Download Economic Development Act 2012 PDF

TitleEconomic Development Act 2012
LanguageEnglish
File Size1.3 MB
Total Pages169
Table of Contents
                            Contents
	Chapter 1 Preliminary
		Part 1 Introduction
			1 Short title
			2 Commencement
			3 Main purpose of Act
			4 How main purpose is primarily achieved
			5 Act binds all persons
		Part 2 Interpretation
			6 Definitions
			7 Application of provisions
	Chapter 2 Minister for Economic Development Queensland
		Part 1 Establishment
			8 Establishment of Minister for Economic Development Queensland
			9 MEDQ represents the State
			10 Legal capacity
			11 Application of other Acts
			12 MEDQ declared to be excluded matter
		Part 2 Functions
			13 MEDQ’s functions
		Part 3 Matters about dealing in land or other property, or the provision of infrastructure
			Division 1 General
				14 Purpose of pt 3
				15 MEDQ to act commercially
			Division 2 Dealing in land or other property
				16 What power to deal in land or other property includes
				17 Dealing in land or other property generally
				18 Selling surplus property
				19 Conditional disposal of land or other property
			Division 3 Provision of infrastructure
				20 Construction of roads
			Division 4 Financial arrangements
				21 Entering into financial arrangements
				22 Holding land or other property obtained as security
			Division 5 Other functions and powers
				23 Arrangements for facilitating economic development or development for community purposes
				24 Research
		Part 4 Economic Development Fund
			25 Economic Development Fund
			26 Payments of amounts into the Fund
			27 Payment of amounts from the Fund
			28 Administration of the Fund
		Part 5 Staffing arrangements and identity cards
			29 Staffing arrangements
			30 Issue of identity card for particular employees and agents
			31 Production or display of identity card
			32 Return of identity card
	Chapter 3 Planning and development
		Part 1 Preliminary
			33 Development and its types
		Part 2 Priority development areas
			Division 1 Declaration of provisional priority development areas and provisional land use plans
				34 Declaration
				35 Provisional land use plan required for provisional priority development area
				36 Tabling and inspection of documents adopted in declaration regulation
			Division 2 Declaration of other priority development areas and interim land use plans
				37 Declaration
				38 Interim land use plan required
				39 Expiry of interim land use plan
				40 Tabling and inspection of documents adopted in declaration regulation
			Division 2A Declaration of PDA-associated development by MEDQ
				40A Application of division
				40B Consultation required before declaring PDA-associated development
				40C Declaration of PDA-associated development
				40D Content of declaration
				40E Notice of declaration
			Division 3 Cessation of priority development areas
				Subdivision 1 Provisional priority development areas
				Subdivision 2 Priority development areas
				Subdivision 3 Other matters
			Division 4 Relationship with Planning Act
				Subdivision 1 Effect of declaration of priority development areas
				Subdivision 2 Effect of cessation of priority development areas
			Division 5 Miscellaneous provisions
				51A Lawful uses relating to PDA-associated development
				52 Exchange of documents and information with other entities with planning or registration functions
				53 Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009
				54 By-laws
		Part 3 Development schemes
			Division 1 Making development schemes
				55 Application of div 1
				56 Development scheme required
				57 Content of development scheme
				58 Preparation of proposed development scheme
				59 Public notification
				60 Submissions on proposed scheme
				61 Consideration of submissions
				62 Amendment of proposed scheme
				63 Making of scheme
				64 When proposed scheme takes effect
				65 Notice of development scheme
			Division 2 Amendment of development schemes
				66 General power to amend
				67 Power to amend to change land use plan
				68 When amendment takes effect
				69 Notice of amendment
			Division 3 Miscellaneous provisions
				70 Tabling and inspection requirement
				71 Development scheme prevails over particular instruments
		Part 4 Development and uses in or for priority development areas
			Division 1 PDA development offences
				72 Application of div 1
				73 Carrying out PDA assessable development without PDA development permit
				74 Compliance with requirements for carrying out PDA self-assessable development
				75 Compliance with PDA development approval
				76 Offence about use of premises
			Division 2 Protection of particular uses and rights
				77 Exemption for particular development approvals and designations under Planning Act
				78 Lawful uses of premises protected
				79 Lawfully constructed buildings and works protected
				80 Amendment of relevant development instrument does not affect existing development approval under Planning Act or PDA development approval
				81 Development or use carried out in emergency
			Division 3 PDA development applications
				Subdivision 1 Making application
				Subdivision 2 Processing application
				Subdivision 3 Appeals
				Subdivision 4 Miscellaneous provisions
			Division 4 PDA development approvals
				94 Types of PDA development approvals
				95 Duration of approval
				96 Approval attaches to the relevant land
				97 Provision for enforcement of PDA development conditions
				98 Cancellation
				99 Application to change PDA development approval
				100 When approval lapses generally
				101 Application to extend currency period
				102 Deciding extension application
			Division 5 Miscellaneous provisions
				103 Restriction on particular land covenants
				104 Plans of subdivision
		Part 5 Court orders for PDA development offences etc.
			Division 1 Enforcement orders
				105 Starting proceeding for enforcement order
				106 Making interim enforcement order
				107 Making enforcement order
				108 Effect of enforcement order
				109 Powers about enforcement orders
				110 Offence to contravene enforcement order
			Division 2 Magistrates Court orders
				111 Orders Magistrates Court may make in PDA offence proceeding
				112 Offence to contravene Magistrates Court order
			Division 3 Other provisions relating to court orders or proceedings
				113 MEDQ’s power to remedy stated public nuisance
				114 Planning and Environment Court may make declarations
		Part 6 Particular charges
			Division 1 Special rates or charges
				115 Levying special rates or charges
				116 Application of special rate or charge
			Division 2 Infrastructure expenses recoupment charges
				116A Definitions for div 2
				116B Making and levying charge
				116C Requirements for authorising instrument
				116D Basis and amount of charge
				116E Making and levying of charge by superseding public sector entity
			Division 3 Recovery of relevant charges
				116F Definitions for div 3
				116G Charge notice
				117 Recovery of relevant charge
		Part 7 Infrastructure agreements relating to priority development areas
			118 Application of pt 7
			119 Exercise of discretion unaffected by infrastructure agreements
			120 Infrastructure agreements prevail if inconsistent with PDA development approval
			121 Infrastructure agreement continues beyond cessation of priority development area
			122 Consultation with public sector entities before entering into particular infrastructure agreements
		Part 8 MEDQ’s powers relating to priority development areas and PDA-associated development
			123 Application of local government entry powers for MEDQ’s functions or powers
			124 Roads and road closures
			125 Vesting land in permanently closed road or unallocated State land in MEDQ
			126 Giving information about roads to relevant local government
			127 Direction to government entity or local government to accept transfer
			128 Direction to government entity or local government to provide or maintain infrastructure
		Part 9 Fees
			129 Application fees
	Chapter 4 Establishment etc. of other entities
		Part 1 Economic Development Board
			Division 1 Establishment and functions
				130 Establishment
				131 Board’s functions
			Division 2 Membership
				132 Membership of the board
				133 Chairperson and deputy chairperson
				134 Terms and conditions of appointment etc.
				135 Disclosure of interests
			Division 3 Meetings and other business of the board
				136 Conduct of business
				137 Times and places of meetings
				138 Quorum
				139 Attendance by proxy
				140 Presiding at meetings
				141 Conduct of meetings
				142 Decisions outside meetings
				143 Minutes and record of decisions
		Part 2 Commonwealth Games Infrastructure Authority
			Division 1 Establishment and functions
				144 Establishment of authority
				145 Authority’s functions
			Division 2 Membership
				146 Membership of the authority
				147 Chairperson and deputy chairperson
				148 Terms and conditions of appointment etc.
				149 Disclosure of interests
			Division 3 Meetings and other business of the authority
				150 Conduct of business
				151 Times and places of meetings
				152 Quorum
				153 Attendance by proxy
				154 Presiding at meetings
				155 Conduct of meetings
				156 Decisions outside meetings
				157 Minutes and record of decisions
		Part 3 Local representative committees
			158 Establishment
			159 Functions
		Part 4 Provisions applying to members
			160 Report about person’s criminal history for particular appointments
			161 Duty to act honestly and exercise care and diligence
			162 MEDQ may bring proceedings
	Chapter 5 General
		Part 1 Other offences
			163 Privacy
			164 Liability of executive officer for particular offences committed by corporation
			165 Giving MEDQ a false or misleading document
		Part 2 Proceedings
			166 Proceedings for offences
			167 Limitation on time for starting proceeding for summary offence
			168 Evidentiary aids
		Part 3 Provisions about performance of functions etc. under this Act
			169 Delegations
			170 MEDQ may give directions
			171 Protection from civil liability
		Part 4 Other administrative matters
			172 Registers
			173 Access to registers
			174 Matters to be included in department’s annual report
			175 Approved forms
			176 Regulation-making power
	Chapter 6 Transitional provisions and repeals for Act No. 43 of 2012
		Part 1 Preliminary
			177 Definitions for ch 6
		Part 2 Abolition of former entities and transfer of their assets etc.
			178 Abolition of former entity etc.
			179 Employees of former ULDA to be employed by department
			180 MEDQ is legal successor
			181 Assets and liabilities etc. of a former entity
			182 Proceeding not yet started by or against a former entity
			183 Proceeding to which a former entity was a party
			184 Records of former entity
			185 References to former entity and former entity’s website
			186 Amounts in Estates Construction Fund at the commencement
			187 Annual reporting
			188 Offences relating to former entity
			189 Other things done by former entity
		Part 3 Existing urban development areas
			190 Existing urban development areas
			191 Existing interim land use plans for transitioned UDAs
			192 MEDQ must make development scheme for transitioned UDA
			193 Existing development schemes for transitioned UDAs
			194 Application of this Act to transitioned UDAs
			195 Relationship with repealed Sustainable Planning Act
			196 Regulation about transitioned UDAs
		Part 4 Provisions about cessation of an urban development area
			197 Particular provisions about land or premises that were in urban development area
		Part 5 Development and uses in existing urban development areas
			198 Existing UDA development applications
			199 Appeals against existing decisions on UDA development applications
			200 Ministerial call in for existing decisions on UDA development applications not started at the commencement
			201 Ministerial call in for existing decisions on UDA development applications started but not finished at the commencement
			202 Existing UDA development approvals
			203 Existing applications to extend currency period
			204 Plans of subdivision requiring former ULDA’s approval
			205 Special provision for Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012
		Part 6 Proceedings and related matters
			206 Starting proceeding for enforcement order for offence committed before the commencement
			207 Existing proceeding for enforcement order
			208 Existing enforcement order
			209 Proceedings for offence committed before commencement
			210 Existing Magistrates Court order
			211 MEDQ’s power to recover cost of works to remedy stated public nuisance
			212 Existing proceedings for declaration
		Part 7 Other transitional provisions
			213 Existing directions to government entity or local government to accept transfer
			214 Existing directions to government entity or local government to provide or maintain infrastructure
		Part 8 Repeals
			216 Repeals
	Chapter 7 Other transitional provisions
		Part 1 Transitional provisions for Queen’s Wharf Brisbane Act 2016
			217 Definition for part
			218 Application of amendments about PDA-associated development
			219 Application of amended s 103
		Part 2 Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016
			220 Definitions for part
			221 Existing SPA development application made before priority development area declared
			222 Existing PDA development application for PDA-associated development
			223 Unfinished compliance assessment for plan of subdivision
			224 Existing PDA development approval
	Schedule 1 Dictionary
                        
Document Text Contents
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Queensland

Economic Development Act
2012

Current as at 3 July 2017—revised version
Reprint note
An amendment to section 45 was not correctly incorporated into an earlier
version of this reprint—see 2016 Act No. 27, section 174(2).

This version was corrected on 2 July 2018.

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© State of Queensland 2018

This work is licensed under a Creative Commons Attribution 4.0 International License.

https://www.legislation.qld.gov.au/copyright

Page 84

[s 109]

Economic Development Act 2012
Chapter 3 Planning and development
(2) Without limiting the Planning and Environment Court’s
powers, it may make an enforcement order requiring—

(a) the repairing, demolition or removal of a building; or

(b) for a PDA development offence relating to the clearing
of vegetation on freehold land—

(i) rehabilitation or restoration of the area cleared; or

(ii) if the area cleared is not capable of being
rehabilitated or restored—the planting and
nurturing of stated vegetation on a stated area of
equivalent size.

(3) An enforcement order must state the time by which it must be
complied with.

(4) An enforcement order may—

(a) be in terms the court considers appropriate to secure
compliance with this Act; and

(b) state that contravention of the order is a public nuisance.

(5) In this section—

clearing, of vegetation—

(a) means removing, cutting down, ringbarking, pushing
over, poisoning or destroying it in any way, including by
burning, flooding or draining; but

(b) does not include lopping a tree or the destruction of
standing vegetation by stock.

109 Powers about enforcement orders

(1) The Planning and Environment Court’s power to make an
enforcement order to stop, or not to start, an activity may be
exercised—

(a) whether or not it appears to the court that the person
against whom the order is made (the relevant person)
intends to engage again, or to continue to engage again,
in the activity; and
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[s 110]

Economic Development Act 2012
Chapter 3 Planning and development
(b) whether or not the relevant person has previously
engaged in an activity of the same type; and

(c) whether or not there is danger of substantial damage to
property or the environment or injury to another person
if the relevant person engages, or continues to engage, in
the activity.

(2) The court’s power to make an enforcement order to do
anything may be exercised—

(a) whether or not it appears to the court that the person
against whom the order is made (also the relevant
person) intends to fail, or to continue to fail, to do the
thing; and

(b) whether or not the relevant person has previously failed
to do a thing of the same type; and

(c) whether or not there is danger of substantial damage to
property or the environment or injury to another person
if the relevant person fails, or continues to fail, to do the
thing.

(3) The court may cancel or change an enforcement order on the
application of MEDQ or the person against whom the order is
made.

(4) The court’s powers under this section are in addition to, and
do not limit, its other powers.
Note—

For costs, see the Planning and Environment Court Act 2016, part 6.

(5) In this section—

environment see the Environmental Protection Act 1994,
section 8.

110 Offence to contravene enforcement order

A person against whom an enforcement order has been made
must comply with the order.
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Schedule 1

Economic Development Act 2012
road means—

(a) an area of land dedicated to public use as a road; or

(b) an area that is open to or used by the public and is
developed for, or has as 1 of its main uses, the driving or
riding of motor vehicles; or

(c) a bridge, culvert, ferry, ford, tunnel or viaduct; or

(d) a pedestrian or bicycle path; or

(e) a part of an area, bridge, culvert, ferry, ford, tunnel,
viaduct or path mentioned in any of paragraphs (a) to
(d).

serious environmental harm see the Environmental
Protection Act 1994, section 17.

special rate or charge means a special rate or charge levied
under section 115.

structure means anything built or constructed, whether or not
attached to land.

submission means a written submission.

submission period—

(a) for a proposed instrument for a planning instrument
change under chapter 3, part 2, division 3, subdivision
2—see section 42E(2)(b)(ii); or

(b) for a proposed development scheme—see
section 59(1)(b)(ii); or

(c) for a PDA development application—see
section 84(4)(d).

superseding public sector entity, for land, means the public
sector entity that will have responsibility for the infrastructure
on the land after the land ceases to be in, or to be
PDA-associated land for, a priority development area.

transitioned UDA, for chapter 6, see section 177.

use, of premises, includes any ancillary use of the premises.

work, without reference to a specific type of work, means—
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Schedule 1

Economic Development Act 2012
(a) building work; or

(b) operational work; or

(c) plumbing work or drainage work.
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