)A condition of a development approval or compliance permit may state that a document or work is a document or work requiring compliance assessment.
(2)The condition must state—
(a)the matters or things against which the document or work must be assessed; and
(b)the entity to whom a request for compliance assessment under this part must be made (the compliance assessor); and
(c)when the request for compliance assessment under this part must be made.
(3)However, the condition may only require the document or work to be assessed for compliance with any of the following—
(a)a matter or thing prescribed under a regulation;
(b)a State planning regulatory provision or part of a State planning regulatory provision;
(c)a State planning policy or part of a State planning policy;
(d)a planning scheme or part of a planning scheme;
(e)a temporary local planning instrument or part of a temporary local planning instrument;
(f)if the development approval relates to an application made under a preliminary approval to which section 242 applies—a matter or thing stated in the preliminary approval.

s 398 amd 2012 No. 34s 58

399Who may carry out compliance assessment

(1)Compliance assessment of development, a document or work must be carried out by—
(a)a local government; or
(b)a nominated entity of a local government; or
(c)a public sector entity; or
(d)a nominated entity of a public sector entity.
(2)Subsection (3) applies if a relevant instrument or a local government condition states that a nominated entity of a local government may be the compliance assessor for development, a document or work.
(3)A nominated entity of a local government may carry out compliance assessment under this part for the development, document or work.
(4)Subsection (5) applies if an instrument mentioned in section 397(2) or a public sector entity condition states that a nominated entity of a public sector entity may be the compliance assessor for development, a document or work.
(5)A nominated entity of a public sector entity may carry out compliance assessment under this part for the development, document or work.
(6)In this section—
local government condition means a condition of—
(a)a development approval imposed by a local government as assessment manager; or
(b)a compliance permit imposed by a local government as compliance assessor.
nominated entity, of a local government, means a suitably qualified entity that, by resolution of the local government, is nominated to carry out compliance assessment for the local government.
nominated entity, of a public sector entity, means a suitably qualified entity that is nominated by the chief executive of the public sector entity to carry out compliance assessment for the public sector entity.
public sector entity condition means a condition of—
(a)a development approval imposed by a public sector entity as assessment manager or a concurrence agency; or
(b)a compliance permit imposed by a public sector entity as compliance assessor.

s 399 sub 2012 No. 16s 71

400When compliance stage starts

The compliance stage starts on the day a request for compliance assessment is given to the compliance assessor under section 401.

Division 2 Compliance assessment

Subdivision 1 Request for compliance assessment

401Request for compliance assessment

A request for compliance assessment of development, a document or work must—
(a)be given to the compliance assessor for the development, document or work; and
(b)be in the approved form; and
(c)be accompanied by—
(i)if the compliance assessor is a local government—the fee fixed by resolution of the local government; or
(ii)if the compliance assessor is a public sector entity—the fee prescribed under a regulation under this or another Act; or
(iii)if the compliance assessor is a nominated entity of a local government or a public sector entity—the fee agreed between the person making the request and the nominated entity; and
(d)for work yet to be completed—be supported by any document, relevant to the work, that is subject to compliance assessment.

s 401 amd 2012 No. 16s 72

Subdivision 2 Referring request to local government

402Aspects of development requiring compliance assessment to be referred to local government

(1)This section applies if—
(a)the compliance assessor for development requiring compliance assessment is a nominated entity of a local government; and
(b)under a relevant instrument an aspect of the development must be referred to the local government.
(2)The nominated entity must give the local government a copy of the request for compliance assessment.
(3)The local government’s jurisdiction is limited to assessing the aspect of development referred to the local government.
(4)The local government must assess the aspect of development against the matters or things mentioned in section 403 that are relevant to the aspect.
(5)The local government must, within 10 business days after receiving the copy of the request—
(a)assess the aspect of development referred to the local government; and
(b)give the compliance assessor written notice of its response.
(6)The local government’s response may, within the limits of its jurisdiction, tell the compliance assessor—
(a)the conditions that must attach to the compliance permit; or
(b)that the local government is satisfied the development does not achieve compliance; or
(c)that it has no requirements relating to the request.
(7)If the local government is satisfied the development does not achieve compliance, the local government’s response must include—
(a)the reasons the local government is satisfied the development does not achieve compliance; and
(b)the action required for the development to comply.
(8)If the local government does not give the compliance assessor written notice of its response within 10 business days after receiving the copy of the request, the local government is taken to have no requirements relating to the request.
(9)For assessing the aspect of development referred to the local government, the local government may charge the applicant the fee fixed by resolution of the local government.

Subdivision 3 Compliance assessor to assess and decide request

403Assessment of request

The compliance assessor must assess the development, document or work only against the matters or things against which the development, document or work must be assessed under the regulation, State planning regulatory provision, relevant instrument or condition requiring the compliance assessment.

404Assessment of request under superseded planning scheme

(1)If, under chapter 3, part 2, division 5, a local government has agreed or is taken to have agreed to assess a request for compliance assessment under a superseded planning scheme, the compliance assessor must assess and decide the request as if—
(a)the request were a request to which the superseded planning scheme applied; and
(b)the existing planning scheme was not in force; and
(c)for chapter 8, parts 2 and 3, the infrastructure provisions of the existing planning scheme applied.
(2)This section applies despite sections 81, 120 and 121.

s 404 amd 2014 No. 36s 56sch 1

405Deciding request

(1)Subsections (2) and (3) apply if the compliance assessor is satisfied the development, document or work achieves compliance, or would achieve compliance if particular conditions were complied with.
(2)The compliance assessor must approve the request, unless a local government has, under section 402, told the compliance assessor that it considers the development does not achieve compliance.
(3)The request may be approved with or without conditions.
(4)Subsection (5) applies if—
(a)the compliance assessor is satisfied the development, document or work does not achieve compliance; or
(b)a local government has, under section 402, told the compliance assessor that it considers the development does not achieve compliance.
(5)The compliance assessor must give the person making the request written notice (an action notice) stating—
(a)the day the notice is given; and
(b)the reasons the development, document or work does not achieve compliance; and
(c)the action required for the development, document or work to comply; and
(d)the reasonable period within which the person may again make a request for compliance assessment of the development, document or work after taking the action; and
(e)that the person may make written representations to the compliance assessor about the matters mentioned in paragraph (b), (c) or (d); and
(f)that the request may lapse under section 411 if the person does not again make a request for the compliance assessment within the period mentioned in paragraph (d); and
(g)the rights of appeal of the person making the request.
(6)If the compliance assessor gives a person an action notice, the person may, after carrying out the stated action required for the development, document or work to comply, again apply for compliance assessment of the development, document or work under section 401 within the period stated in the notice for that purpose.
(7)However, sections 401(c) and 402(9) do not apply to the request.

406Conditions must be relevant and reasonable

(1)A condition imposed on development or work requiring compliance assessment must—
(a)be relevant to, but not an unreasonable imposition on the development or work, or use of premises as a consequence of the development or work; or
(b)be reasonably required in relation to the development or work, or use of premises as a consequence of the development or work.
(2)A condition imposed on a document requiring compliance assessment must be relevant to the matters dealt with in the document.
(3)If the compliance assessor is a public sector entity or a local government, subsections (1) and (2) apply despite the laws that are administered by, and the policies that are reasonably identifiable as policies applied by, the compliance assessor.

406AConditions about water infrastructure

(1)This section applies if the compliance assessor is—
(a)a participating local government of a distributor-retailer; or
(b)a nominated entity of a participating local government of a distributor-retailer.
(2)A condition can not be imposed in relation to the distributor-retailer’s water infrastructure about a matter for which the SEQ Water Act requires a water approval.

Examples of conditions that can not be imposed—

works to be carried out
a monetary payment
land in fee simple to be given
that an infrastructure agreement be entered into
(3)However, a condition may be imposed that any necessary water approval under the SEQ Water Act must be obtained from a distributor-retailer.

s 406A ins 2014 No. 16s 29

407Compliance assessor to give compliance permit or certificate on approval of request

(1)If the compliance assessor approves the request, the assessor must give the person making the request—
(a)if the request is for compliance assessment of development—a compliance permit; or
(b)if the request is for compliance assessment of a document or work—a compliance certificate.
(2)The compliance permit or certificate must state the conditions, if any, imposed on the permit or certificate.
(3)The compliance permit must include any conditions that a local government has, under section 402(6)(a), told the compliance assessor to attach to the permit.
(4)If the compliance permit or certificate states any conditions, the permit or certificate must be accompanied by a written notice stating the rights of appeal of the person making the request.

408When notice about decision must be given

(1)The compliance assessor must, within the period prescribed under a regulation—
(a)decide the request; and
(b)give the person making the request—
(i)a compliance permit or compliance certificate; or
(ii)an action notice.
(2)If the compliance assessor is a nominated entity of a local government and a copy of the request for compliance assessment is given to the local government under section 402, the compliance assessor must not decide the request until at least 15 business days after giving the copy to the local government.
(3)If the compliance assessor does not comply with subsection (1) for a request—
(a)the request is taken to have been approved by the assessor without conditions; and
(b)the assessor must as soon as practicable give the person making the request—
(i)if the request is for compliance assessment of development—a compliance permit; or
(ii)if the request is for compliance assessment of a document or work—a compliance certificate.
(4)If a compliance assessor, other than a local government, gives a person a compliance permit or compliance certificate, the compliance assessor must give a copy of the permit or certificate to the local government for the area to which the permit or certificate relates.

409Duration and effect of compliance permit

(1)A compliance permit for development takes effect—
(a)if the person who requested the permit does not appeal the decision to the court or a building and development committee—on the day the permit is given; or
(b)if the person who requested the permit appeals the decision to the court or a building and development committee, subject to sections 490(3) and 553(3) and the decision of the court or committee under section 496 or 564—when the appeal is finally decided or withdrawn.
(2)A compliance permit for development lapses if the development is not completed within—
(a)the period stated for that purpose in a condition of the permit; or
(b)if no period is stated for that purpose in a condition of the permit—the period prescribed under a regulation.
(3)A compliance permit attaches to the land the subject of the request and binds the owner, the owner’s successors in title and any occupier of the land.

410When development may start

Development requiring compliance assessment may start when a compliance permit for the development takes effect.

Subdivision 4 Lapsing of request

411When request for compliance assessment lapses

(1)This section applies if a person requesting compliance assessment of development, a document or work is given an action notice about the request.
(2)If the person—
(a)has not made written representations about the action notice under section 412; and
(b)does not again apply for compliance assessment of the development, document or work within the period stated in the notice for that purpose;

the request lapses at the end of the stated period.

(3)If the person—
(a)is given a new action notice under section 412(4) or (5) for the development, document or work; and
(b)does not again apply for compliance assessment of the development, document or work within the period stated in the new notice for that purpose;

the request lapses at the end of the stated period.

(4)If the person—
(a)is given a notice (the assessment notice) under section 412(9) for the development, document or work; and
(b)does not again apply for compliance assessment of the development, document or work within the period stated in the assessment notice for that purpose;

the request lapses at the end of the stated period.

Division 3 Changing notices, compliance permits and certificates

412Changing and withdrawing action notice

(1)This section applies if a person is given an action notice.
(2)The person may, before the period mentioned in section 405(5)(d) and stated in the notice ends, make written representations to the compliance assessor about a matter mentioned in section 405(5)(b), (c) or (d) and stated in the notice.
(3)If the compliance assessor agrees with all the written representations about a matter mentioned in section 405(5)(b)—
(a)the compliance assessor must withdraw the action notice; and
(b)the period prescribed under section 408 for deciding the request starts on the day the notice is withdrawn.
(4)If the compliance assessor agrees with some, but not all, of the written representations about a matter mentioned in section 405(5)(b), the compliance assessor must give a new action notice to the person.
(5)If the compliance assessor agrees with any written representations about a matter mentioned in section 405(5)(c) or (d), the compliance assessor must give a new action notice to the person.
(6)If the compliance assessor is a nominated entity of a local government and the local government’s response under section 402 states the development does not achieve compliance, the compliance assessor must not withdraw the action notice, or give a new action notice, without the written agreement of the local government.
(7)Only 1 new action notice may be given.
(8)The new action notice replaces the notice initially given under section 405(5).
(9)If the compliance assessor does not agree with all the written representations about a matter mentioned in section 405(5)(b), (c) or (d), the compliance assessor must give the person a written notice stating—
(a)the decision about the representations; and
(b)the reasonable period within which the person may again make a request for compliance assessment of the development, document or work.

413Changing compliance permit or compliance certificate

(1)A person may, by written notice given to the compliance assessor that gave a compliance permit or compliance certificate, ask the compliance assessor to change the permit or certificate.
(2)The compliance assessor must, as soon as practicable after receiving the request—
(a)decide to change or refuse to change the compliance permit or compliance certificate; and
(b)if the compliance assessor decides to change the compliance permit or compliance certificate—give the person a new permit or certificate showing the change; and
(c)if the compliance assessor decides to refuse to change the compliance permit or compliance certificate—give the person a written notice stating—
(i)the decision and the reasons for the decision; and
(ii)the rights of appeal for the person seeking the change.
(3)If the compliance assessor is a nominated entity of a local government and the change is to a condition of a compliance permit imposed by a local government, the compliance assessor must not change the condition without the written agreement of the local government.
(4)Subsection (5) applies if—
(a)the entity that gave the compliance permit or compliance certificate was a nominated entity of a local government or a public sector entity; and
(b)the entity is no longer a nominated entity.
(5)For subsection (1), the person may ask the following entity to change the permit or certificate—
(a)if the entity that gave the compliance permit or compliance certificate was a nominated entity of a local government—the local government;
(b)if the entity that gave the compliance permit or compliance certificate was a nominated entity of a public sector entity—the public sector entity.

s 413 amd 2012 No. 16s 73

414When decision about change has effect

If the compliance assessor decides to change the compliance permit or compliance certificate, the change takes effect—
(a)on the day the new compliance permit or compliance certificate is given to the person who requested the change; or
(b)if a person has appealed against the decision—on the day the appeal is finally decided or withdrawn.

Division 4 Other matters

415Regulation may prescribe additional requirements and actions

A regulation may prescribe—
(a)requirements, for example, scale, for the document for which compliance assessment is requested; or
(b)additional actions that may, or must, be taken by the compliance assessor; or
(c)the form of a compliance permit or compliance certificate.

416Effect on deciding request if action taken under Native Title Act 1993 (Cwlth)

(1)This section applies if a compliance assessor takes action under the Native Title Act 1993 (Cwlth), section 24HA or 24KA.
(2)If the compliance assessor takes the action before the request is decided, the request can not be decided until the action is completed.

Part 11 Ministerial IDAS powers

Division 1 Ministerial directions

417Ministerial directions to assessment managers—future applications

(1)The Minister may give a direction to an assessment manager requiring a copy of all applications for particular development or for development in a particular area to be given to the Minister.
(2)The Minister may give the direction only in relation to development or an area involving a State interest.
(3)The direction must be given by publishing a notice—
(a)in a newspaper circulating generally in the State; and
(b)in the gazette.
(4)The notice must state—
(a)details of the development or area to which the direction relates; and
(b)the reasons for deciding to give the direction; and
(c)the State interest giving rise to the direction; and
(d)the point in the IDAS process when the copy of the application must be given to the Minister; and
(e)the material that must be given to the Minister.
(5)The Minister must give a copy of the notice to each entity the Minister considers is likely to be an assessment manager or referral agency for an application to which the direction relates.

418Ministerial directions to assessment managers—particular applications

(1)The Minister may, by written notice, give a direction to an assessment manager for an application—
(a)to not decide the application until the end of the stated period of not more than 20 business days after the direction is given, if—
(i)the assessment manager has not decided the application; and
(ii)the development involves, or may involve, a State interest; or
(b)to decide the application within a stated period of at least 20 business days, if the assessment manager has not decided the application by the end of the decision-making period, including any extension of the decision-making period; or
(c)to decide the application within the decision-making period, if the development involves a State interest; or
(d)to decide whether to give a negotiated decision notice within a stated period of at least 20 business days, if the assessment manager has not made a decision on representations made to the assessment manager under section 361; or
(e)to take an action under IDAS within the reasonable period stated in the direction, if the assessment manager has not otherwise complied with the period for taking the action; or
(f)to take an action under IDAS within the reasonable period stated in the direction, if the Minister is satisfied the development involves a State interest.
(2)The notice must state—
(a)the reasons for deciding to give the direction; and
(b)for a direction under subsection (1)(a)—
(i)the State interest giving rise to the direction; and
(ii)that the Minister may, within the period in which the assessment manager can not decide the application, call in the application under division 2 or give a further direction; and
(c)for a direction under subsection (1)(c) or (f)—the State interest giving rise to the direction.
(3)The Minister must give the applicant and any referral agencies a copy of the notice.
(4)The assessment manager must comply with the direction.
(5)If the Minister gives the assessment manager a direction under subsection (1)(a)—
(a)the IDAS process stops on the day the direction is given and starts again—
(i)when the period mentioned in subsection (1)(a) ends; or
(ii)if the Minister calls in the application under division 2 or gives a new direction before the period mentioned in subsection (1)(a) ends—on the day the Minister calls in the application or gives the new direction; and

Note—

A notice of call in under division 2 also may affect the IDAS process.
(b)the Minister must not call in the application under division 2 after the period mentioned in subsection (1)(a) ends.

419Ministerial directions to assessment managers—conditions

(1)The Minister may, by written notice, give a direction to an assessment manager for an application to attach to any development approval the conditions stated in the notice if—
(a)the assessment manager has not decided the application, or a deemed approval for the application has not taken effect under section 339; and
(b)the development involves a State interest; and
(c)the matter the subject of the direction is not within the jurisdiction of a concurrence agency for the application.
(2)The notice must state—
(a)the reasons for deciding to give the direction; and
(b)the State interest giving rise to the direction.
(3)The Minister must give the applicant and any referral agencies a copy of the notice.
(4)The assessment manager must comply with the direction.

420Ministerial directions to concurrence agencies

(1)The Minister may, by written notice, give a direction to a concurrence agency for an application—
(a)if the Minister is satisfied there are inconsistencies between 2 or more concurrence agency’s responses—to reissue the concurrence agency’s response to address the inconsistency; or
(b)if the Minister is satisfied the concurrence agency’s response contains a condition that does not comply with section 345 or 347—to reissue the concurrence agency’s response without the condition or with a modified condition; or
(c)if the Minister is satisfied the concurrence agency’s response is not within the limits of its jurisdiction—to reissue the concurrence agency’s response in a stated way to ensure the concurrence agency’s response is within the limits of its jurisdiction; or
(d)if the Minister is satisfied the concurrence agency has not assessed an application under the Act—to reissue the concurrence agency’s response in a stated way to ensure the concurrence agency has assessed the application under the Act; or
(e)if the Minister is satisfied the concurrence agency has not complied with the reasonable period for taking an action under IDAS—to take the action within the reasonable period stated in the direction; or
(f)if the Minister is satisfied the development involves a State interest—to take an action under IDAS within the reasonable period stated in the direction.
(4)A notice given under subsection (1) must state the reasons for deciding to give the direction.
(5)The Minister must give the assessment manager, the applicant and any other referral agency a copy of the notice.
(6)The concurrence agency must comply with the direction.
(7)The Minister may give a direction under this section even if the referral agency’s assessment period for the concurrence agency has ended.
(8)If the Minister gives a direction under this section, the assessment manager can not decide the application until the concurrence agency’s response is reissued or the action is taken.

Note—

If the Minister gives a direction under this section, the concurrence agency may give or amend its response after the end of the assessment period for the application. See section 290(1).

s 420 amd 2012 No. 16s 74; 2014 No. 40s 76

421Ministerial directions to applicants

(1)The Minister may, by written notice, give a direction to an applicant who has not complied with a stage of IDAS, or an aspect of a stage of IDAS, to take stated action relating to the stage or aspect to ensure compliance with IDAS.
(2)The notice must state—
(a)the reasons for deciding to give the direction; and
(b)the reasonable period within which the action must be taken.
(3)The notice may also state the point in the IDAS process from which the process must restart.
(4)The Minister must give the assessment manager and the referral agencies a copy of the notice.
(5)The applicant must comply with the direction.
(6)If the direction states the point in the IDAS process from which the process must restart and the applicant complies with the direction, the process must, for the application, restart at that point.

422Report about decision

(1)If the Minister gives a direction under section 419, the Minister must, after giving the direction, prepare a report about the Minister’s decision.
(2)Without limiting subsection (1), the Minister must include the following in the report—
(a)a copy of the application;
(b)a copy of the notice given under section 419;
(c)the Minister’s reasons for the decision.
(3)The Minister must cause a copy of the report to be tabled in the Legislative Assembly within 14 sitting days after the Minister’s decision is made.

422ANo requirement to consult on directions

The Minister is not required to consult with anyone before giving a direction under this division.

s 422A ins 2012 No. 3s 74

Division 2 Ministerial call in powers

423Definitions for div 2

In this division—
assessment and decision provisions means sections 313, 314, 316, 326 and 329.
Minister includes the Minister administering the State Development and Public Works Organisation Act 1971.
proposed call in notice, for an application, see section 424A(1).

def proposed call in notice ins 2012 No. 3s 75

representation period, for an application, means—
(a)the stated representation period mentioned in section 424A(3)(h); or
(b)if the stated representation period is extended or further extended under section 424A(4)—the period as extended or further extended.

def representation period ins 2012 No. 3s 75

424Application may be called in only for State interest

The Minister may, under this division, call in an application only if the development involves a State interest.

s 424 sub 2012 No. 3s 76

424ANotice of proposed call in

(1)Before calling in the application, the Minister must give written notice of the proposed call in (the proposed call in notice) to each of the following—
(a)the assessment manager;
(b)the applicant;
(c)any submitters for the application, of which the Minister is aware when the notice is given;
(d)each concurrence agency for the application.
(2)The notice may be given at any time after the application is made until the latest of the following—
(a)15 business days after the day the chief executive receives notice of an appeal about the application;
(b)if there are any submitters for the application—50 business days after the day the decision notice or negotiated decision notice is given to the applicant;
(c)if there are no submitters for the application and a decision notice or negotiated decision notice is given—25 business days after the day the decision notice or negotiated decision notice is given to the applicant;
(d)if the application is taken to have been approved under section 331 and a decision notice or negotiated decision notice is not given—25 business days after the day the decision notice was required to be given to the applicant.
(3)The notice must state all of the following—
(a)the Minister is proposing to call in the application;
(b)the reasons for the proposed call in;
(c)if the notice is given before the assessment manager makes a decision on the application—that the IDAS process stops on the day the notice is given;
(d)the point in the IDAS process, before or at the start of the decision stage, the Minister proposes the process will restart if the application is called in;
(e)whether the Minister intends to assess and decide, or reassess and re-decide, the application having regard only to the State interest for which the application may be called in;
(f)if the Minister intends to assess and decide, or reassess and re-decide, the application having regard only to the State interest—that the assessment and decision provisions do not apply to the Minister’s assessment of, and decision on, the application;
(g)if the application is proposed to be called in before the assessment manager makes a decision on the application—whether the Minister intends to give a direction to the assessment manager under section 425(6);
(h)that the person to whom the notice is given may make representations to the Minister about the proposed call in within the period (the stated representation period), of at least 5 business days after the notice is given, stated in the notice.
(4)The Minister may, by notice given to each person to whom the proposed call in notice was given and before the end of the stated representation period or any extension of the period, extend or further extend the period for making representations to the Minister.

s 424A ins 2012 No. 3s 76

424BEffect of proposed call in notice on IDAS process

(1)If the proposed call in notice is given before the assessment manager decides the application, the IDAS process stops at the point in the process at which the notice is given.
(2)If the Minister gives notice under section 424C(2) that the application will not be called in, the IDAS process restarts from the point in the process at which it stopped under subsection (1).

s 424B ins 2012 No. 3s 76

424CMinister to consider representations about proposed call in

(1)The Minister must, after considering all representations made to the Minister in the representation period for the application, decide—
(a)to call in the application; or
(b)not to call in the application.
(2)If the Minister decides not to call in the application, the Minister must, within 20 business days after the end of the representation period for the application, give each person to whom the proposed call in notice was given a written notice stating—
(a)the application will not be called in; and
(b)if the proposed call in notice was given before the assessment manager made a decision on the application—the IDAS process for the application restarts from the point in the process at which it stopped because of the giving of the proposed call in notice.

s 424C ins 2012 No. 3s 76

424DEffect of proposed call in on appeal period

(1)This section applies—
(a)to an application for which a notice is given under section 424C(2) if the assessment manager has made a decision on the application before the notice is given; and
(b)for any appeal period relating to the application under this Act.
(2)The appeal period for the application is taken to have started again the day after the notice is given.
(3)Subsection (2) applies—
(a)whether or not the notice is given after the appeal period would, but for this section, have ended; and
(b)despite any other provision of this Act.

s 424D ins 2012 No. 3s 76

424EEffect of proposed call in notice on development approval

(1)This section applies if a proposed call in notice is given for an application—
(a)after a development permit or a deemed approval for development under the application has taken effect; or
(b)before a development permit or a deemed approval for development under the application has taken effect, if a permit or approval takes effect for the development before the application is called in under section 425.
(2)For this Act, the development permit or deemed approval is taken not to be in effect—
(a)from—
(i)if subsection (1)(a) applies to the application—the day the applicant receives the proposed call in notice; or
(ii)if subsection (1)(b) applies to the application—the day the development permit or deemed approval would take effect but for this section; and
(b)until—
(i)if the Minister decides not to call in the application—the day the applicant receives notice of that decision; or
(ii)if the Minister decides to call in the application—the day the applicant receives notice of the call in under section 425.

s 424E ins 2012 No. 3s 76

425Notice of call in

(1)If the Minister decides to call in the application, the Minister may, by written notice given to the assessment manager, call in the application.
(2)The notice may be given at any time before the day that is 20 business days after the representation period for the application ends.
(3)The notice must state—
(a)the reasons for calling in the application; and
(b)whether the Minister intends to assess and decide, or reassess and re-decide, the application having regard only to the State interest for which the application was called in; and
(c)if the Minister intends to assess and decide, or reassess and re-decide, the application having regard only to the State interest—that the assessment and decision provisions do not apply to the Minister’s assessment of, and decision on, the application; and
(d)the point in the IDAS process, before or at the start of the decision stage decided by the Minister, from which the process must restart.
(4)For subsection (3)(d), the Minister may decide a point in the IDAS process that is different to the restarting point mentioned in the proposed call in notice for the application.
(5)In deciding the point at which the IDAS process restarts, the Minister may have regard to the application, the representations made to the Minister in the representation period for the application and any other matters the Minister considers relevant.
(6)If the application is called in before the assessment manager makes a decision on the application, the Minister may, in the notice, direct the assessment manager—
(a)to assess, or continue to assess, the application; and
(b)to refer the application to the Minister for decision.
(7)The Minister must not give the assessment manager a direction under subsection (6) if the Minister intends to assess and decide the application having regard only to the State interest for which the application was called in.
(8)The Minister must give a copy of the notice to—
(a)the applicant; and
(b)any concurrence agency; and
(c)any submitter.

s 425 amd 2012 No. 3s 77

426Minister’s action on calling in application

(1)If the application is called in before the assessment manager makes a decision on the application—
(a)the Minister may assess and decide the application in the place of the assessment manager; or
(b)the Minister may—
(i)direct the assessment manager to assess or continue to assess the application; and
(ii)decide the application in the place of the assessment manager.
(2)If the application is called in after the assessment manager makes a decision on the application, the Minister may reassess and re-decide the application in the place of the assessment manager.
(3)Subsection (4) applies if the Minister assesses and decides, or reassesses and re-decides, the application.
(4)The Minister may, if the Minister considers it appropriate in the circumstances, assess and decide, or reassess and re-decide, the application having regard only to the State interest for which the application was called in.

427Effect of call in

(1)If the Minister calls in an application, the Minister is the assessment manager from when the application is called in until the Minister gives the decision notice.
(2)If the application is called in before the assessment manager makes a decision on the application, the IDAS process restarts from the point in the IDAS process stated in the notice of the call in for that purpose.
(3)If the application is called in after the assessment manager makes a decision on the application, the decision is taken to be of no effect and the IDAS process restarts from the point in the IDAS process stated in the notice of the call in for that purpose.
(4)Until the Minister gives the decision notice on the application, a concurrence agency is taken to be an advice agency.
(5)The Minister’s decision on the application is taken to be the original assessment manager’s decision but a person may not appeal against the Minister’s decision.

Note—

Also, see sections 456(1)(a) and (2) (Court may make declarations and orders) and 508 (Jurisdiction of committees).
(6)If an appeal was made before the application was called in, the appeal is of no further effect.
(7)If the Minister assesses and decides or reassesses and re-decides the application, part 5, division 3, subdivision 4 does not apply to the application.
(8)Despite subsections (2) and (3), if the Minister assesses and decides or reassesses and re-decides the application having regard only to the State interest for which it was called in—
(a)the assessment and decision provisions do not apply to the Minister’s assessment of, and decision on, the application; and
(b)in assessing the application, the Minister may have regard to the common material for the application and any other matter the Minister considers relevant to the State interest.

s 427 amd 2012 No. 3s 78

428Original assessment manager to assist Minister

The entity that was the assessment manager before the application was called in (the original assessment manager) must give the Minister all reasonable assistance the Minister requires to assess or decide the application, including giving the Minister—
(a)all material about the application the assessment manager had before the application was called in; and
(b)any material received by the assessment manager after the application is called in; and
(c)any other material relevant to the assessment of the application.

429Minister’s decision notice

(1)The Minister must give a copy of the decision notice to the original assessment manager when the Minister gives the decision notice to the applicant.
(2)Section 335(1)(e)(ii), (f)(i), and (o) does not apply for the decision notice.
(3)Also, if the Minister assesses and decides, or reassesses and re-decides, the application having regard only to the State interest stated in the call in notice, section 335(1)(m) and (n) does not apply for the decision notice.

430Provision for application called in by regional planning Minister

(1)This section applies despite section 427(2) and (3) for an application called in by the regional planning Minister for a designated region.
(2)The regional planning Minister for the designated region may, by written notice given to the applicant and the relevant local government, suspend the IDAS process until the number of days stated in the notice after—
(a)publication of a notice under section 60 about the designated region’s draft regional plan; or
(b)publication of a notice under section 64 about the designated region’s regional plan.
(3)Despite section 427, the regional planning Minister for the designated region may by written notice, at the end of the suspension of the IDAS process, refer the application to the original assessment manager to assess and decide.
(4)The notice mentioned in subsection (3) must state the point in the IDAS process from which, and the day on which, the process must restart for the application.
(5)For assessing the application, whether by the regional planning Minister for the designated region after acting under subsection (2) or the original assessment manager, section 311 does not apply to the designated region’s regional plan or a planning scheme amendment reflecting the designated region’s regional plan.

431Process if call in decision does not deal with all aspects of the application

(1)If the Minister’s decision notice does not decide all aspects of the application, the Minister must, by written notice, refer the aspects not decided back to the assessment manager.
(2)If the Minister gives a notice under subsection (1), the notice must state the point in the IDAS process from which the process must restart for the aspects of the application not decided by the Minister.

432Report about decision

(1)If the Minister calls in an application, the Minister must, after deciding the application, prepare a report about the Minister’s decision.
(2)Without limiting subsection (1), the Minister must include the following in the report—
(a)a copy of the application;
(b)a copy of the notice given under section 425;
(c)a copy of any referral agency’s response;
(d)an analysis of any submissions made about the application;
(e)a copy of the decision notice;
(f)the Minister’s reasons for the decision;
(g)a copy of any notice given under section 431.
(3)The Minister must cause a copy of the report to be tabled in the Legislative Assembly within 14 sitting days after the Minister’s decision is made.

433Report about compliance with development approval

(1)The Minister may, by written notice given to the assessment manager, require the assessment manager to give the Minister a report about a person’s compliance with a development approval given by the Minister for aspects of the application decided by the Minister.
(2)The notice must include—
(a)details about the matters to be included in the report; and
(b)the period within which the assessment manager must give the report.
(3)The assessment manager must comply with the requirement.

Part 12 Miscellaneous provision

434Refunding fees

An assessment manager or a concurrence agency may, but need not, refund all or part of the fee paid to it to assess an application.

Chapter 7 Appeals, offences and enforcement

Part 1 Planning and Environment Court

Division 1 Establishment and jurisdiction of court

435Continuance of Planning and Environment Court

(1)The Planning and Environment Court, continued in existence under repealed IPA, section 4.1.1, is continued in existence under this Act.
(2)The court is a court of record.
(3)The court has a seal that must be judicially noticed.

436Jurisdiction of court

(1)The court has the jurisdiction given to it under any Act, including the jurisdiction to hear and decide every appeal made under this Act for the review of a decision of a building and development committee.
(2)Subject to section 508, the jurisdiction given to the court under this Act is exclusive.
(3)Subject to division 14, every decision of the court is final and conclusive and is not to be impeached for any informality or want of form or be appealed against, reviewed, quashed or in any way called into question in any court.
(4)If a proceeding comes before the court under another Act, subsection (3) applies subject to the other Act.

437Proceedings open to public

Each proceeding must be open to the public, unless the rules of court provide otherwise.

Division 2 Powers of court

438Subpoenas

(1)The court may summon a person as a witness and may—
(a)require the person to produce in evidence documents in the person’s possession or power; and
(b)examine the person; and
(c)punish the person for not attending under the summons or for refusing to give evidence or for neglecting or refusing to produce the documents.
(2)Despite subsection (1), a person is not required to give evidence that may tend to incriminate the person.
(3)For subsection (1), a judge of the court has the same powers as a District Court judge.

439Contempt and contravention of orders

(1)A judge of the court has the same power to punish a person for contempt of the court as the judge has to punish a person for contempt of the District Court.
(2)The District Court of Queensland Act 1967, section 129, applies in relation to the court in the same way as it applies in relation to the District Court.
(3)If a person at any time contravenes an order of the court, the person is also taken to be in contempt of the court.

440How court may deal with matters involving noncompliance

(1)Subsection (2) applies if the court finds a provision of this Act, or another Act in its application to this Act, has not been complied with, or has not been fully complied with.
(2)The court may deal with the matter in the way the court considers appropriate.
(3)To remove any doubt, it is declared that this section applies in relation to a development application that has lapsed or is not a properly made application.

441Terms of orders etc.

The court may make an order, give leave or do anything else it is authorised to do on the terms the court considers appropriate.

442Taking and recording evidence etc.

The court must take evidence on oath, affirmation, affidavit or declaration and must record the evidence.

Division 3 Constituting court

443Constituting court

(1)The Governor in Council may, from time to time by gazette notice, notify the names of District Court judges who are to be the judges who constitute the court.
(2)The Governor in Council may notify the names of District Court judges to constitute the court for a stated period only.
(3)A District Court judge who constitutes the court may do so even if another District Court judge is constituting the court at the same time.
(4)A failure to notify the name of a District Court judge under subsection (1) does not affect, and never has affected, the validity of any decision or order made by the judge constituting, or purporting to constitute, the court.
(5)A decision or order of a District Court judge constituting, or purporting to constitute, the court after the expiry of the period stated for the judge under subsection (2) is not, and never has been, invalidly made merely because the decision or order was made after the expiry.

444Jurisdiction of judges not impaired

The jurisdiction of a District Court judge named to constitute the court is not limited exclusively to the court.

Division 4 Rules and orders or directions about proceedings

445Rules of court

(1)The Governor in Council, with the concurrence of 2 or more District Court judges of whom the Chief Judge is to be 1, may make rules about anything—
(a)required or permitted to be prescribed by the rules; or
(b)necessary or convenient to be prescribed for the purposes of the court.
(2)Without limiting subsection (1), the rules may provide for the procedures of the court, including matters that may be dealt with by a court officer.
(3)The procedures of the court are governed by the rules.
(4)The rules may be uniform rules that apply to other courts.
(5)The rules are subordinate legislation.

446Orders or directions

(1)The court may make an order or direction about the conduct of a proceeding it considers appropriate, even though the order or direction may be inconsistent with a provision of the rules.
(2)The Chief Judge of the District Court may issue directions of general application about the procedure of the court, even though the direction may be inconsistent with a provision of the rules.
(3)In deciding whether to make an order or direction, the interests of justice are paramount.
(4)If an order or direction of the court or the Chief Judge is inconsistent with a provision of the rules, the order or direction prevails to the extent of the inconsistency.
(5)The court or Chief Judge may at any time vary or revoke an order or direction made under this section.

Division 5 Parties to proceedings and court sittings

447Where court may sit

The court may sit at any place.

448Appearance

A party to a proceeding may appear personally or by lawyer or agent.

449Adjournments

The court may—
(a)adjourn proceedings from time to time and from place to place; and
(b)adjourn proceedings to a time, or a time and place, to be fixed.

450What happens if judge dies or is incapacitated

(1)This section applies if, after starting to hear a proceeding, the judge hearing the proceeding (the first judge) dies or can not continue with the proceeding for any reason, including, for example, absence or illness.
(2)Another judge may—
(a)after consulting with the parties—
(i)order the proceeding be reheard; or
(ii)adjourn the proceeding to allow the first judge to continue dealing with the proceeding when able; or
(b)with the consent of the parties, make an order the judge considers appropriate about—
(i)deciding the proceeding; or
(ii)completing the hearing of, and deciding, the proceeding.
(3)An order mentioned in subsection (2)(b) is taken to be a decision of the court.

451Stating case for Court of Appeal’s opinion

(1)This section applies if a question of law arises during a proceeding and the judge considers it desirable that the question be decided by the Court of Appeal.
(2)The judge may state the question in the form of a special case for the opinion of the Court of Appeal.
(3)The special case may be stated only during the proceeding mentioned in subsection (1).
(4)Until the Court of Appeal has decided the special case, the court must not make a decision to which the question is relevant.
(5)When the Court of Appeal has decided the special case, the court must not proceed in a way, or make a decision, that is inconsistent with the Court of Appeal’s decision on the special case.

Division 6 Registry and other court officers

452Registrars and other court officers

(1)The principal registrar of the District Court at Brisbane is the principal registrar of the court.
(2)The registrars of the District Court are the registrars of the court.
(3)The other court officers of the District Court are the other court officers of the court.

453Registries

(1)Each District Court registry is a registry of the court.
(2)The registry of the court at Brisbane is the principal registry of the court.
(3)The registries of the court are under the control of the principal registrar.
(4)The principal registrar may give directions to the registrars and other court officers employed in the registries.

454Court records

(1)The principal registrar must keep records of decisions of the court and perform the other functions the court directs.
(2)The records of the court held at a place must be kept in the custody of the principal registrar.

455Judicial notice

All courts and persons acting judicially must take judicial notice of the appointment and signature of every person holding office under this part.

Division 7 Other court matters

456Court may make declarations and orders

(1)Any person may bring a proceeding in the court for a declaration about any of the following—
(a)a matter done, to be done or that should have been done for this Act other than a matter for chapter 6, part 11;
(b)the construction of this Act, planning instruments under this Act and guidelines made under section 117, 627 or 630(1);
(c)the construction of a land use plan under the Airport Assets (Restructuring and Disposal) Act 2008 and chapter 3, part 1 of that Act;
(d)the construction of the Brisbane port LUP under the Transport Infrastructure Act;
(e)the lawfulness of land use or development.
(2)However, an assessment manager may bring a proceeding about a matter done, to be done or that should have been done for chapter 6, part 11, division 2 for a development application if, when the application was called in under that part, the assessment manager—
(a)had not decided the application; or
(b)had refused the application.
(3)The proceeding may be brought on behalf of a person.
(4)If the proceeding is brought on behalf of a person, the person must consent or if the person is an unincorporated body, its committee or other controlling or governing body must consent.
(5)A person on whose behalf a proceeding is brought may contribute to, or pay, the legal costs incurred by the person bringing the proceeding.
(6)The court has jurisdiction to hear and decide a proceeding for a declaration about a matter mentioned in subsection (1).
(7)The court may also make an order about a declaration made by the court.
(8)If a person starts a proceeding under this section, the person must, on the day the person starts the proceeding, give the chief executive written notice of the proceeding.
(9)If the Minister is satisfied the proceeding involves a State interest, the Minister may elect to be a party to the proceeding by filing in the court a notice of election in the approved form.
(10)Despite any other Act or rules of court to the contrary, notice of a proceeding under this section may be given to the chief executive by emailing the notice to the chief executive at the email address stated on the department’s website for this purpose.

s 456 amd 2010 No. 19s 65; 2012 No. 34s 60; 2017 No. 12 s 73

457Costs generally

(1)Subject to sections 457A and 457B, each party to a proceeding must bear the party’s own costs for the proceeding.
(2)If the court makes an order for costs under section 457A or 457B, the amount of the costs is to be decided under the appropriate procedure and scale of costs for proceedings in the District Court.
(3)An order for costs may be enforced as if the order were an order of the District Court.

s 457 amd 2012 No. 34s 61

sub 2017 No. 12 s 74

457A Orders for costs in particular circumstances

The court may make an order for costs as the court considers appropriate if a party has incurred costs in 1 or more of the following circumstances—
(a)the court considers the proceeding was started or conducted primarily for an improper purpose, including, for example, to delay or obstruct;

Example—

A party (the first party) with similar commercial interests to another party started a proceeding. The court considers the proceeding was started primarily to advance the first party’s commercial interests by delaying or obstructing the other party’s development approval from taking effect.
(b)the court considers the proceeding to be frivolous or vexatious;

Example—

The court considers a proceeding was started or conducted without reasonable prospects of success.
(c)a party has not been given reasonable notice of intention to apply for an adjournment of the proceeding;
(d)a party is required to apply for an adjournment because of the conduct of another party;
(e)without limiting paragraph (d), a party has introduced, or sought to introduce, new material;
(f)a party has defaulted in the court’s procedural requirements;
(g)the court considers an applicant for a development application did not give all the information reasonably required to assess the development application;
(h)the court considers an assessment manager, referral agency or local government should have taken an active part in a proceeding and did not do so;
(i)an applicant, submitter, assessment manager, referral agency or local government does not properly discharge its responsibilities in the proceeding.

s 457A ins 2017 No. 12 s 74

457B Orders for costs for particular proceedings

(1)If the court makes an enforcement order or interim enforcement order against a person, the court may award costs against the person.
(2)If the court declares that an owner wrongly sought the cancellation of a development approval in contravention of a requirement to obtain the consent of another person or entity to the cancellation, the court must award costs against the owner.
(3)If the court allows an assessment manager to withdraw from an appeal, the court must not award costs against the assessment manager.

s 457B ins 2017 No. 12 s 74

458Privileges, protection and immunity

A person who is one of the following has the same privileges, protection or immunity as the person would have if the proceeding were in the District Court—
(a)the judge presiding over the proceeding;
(b)a lawyer or agent appearing in the proceeding;
(c)a witness attending in the proceeding.

459Payment of witnesses

Every witness summoned is entitled to be paid reasonable expenses by the party requiring the attendance of the witness.

460Evidence of local planning instruments

(1)If a chief executive officer of a local government is satisfied a document is a true copy of a local planning instrument, or a part of the local planning instrument, in force for the local government at a time stated in the document, the chief executive officer may so certify the document.
(2)In a proceeding, a document certified under subsection (1) is admissible in evidence as if it were the original local planning instrument or part of the instrument.

s 460 amd 2012 No. 34s 62

Division 8 Appeals to court relating to development applications and approvals

461Appeals by applicants

(1)An applicant for a development application may appeal to the court against any of the following—
(a)the refusal, or the refusal in part, of the development application;
(b)any condition of a development approval, another matter stated in a development approval and the identification or inclusion of a code under section 242;
(c)the decision to give a preliminary approval when a development permit was applied for;
(d)the length of a period mentioned in section 341;
(e)a deemed refusal of the development application.
(2)An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a)if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b)otherwise—the day a decision notice was required to be given to the applicant.
(3)An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

462Appeals by submitters—general

(1)A submitter for a development application may appeal to the court only against—
(a)the part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b)the part of the approval relating to the assessment manager’s decision under section 327.
(2)To the extent an appeal may be made under subsection (1), the appeal may be against 1 or more of the following—
(a)the giving of a development approval;
(b)any provision of the approval including—
(i)a condition of, or lack of condition for, the approval; or
(ii)the length of a period mentioned in section 341 for the approval.
(3)However, a submitter may not appeal if the submitter—
(a)withdraws the submission before the application is decided; or
(b)has given the assessment manager a notice under section 339(1)(b)(ii).
(4)The appeal must be started within 20 business days (the submitter’s appeal period) after the decision notice or negotiated decision notice is given to the submitter.

463Additional and extended appeal rights for submitters for particular development applications

(1)This section applies to a development application to which chapter 9, part 7 applies.
(2)A submitter of a properly made submission for the application may appeal to the court about a referral agency’s response made by a concurrence agency for the application.
(3)However, the submitter may only appeal against a referral agency’s response to the extent it relates to—
(a)development for an aquacultural ERA; or
(b)development that is—
(i)a material change of use of premises for aquaculture; or
(ii)operational work that is the removal, damage or destruction of a marine plant.
(4)Despite section 462(1), the submitter may appeal against the following matters for the application even if the matters relate to code assessment—
(a)a decision about a matter mentioned in section 462(2) if it is a decision of the chief executive;
(b)a referral agency’s response mentioned in subsection (2).

s 463 amd 2012 No. 34s 63

464Appeals by advice agency submitters

(1)Subsection (2) applies if an advice agency, in its response for an application, told the assessment manager to treat the response as a properly made submission.
(2)The advice agency may, within the limits of its jurisdiction, appeal to the court about—
(a)any part of the approval relating to the assessment manager’s decision about any part of the application requiring impact assessment under section 314; or
(b)any part of the approval relating to the assessment manager’s decision under section 327.
(3)The appeal must be started within 20 business days after the day the decision notice or negotiated decision notice is given to the advice agency as a submitter.
(4)However, if the advice agency has given the assessment manager a notice under section 339(1)(b)(ii), the advice agency may not appeal the decision.

465Appeals about decisions relating to extensions for approvals

(1)For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to the court against the decision in the notice.
(2)The appeal must be started within 20 business days after the day the notice of the decision is given to the person.
(3)Also, a person who has made a request under section 383 may appeal to the court against a deemed refusal of the request.
(4)An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

466Appeals about decisions relating to permissible changes

(1)For a development approval given for a development application, the following persons may appeal to the court against a decision on a request to make a permissible change to the approval—
(a)if the responsible entity for making the change is the assessment manager for the application—
(i)the person who made the request; or
(ii)an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b)if the responsible entity for making the change is a concurrence agency for the application—the person who made the request.
(2)The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.
(3)Also, a person who has made a request under section 369 may appeal to the court against a deemed refusal of the request.
(4)An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.

467Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency

(1)A person to whom a notice under section 378(9)(b) giving a decision to change or cancel a condition of a development approval has been given may appeal to the court against the decision in the notice.
(2)The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

Division 9 Appeals to court about compliance assessment

468Appeals against decision on request for compliance assessment

(1)A person to whom an action notice has been given under section 405(5) about a request for compliance assessment of development, a document or work may appeal to the court against the decision in the notice.
(2)The appeal must be started within 20 business days after the notice is given to the person.

469Appeals against condition imposed on compliance permit or certificate

(1)A person who is given a compliance permit or compliance certificate subject to any conditions may appeal to the court against the decision to impose the condition.
(2)The appeal must be started within 20 business days after the day the compliance permit or compliance certificate is given to the person.

470Appeals against particular decisions about compliance assessment

(1)A person to whom any of the following notices have been given may appeal to the court against the decision in the notice—
(a)a notice of a decision on a request to change or withdraw an action notice;
(b)a notice under section 413(2)(c) about a decision to refuse a request to change a compliance permit or compliance certificate.
(2)The appeal must be started within 20 business days after the day the notice is given to the person.

471[Repealed]

s 471 om 2012 No. 34s 64

Division 10 Appeals to court about other matters

472Appeal about extension of period under s 98

(1)A person who has requested an extension under section 98(2) may appeal to the court against a refusal of the request.
(2)An appeal under subsection (1) must be started within 20 business days after the day the person is given notice of the refusal.
(3)Also, a person who has made a request under section 98(2) may appeal to the court against a deemed refusal of the request.
(4)An appeal under subsection (3) may be started at any time after the last day the decision on the matter should have been made.
(5)However, an appeal under this section may only be about whether the refusal is so unreasonable that no reasonable relevant local government could have refused the request.

473Appeals against enforcement notices

(1)A person who is given an enforcement notice may appeal to the court against the giving of the notice.
(2)The appeal must be started within 20 business days after the day notice is given to the person.

474Stay of operation of enforcement notice

(1)The lodging of a notice of appeal about an enforcement notice stays the operation of the enforcement notice until—
(a)the court, on the application of the entity issuing the notice, decides otherwise; or
(b)the appeal is withdrawn; or
(c)the appeal is dismissed.
(2)However, subsection (1) does not apply if the enforcement notice is about—
(a)a work, if the enforcement notice states the entity believes the work is a danger to persons or a risk to public health; or
(b)stopping the demolition of a work; or
(c)clearing vegetation on freehold land; or
(d)the removal of quarry material allocated under the Water Act 2000; or
(e)extracting clay, gravel, rock, sand or soil, not mentioned in paragraph (d), from Queensland waters; or
(f)development the assessing authority reasonably believes is causing erosion or sedimentation; or
(g)development the assessing authority reasonably believes is causing an environmental nuisance.

475Appeals against local laws

(1)This section applies if—
(a)an applicant is dissatisfied with a decision of a local government or the conditions applied under a local law about the use of premises or the erection of a building or other structure; and
(b)the use is not prohibited development under the planning scheme or a temporary local planning instrument for the planning scheme area.
(2)The applicant may appeal to the court against the decision or the conditions applied.
(3)The appeal must be started within 20 business days after the day notice of the decision is given to the applicant.

475AAppeals against decisions under ch 8A

(1)A person who has been given an information notice for a decision of the Minister under chapter 8A, part 3 may appeal to the court against the decision.
(2)An appeal under subsection (1) must be started within 20 business days after the day the information notice is given.
(3)If the Minister decides, under chapter 8A, part 3, to register premises or to renew the registration of premises, a relevant person for the premises who is dissatisfied with the decision may appeal to the court against the decision.
(4)An appeal under subsection (3) must be started within 20 business days after the day notice about the registration or renewal is published under section 680Y.
(5)In this section—
relevant person, for premises, means any owner or occupier of land in the affected area for the premises.

s 475A ins 2012 No. 3s 79

476Appeals against decisions on compensation claims

(1)A person who is dissatisfied with a decision under section 710 or 716 for the payment of compensation may appeal to the court against—
(a)the decision; or
(b)a deemed refusal of the claim.
(2)An appeal under subsection (1)(a) must be started within 20 business days after the day notice of the decision is given to the person.
(3)An appeal under subsection (1)(b) may be started at any time after the last day a decision on the matter should have been made.

477Appeals against decisions on requests to acquire designated land under hardship

(1)A person who is dissatisfied with a designator’s decision to refuse a request made by the person under section 222 may appeal to the court against—
(a)the decision; or
(b)a deemed refusal of the request.
(2)An appeal under subsection (1)(a) must be started within 20 business days after the day notice of the decision is given to the person.
(3)An appeal under subsection (1)(b) may be started at any time after the last day a decision on the matter should have been made.

478Appeals about infrastructure charges notice

(1)The recipient of an infrastructure charges notice may appeal to the court about the decision to give the notice.
(2)However, the appeal may be made only on 1 or more of the following grounds—
(a)the charge in the notice is so unreasonable that no reasonable relevant local government could have imposed it;
(b)the decision involved an error relating to—
(i)the application of the relevant adopted charge; or
(ii)the working out, for section 636, of additional demand; or
(iii)an offset or refund;
(c)there was no decision about an offset or refund;

Examples of possible errors in applying an adopted charge—

the incorrect application of gross floor area for a non-residential development
applying an incorrect ‘use category’ under an SPRP (adopted charges) to the development
(d)if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
(3)To remove any doubt, it is declared that the appeal must not be about—
(a)the adopted charge itself; or
(b)for a decision about an offset or refund—
(i)the establishment cost of infrastructure identified in an LGIP; or
(ii)the cost of infrastructure decided using the method included in the local government’s charges resolution.
(4)The appeal must be started within 20 business days after the day the recipient is given the relevant infrastructure charges notice.

s 478 amd 2011 No. 17s 16; 2012 No. 34s 65

sub 2014 No. 36s 9

478AAppeals against refusal of conversion application

(1)The applicant for a conversion application may appeal to the court against a refusal, or deemed refusal, of the application.
(2)The appeal must be started within the following period—
(a)if the applicant is given written notice of the refusal—20 business days after the day the applicant is given the notice;
(b)otherwise—20 business days after the end of the required period under section 660(5) for the application.

s 478A ins 2014 No. 36s 9

479Appeals from building and development committees

(1)A party to a proceeding decided by a building and development committee may appeal to the court against the committee’s decision, but only on the ground—
(a)of an error or mistake in law on the part of the committee; or
(b)that the committee had no jurisdiction to make the decision or exceeded its jurisdiction in making the decision.
(2)An appeal against a building and development committee’s decision must be started within 20 business days after the day notice of the committee’s decision is given to the party.

480Court may remit matter to building and development committee

If an appeal includes a matter within the jurisdiction of a building and development committee and the court is satisfied the matter should be dealt with by a building and development committee, the court must remit the matter to the committee for decision.

Division 11 Making an appeal to court

481How appeals to the court are started

(1)An appeal is started by lodging written notice of appeal with the registrar of the court.
(2)The notice of appeal must state the grounds of the appeal.
(3)The person starting the appeal must also comply with the rules of the court applying to the appeal.
(4)However, the court may hear and decide an appeal even if the person has not complied with subsection (3).

482Notice of appeal to other parties—development applications and approvals

(1)An appellant under division 8 must give written notice of the appeal to—
(a)if the appellant is an applicant—
(i)the chief executive; and
(ii)the assessment manager; and
(iii)any concurrence agency; and
(iv)any principal submitter whose submission has not been withdrawn; and
(v)any advice agency treated as a submitter whose submission has not been withdrawn; or
(b)if the appellant is a submitter or an advice agency whose response to the development application is treated as a submission for an appeal—
(i)the chief executive; and
(ii)the assessment manager; and
(iii)any referral agency; and
(iv)the applicant; or
(c)if the appellant is a person to whom a notice mentioned in section 465(1) has been given—
(i)the chief executive; and
(ii)the assessment manager for the development application to which the notice relates; and
(iii)any entity that was a concurrence agency for the development application to which the notice relates; and
(iv)the person who made the request under section 383 to which the notice relates, if the person is not the appellant; or
(d)if the appellant is a person mentioned in section 466(1)—
(i)the chief executive; and
(ii)the responsible entity for making the change to which the appeal relates; and
(iii)the person who made the request to which the appeal relates under section 369, if the person is not the appellant; and
(iv)if the responsible entity is the assessment manager—any entity that was a concurrence agency for the development application to which the notice of the decision on the request relates; or
(e)if the appellant is a person to whom a notice mentioned in section 467 has been given—the entity that gave the notice.
(2)The notice must be given within—
(a)if the appellant is a submitter or advice agency whose response to the development application is treated as a submission for an appeal—2 business days after the appeal is started; or
(b)otherwise—10 business days after the appeal is started.
(3)The notice must state—
(a)the grounds of the appeal; and
(b)if the person given the notice is not the respondent or a co-respondent under section 485—that the person may, within 10 business days after the notice is given, elect to become a co-respondent to the appeal by filing in the court a notice of election in the approved form.
(4)Despite any other Act or rules of court to the contrary, the notice may be given to the chief executive by emailing the notice to the chief executive at the email address stated on the department’s website for this purpose.

s 482 amd 2017 No. 12 s 75

483Notice of appeals to other parties—compliance assessment

(1)An appellant under division 9 must, within 10 business days after the day the appeal is started, give written notice of the appeal to—
(a)if the appellant is a person to whom an action notice, compliance permit or compliance certificate has been given—
(i)the compliance assessor who gave the notice, permit or certificate; and
(ii)if the compliance assessor was a nominated entity of a local government and a copy of the request for compliance assessment was given to the local government under section 402—the local government; or
(b)if the appellant is a person to whom a notice mentioned in section 470(1) has been given—
(i)the entity that gave the notice; and
(ii)if the entity that gave the notice was a nominated entity of a local government and the written agreement of the local government was required to give the notice—the local government.
(2)The notice must state the grounds of the appeal.

484Notice of appeal to other parties—other matters

(1)An appellant under division 10 must, within 10 business days after the day the appeal is started, give written notice of the appeal to—
(a)if the appeal is under section 472 or 475—the local government; or
(b)if the appeal is under section 475A(1)—the Minister; or
(c)if the appeal is under section 475A(3)—the Minister and the owner of the registered premises; or
(d)if the appeal is under section 478—the entity that gave the notice the subject of the appeal; or
(e)if the appellant is a person to whom an enforcement notice is given—the entity that gave the notice and if the entity is not the local government, the local government; or
(f)if the appellant is a person dissatisfied with a decision about compensation—the local government that decided the claim; or
(g)if the appellant is a person dissatisfied with a decision about acquiring designated land—the designator; or
(h)if the appellant is a party to a proceeding decided by a building and development committee—the other party to the proceeding.
(2)The notice must state the grounds of the appeal.

s 484 amd 2012 No. 3s 80; 2012 No. 34s 66

485Respondent and co-respondents for appeals under div 8

(1)Subsections (2) to (8) apply for appeals under sections 461 to 464.
(2)The assessment manager is the respondent for the appeal.
(3)If the appeal is started by a submitter, the applicant is a co-respondent for the appeal.
(4)Any submitter may elect to become a co-respondent for the appeal.
(5)If the appeal is about a concurrence agency’s response, the concurrence agency is a co-respondent for the appeal.
(6)If the appeal is only about a concurrence agency’s response, the assessment manager may apply to the court to withdraw from the appeal.
(7)The respondent and any co-respondents for an appeal are entitled to be heard in the appeal as a party to the appeal.
(8)A person to whom a notice of appeal is required to be given under section 482 and who is not the respondent or a co-respondent for the appeal may elect to be a co-respondent.
(9)For an appeal under section 465
(a)the assessment manager is the respondent; and
(b)if the appeal is started by a concurrence agency that gave the assessment manager a notice under section 385—the person asking for the extension the subject of the appeal is a co-respondent; and
(c)any other person given notice of the appeal may elect to become a co-respondent.
(10)For an appeal under section 466
(a)the responsible entity for making the change to which the appeal relates is the respondent; and
(b)if the responsible entity is the assessment manager—
(i)if the appeal is started by a person who gave a notice under section 373 or a pre-request response notice—the person who made the request for the change is a co-respondent; and
(ii)any other person given notice of the appeal may elect to become a co-respondent.
(11)For an appeal under section 467, the respondent is the entity given notice of the appeal.

486Respondent and co-respondents for appeals under div 9

(1)For an appeal under section 468 or 469
(a)the compliance assessor is the respondent; and
(b)if the compliance assessor is a nominated entity of a local government and the appeal relates to a matter required by a local government—the local government is a co-respondent.
(2)However, if the appeal is only about a matter required by the local government, the compliance assessor may apply to the court to withdraw from the appeal.
(3)For an appeal under section 470
(a)the entity that gave the notice to which the appeal relates is the respondent; and
(b)if the entity mentioned in paragraph (a) is a nominated entity of a local government and the local government did not agree to the request mentioned in section 470(1)—the local government is a co-respondent.
(4)However, if the appeal is only about the local government’s refusal of the request, the entity that gave the notice to which the appeal relates may apply to the court to withdraw from the appeal.

487Respondent and co-respondents for appeals under div 10

(1)This section applies if an entity is required under section 484 to be given a notice of an appeal.
(2)The entity given notice is the respondent for the appeal.
(3)However, if under a provision of the section more than 1 entity is required to be given notice, only the first entity mentioned in the provision is the respondent.
(4)The second entity mentioned in the provision may elect to be a co-respondent.

488How an entity may elect to be a co-respondent

An entity that is entitled to elect to be a co-respondent to an appeal may do so, within 10 business days after notice of the appeal is given to the entity, by following the rules of court for the election.

489Minister entitled to be party to an appeal involving a State interest

If the Minister is satisfied an appeal involves a State interest, the Minister may, at any time before the appeal is decided, elect to be a party to the appeal by filing in the court a notice of election in the approved form.

490Lodging appeal stops particular actions

(1)If an appeal, other than an appeal under section 465, 466 or 467, is started under division 8, the development must not be started until the appeal is decided or withdrawn.
(2)If an appeal is about a condition imposed on a compliance permit, the development must not be started until the appeal is decided or withdrawn.
(3)Despite subsections (1) and (2), if the court is satisfied the outcome of the appeal would not be affected if the development or part of the development is started before the appeal is decided, the court may allow the development or part of the development to start before the appeal is decided.

Division 12 Alternative dispute resolution

491ADR process applies to proceedings started under this part

(1)The Civil Proceedings Act 2011, part 6 (the ADR provisions) applies to proceedings started under this part.
(2)To the extent there is any inconsistency between the cost provisions of the ADR provisions and the cost provisions of this Act, the cost provisions of the ADR provisions prevail.
(3)If a dispute in a proceeding under this part is referred to a dispute resolution process under the ADR provisions—
(a)the proceeding is not stayed unless the court orders otherwise; and
(b)the court must not decide the proceeding until the dispute resolution process under the ADR provisions has been finalised.
(4)In applying the ADR provisions to a proceeding under this part—
(a)a reference to a court is taken to be a reference to the Planning and Environment Court; and
(b)definitions and other interpretative provisions of the Civil Proceedings Act 2011 relevant to the ADR provisions apply.

s 491 sub 2011 No. 45s 217sch 1A

Division 12A ADR registrar

div hdg ins 2012 No. 34s 67

491ADefinition for div 12A

In this division—
ADR registrar means a registrar or court officer of the District Court appointed as an ADR registrar of the court by the principal registrar of the court, in consultation with the Chief Judge of the District Court.

s 491A ins 2012 No. 34s 67

491BPower of ADR registrar

(1)The Chief Judge of the District Court may issue directions about the matters in which the ADR registrar may exercise a power of the court under this part.
(2)The court may direct the ADR registrar in a particular matter to hear and decide a proceeding started under this part.
(3)Despite sections 457A and 457B, if the court directs the ADR registrar under subsection (2) and the ADR registrar decides the proceeding, each party to the proceeding bears the party’s own costs for the proceeding.
(4)In exercising a power of the court under this division, the ADR registrar must act as quickly, and with as little formality and technicality, as is consistent with a fair and appropriate consideration of the issues.
(5)A decision, direction or act of the ADR registrar made, given or done under this part, may be reviewed by the court.
(6)An application for the review of a decision, direction or act of the ADR registrar made, given or done under this part, must be made within—
(a)21 days after the decision, direction or act complained of is made, given or done; or
(b)any further period allowed by the court.

s 491B ins 2012 No. 34s 67

amd 2017 No. 12 s 76

491CReference by ADR registrar

(1)If a proceeding before the ADR registrar appears to the ADR registrar to be proper for the decision of the court, the ADR registrar may refer the matter to the court.
(2)If the ADR registrar refers a matter to the court, the court may dispose of the matter or refer it back to the ADR registrar with any direction that the court considers appropriate.

s 491C ins 2012 No. 34s 67

Division 13 Court process for appeals

492Hearing procedures

The procedure for hearing an appeal is to be under the rules of court and the orders or directions of the court or the Chief Judge.

Note—

See section 446(4) for when an order or direction of the court or the Chief Judge prevails over the rules of court.

493Who must prove case

(1)In an appeal by the applicant for a development application, it is for the appellant to establish that the appeal should be upheld.
(2)In an appeal by a submitter for a development application, it is for the applicant to establish that the appeal should be dismissed.
(3)In an appeal by an advice agency for a development application that told the applicant and the assessment manager to treat its response to the application as a submission for an appeal, it is for the applicant to establish that the appeal should be dismissed.
(4)In an appeal by a person who appeals under section 465, 466, 467, 472, 475, 475A(1) or 478, it is for the appellant to establish that the appeal should be upheld.
(5)In an appeal by a person who appeals under division 9, it is for the appellant to establish that the appeal should be upheld.
(6)In an appeal by a person who is given an enforcement notice, it is for the entity that gave the notice to establish that the appeal should be dismissed.
(7)In an appeal by a person who is dissatisfied with a decision about compensation, it is for the local government that decided the claim to establish that the appeal should be dismissed.
(8)In an appeal by a person who is dissatisfied with a decision about acquiring designated land, it is for the designator to establish that the appeal should be dismissed.
(9)In an appeal by a party to a proceeding decided by a building and development committee, it is for the appellant to establish that the appeal should be upheld.
(10)In an appeal under section 475A(3) by a person who is dissatisfied with a decision to register or renew registration of premises under chapter 8A, it is for the owner of the registered premises to establish that the appeal should be dismissed.

s 493 amd 2012 No. 3s 81; 2012 No. 34s 68

494Court may hear appeals together

The court may hear 2 or more appeals together.

495Appeal by way of hearing anew

(1)An appeal is by way of hearing anew.
(2)However, if the appellant is the applicant or a submitter for a development application, the court—
(a)must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws and policies the court considers appropriate; and
(b)must not consider a change to the application on which the decision being appealed was made unless the change is only a minor change.
(3)Also, if the appellant is a person who made a request for compliance assessment, the court must decide the appeal based on the laws and policies applying when the request was made, but may give weight to any new laws and policies the court considers appropriate.
(4)To remove any doubt, it is declared that if the appellant is the applicant or a submitter for a development application—
(a)the court is not prevented from considering and making a decision about a ground of appeal (based on a concurrence agency’s response) merely because this Act required the assessment manager to refuse the application or approve the application subject to conditions; and
(b)in an appeal against a decision about a development application (superseded planning scheme), the court also must—
(i)consider the aspect of the appeal relating to the assessment manager’s consideration of the superseded planning scheme as if the application were made under the superseded planning scheme; and
(ii)in considering the aspect, disregard the planning scheme applying when the application was made.
(5)In addition, if the appellant is a person who made a request for compliance assessment—
(a)the court is not prevented from considering and making a decision about a ground of appeal (based on a response given by a local government under section 402) merely because this Act required the compliance assessor to give an action notice or include conditions in a compliance permit or compliance certificate; and
(b)in an appeal against a decision about a request for compliance assessment assessed and decided under a superseded planning scheme, the court also must—
(i)consider the appeal as if the request were made under the superseded planning scheme; and
(ii)disregard the planning scheme applying when the request was made.

s 495 amd 2012 No. 3s 82; 2012 No. 34s 69

496Appeal decision

(1)In deciding an appeal the court may make the orders and directions it considers appropriate.
(2)Without limiting subsection (1), the court may—
(a)confirm the decision appealed against; or
(b)change the decision appealed against; or
(c)set aside the decision appealed against and make a decision replacing the decision set aside.
(3)If the court acts under subsection (2)(b) or (c), the court’s decision is taken, for this Act, other than this division, to be the decision of the entity making the appealed decision.
(4)If the appeal is an appeal against the decision of a building and development committee, the court may return the matter to the committee with a direction that the committee make its decision according to law.

497Court may allow longer period to take an action

In this part, if an action must be taken within a specified time, the court may allow a longer time to take the action if the court is satisfied there are sufficient grounds for the extension.

Division 14 Appeals to Court of Appeal

498Who may appeal to Court of Appeal

(1)A party to a proceeding may, under the rules of court, appeal a decision of the court on the ground—
(a)of error or mistake in law on the part of the court; or
(b)that the court had no jurisdiction to make the decision; or
(c)that the court exceeded its jurisdiction in making the decision.
(2)However, the party may appeal only with the leave of the Court of Appeal or a judge of appeal.

499When leave to appeal must be sought and appeal made

(1)A party intending to seek leave of the Court of Appeal to appeal against a decision of the court must, within 30 business days after the court’s decision is given to the party, apply to the Court of Appeal for leave to appeal against the decision.
(2)If the Court of Appeal grants the leave, the notice of appeal against the decision must be served and filed within 30 business days after the Court of Appeal grants leave to appeal.

500Power of Court of Appeal

The Court of Appeal may do 1 or more of the following—
(a)return the matter to the court or judge for decision in accordance with the Court of Appeal’s decision;
(b)affirm, amend, or revoke and substitute another order or decision for, the court’s or judge’s order or decision;
(c)make an order the Court of Appeal considers appropriate.

501Lodging appeal stops particular actions

(1)If a decision on an appeal under division 8, other than an appeal under section 465, 466 or 467, is appealed under this division, the development must not be started until the appeal under this division is decided or withdrawn.
(2)If a decision on an appeal about a condition imposed on a compliance permit is appealed under this division, the development must not be started until the appeal under this division is decided or withdrawn.
(3)Despite subsections (1) and (2), if the Court of Appeal is satisfied the outcome of the appeal before it would not be affected if the development or part of the development is started before the appeal is decided, the Court of Appeal may allow the development or part of the development to start before the appeal is decided.

Part 2 Building and development dispute resolution committees

Division 1 Constitution and jurisdiction of committees

div hdg amd 2014 No. 36s 56sch 1

502Committee membership

(1)A building and development committee must not consist of more than 5 members.

Note—

For the establishment of a building and development committee and the appointment of its chairperson, see section 554.
(2)If the committee is to hear only an appeal about a referral agency’s response concerning the amenity and aesthetic impact of a building or structure, its chairperson must be an architect.
(3)If the committee is to hear only an appeal about an infrastructure charges notice or a conversion application, its chairperson must be a lawyer.

s 502 sub 2014 No. 36s 10

503Membership continuity for proceeding

After a building and development committee is established for a committee proceeding, its membership must not be changed, except under section 554B.

s 503 sub 2014 No. 36s 10

504[Repealed]

s 504 om 2014 No. 36s 10

505Referee with conflict of interest not to be member of committee

(1)This section applies to a referee if the chief executive advises the referee that the chief executive proposes to appoint the referee as a member of a building and development committee, and either or both of the following apply—
(a)the committee is to hear a matter about premises—
(i)the referee owns; or
(ii)in relation to which the referee was, is, or is to be, an architect, builder, drainer, engineer, planner, plumber, plumbing inspector, private certifier, site evaluator or soil assessor; or
(iii)in relation to which the referee has been, or will be, engaged by any party to the proposed proceeding in the referee’s capacity as an accountant, lawyer or other professional; or
(iv)situated or to be situated in the area of a local government of which the referee is an officer, employee or councillor;
(b)the referee has a direct or indirect personal interest in a matter to be considered by the committee, and the interest could conflict with the proper performance of the referee’s functions in relation to the committee’s consideration of the matter.
(2)However, subsection (1) does not apply to a referee merely because the referee previously acted in relation to the preparation of a relevant local planning instrument.
(3)The referee must advise the chief executive that this section applies to the referee, and the chief executive must not appoint the referee to the committee.

s 505 amd 2014 No. 36s 11

506Referee not to act as member of committee in particular cases

If a member of a building and development committee is aware, or becomes aware, that the member should not have been appointed to the committee, the member must not act as a member of the committee.

507Remuneration of members of committee

(1)A member of a building and development committee must be paid the remuneration the Governor in Council decides.
(2)A member who is a public service officer must not be paid remuneration if the officer acts as a member during the officer’s ordinary hours of duty as an officer but is entitled to be paid expenses necessarily incurred by the officer in so acting.

508Jurisdiction of committees

A building and development committee has jurisdiction—
(a)to hear and decide a proceeding for a declaration about a matter mentioned in division 3, other than a matter done for chapter 6, part 11; and
(b)to decide any matter that may be appealed to a building and development committee under divisions 4 to 7; and
(c)to decide any matter that under another Act may be appealed to a building and development committee.

Division 2 Other officials of building and development committees

509Appointment of registrar and other officers

(1)The chief executive may at any time by gazette notice appoint a registrar of building and development committees, and other officers the chief executive considers appropriate to help building and development committees to perform their functions.
(2)A public service officer may be appointed under subsection (1) or may be assigned by the chief executive to perform functions to help building and development committees, and may hold the appointment or perform the functions concurrently with any other appointment the officer holds in the public service.

Division 3 Committee declarations

Subdivision 1 Declarations

510Declaration about whether development application is properly made

(1)An applicant for a development application may bring a proceeding before a building and development committee for a declaration about whether the application is a properly made application.
(2)The applicant must bring the proceeding within 20 business days after receiving notice under section 266 that the application is not a properly made application.
(3)The assessment manager may, within 10 business days after receiving a development application, bring a proceeding before a building and development committee for a declaration about whether the application is a properly made application.
(4)However, a person can not seek a declaration under this section about whether a development application includes or is supported by the written consent of the owner of the land the subject of the application.

s 510 amd 2012 No. 34s 70

511Declaration about acknowledgement notices

(1)This section applies to a development application if the application is only for a material change of use of premises that involves the use of a prescribed building.
(2)The applicant for the development application may, within 20 business days after receiving an acknowledgement notice for the application, bring a proceeding before a building and development committee for a declaration about a matter stated in the notice.

512Declaration about lapsing of request for compliance assessment

A person requesting compliance assessment of development, a document or work, or the compliance assessor for the request, may bring a proceeding before a building and development committee for a declaration about whether the request has lapsed under this Act.

513Declaration about change to development approval

(1)This section applies to a development approval if the approval is only for a material change of use of premises that involves the use of a prescribed building.
(2)A person may bring a proceeding before a building and development committee for a declaration that a change sought by the person to the approval is a permissible change, unless the responsible entity for making the change is the Minister or the Court.
(3)If the responsible entity for making the change is other than the Minister or the Court, the responsible entity may bring a proceeding before a building and development committee for a declaration about whether a proposed change to the approval is a permissible change.

Subdivision 2 Proceedings for declarations

514How proceedings for declarations are started

(1)A person starts a proceeding for a declaration by lodging an application for the declaration, in the approved form, with the registrar of building and development committees.
(2)The application must be accompanied by the fee prescribed under a regulation.

515Fast-track proceedings for declarations

(1)A person who is entitled to bring a proceeding under this division may, by written request, ask the chief executive to appoint a building and development committee to start hearing the proceeding within 2 business days after starting the proceeding.
(2)A request made under subsection (1) must be accompanied by the fee prescribed under a regulation.
(3)The chief executive may grant or refuse the request.
(4)The chief executive may grant the request only if all the parties to the proceeding, including any person who could elect to become a co-respondent, have agreed in writing to the request.
(5)If the chief executive grants the request, the chief executive may as a condition of granting the request require the person making the request to pay—
(a)the reasonable costs of the respondent and any co-respondents for the proceeding after the request is granted; and
(b)an additional fee prescribed under a regulation.
(6)If the request is granted, any notice of the proceeding to be given under this subdivision must be given before any hearing for the proceeding starts.

516Notice of proceedings to other parties

For a proceeding under this division, the registrar must, within 10 business days after the day the proceeding is started, give written notice of the proceeding to—
(a)for a proceeding under section 510
(i)if the applicant is the person starting the proceeding—the assessment manager; or
(ii)if the assessment manager is the person starting the proceeding—the applicant; or
(b)for a proceeding under section 511—the assessment manager; or
(c)for a proceeding under section 512
(i)if the person starting the proceeding is the person who made the request for compliance assessment—the compliance assessor; or
(ii)if the person starting the proceeding is the compliance assessor—the person who made the request for compliance assessment; or
(d)for a proceeding under section 513
(i)if the person starting the proceeding is the person seeking to change the development approval—the responsible entity for making the change; or
(ii)if the person starting the proceeding is the responsible entity for making the change—the person seeking to change the development approval.

517Respondent for declarations

(1)If an applicant for a development application brings a proceeding for a declaration under section 510 or 511, the assessment manager is the respondent for the proceeding.
(2)If the assessment manager brings a proceeding for a declaration about a development application under section 510, the applicant is the respondent for the proceeding.
(3)If a person requesting compliance assessment of development, a document or work brings a proceeding for a declaration under section 512, the compliance assessor for the request is the respondent for the proceeding.
(4)If the compliance assessor for a request for compliance assessment of development, a document or work brings a proceeding for a declaration under section 512, the person requesting compliance assessment is the respondent for the proceeding.
(5)If a person seeking a change to a development approval brings a proceeding for a declaration under section 513 about the change, the responsible entity for making the change is the respondent for the proceeding.
(6)If the responsible entity for making a change to a development approval brings a proceeding for a declaration under section 513, the person seeking the change is the respondent for the proceeding.
(7)The respondent for a proceeding for a declaration is entitled to be heard in the proceeding as a party to the proceeding.

518Minister entitled to be represented in proceeding involving a State interest

If the Minister is satisfied a proceeding for a declaration involves a State interest, the Minister is entitled to be represented in the proceeding.

Division 4 Appeals to committees about development applications and approvals

Subdivision 1 Appeals about particular material changes of use

519Appeal by applicant—particular development application for material change of use of premises

(1)This section applies to a development application if the application is only for a material change of use of premises that involves the use of a prescribed building.
(2)However, this section does not apply to the development application if any part of the application required impact assessment and any properly made submissions were received by the assessment manager for the application.
(3)The applicant for the development application may appeal to a building and development committee against any of the following—
(a)the refusal, or the refusal in part, of the application;
(b)any condition of the development approval and another matter, other than the identification or inclusion of a code under section 242, stated in the development approval;
(c)the decision to give a preliminary approval when a development permit was applied for;
(d)the length of a period mentioned in section 341;
(e)a deemed refusal of the application.
(4)An appeal under subsection (3)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a)if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b)otherwise—the day a decision notice was required to be given to the applicant.
(5)An appeal under subsection (3)(e) may be started at any time after the last day a decision on the matter should have been made.

520Appeal about decision relating to extension for development approval

(1)This section applies to a development approval if the approval is only for a material change of use of premises that involves the use of a prescribed building.
(2)A person to whom a notice is given under section 389 in relation to the development approval, other than a notice for a decision under section 386(2), may appeal to a building and development committee against a decision in the notice.
(3)The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

521Appeal about decisions relating to permissible changes

(1)This section applies to a development approval if the approval is only for a material change of use of premises that involves the use of a prescribed building.
(2)The following persons may appeal to a building and development committee against a decision on a request to make a permissible change to the development approval, other than a deemed refusal of the request—
(a)if the responsible entity for making the change is the assessment manager for the development application to which the approval relates—
(i)the person who made the request; or
(ii)an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b)if the responsible entity for making the change is a concurrence agency for the development application—the person who made the request.
(3)The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.

Subdivision 2 Appeals about conditions of particular development approvals

522Appeal by applicant—condition of particular development approval

(1)This section applies to a development application if—
(a)the application is only for a material change of use that involves the use of a building classified under the BCA as a class 2 building; and
(b)the proposed development is for premises of not more than 3 storeys; and
(c)the proposed development is for not more than 60 sole- occupancy units.
(2)However, this section does not apply to the development application if any part of the application required impact assessment and any properly made submissions were received by the assessment manager for the application.
(3)The applicant for the development application may appeal to a building and development committee against a condition of the development approval.
(4)The appeal must be started within 20 business days (the applicant’s appeal period) after—
(a)if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b)otherwise—the day a decision notice was required to be given to the applicant.
(5)In this section—
sole-occupancy unit, in relation to a class 2 building, means a room or other part of the building used as a dwelling by a person to the exclusion of any other person.
storey means a space within a building between 2 floor levels, or a floor level and a ceiling or roof, other than—
(a)a space containing only—
(i)a lift shaft, stairway or meter room; or
(ii)a bathroom, shower room, laundry, water closet or other sanitary compartment; or
(iii)accommodation for not more than 3 motor vehicles; or
(iv)a combination of any things mentioned in subparagraph (i), (ii) or (iii); or
(b)a mezzanine.

Division 5 Appeals to committees about compliance assessment

523Appeal against decision on request for compliance assessment

(1)A person who is given an action notice about a request for compliance assessment of development, a document or work may appeal to a building and development committee against the decision in the notice.
(2)The appeal must be started within 20 business days after the day the notice is given to the person.

524Appeal against condition imposed on compliance permit or certificate

(1)A person who is given a compliance permit or compliance certificate subject to any conditions may appeal to a building and development committee against the decision to impose the condition.
(2)The appeal must be started within 20 business days after the day the compliance permit or compliance certificate is given to the person.

525Appeals against particular decisions about compliance assessment

(1)A person who is given any of the following notices may appeal to a building and development committee against the decision in the notice—
(a)a notice of a decision on a request to change or withdraw an action notice;
(b)a notice under section 413(2)(c) about a decision to refuse to change a compliance permit or compliance certificate.
(2)The appeal must be started within 20 business days after the day the notice is given to the person.

Division 6 Appeals to committees about building, plumbing and drainage and other matters

Subdivision 1 Preliminary

526Matters about which a person may appeal under div 6

An appeal to a building and development committee under this division may only be about—
(a)a matter under this Act that relates to the Building Act, other than a matter under that Act that may or must be decided by the Queensland Building and Construction Commission, or the Plumbing and Drainage Act 2002; or
(b)a matter that under another Act may be appealed to a building and development committee; or
(c)a matter prescribed under a regulation.

s 526 amd 2013 No. 38s 14sch 1

Subdivision 2 Appeals about development applications and approvals

527Appeals by applicants

(1)An applicant for a development application may appeal to a building and development committee against any of the following—
(a)the refusal, or the refusal in part, of the application;
(b)any condition of the development approval and another matter, other than the identification or inclusion of a code under section 242, stated in the development approval;
(c)the decision to give a preliminary approval when a development permit was applied for;
(d)the length of a period mentioned in section 341;
(e)a deemed refusal of the application.
(2)An appeal under subsection (1)(a), (b), (c) or (d) must be started within 20 business days (the applicant’s appeal period) after—
(a)if a decision notice or negotiated decision notice is given—the day the decision notice or negotiated decision notice is given to the applicant; or
(b)otherwise—the day a decision notice was required to be given to the applicant.
(3)An appeal under subsection (1)(e) may be started at any time after the last day a decision on the matter should have been made.

528Appeal by advice agency

(1)An advice agency may, within the limits of its jurisdiction, appeal to a building and development committee about the giving of a development approval if the development application involves code assessment for the aspect of building work to be assessed against the Building Act.
(2)The appeal must be started—
(a)within 10 business days after the day the decision notice or negotiated decision notice is given to the advice agency; or
(b)for a deemed approval for which a decision notice or negotiated decision notice has not been given—within 20 business days after receiving a copy of the deemed approval notice for the application from the applicant.

529Appeal about decision relating to extension for development approval

(1)For a development approval given for a development application, a person to whom a notice is given under section 389, other than a notice for a decision under section 386(2), may appeal to a building and development committee against a decision in the notice.
(2)The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

530Appeal about decision relating to permissible changes

(1)For a development approval given for a development application, the following persons may appeal to a building and development committee against a decision on a request to make a permissible change to the approval, other than a deemed refusal of the request—
(a)if the responsible entity for making the change is the assessment manager for the application to which the approval relates—
(i)the person who made the request; or
(ii)an entity that gave a notice under section 373 or a pre-request response notice about the request;
(b)if the responsible entity for making the change is a concurrence agency for the application to which the approval relates—the person who made the request.
(2)The appeal must be started within 20 business days after the day the person is given notice of the decision on the request under section 376.

531Appeals about changing or cancelling conditions imposed by assessment manager or concurrence agency

(1)A person to whom a notice under section 378(9)(b), giving a decision to change or cancel a condition of a development approval, has been given may appeal to a building and development committee against the decision in the notice.
(2)The appeal must be started within 20 business days after the day the notice of the decision is given to the person.

Subdivision 3 Other matters

532Appeals for building and plumbing and drainage matters

(1)If—
(a)a person has been given, or is entitled to be given—
(i)an information notice under the Building Act about a decision other than a decision under that Act made by the Queensland Building and Construction Commission; or
(ii)an information notice under the Plumbing and Drainage Act 2002 about a decision under part 4 or 5 of that Act; or
(b)a person—
(i)was an applicant for a building development approval; and
(ii)is dissatisfied with a decision under the Building Act by a building certifier or referral agency about inspection of building work the subject of the approval;

the person may appeal against the decision to a building and development committee.

(2)An appeal under subsection (1) must be started within 20 business days after the day the person is given notice of the decision.
(3)If—
(a)under the Building Act, a person makes an application other than a building development application to a local government; and
(b)the period required under that Act for the local government to decide the application (the decision period) has passed; and
(c)the local government has not decided the application;

the person may appeal to a building and development committee against the lack of the decision and for the committee to decide the application as if it were the local government.

(4)An appeal under subsection (3) must be started within 20 business days after the end of the decision period.

s 532 amd 2013 No. 38s 14sch 1

533Appeals against enforcement notices

(1)A person who is given an enforcement notice may appeal to a building and development committee against the giving of the notice.
(2)The appeal must be started within 20 business days after the day the notice is given to the person.

534Stay of operation of enforcement notice

(1)The lodging of a notice of appeal about an enforcement notice stays the operation of the enforcement notice until—
(a)the building and development committee, on the application of the entity issuing the notice, decides otherwise; or
(b)the appeal is withdrawn; or
(c)the appeal is dismissed.
(2)However, subsection (1) does not apply if the enforcement notice is about—
(a)a work, if the enforcement notice states the entity believes the work is a danger to persons or a risk to public health; or
(b)stopping the demolition of a work; or
(c)clearing vegetation on freehold land; or
(d)the removal of quarry material allocated under the Water Act 2000; or
(e)extracting clay, gravel, rock, sand or soil, not mentioned in paragraph (d), from Queensland waters; or
(f)development the assessing authority reasonably believes is causing erosion or sedimentation; or
(g)development the assessing authority reasonably believes is causing an environmental nuisance.

Division 7 Appeals about particular charges

535Appeals about infrastructure charges decisions

(1)The recipient of an infrastructure charges notice may appeal to a building and development committee about the decision to give the notice.
(2)However, the appeal may be made only on 1 or more of the following grounds—
(a)the decision involved an error relating to—
(i)the application of the relevant adopted charge; or
(ii)the working out, for section 636, of additional demand; or
(iii)an offset or refund;
(b)there was no decision about an offset or refund;

Examples of possible errors in applying an adopted charge—

the incorrect application of gross floor area for a non-residential development
applying an incorrect ‘use category’ under an SPRP (adopted charges) to the development
(c)if the infrastructure charges notice states a refund will be given—the timing for giving the refund.
(3)To remove any doubt, it is declared that the appeal must not be about—
(a)the adopted charge itself; or
(b)for a decision about an offset or refund—
(i)the establishment cost of infrastructure in an LGIP; or
(ii)the cost of infrastructure decided using the method included in the local government’s charges resolution.
(4)The appeal must be started within 20 business days after the day the recipient is given the relevant infrastructure charges notice.

s 535 amd 2011 No. 17s 17; 2012 No. 34s 71

sub 2014 No. 36s 12

535AAppeals against refusal of conversion application

(1)The applicant for a conversion application may appeal to a building and development committee against a refusal, or deemed refusal, of the application.
(2)The appeal must be started within the following period—
(a)if the applicant is given written notice of the refusal—20 business days after the day the applicant is given the notice;
(b)otherwise—20 business days after the end of the required period under section 660(5) for the application.

s 535A ins 2014 No. 36s 12

Division 8 Making appeals to building and development committees

536How appeals to committees are started

(1)A person starts an appeal by lodging written notice of appeal, in the approved form, with the registrar of building development committees.
(2)The notice of appeal must state the grounds of the appeal and be accompanied by the fee prescribed under a regulation.

537Fast-track appeals

(1)A person who is entitled to start an appeal under this part, may, by written request, ask the chief executive to appoint a building and development committee to start hearing the appeal within 2 business days after starting the appeal.
(2)A request made under subsection (1) must be accompanied by the fee prescribed under a regulation.
(3)The chief executive may grant or refuse the request.
(4)The chief executive may grant the request only if all the parties to the appeal, including any person who could elect to become a co-respondent, have agreed in writing to the request.
(5)If the chief executive grants the request, the chief executive may as a condition of granting the request require the person making the request to pay—
(a)the reasonable costs of the respondent and any co-respondents for the appeal after the request is granted; and
(b)an additional fee prescribed under a regulation.
(6)If the request is granted, any notice of appeal to be given and any election to be a co-respondent to the appeal under this part must be given or made before any hearing for the appeal starts.

538Notice of appeal to other parties (under other Acts)

(1)For an appeal to a building and development committee under another Act, the registrar must, within 10 business days after the day the appeal is started, give written notice of the appeal to any other person the registrar considers appropriate.
(2)The notice must state the grounds of the appeal.

539Notice of appeal to other parties (div 4)

(1)The registrar must, within 10 business days after the day the appeal is started, give written notice of an appeal under division 4 to—
(a)for an appeal under section 519—the assessment manager and any concurrence agency for an aspect of the development application the subject of the appeal; and
(b)for an appeal under section 520
(i)the assessment manager and any concurrence agency for the development application the subject of the appeal; and
(ii)if the person who made the request for the extension is not the appellant—the person who made the request; and
(c)for an appeal under section 521
(i)the responsible entity for making the change to which the appeal relates; and
(ii)if the responsible entity is the assessment manager—any entity that was a concurrence agency for the development application the subject of the appeal; and
(iii)if the person who made the request for the permissible change is not the appellant—the person who made the request; and
(d)for an appeal under section 522—the assessment manager and any concurrence agency for an aspect of the development application the subject of the appeal.
(2)The notice must state—
(a)the grounds of the appeal; and
(b)if the person given the notice is not the respondent or a co-respondent under this division—that the person, within 10 business days after the day the notice is given, may elect to become a co-respondent to the appeal.

540Notice of appeal to other parties (div 5)

(1)The registrar must, within 10 business days after the day the appeal is started, give written notice of an appeal under division 5 to—
(a)if the appellant is a person to whom an action notice, compliance permit or compliance certificate has been given—
(i)the compliance assessor who gave the notice, permit or certificate; and
(ii)if the compliance assessor was a nominated entity of a local government and a copy of the request for compliance assessment was given to the local government under section 402—the local government; or
(b)if the appellant is a person to whom a notice mentioned in section 525(1) has been given—
(i)the entity that gave the notice; and
(ii)if the entity that gave the notice was a nominated entity of a local government and the written agreement of the local government was required for the giving of the notice—the local government.
(2)The notice must state the grounds of the appeal.

541Notice of appeal to other parties (div 6)

(1)The registrar must, within 10 business days after the day the appeal is started, give written notice of an appeal under division 6 to—
(a)for an appeal under section 527—the assessment manager, the private certifier, if any, and any concurrence agency for an aspect of the development application the subject of the appeal; and
(b)for an appeal under section 528
(i)the applicant for the development application the subject of the appeal; and
(ii)the assessment manager, the private certifier, if any, and any concurrence agency for an aspect of the development application the subject of the appeal; and
(c)for an appeal under section 529
(i)the assessment manager, the private certifier, if any, and any concurrence agency for an aspect of the development application the subject of the appeal; and
(ii)if the person who made the request for the extension is not the appellant—the person who made the request; and
(d)for an appeal under section 530
(i)the responsible entity for making the change; and
(ii)if the responsible entity is the assessment manager—the private certifier, if any, and any entity that was a concurrence agency for the development application the subject of the appeal; and
(iii)if the person who made the request for the permissible change is not the appellant—the person who made the request; and
(e)for an appeal under section 531—the entity that gave the notice mentioned in the section; and
(f)for an appeal under section 532(1)—the entity that gave the notice or made the decision mentioned in the subsection; and
(g)for an appeal under section 532(3)—the local government to whom the application mentioned in the subsection was made; and
(h)for an appeal under section 533—the entity that gave the enforcement notice, and, if the entity is not the local government, the local government.
(2)The notice must state—
(a)the grounds of the appeal; and
(b)if the person given the notice is not the respondent or a co-respondent under this division and the appeal is other than under section 532 or 533—that the person, within 10 business days after the day the notice is given, may elect to become a co-respondent to the appeal.

542Notice of appeal to other parties (s 535)

(1)The registrar must, within 10 business days after the day the appeal is started, give written notice of an appeal under section 535 to the entity that gave the relevant notice mentioned in section 535(1)(a).
(2)The notice must state the grounds of the appeal.

543Respondent and co-respondents for appeals under s 519, 522 or 527

(1)This section applies to an appeal under section 519, 522 or 527 for a development application.
(2)The assessment manager is the respondent for the appeal.
(3)If the appeal is about a concurrence agency’s response, the concurrence agency is a co-respondent for the appeal.
(4)If the appeal is only about a concurrence agency’s response, the assessment manager may apply to the building and development committee to withdraw from the appeal.
(5)A person to whom a notice of appeal is required to be given under section 539 or 541 and who is not the respondent or a co-respondent for the appeal under subsections (1) to (3) may elect to be a co-respondent.

544Respondent and co-respondents for appeals under s 520 or 529

For an appeal under section 520 or 529
(a)the assessment manager for the development application the subject of the appeal is the respondent for the appeal; and
(b)the person asking for the extension the subject of the appeal is a co-respondent, if the appeal is started by a concurrence agency that gave the assessment manager a notice under section 385; and
(c)any other person to whom a notice of the appeal is required to be given under section 539 or 541 for the appeal may elect to be a co-respondent.

545Respondent and co-respondents for appeals under s 521 or 530

For an appeal under section 521 or 530
(a)the responsible entity for making the change is the respondent for the appeal; and
(b)if the responsible entity is the assessment manager—
(i)if the appeal is started by a person who gave a notice under section 373 or a pre-request response notice—the person who made the request for the change is a co-respondent; and
(ii)any other person given notice of the appeal may elect to become a co-respondent.

546Respondent and co-respondents for appeals under s 528

For an appeal under section 528
(a)the assessment manager for the development application the subject of the appeal is the respondent for the appeal; and
(b)the applicant for the development application is a co-respondent for the appeal; and
(c)any other person to whom a notice of the appeal is required to be given under section 541 may elect to be a co-respondent.

547Respondent and co-respondents for appeals under s 531, 532, 533 or 535

(1)This section applies to an appeal under section 531, 532, 533 or 535.
(2)An entity required under section 541 or 542 to be given a notice of the appeal is the respondent for the appeal.
(3)However, if under section 541(1)(h) more than 1 entity is required to be given notice—
(a)the entity that gave the enforcement notice the subject of the appeal is the respondent; but
(b)the local government may elect to be a co-respondent.

548Respondent and co-respondents for appeals under div 5

(1)For an appeal under section 523 or 524
(a)the compliance assessor is the respondent; and
(b)if the compliance assessor is a nominated entity of a local government and the appeal relates to a matter required by a local government—the local government is a co-respondent.
(2)However, if the appeal is only about a matter required by the local government, the compliance assessor may apply to the building and development committee to withdraw from the appeal.
(3)For an appeal under section 525
(a)the entity that gave the notice to which the appeal relates is the respondent; and
(b)if the entity mentioned in paragraph (a) is a nominated entity of a local government and the local government did not agree to the request mentioned in section 525(1)—the local government is a co-respondent.
(4)However, if the appeal is only about the local government’s refusal of the request, the entity that gave the notice to which the appeal relates may apply to the building and development committee to withdraw from the appeal.

549How a person may elect to be co-respondent

An entity elects to be a co-respondent by lodging in the building and development committee, within 10 business days after the day the notice of the appeal is given to the entity, a notice of election in the approved form.

550Respondent and co-respondents to be heard in appeal

The respondent and any co-respondents for an appeal are each entitled to be heard in the appeal as a party to the appeal.

551Registrar must ask assessment manager for material in particular proceedings

(1)If an appeal is about a deemed refusal or a deemed approval of a development application, the registrar must ask the assessment manager to give the registrar—
(a)all material, including plans and specifications, about the aspect of the application being appealed; and
(b)a statement of the reasons the assessment manager had not decided the application during the decision-making period or extended decision-making period; and
(c)any other information the registrar requires.
(2)The assessment manager must give the material mentioned in subsection (1) within 10 business days after the day the registrar asks for the material.

552Minister entitled to be represented in an appeal involving a State interest

If the Minister is satisfied an appeal involves a State interest, the Minister is entitled to be represented in the appeal.

553Lodging appeal stops particular actions

(1)If an appeal is started under section 519, 522, 527 or 528 the development must not be started until the appeal is decided or withdrawn.
(2)If an appeal is about a condition imposed on a compliance permit, the development must not be started until the appeal is decided or withdrawn.
(3)Despite subsections (1) and (2), if the building and development committee is satisfied the outcome of the appeal would not be affected if the development or part of the development is started before the appeal is decided, the committee may allow the development or part of the development to start before the appeal is decided.

Division 9 Process for appeals or proceedings for declarations in building and development committees

554Action when committee proceeding starts

(1)This section applies when the registrar of building and development committees receives a document starting a committee proceeding within the period required under this Act and accompanied by the prescribed fee.
(2)The chief executive must—
(a)establish a building and development dispute resolution committee for the proceeding; and
(b)subject to section 502(2) and (3)—appoint 1 of the referees as the committee’s chairperson.
(3)If a building and development committee is established, the registrar must give each party to the proceeding written notice of the establishment.
(4)Despite subsection (2), the chief executive may decide to end the committee proceeding without establishing a building and development committee if satisfied it is not reasonably practicable to do so.

Note—

See section 554B(2)(b), for examples of when it is not reasonably practicable.
(5)The chief executive must give all parties to the committee proceeding written notice of the decision to end the proceeding.
(5A)A notice under subsection (5) must state—
(a)that the person who started the ended proceeding may commence proceedings in the court; and
(b)how the court proceedings may be commenced.
(6)Despite another provision of this Act, a court appeal period for the matter the subject of the ended proceeding only begins when the person who started the ended proceeding is given a notice under subsection (5).

s 554 sub 2014 No. 36s 13

554APower of chief executive to excuse irregularities

(1)This section applies if—
(a)the registrar of building and development committees receives a document purporting to start a committee proceeding, accompanied by the prescribed fee; and
(b)either of the following applies (the noncompliance)—
(i)the document was not lodged within the period required under this Act;
(ii)the document does not otherwise comply with requirements under this Act for validly starting a proceeding of that type.
(2)The registrar must, in writing, refer the document to the chief executive together with the registrar’s reasons for deciding there is a noncompliance.
(3)The chief executive must—
(a)consider the document and the noncompliance and decide whether the noncompliance would cause substantial injustice to anyone who would be a party to the committee proceeding; and
(b)give written notice to the registrar about the decision.

Example of no substantial injustice—

A notice of appeal contains an incorrect real property description of the land the subject of the appeal, but an attached supporting document contains the correct one.
(4)If the chief executive decides the noncompliance would cause substantial injustice, the registrar must give the person who lodged the document a written notice stating that the document is of no effect because of the noncompliance.
(5)If the chief executive does not decide the noncompliance would cause any substantial injustice, the chief executive may act under section 554 as if the noncompliance had not happened.

s 554A ins 2014 No. 36s 13

554BPower to end committee proceeding or establish new committee

(1)This section applies if the chief executive is satisfied the building and development committee established for a committee proceeding—
(a)does not have the expertise to hear or decide the proceeding; or
(b)is not able to make a decision for a proceeding.
(2)The chief executive may—
(a)suspend the proceeding and establish another building and development dispute resolution committee to re-hear the proceeding; or
(b)if satisfied it is not reasonably practicable to establish another building and development dispute resolution committee—decide to end the committee proceeding.

Examples of when it is not reasonably practicable—

if there are no general referees or insufficient general referees appointed under section 571, who are not disqualified under section 505(3)
if the referees who are available will not be able to decide the proceeding in a timely way
(3)The chief executive must give all parties to the committee proceeding written notice of an action taken or decision made under subsection (2).
(4)Subsections (5) and (6) apply if the chief executive decides to end the committee proceeding.
(5)The notice under subsection (3) must state—
(a)that the person who started the ended proceeding may commence proceedings in the court; and
(b)how the court proceedings may be commenced.
(6)Despite another provision of this Act, a court appeal period for the matter the subject of the ended proceeding starts again when the person who started the ended proceeding is given a notice under subsection (3).

s 554B ins 2014 No. 36s 13

555Procedures of committees

(1)A building and development committee must—
(a)conduct its business in the way prescribed under a regulation or, in so far as the way is not prescribed, as it considers appropriate; and
(b)make its decisions in a timely way.
(2)A building and development committee may—
(a)sit at the times and places it decides; and
(b)hear an appeal and application for a declaration together; and
(c)hear 2 or more appeals or applications for a declaration together.

556Costs

Each party to an appeal or a proceeding for a declaration must bear the party’s own costs for the appeal or proceeding.

557Committee may allow longer period to take an action

(1)In this part, if an action must be taken within a specified time, the building and development committee may allow a longer time to take the action if the committee is satisfied there are sufficient grounds for the extension.
(2)Subsection (1) does not apply to a notice of appeal or an application for a declaration that is not received within the time stated for starting the appeal or proceeding for the declaration.

558Appeal or other proceedings may be by hearing or written submission

The chairperson of the building and development committee must decide whether the committee will—
(a)conduct a hearing for the appeal or application for the declaration; or
(b)if all the parties to the appeal or application agree—decide the appeal or application on the basis of written submissions.

559Appeals or other proceedings by hearing

If the appeal or application for the declaration is to be decided by way of a hearing, the chairperson must—
(a)fix a time and place for the hearing; and
(b)give all the parties to the appeal or proceeding for the declaration written notice of the time and place of the hearing.

560Right to representation at hearing

(1)A party to an appeal or a proceeding for a declaration may appear in person or be represented by an agent.
(2)A person must not be represented at an appeal or a proceeding for a declaration by an agent who is a lawyer.

561Conduct of hearings

(1)In conducting a hearing, the building and development committee—
(a)need not proceed in a formal way; and
(b)is not bound by the rules of evidence; and
(c)may inform itself in the way it considers appropriate; and
(d)may seek the views of any person; and
(e)must give all persons appearing before it reasonable opportunity to be heard; and
(f)may prohibit or regulate questioning in the hearing.
(2)The building and development committee may hear an appeal or conduct a proceeding for a declaration without hearing a person if the person is not present or represented at the time and place appointed for hearing the person.
(3)If, because of the time available for conducting the appeal or other proceeding, a person does not have an opportunity to be heard, or fully heard, the person may make a written submission about the matter to the building and development committee.

562Appeals or other proceedings by written submission

(1)If the building and development committee is to decide the appeal or application for the declaration on the basis of written submissions, the chairperson must—
(a)decide a reasonable time within which the committee may accept the written submissions; and
(b)give the parties written notice that the appeal or application is to be decided on the basis of written submissions.
(2)The notice must ask for written submissions about the appellant’s grounds of appeal, or the application, to be given to the chairperson within the time decided under subsection (1)(a).

563Matters committee may consider in making a decision

(1)This section applies if the appeal or application for the declaration is about—
(a)a development application, including about a development approval given for a development application; or
(b)a request for compliance assessment, including an action notice, compliance permit or compliance certificate.
(2)The building and development committee must decide the appeal or application based on the laws and policies applying when the development application or request was made, but may give the weight to any new laws and policies the committee considers appropriate.

564Appeal decision

(1)In deciding an appeal the building and development committee may make the orders and directions it considers appropriate.
(2)Without limiting subsection (1), the building and development committee may—
(a)confirm the decision appealed against; or
(b)change the decision appealed against; or
(c)set aside the decision appealed against and make a decision replacing the decision set aside; or
(d)for a deemed refusal of a development application—
(i)order the assessment manager to decide the application or request by a stated time; and
(ii)if the assessment manager does not comply with the order under subparagraph (i)—decide the application; or
(e)if the application is for building work—with the consent of the appellant, vary the application so that the building and development committee is satisfied—
(i)the building, when erected, will not have an extremely adverse effect on the amenity or likely amenity of the building’s neighbourhood; and
(ii)the aesthetics of the building, when erected, will not be in extreme conflict with the character of the building’s neighbourhood.
(3)If the building and development committee acts under subsection (2)(b), (c), (d)(ii) or (e), the committee’s decision is taken, for this Act, other than this division, to be the decision of the entity that made the decision being appealed.
(4)The chairperson of the building and development committee must give all parties to the appeal written notice of the committee’s decision.

Note—

Any person receiving a notice may appeal the decision. See section 479 (Appeals from building and development committees).
(5)The decision of the building and development committee takes effect—
(a)if a party to the proceeding does not appeal against the decision—at the end of the period during which the committee’s decision may be appealed; or
(b)if an appeal is made to the court against the committee’s decision—subject to the decision of the court, when the appeal is finally decided or withdrawn.

565Committee may make orders about declaration

A building and development committee may make orders about a declaration made by the committee.

566Declaration decision

The chairperson of the building and development committee must give all parties to a proceeding for a declaration a written notice of the committee’s declaration and any orders made by the committee for the declaration.

567When decision may be made without representation or submission

The building and development committee may decide an appeal or application for a declaration without the representations or submissions of a person who has been given a notice under section 559(b) or section 562(1)(b) if—
(a)for a hearing without written submissions—the person does not appear at the hearing; or
(b)for a hearing on the basis of written submissions—the person’s submissions are not received within the time stated in the notice given under section 562(1).

568Notice of compliance

If the building and development committee orders or directs the assessment manager, including a private certifier acting as an assessment manager, or a compliance assessor to do something, the assessment manager or compliance assessor must, after doing the thing, give the registrar written notice of doing the thing.

569Publication of committee decisions

The registrar may publish decisions of a building and development committee under arrangements, and in the way, approved by the chief executive.

569APower to refund fees for committee proceeding ended by chief executive

If, under section 554(4) or 554B(2)(b), the chief executive ends a committee proceeding, the chief executive may, but need not, refund the fee paid to start the proceeding.

s 569A ins 2014 No. 36s 14

Division 10 Referees

570Appointment of referees

(1)The Minister, by gazette notice, may appoint the number of persons the Minister considers appropriate to be general referees under this Act.
(2)Also, the chief executive may, by written notice, appoint other persons to be referees if satisfied each person has the qualifications, experience or qualifications and experience to be a referee.
(3)A public service officer may be appointed as a referee.
(4)A public service officer appointed under this section holds the appointment concurrently with any other appointment the officer holds in the public service.

s 570 amd 2014 No. 36s 15

571Qualifications of general referees

A general referee may be appointed as a member of a building and development committee to hear and decide a matter only if the general referee has the qualifications, experience or qualifications and experience prescribed for the matter under a regulation.

572Term of referee’s appointment

(1)A person may be appointed—
(a)as a general referee—for the term the Minister considers appropriate, but the term must not be longer than 3 years; and
(b)as a referee appointed by the chief executive—for the term the chief executive considers appropriate, but the term must not be longer than 3 years.
(2)The term of appointment as mentioned in subsection (1) must be stated in the notice of appointment.
(3)A referee may be reappointed.
(4)A referee may, at any time, resign the referee’s appointment by signed notice given to—
(a)if the Minister appointed the referee—the Minister; or
(b)if the chief executive appointed the referee—the chief executive.
(5)An appointment may be cancelled at any time by—
(a)if the referee is a general referee—the Minister; or
(b)otherwise—the chief executive.

s 572 sub 2014 No. 36s 16

573Referee to make declaration

(1)A person appointed as a referee must—
(a)sign a declaration in the approved form; and
(b)give the declaration to the chief executive as soon as the declaration is signed.
(2)The person must not sit as a member of a building and development committee until the declaration has been given to the chief executive.

s 573 amd 2014 No. 36s 17

Part 3 Provisions about offences, notices and orders

Division 1 Particular offences and exemptions

Subdivision 1 Development offences

574Self-assessable development must comply with codes

A person must comply with applicable codes for self-assessable development.

Maximum penalty—165 penalty units.

s 574 amd 2012 No. 16s 78 sch

575Carrying out development without compliance permit

(1)A person must not carry out development requiring compliance assessment unless there is an effective compliance permit for the development.

Maximum penalty—4500 penalty units.

(2)Subsection (1) applies subject to sections 584, 585 and 586.

s 575 amd 2017 No. 12 s 77

576Compliance with compliance permit or compliance certificate

(1)A person must not contravene a compliance permit, including any condition in the permit.

Maximum penalty—165 penalty units.

(2)A person must not contravene a condition in a compliance certificate.

Maximum penalty—165 penalty units.

(3)Subsections (1) and (2) apply subject to subdivision 2.

577Making request for compliance assessment

(1)This section applies if, under a regulation or other instrument mentioned in section 397(4), a person is required to request compliance assessment of a document or work within a period stated in the regulation or other instrument.
(2)The person must comply with the requirement.

Maximum penalty—165 penalty units.

578Carrying out assessable development without permit

(1)A person must not carry out assessable development unless there is an effective development permit for the development.

Maximum penalty—4500 penalty units.

(2)Subsection (1)—
(a)applies subject to subdivision 2; and
(b)does not apply to development carried out under section 342(3).
(3)Despite subsection (1), the maximum penalty is 17000 penalty units if the assessable development is on a Queensland heritage place or local heritage place.
(4)Subsection (5) applies to a development permit for assessable development that is building work if, under section 245A(3) or (5), the permit does not authorise the carrying out of a part of the building work.
(5)For subsection (1), the development permit is not an effective development permit for the part.

s 578 amd 2017 No. 12 s 78

579Particular assessable development must comply with codes

A person must comply with codes mentioned in section 233(2) when carrying out assessable development.

Maximum penalty—165 penalty units.

580Compliance with development approval

(1)A person must not contravene a development approval, including any condition in the approval.

Maximum penalty—4500 penalty units.

(2)Subsection (1) applies subject to subdivision 2.
(3)In subsection (1)—
development approval includes an approval under the repealed LGP&E Act, section 4.4(5) or 4.7(5).

s 580 amd 2012 No. 16s 75; 2017 No. 12 s 79

581Offence to carry out prohibited development

(1)A person must not carry out development that is prohibited development.

Maximum penalty—4500 penalty units.

(2)Subsection (1) applies subject to section 584 and chapter 9, part 1.
(3)Also, subsection (1) does not apply to the carrying out of development under—
(a)a development approval given for a development application (superseded planning scheme); or
(b)a compliance permit given for a request for compliance assessment assessed and decided under a superseded planning scheme.

s 581 amd 2017 No. 12 s 80

582Offences about the use of premises

Subject to subdivision 2, a person must not use premises—
(a)if the use is not a lawful use; or
(b)unless the use is in accordance with—
(i)for premises that have not been designated—a planning scheme or temporary local planning instrument that regulates the use of the premises; or

Note—

See sections 80 (Status of planning scheme) and 102 (Status of temporary local planning instrument).
(ii)for premises that have been designated—any requirements about the use of land that are part of the designation.

Note—

See section 202 (What designations may include).

Maximum penalty—4500 penalty units.

s 582 amd 2017 No. 12 s 81

583[Repealed]

s 583 om 2012 No. 34s 72

Subdivision 2 Exemptions

584General exemption for emergency development or use

(1)Sections 575, 576, 578, 580, 581 and 582 do not apply to a person if—
(a)the person carries out development or a use, other than operational work that is tidal works or building work to which section 585 or 586 applies, because of an emergency endangering—
(i)the life or health of a person; or
(ii)the structural safety of a building; or
(iii)the operation or safety of community infrastructure that is not a building; and
(b)the person gives written notice of the development or use to the assessing authority as soon as practicable after starting the development or use.
(2)However, subsection (1) does not apply if the person is required by an enforcement notice or order to stop carrying out the development or use.

s 584 amd 2011 No. 33s 21; 2012 No. 34s 73

585Coastal emergency exemption for operational work that is tidal works

(1)This section applies to operational work (the emergency work) if all of the following circumstances apply—
(a)the emergency work is tidal works;
(b)other than for this section, a development permit or compliance permit would have been required to carry out the emergency work;
(c)the emergency work is necessary to ensure the following are not, or are not likely to be, endangered by a coastal emergency—
(i)the structural safety of an existing structure for which there is a development permit or compliance permit for operational work that is tidal works; or
(ii)the life or health of a person; or
(iii)the structural safety of a building; or
(iv)the operation or safety of community infrastructure that is not a building.
(2)Sections 575, 576, 578, 580 and 582 do not apply to a person who carries out the emergency work if—
(a)the person has made a safety management plan for the emergency work, after having regard to the following matters—
(i)the long-term safety of members of the public who have access to the emergency work or any structure to which the emergency work relates;
(ii)if practicable, the advice of any registered professional engineer who has conducted an audit of any structure to which the emergency work relates; and
(b)the person complies with the safety management plan; and
(c)the person takes reasonable precautions and exercises proper diligence to ensure the emergency work, and any structure to which the emergency work relates, are in a safe condition; and
(d)without limiting paragraph (c), the person commissions a registered professional engineer to conduct an audit of any structure to which the emergency work relates, to ensure the emergency work and the structure are in a safe condition; and
(e)as soon as reasonably practicable after starting the emergency work, the person—
(i)makes a development application for any development permit, or a request for compliance assessment for any compliance permit, that would otherwise be required for the work; and
(ii)gives the assessment manager for the application, or the compliance assessor for the request, written notice of the work and a copy of the safety management plan.
(3)However, subsection (2) does not apply if the person is required by an enforcement notice or order to stop carrying out the emergency work.
(4)Also, subsection (2) ceases to apply if the development application is refused.
(5)If, under subsection (4), subsection (2) ceases to apply, the person must remove the emergency work as soon as practicable.

Maximum penalty—4500 penalty units.

s 585 amd 2011 No. 33s 22; 2017 No. 12 s 82

586Exemption for building work on Queensland heritage place or local heritage place

(1)This section applies to building work (the emergency building work) if—
(a)the work is carried out on a Queensland heritage place or a local heritage place; and
(b)other than for this section, a development permit or compliance permit would have been required to carry out the work; and
(c)it is necessary to carry out the work because of an emergency endangering—
(i)the life or health of a person; or
(ii)the structural safety of a building; or
(iii)the operation or safety of community infrastructure that is not a building.
(2)Sections 575, 576, 578, 580 and 582 do not apply to a person who carries out the emergency building work if—
(a)before starting the work and if practicable, the person obtains the advice of a registered professional engineer about the work; and
(b)the person takes all reasonable steps—
(i)to ensure the work is reversible; or
(ii)if the work is not reversible—to limit the impact of the work on the cultural heritage significance of the Queensland heritage place or local heritage place; and
(c)as soon as reasonably practicable after starting the work, the person—
(i)makes a development application for any development permit, or a request for compliance assessment for any compliance permit, that would otherwise be required for the work; and
(ii)gives the assessment manager for the application, or the compliance assessor for the request, written notice of the work.
(3)However, subsection (2) does not apply if the person is required by an enforcement notice or order to stop carrying out the emergency building work.
(4)Also, subsection (2) ceases to apply if the development application mentioned in subsection (2)(c) is refused.
(5)If, under subsection (4), subsection (2) ceases to apply, the person must remove the emergency building work as soon as practicable.

Maximum penalty—4500 penalty units.

s 586 amd 2011 No. 33s 23; 2017 No. 12 s 83

Subdivision 3 False or misleading documents or declarations

587False or misleading document or declaration

(1)A person must not give an assessment manager a notice under section 275, 300, 301 or 749 that is false or misleading.

Maximum penalty—4500 penalty units.

(2)A person must not give to any of the following entities a document containing information that the person knows is false or misleading in a material particular—
(a)the assessment manager;
(b)a concurrence agency;
(c)a responsible entity for making a permissible change to a development approval;
(d)a compliance assessor.

Maximum penalty—4500 penalty units.

(3)A person must not give a declaration to an assessment manager under section 260(1)(e)(ii) that the person knows is false or misleading.

Maximum penalty—4500 penalty units.

s 587 amd 2012 No. 34s 74; 2017 No. 12 s 84

Division 2 Show cause notices

588Giving show cause notice

(1)This section applies if the assessing authority reasonably believes a person has committed, or is committing, a development offence.
(2)Before giving an enforcement notice about the development offence, the assessing authority must give the person a notice (a show cause notice) inviting the person to show cause why the enforcement notice should not be given.
(3)Despite subsection (2), the assessing authority need not give a show cause notice if it reasonably considers it is not appropriate in the circumstances to give the notice.

Example—

An assessing authority might not give a show cause notice if it considers urgent action is necessary to address a danger to public health or safety or giving the notice would be likely to adversely affect the effectiveness of the enforcement notice.

589General requirements of show cause notice

(1)A show cause notice must—
(a)be in writing; and
(b)outline the facts and circumstances forming the basis for the assessing authority’s belief that an enforcement notice should be given to the person; and
(c)state that representations may be made about the show cause notice; and
(d)state how the representations may be made; and
(e)state where the representations may be made or sent; and
(f)state—
(i)a day and time for making the representations; or
(ii)a period within which the representations must be made.
(2)The day or period stated in the notice must be, or must end, at least 20 business days after the notice is given.

Division 3 Enforcement notices

590Giving enforcement notice

(1)If an assessing authority reasonably believes a person has committed, or is committing, a development offence, the authority may give a notice (an enforcement notice) to the person requiring the person to do either or both of the following—
(a)to refrain from committing the offence;
(b)to remedy the commission of the offence in the way stated in the notice.

Note—

A person who receives an enforcement notice may appeal against the notice under section 473 or 533 (Appeals against enforcement notices).
(2)If the assessing authority giving the notice reasonably believes the person has committed, or is committing, the development offence in a local government area and the assessing authority is not the local government, the assessing authority must also give the local government a copy of the notice.
(3)If the assessing authority gives the local government a copy of the notice under subsection (2) and the notice is later withdrawn, the assessing authority must give the local government written notice of the withdrawal.
(4)If a private certifier is engaged for an aspect of a development, the assessing authority must not give an enforcement notice in relation to the aspect until the assessing authority has consulted with the private certifier about the giving of the notice.
(5)If the assessing authority is the private certifier, the assessing authority must not give an enforcement notice until the assessing authority has consulted with the assessment manager about the giving of the notice.
(6)Subsections (4) and (5) do not apply if the assessing authority reasonably believes the work, in relation to which the enforcement notice is to be given, is dangerous.
(7)If the assessing authority is the private certifier or the local government, the assessing authority may not delegate its power to give an enforcement notice ordering the demolition of a building.
(8)An enforcement notice requiring any person carrying out development to stop carrying out the development may be given by fixing the notice to the premises, or the building or structure on the premises, in a way that a person entering the premises would normally see the notice.
(9)If, in relation to a development offence involving premises, the person who committed the offence is not the owner of the premises, the assessing authority may also give an enforcement notice to the owner requiring the owner to remedy the commission of the offence in the way stated in the notice.

591Restriction on giving enforcement notice

(1)This section applies if the assessing authority has given a person a show cause notice about a development offence.
(2)The assessing authority may give the person an enforcement notice about the development offence only if the assessing authority—
(a)has considered all representations made by the person about the show cause notice within the period stated in the notice; and
(b)still believes it is appropriate to give the enforcement notice.

592Specific requirements of enforcement notice

(1)Without limiting specific requirements an enforcement notice may impose, a notice may require a person to do any of the following—
(a)to stop carrying out development;
(b)to stop a stated use of a premises;
(c)to demolish or remove a work;
(d)to restore, as far as practicable, premises to the condition the premises were in immediately before development was started;
(e)to do, or not to do, another act to ensure development complies with a development approval, a compliance permit or a code;
(f)to apply for a development permit;
(g)to make a request under section 401 for compliance assessment of development, a document or work requiring compliance assessment;
(h)if the assessing authority reasonably believes a work is dangerous—
(i)to repair or rectify the work; or
(ii)to secure the work, whether by a system of supports or in another way; or
(iii)to fence off the work to protect persons;
(i)to prepare and submit to the assessing authority a compliance program demonstrating how compliance with the enforcement notice will be achieved.
(2)However, a person may be required to demolish or remove a work only if the assessing authority reasonably believes it is not possible and practical to take steps—
(a)to make the work comply with a development approval, a compliance permit or a code; or
(b)if the work is dangerous—to remove the danger.

s 592 amd 2012 No. 34s 75

593General requirements of enforcement notices

(1)An enforcement notice must—
(a)be in writing; and
(b)describe the nature of the alleged offence; and
(c)inform the person to whom the notice is given of the person’s right to appeal against the giving of the notice.
(2)If an enforcement notice requires a person to do an act involving the carrying out of work, it also must give details of the work involved.
(3)If an enforcement notice requires a person to refrain from doing an act, it also must state either—
(a)a period for which the requirement applies; or
(b)that the requirement applies until further notice.
(4)If an enforcement notice requires a person to do an act, it also must state a period within which the act is required to be done.
(5)If an enforcement notice requires a person to do more than 1 act, it may state different periods within which the acts are required to be done.

594Offences relating to enforcement notices

(1)A person who is given an enforcement notice must comply with the notice.

Maximum penalty—4500 penalty units.

(2)A person must not damage, deface or remove an enforcement notice given under section 590(8).

Maximum penalty—4500 penalty units.

s 594 amd 2017 No. 12 s 85

595Processing application or request required by enforcement notice or show cause notice

If a person applies for a preliminary approval or development permit or makes a request for compliance assessment of development under section 401 as required by an enforcement notice or in response to a show cause notice, the person—
(a)must not discontinue the application or request, unless the person has a reasonable excuse; and
(b)must take all necessary and reasonable steps to enable the application or request to be decided as quickly as possible, unless the person discontinues the application or request with a reasonable excuse; and
(c)if the person appeals against the decision on the application or request—must take all necessary and reasonable steps to enable the appeal to be decided by the court as quickly as possible, unless the person has a reasonable excuse.

Maximum penalty—4500 penalty units.

s 595 amd 2012 No. 34s 76; 2017 No. 12 s 86

596Assessing authority may take action

(1)If a person to whom an enforcement notice is given contravenes the notice by not doing something, the assessing authority, if it is not a local government, may do the thing.

Note—

If the assessing authority is a local government, it has similar powers and may recover its costs. See the Local Government Act, section 142 and the City of Brisbane Act, section 132.
(2)Any reasonable costs or expenses incurred by an assessing authority in doing anything under subsection (1) may be recovered by the authority as a debt owing to it by the person to whom the notice was given.

s 596 amd 2012 No. 3s 83

Division 4 Offence proceedings in Magistrates Court

597Proceedings for offences

(1)A person may bring a proceeding in a Magistrates Court on a complaint to prosecute another person for an offence against this part.
(2)The person may bring the proceeding whether or not any right of the person has been, or may be, infringed by, or because of, the commission of the offence.
(3)However, a proceeding may only be brought by the assessing authority for an offence under—
(a)section 574, 578 or 580 about the building assessment provisions; or
(b)section 579, 587, 594 or 595.

598Proceeding brought in a representative capacity

(1)A proceeding under section 597 may be brought by the person on their own behalf or in a representative capacity.
(2)However, if the proceeding is brought in a representative capacity, 1 of the following consents must be obtained—
(a)if the proceeding is brought on behalf of a body of persons or a corporation—the consent of the members of the governing body;
(b)if the proceeding is brought on behalf of an individual—the consent of the individual.

599Magistrates Court may make orders

(1)After hearing the complaint, the Magistrates Court may make an order on the defendant it considers appropriate.
(2)The order may be made in addition to, or in substitution for, any penalty the court may otherwise impose.
(3)The order may require the defendant—
(a)to stop development or carrying on a use; or
(b)to demolish or remove a work; or
(c)to restore, as far as practicable, premises to the condition the premises were in immediately before development or use of the premises started; or
(d)to do, or not to do, another act to ensure development or use of the premises complies with a development approval, a compliance permit or a code; or
(e)for development that has started—to apply for a development permit; or
(f)to make a request under section 401 for compliance assessment of development, a document or work requiring compliance assessment; or
(g)if the court believes a work is dangerous—
(i)to repair or rectify the work; or
(ii)to secure the work.
(4)The order must state the time, or period, within which the order must be complied with.
(5)A person who contravenes the order commits an offence against this Act.

Maximum penalty—4500 penalty units or imprisonment for 12 months.

(6)If the order states that contravention of the order is a public nuisance, an assessing authority, other than a local government, may undertake any work necessary to remove the nuisance.
(7)If an assessing authority carries out works under subsection (6), it may recover the reasonable cost of the works as a debt owing to the assessing authority from the person to whom the order was given.

s 599 amd 2012 No. 34s 77; 2017 No. 12 s 87

600Costs involved in bringing proceeding

If the proceeding is brought in a representative capacity, the person on whose behalf the proceeding is brought may contribute to, or pay, the legal costs and expenses incurred by the person bringing the proceeding.

Division 5 Enforcement orders of court

601Proceeding for orders

(1)A person may bring a proceeding in the court—
(a)for an order to remedy or restrain the commission of a development offence (an enforcement order); or
(b)if the person has brought a proceeding under paragraph (a) and the court has not decided the proceeding—for an order under section 603 (an interim enforcement order); or
(c)to cancel or change an enforcement order or interim enforcement order.
(2)However, if the offence under subsection (1)(a) is an offence under section 574, 578 or 580 about the building assessment provisions, the proceeding may be brought only by the assessing authority.
(3)The person may bring a proceeding under subsection (1)(a) whether or not any right of the person has been, or may be, infringed by, or because of, the commission of the offence.

602Proceeding brought in a representative capacity

(1)A proceeding under section 601 may be brought by the person on their own behalf or in a representative capacity.
(2)However, if the proceeding is brought in a representative capacity, 1 of the following consents must be obtained—
(a)if the proceeding is brought on behalf of a body of persons or a corporation—the consent of the members of the governing body;
(b)if the proceeding is brought on behalf of an individual—the consent of the individual.

603Making interim enforcement order

(1)The court may make an interim enforcement order pending a decision of the proceeding if the court is satisfied it would be appropriate to make the order.
(2)The court may make the order subject to conditions, including a condition requiring the applicant for the order to give an undertaking to pay costs resulting from damage suffered by the respondent if the proceeding is unsuccessful.

604Making enforcement order

(1)The court may make an enforcement order if the court is satisfied the offence—
(a)has been committed; or
(b)will be committed unless restrained.
(2)If the court is satisfied the offence has been committed, the court may make an enforcement order whether or not there has been a prosecution for the offence under division 4.

605Effect of orders

(1)An enforcement order or an interim enforcement order may direct the respondent—
(a)to stop an activity that constitutes, or will constitute, a development offence; or
(b)not to start an activity that will constitute a development offence; or
(c)to do anything required to stop committing a development offence; or
(d)to return anything to a condition as close as practicable to the condition it was in immediately before a development offence was committed; or
(e)to do anything about a development or use to comply with this Act.
(2)Without limiting the court’s powers, the court may make an order requiring—
(a)the repair, demolition or removal of a building; or
(b)for a development offence relating to the clearing of vegetation on freehold land—
(i)rehabilitation or restoration of the area cleared; or
(ii)if the area cleared is not capable of being rehabilitated or restored—the planting and nurturing of stated vegetation on a stated area of equivalent size.
(3)An enforcement order or an interim enforcement order—
(a)may be in terms the court considers appropriate to secure compliance with this Act; and
(b)must state the time by which the order is to be complied with.

606Court’s powers about orders

(1)The court’s power to make an enforcement order or interim enforcement order to stop, or not to start, an activity may be exercised whether or not—
(a)it appears to the court the person against whom the order is made intends to engage, or to continue to engage, in the activity; or
(b)the person has previously engaged in an activity of the kind; or
(c)there is danger of substantial damage to property or injury to another person if the person engages, or continues to engage, in the activity.
(2)The court’s power to make an enforcement order or interim enforcement order to do anything may be exercised whether or not—
(a)it appears to the court the person against whom the order is made intends to fail, or to continue to fail, to do the thing; or
(b)the person has previously failed to do a thing of the kind; or
(c)there is danger of substantial damage to property or injury to another person if the person fails, or continues to fail, to do the thing.
(3)The court may cancel or change an enforcement order or interim enforcement order.
(4)The court’s power under this section is in addition to its other powers.

607Costs involved in bringing proceeding

If the proceeding is brought in a representative capacity, the person on whose behalf the proceeding is brought may contribute to, or pay, the legal costs and expenses incurred by the person bringing the proceeding.

Division 6 Application of Acts

608Application of other Acts

(1)This section applies if anoth