Download Economic Development and Other Legislation Amendment Bill 2018 PDF

TitleEconomic Development and Other Legislation Amendment Bill 2018
LanguageEnglish
File Size1.6 MB
Total Pages224
Table of Contents
                            Contents
	Part 1 Preliminary
		1 Short title
		2 Commencement
	Part 2 Amendment of Biosecurity Act 2014
		3 Act amended
		4 Amendment of s 9 (Relationship with particular Acts)
	Part 3 Amendment of Building Act 1975
		5 Act amended
		6 Amendment of s 25 (General requirements for supporting documents)
		7 Amendment of s 83 (General restrictions on granting building development approval)
		8 Amendment of s 84 (Approval must not be inconsistent with particular earlier approvals or accepted development)
		9 Insertion of new ch 11, pt 20
		10 Amendment of sch 2 (Dictionary)
	Part 4 Amendment of Building Queensland Act 2015
		11 Act amended
		12 Amendment of s 14 (Preparation of business cases for infrastructure proposals)
		13 Amendment of s 15 (Preparation of infrastructure pipeline document)
		14 Amendment of s 25 (Membership of board)
	Part 5 Amendment of Coastal Protection and Management Act 1995
		15 Act amended
		16 Amendment of s 123 (Right to occupy and use land on which particular tidal works were, or are to be, carried out)
	Part 6 Amendment of Economic Development Act 2012
		Division 1 Preliminary
			17 Act amended
		Division 2 Amendments commencing on assent
			18 Insertion of new s 19A
			19 Amendment of s 33 (Development and its types)
			20 Amendment of ch 3, pt 2, div 1, hdg (Declaration of provisional priority development areas and provisional land use plans)
			21 Insertion of new ch 3, pt 2, div 1, sdiv 1, hdg
			22 Amendment of s 34 (Declaration)
			23 Replacement of ss 35 and 36
			24 Insertion of new ch 3, pt 2, div 1, sdiv 2
			25 Amendment of s 37 (Declaration)
			26 Replacement of ss 38–40
			27 Amendment of s 40C (Declaration of PDA-associated development)
			28 Insertion of new ch 3, pt 2, div 2B
			29 Amendment of s 41 (Cessation of provisional priority development area)
			30 Amendment of s 42 (Revocation or reduction of priority development area)
			31 Amendment of s 42C (Approval of proposed planning instrument change by MEDQ)
			32 Amendment of s 42E (Public notification)
			33 Amendment of s 42J (Approval of planning instrument change)
			34 Amendment of s 42K (Effect of planning instrument change)
			35 Amendment of s 42L (Notice of planning instrument change)
			36 Amendment of s 42M (Implied and uncommenced rights to use premises protected)
			37 Insertion of new s 43A
			38 Amendment of s 47 (Designation of premises for development of infrastructure under Planning Act)
			39 Replacement of ch 3, pt 2, div 4, sdiv 2 (Effect of cessation of priority development areas)
			40 Insertion of new ch 3, pt 2, div 4A
			41 Amendment of s 53 (Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009)
			42 Amendment of s 54 (By-laws)
			43 Replacement of s 56 (Development scheme required)
			44 Amendment of s 57 (Content of development scheme)
			45 Amendment of s 58 (Preparation of proposed development scheme)
			46 Amendment of s 59 (Public notification)
			47 Amendment of s 63 (Making of scheme)
			48 Replacement of s 64 (When proposed scheme takes effect)
			49 Amendment of s 65 (Notice of development scheme)
			50 Amendment of s 67 (Power to amend to change land use plan)
			51 Replacement of ss 68 and 69
			52 Omission of s 70 (Tabling and inspection requirement)
			53 Amendment of s 71 (Development scheme prevails over particular instruments)
			54 Omission of s 74 (Compliance with requirements for carrying out PDA self-assessable development)
			55 Amendment of s 85 (Deciding application generally)
			56 Amendment of s 87 (Matters to be considered in making decision)
			57 Amendment of s 88 (PDA development conditions)
			58 Amendment of s 99 (Application to change PDA development approval)
			59 Amendment of s 108 (Effect of enforcement order)
			60 Amendment of s 116E (Making and levying of charge by superseding public sector entity)
			61 Amendment of s 119 (Exercise of discretion unaffected by infrastructure agreements)
			62 Replacement of s 120 (Infrastructure agreements prevail if inconsistent with PDA development approval)
			63 Amendment of s 121 (Infrastructure agreement continues beyond cessation of priority development area)
			64 Amendment of s 122 (Consultation with public sector entities before entering into particular infrastructure agreements)
			65 Omission of ch 4, pt 2 (Commonwealth Games Infrastructure Authority)
			66 Amendment of s 164 (Liability of executive officer for particular offences committed by corporation)
			67 Insertion of new ch 5, pt 3A
			68 Amendment of s 172 (Registers)
			69 Amendment of s 176 (Regulation-making power)
			70 Insertion of new ch 7, pt 3
			71 Amendment of sch 1 (Dictionary)
		Division 3 Amendments commencing by proclamation
			72 Amendment of s 30 (Issue of identity card for particular employees and agents)
			73 Amendment of s 31 (Production or display of identity card)
			74 Amendment of s 32 (Return of identity card)
			75 Insertion of new s 50A
			76 Insertion of new ch 3, pt 2, div 4B
			77 Amendment of s 53 (Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009)
			78 Insertion of new ch 3, pt 4, div 1AA
			79 Amendment of s 73 (Carrying out PDA assessable development without PDA development permit)
			80 Amendment of s 75 (Compliance with PDA development approval)
			81 Amendment of s 76 (Offence about use of premises)
			82 Amendment of s 82 (How to make application)
			83 Insertion of new s 82A
			84 Insertion of new s 82B
			85 Amendment of s 83 (Information requests to applicant)
			86 Insertion of new ss 83A and 83B
			87 Amendment of s 84 (Notice of application)
			88 Insertion of new ss 84A–84F
			89 Amendment of s 85 (Deciding application generally)
			90 Amendment of s 93 (Withdrawing application)
			91 Amendment of s 98 (Cancellation)
			92 Amendment of s 99 (Application to change PDA development approval)
			93 Replacement of s 103 (Restriction on particular land covenants)
			94 Replacement of ch 3, pt 5, hdg (Court orders for PDA development offences etc.)
			95 Insertion of new ch 3, pt 5, div 1AA
			96 Amendment of s 108 (Effect of enforcement order)
			97 Amendment of s 110 (Offence to contravene enforcement order)
			98 Amendment of s 111 (Orders Magistrates Court may make in PDA offence proceeding)
			99 Amendment of s 112 (Offence to contravene Magistrates Court order)
			100 Insertion of new ss 112A and 112B
			101 Replacement of s 113 (MEDQ’s power to remedy stated public nuisance)
			102 Insertion of new ss 122A and 122B
			103 Amendment of s 123 (Application of local government entry powers for MEDQ’s functions or powers)
			104 Insertion of new s 129A
			105 Replacement of s 166 (Proceedings for offences)
			106 Amendment of s 172 (Registers)
			107 Insertion of new ch 7, pt 3, div 3
			108 Amendment of sch 1 (Dictionary)
	Part 7 Amendment of Environmental Protection Act 1994
		Division 1 Preliminary
			109 Act amended
		Division 2 Amendments commencing on assent
			110 Amendment of sch 1 (Exclusions relating to environmental nuisance or environmental harm)
		Division 3 Amendments commencing by proclamation
			111 Amendment of sch 1 (Exclusions relating to environmental nuisance or environmental harm)
	Part 8 Amendment of Exhibited Animals Act 2015
		112 Act amended
		113 Amendment of s 58 (General criteria for decision)
		114 Amendment of ch 9, hdg (Transitional provisions)
		115 Insertion of new ch 10
	Part 9 Amendment of Housing Act 2003
		116 Act amended
		117 Amendment of s 94F (Definitions for div 2B)
		118 Amendment of s 94H (Transfer of public housing premises)
	Part 10 Amendment of Land Valuation Act 2010
		119 Act amended
		120 Amendment of s 10 (Zoned rural land)
		121 Amendment of s 33 (Land subject to particular rights)
		122 Amendment of schedule (Dictionary)
	Part 11 Amendment of Liquor Act 1992
		123 Act amended
		124 Amendment of s 4 (Definitions)
		125 Amendment of s 105B (Application for adult entertainment permit requires local government consent)
		126 Amendment of s 117 (Advice about application etc.)
		127 Amendment of s 117A (Comments about particular applications)
		128 Amendment of s 121 (Matters the commissioner must have regard to)
		129 Amendment of s 123 (Commissioner may grant provisional licence)
		130 Insertion of new pt 12, div 20
	Part 12 Amendment of Neighbourhood Disputes (Dividing Fences and Trees) Act 2011
		131 Act amended
		132 Amendment of s 67 (Scope of order to override other laws)
		133 Amendment of ch 5, hdg (Transitional provisions)
		134 Insertion of new ch 7
		135 Amendment of schedule (Dictionary)
	Part 13 Amendment of Planning Act 2016
		136 Act amended
		137 Amendment of s 16 (Contents of local planning instruments)
		138 Amendment of s 26 (Power of Minister to direct action be taken)
		139 Amendment of s 29 (Request to apply superseded planning scheme)
		140 Insertion of new s 29A
		141 Amendment of s 30 (When this division applies)
		142 Amendment of s 37 (Process for making or amending designation)
		143 Insertion of new s 42A
		144 Amendment of s 45 (Categories of assessment)
		145 Amendment of s 48 (Who is the assessment manager)
		146 Amendment of s 54 (Copy of application to referral agency)
		147 Amendment of s 55 (Referral agency’s assessment)
		148 Amendment of s 60 (Deciding development applications)
		149 Amendment of s 63 (Notice of decision)
		150 Amendment of s 65 (Permitted development conditions)
		151 Amendment of s 66 (Prohibited development conditions)
		152 Amendment of s 71 (When development approval has effect)
		153 Amendment of s 78 (Making change application)
		154 Insertion of new s 78A
		155 Amendment of s 80 (Notifying affected entities of minor change application)
		156 Amendment of s 81 (Assessing and deciding application for minor changes)
		157 Insertion of new ss 81A and 81B
		158 Amendment of s 82 (Assessing and deciding application for other changes)
		159 Insertion of new s 82A
		160 Amendment of s 84 (Cancellation applications)
		161 Amendment of s 85 (Lapsing of approval at end of currency period)
		162 Amendment of s 86 (Extension applications)
		163 Amendment of s 87 (Assessing and deciding extension applications)
		164 Amendment of s 119 (When charge may be levied and recovered)
		165 Amendment of s 121 (Requirements for infrastructure charges notice)
		166 Amendment of s 139 (Application to convert infrastructure to trunk infrastructure)
		167 Amendment of s 140 (Deciding conversion application)
		168 Amendment of s 157 (Infrastructure agreement applies instead of approval and charges notice)
		169 Amendment of ch 5, pt 4, hdg (Offence proceedings in Magistrates Court)
		170 Insertion of new s 173A
		171 Amendment of s 174 (Proceedings for offences)
		172 Amendment of s 230 (Notice of appeal)
		173 Amendment of s 231, hdg (Other appeals)
		174 Insertion of new ch 7, pt 4A
		175 Omission of s 279 (Electronic service)
		176 Amendment of s 280 (References in Act to particular terms)
		177 Amendment of ch 8, hdg (Repeal and transitional provisions)
		178 Amendment of s 288 (Applications generally)
		179 Amendment of s 299 (Development approvals and compliance permits)
		180 Amendment of s 311 (Proceedings generally)
		181 Amendment of s 312 (Particular proceedings)
		182 Insertion of new ch 8, pt 5
		183 Amendment of sch 2 (Dictionary)
	Part 14 Amendment of Planning and Environment Court Act 2016
		Division 1 Preliminary
			184 Act amended
		Division 2 Amendments commencing on assent
			185 Amendment of s 11 (General declaratory jurisdiction)
			186 Amendment of pt 10, hdg (Savings and transitional provisions)
			187 Insertion of new pt 10, div 1, hdg
			188 Amendment of s 74 (Definitions for part)
			189 Amendment of s 76 (Proceedings)
			190 Insertion of new pt 10, div 2
		Division 3 Amendments commencing by proclamation
			191 Amendment of s 16 (ADR process)
			192 Amendment of s 18 (Resolution agreement)
			193 Amendment of s 19 (Documents to be filed)
			194 Amendment of s 20 (Orders giving effect to resolution agreement)
			195 Amendment of s 21 (Preservation of confidentiality)
			196 Amendment of s 44 (Privileges, protection and immunity)
			197 Amendment of sch 1 (Dictionary)
	Part 15 Amendment of Queensland Reconstruction Authority Act 2011
		198 Act amended
		199 Amendment of long title
		200 Amendment of s 2 (Main purpose of Act)
		201 Amendment of s 3 (How main purpose is primarily achieved)
		202 Omission of s 6 (Meaning of disaster event)
		203 Amendment of s 10 (Authority’s functions)
		204 Amendment of s 30 (Membership of board)
		205 Amendment of s 35 (Time and place of meetings)
		206 Amendment of s 41 (Reporting by the board and chairperson)
		207 Amendment of s 42 (Declaration of declared project)
		208 Amendment of s 43 (Declaration of reconstruction area)
		209 Amendment of s 51 (Step-in notice)
		210 Amendment of s 63 (Content of development scheme)
		211 Amendment of s 92 (Minister’s power to amend development approval)
		212 Amendment of s 96 (Direction for authority to undertake works)
		213 Amendment of s 98 (Application of State Development Act for works on foreshore or under waters)
		214 Amendment of s 99 (Authority’s power to take land)
		215 Amendment of schedule (Dictionary)
	Part 16 Amendment of Sanctuary Cove Resort Act 1985
		216 Act amended
		217 Amendment of s 4A (Meaning of approved use for a zone)
		218 Amendment of s 9 (Town planning provisions)
		219 Amendment of s 12E (Town planning provisions)
		220 Amendment of s 12I (Amendment applications)
		221 Amendment of s 12O (Approval of change of use for zone)
		222 Amendment of sch 1 (Names of and uses for zones)
		223 Amendment of sch 9 (Dictionary)
	Part 17 Amendment of South Bank Corporation Act 1989
		224 Act amended
		225 Amendment of s 4 (Meaning of assessable development)
	Part 18 Amendment of South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
		226 Act amended
		227 Amendment of s 99BRCI (When charge may be levied and recovered)
		228 Amendment of s 99BRDE (Application to convert infrastructure to trunk infrastructure)
		229 Amendment of s 99BRDO (Water infrastructure agreement prevails over water approval and infrastructure charges notice)
	Part 19 Repeal
		230 Repeal
	Part 20 Minor and consequential amendments
		231 Legislation amended
	Schedule 1 Legislation amended
		Part 1 Amendments commencing on assent
		Part 2 Amendments commencing by proclamation
                        
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Queensland

Economic Development and
Other Legislation Amendment
Bill 2018

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[s 76]

Economic Development and Other Legislation Amendment Bill 2018
Part 6 Amendment of Economic Development Act 2012



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Clause 13

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(7) If the plan has not been given to MEDQ before the
cessation, the statement mentioned in subsection
(5) is taken to be a statement under the Planning
Act, section 46(9)(c) of the period within which a
plan mentioned in that section must be given to
the local government for the local government
area to which the exemption certificate relates.

(8) The chief executive of the department responsible
for administering the Planning Act must publish
on that department’s website a copy of MEDQ’s
notice about the PDA exemption certificate
published under section 71B(3).

76 Insertion of new ch 3, pt 2, div 4B

Chapter 3, part 2—

insert—

Division 4B Public thoroughfare
easements

51AV Registration of public thoroughfare
easement under Land Title Act 1994

(1) This section applies in relation to an instrument of
easement—

(a) over freehold land that is in a priority
development area or is PDA-associated land
for a priority development area; and

(b) for a right of way for the public; and

(c) in favour of a local government.

(2) The Land Title Act 1994, section 89(6) does not
apply in relation to the registration under that Act
of the instrument of easement.

(3) If the instrument of easement may, but for
subsection (2), be refused registration under the
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[s 77]

Economic Development and Other Legislation Amendment Bill 2018
Part 6 Amendment of Economic Development Act 2012

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Clause 22
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Clause 27

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Land Title Act 1994, section 89(6)—

(a) the easement created on registration of the
instrument is taken to be a public
thoroughfare easement under that Act; and

(b) section 89(4) of that Act does not apply to
the easement.

51AW Non-application of particular provisions to
land subject to particular public thoroughfare
easements

The provisions of the City of Brisbane Act 2010,
or the Local Government Act 2009, about land
subject to a public thoroughfare easement do not
apply in relation to freehold land that—

(a) is in a priority development area or is
PDA-associated land for a priority
development area; and

(b) is subject to a public thoroughfare easement
registered under the Land Title Act 1994,
section 89, including because of the
operation of section 51AV of this Act, in
favour of a local government.

77 Amendment of s 53 (Relationship with the City of
Brisbane Act 2010 or the Local Government Act 2009)

Section 53(4), ‘section 54’—

omit, insert—

sections 51AW and 54

78 Insertion of new ch 3, pt 4, div 1AA

Chapter 3, part 4, before division 1—

insert—

Division 1AA PDA exemption certificates
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Schedule 1

Economic Development and Other Legislation Amendment Bill 2018



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land subject to particular public thoroughfare
easements.

Dispute Resolution Centres Act 1990

1 Section 2(1), definition referring order—

insert—

(c) the Planning and Environment Court under
the Planning and Environment Court Act
2016.

Economic Development Act 2012

1 Section 167, heading, ‘summary’—

omit.

2 Section 167, ‘a summary offence’—

omit, insert—

an offence

Land Title Act 1994

1 Section 89—

insert—
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Schedule 1

Economic Development and Other Legislation Amendment Bill 2018



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Note—

See also the Economic Development Act 2012, section
51AV and the Queen’s Wharf Brisbane Act 2016,
section 58 in relation to the registration of public
thoroughfare easements.

Local Government Regulation 2012

1 Section 63—

insert—

Note—

See the Economic Development Act 2012, section 51AW
in relation to the non-application of this provision to
land subject to particular public thoroughfare
easements.

Neighbourhood Disputes (Dividing Fences and Trees)
Act 2011

1 Section 37(4), ‘subsection (4)’—

omit, insert—

subsection (3)

2 Chapter 6, heading, from ‘and amendment’—

omit.

3 Chapter 6, part 1, heading—

omit.

© State of Queensland 2018
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