An Act to amend the Planning Act 2016 and the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Planning and Other Legislation (Make Developers Pay) Amendment Act 2023.
Part 2 Amendment of Planning Act 2016
This part amends the Planning Act 2016.
3Amendment of s 112 (Regulation prescribing charges)
(1)Section 112(1), from ‘charge—’—
omit, insert—charge under the SEQ Water Act in relation to providing truck infrastructure.
(2)Section 112(2) and (4)—
omit.
4Amendment of s 114 (Contents—general)
(1)Section 114(1), from ‘charge is—’—
omit, insert—charge is prescribed by regulation for the development.
(2)Section 114(5)—
omit, insert—(5)However, an automatic increase must not be more than the increase worked out using the PPI, adjusted according to the 3-yearly average, for the period—(a)starting on the day the levied charge is levied; and(b)ending on the day the charge is paid.
5Amendment of s 115 (Provisions for participating local governments and distributor-retailers)
Section 115(5)—
omit, insert—(5)However, if the local government is a party to a breakup agreement, the adopted charges must not be more than the proportion of the adopted charges the local government may have under the breakup agreement.
6Amendment of sch 2 (Dictionary)
(1)Schedule 2, definition maximum adopted charge—
omit.(2)Schedule 2, definition charges breakup, ‘maximum’—
omit.
Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring) Act 2009
This part amends the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.
8Amendment of s 99BRCG (Matters for board decision)
Section 99BRCG(1)(b)—
omit, insert—(b)the charge is no more than—(i)if the distributor-retailer is a party to a breakup agreement—the proportion of the adopted charges for trunk infrastructure the distributor-retailer may have under the breakup agreement; or(ii)if the distributor-retailer is not a party to a breakup agreement—the maximum adopted charge for trunk infrastructure the distributor-retailer may have under a regulation under the Planning Act.