Economic Development Act 2012

An Act about economic development and development for community purposes

Long title amd 2012 No. 43s 218

1Short title

This Act may be cited as the Economic Development Act 2012.

2Commencement

This Act, other than the following provisions, commences on a day to be fixed by proclamation—

(a)chapter 8, parts 1 to 4;

(b)the following provisions of chapter 8, part 6—

(i)sections 284, 285, 293, 295 to 299, 302, 306, 307, 311, 315, 316 and 318;

(ii)section 319, to the extent it inserts section 192;

(c)chapter 8, parts 7 and 8;

(d)the following provisions of schedule 2—

(i)amendment of the Disaster Management Act 2003;

(ii)amendment of the Environmental Protection Act 1994;

(iii)amendment of the State Development and Public Works Organisation Act 1971, amendments 1 to 8, 14 to 18 and 24 to 30.

3Main purpose of Act

The main purpose of this Act is to facilitate economic development, and development for community purposes, in the State.

4How main purpose is primarily achieved

The main purpose of this Act is achieved primarily by—

(a)establishing MEDQ to plan, carry out, promote or coordinate activities to facilitate economic development, and development for community purposes, in the State; and

(b)providing for a streamlined planning and development framework for particular parts of the State (declared as priority development areas under this Act) to facilitate economic development, and development for community purposes, in or for the parts.

s 4 amd 2016 No. 17s 88

5Act 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)Nothing in this Act makes the State liable to be prosecuted for an offence.

6Definitions

The dictionary in schedule 1 defines particular words used in this Act.

s 6 amd 2012 No. 43s 219

7Application of provisions

(1)This section applies if a provision of this Act applies to any of the following (the applied law) for a purpose—

(a)another provision of this Act;

(b)another law;

(c)a provision of another law.

(2)The applied law and any definition relevant to it apply with necessary changes.

(3)Subsection (2) is not limited merely because a provision states how the applied law is to apply.

8Establishment of Minister for Economic Development Queensland

(1)A corporation sole constituted by the Minister is established under the name Minister for Economic Development Queensland (MEDQ).

(2)The corporation as established under that name—

(a)has perpetual succession and a seal; and

(b)may sue and be sued in its corporate name.

9MEDQ represents the State

(1)MEDQ represents the State.

(2)Without limiting subsection (1), MEDQ has all the State’s privileges and powers.

10Legal capacity

(1)MEDQ has all the powers of an individual and may, for example—

(a)enter into contracts, infrastructure agreements and other agreements; and

(b)deal in land or other property; and

(c)appoint agents and attorneys; and

(d)engage consultants; and

(e)establish funds and accounts with any financial institution in Australia; and

(f)fix charges, and other terms, for the performance of a function, or exercise of a power, under this Act; and

(g)do anything necessary or convenient to be done in the performance of its functions, or exercise of its powers, under this or another Act.

(2)MEDQ also has the powers conferred on it by this or another Act.

(3)In performing its functions, MEDQ may act alone or in conjunction with public sector units, local governments, agencies or instrumentalities of the Commonwealth and other persons.

11Application of other Acts

(1)MEDQ is a part of the department for the purposes of the Financial Accountability Act 2009.

(2)MEDQ is—

(a)a unit of public administration; and

(b)a statutory body under the Statutory Bodies Financial Arrangements Act 1982.

(3)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which MEDQ’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.

12MEDQ declared to be excluded matter

MEDQ is declared to be an excluded matter for the Corporations Act, section 5F, in relation to all of the Corporations legislation.

13MEDQ’s functions

(1)MEDQ’s main function is to give effect to the main purpose of this Act.

(2)MEDQ’s other functions, for facilitating economic development and development for community purposes, include—

(a)dealing in land or other property; and

(b)coordinating the provision of, or providing, infrastructure and other services; and

(c)planning for, and developing and managing land in or for, priority development areas; and

(d)deciding PDA development applications under this Act.

(3)In planning for, or developing land in, priority development areas, MEDQ must consult with each relevant local government.

Note—

See also section 58 in relation to MEDQ consulting with relevant local governments when preparing a development scheme for a priority development area.

s 13 amd 2016 No. 17s 89

14Purpose of pt 3

(1)This part provides for particular powers and other matters for achieving MEDQ’s functions mentioned in section 13(2)(a) and (b).

(2)This part does not limit MEDQ’s powers under this or another Act.

15MEDQ to act commercially

MEDQ must, to the extent practicable, carry out its functions mentioned in section 13(2)(a) and (b) on a commercial basis.

16What power to deal in land or other property includes

(1)For this Act, MEDQ’s power to deal in land or other property includes a power to deal in—

(a)land or other property; or

(b)an interest in land or other property.

(2)Also, for this Act, MEDQ’s power to deal in land includes a power to deal in land and improvements on land.

17Dealing in land or other property generally

Without limiting section 13(2)(a), MEDQ may—

(a)acquire land or other property for proposed development; or

(b)develop land, including by providing or contributing to the provision of infrastructure on the land, to facilitate the use of the land for economic development or development for community purposes; or

(c)dispose of, lease, license the use or occupation of, or sublease land or other property held by MEDQ to another entity for development by the entity.

18Selling surplus property

(1)This section applies if MEDQ holds land or other property (surplus property) that it does not require, or no longer requires, for carrying out its functions under this Act.

(2)MEDQ may sell the surplus property at its market value—

(a)by public tender or auction; or

(b)by private treaty; or

(c)to a Commonwealth or State entity, or a local government, in priority to all other entities; or

(d)in any other way prescribed under a regulation.

(3)In this section—

Commonwealth or State entity means—

(a)a department of the Government of the Commonwealth or the State; or

(b)a statutory body constituted under an Act of the Commonwealth or the State.

19Conditional disposal of land or other property

(1)MEDQ may impose a condition or restriction on the disposal of land or other property to an entity (a transferee) by MEDQ.

(2)Without limiting subsection (1), MEDQ and a transferee may agree that the transferee—

(a)must make stated improvements to the land or property; or

(b)must undertake a stated activity, within a stated period, in relation to the land or property; or

(c)is subject to stated restrictions on the transfer of or dealing with the land or property.

(3)An agreement under subsection (2) may provide for remedies against, and the power to impose sanctions on, the transferee relating to the agreement.

19A Exemption from particular disclosure requirements under Body Corporate and Community Management Act 1997

(1)This section applies if—

(a)MEDQ enters into a contract (the initial contract) with another entity in relation to the development of land owned by MEDQ; and

(b)under the initial contract—

(i)the land is proposed to become scheme land under the Body Corporate and Community Management Act 1997 on the establishment of a community titles scheme under that Act (the proposed scheme); and

(ii)the other entity is to carry out development of the land or part of the land; and

(c)the initial contract provides for MEDQ and the other entity to enter into a further contract for the sale by MEDQ to the entity of lots or proposed lots included in the proposed scheme if, by a date provided for under the initial contract, MEDQ has not sold the lots or proposed lots to another entity.

(2)A reference in subsection (1)(c) to a further contract includes a reference to a contract required under a provision of the initial contract granting MEDQ an option to sell the lots or proposed lots to the other entity.

(3)The Body Corporate and Community Management Act 1997, sections 212B and 213 do not apply in relation to the initial contract.

(4)In this section—

development see section 33(2).

lot see the Body Corporate and Community Management Act 1997, schedule 6.

proposed lot see the Body Corporate and Community Management Act 1997, section 211A.

s 19A ins 2019 No. 11s 18

20Construction of roads

(1)MEDQ may construct a road for achieving its functions mentioned in section 13(2)(a) and (b).

(2)The Governor in Council may, by gazette notice, fix a day (the fixed day) on and after which the Local Government Act 2009 or the City of Brisbane Act 2010 (the relevant Act) applies to the road.

(3)Until the fixed day—

(a)the relevant Act does not apply to the road; and

(b)MEDQ incurs a duty, obligation, liability or responsibility in relation to an act done or omission made in relation to the road if, and to the extent, a local government would incur the duty, obligation, liability or responsibility if the act had been done or omission had been made by the local government.

(4)On and after the fixed day—

(a)the relevant Act applies to the road as if the road had been constructed by the local government for the area in which the road is located; and

(b)MEDQ does not have any duty, obligation, liability or responsibility in relation to the road.

21Entering into financial arrangements

(1)MEDQ may—

(a)lend money, or enter into other financial arrangements, as part of a dealing in land or other property, including, for example, by providing finance to a purchaser; and

(b)enter into instalment contracts or other deferred payment arrangements as a creditor.

Example—

MEDQ might construct a research facility for an entity and recover the costs of its construction by a lease of the facility to the entity.

(2)MEDQ may exercise a power under subsection (1) only if MEDQ has considered a matter prescribed under a regulation about the exercise of the power.

(3)MEDQ may take any form of security or charge over land or other property if MEDQ considers it appropriate for doing a thing under subsection (1).

22Holding land or other property obtained as security

(1)This section applies if MEDQ acquires or otherwise becomes entitled to land or other property as security for, or in satisfaction, liquidation or discharge of, a debt owing to MEDQ.

(2)MEDQ may hold the land or property until it can be advantageously disposed of.

23Arrangements for facilitating economic development or development for community purposes

(1)To help a person establish and carry on, or expand, an economic or community undertaking, MEDQ may enter into arrangements to facilitate the grant of an appropriate lease under the Land Act 1994 to the person for the undertaking.

(2)In this section—

economic or community undertaking means an undertaking that facilitates or supports economic development or development for community purposes.

24Research

MEDQ may contribute to, or undertake, research about land or other property or infrastructure to give effect to the main purpose of this Act, including, for example, research directed at identifying—

(a)recent market trends that may affect economic development, or development for community purposes, in the State; or

(b)opportunities for economic development, or development for community purposes, in the State; or

(c)community needs and expectations.

25Economic Development Fund

(1)The Estates Construction Fund under the repealed ID Act is continued in existence under this Act and renamed as the Economic Development Fund (the Fund).

(2)The Fund does not form part of the consolidated fund.

26Payments of amounts into the Fund

(1)The following amounts are payable into the Fund—

(a)amounts received by MEDQ for a dealing in land or other property under this Act;

(b)amounts received by MEDQ for a borrowing under the Statutory Bodies Financial Arrangements Act 1982, part 5;

(c)amounts received by MEDQ for an investment under the Statutory Bodies Financial Arrangements Act 1982, part 6;

(d)fees received by MEDQ for applications under chapter 3;

(e)special rates and charges received by MEDQ;

(f)infrastructure expenses recoupment charges received by MEDQ;

(g)any other amounts received by MEDQ in carrying out its functions or exercising its powers under this Act, including, for example, interest received in relation to—

(i)a fund or bank account kept under this Act; or

(ii)a financial arrangement under section 21;

(h)any amount appropriated by Parliament for the purposes of the Fund;

(i)any amount paid into the Fund at the direction of or with the approval of the Minister and the Treasurer.

(2)Subsection (3) applies if—

(a)MEDQ delegates a function or power under section 169; and

(b)for performing the function or exercising the power, the delegate receives an amount that, other than for subsection (3), would be payable into the Fund under subsection (1)(d), (e), (f) or (g); and

(c)the delegation provides that the delegate may retain all or part of the received amount.

(3)Despite subsection (1), the amount that, under the delegation, may be retained is not payable into the Fund.

s 26 amd 2014 No. 40s 4

27Payment of amounts from the Fund

A payment of an amount from the Fund may be made for any of the following purposes—

(a)paying expenses incurred by MEDQ for—

(i)a dealing in land or other property under this Act; or

(ii)the provision of infrastructure or other services under this Act; or

(iii)the administration or enforcement of this Act; or

(iv)performing another function, or exercising another power, under this Act;

(b)paying fees or expenses related to administering the Fund or a fund or bank account kept under this Act;

(c)transferring an amount to a local government under section 127(1)(b);

(d)paying an amount the Minister and the Treasurer direct MEDQ, in writing, to pay into the consolidated fund.

28Administration of the Fund

(1)The Fund is to be administered by MEDQ.

(2)Accounts for the Fund must be kept as part of the departmental accounts of the department.

(3)However, amounts received for the Fund must be deposited in a departmental financial institution account of the department used only for amounts received for the Fund.

(4)In this section—

departmental accounts, of a department, means the accounts of the department kept under the Financial Accountability Act 2009, section 69.

departmental financial institution account, of a department, means an account of the department kept under the Financial Accountability Act 2009, section 83.

29Staffing arrangements

(1)MEDQ may arrange with the chief executive for the services of officers or employees of the department to be made available to MEDQ.

(2)An officer or employee whose services are made available under subsection (1)—

(a)continues to be an officer or employee of the department; and

(b)continues to be employed or otherwise engaged by the department on the same terms and conditions applying to the officer or employee before his or her services were made available; and

(c)is, for the period the services are made available and for the carrying out of MEDQ’s functions, taken to be a member of the staff of MEDQ.

30Issue of identity card for particular employees and agents

(1)MEDQ must issue an identity card to each individual whom MEDQ authorises to enter premises under section 123.

Note—

Section 123 provides for the application of local government entry powers for MEDQ’s functions and powers.

(2)The identity card must—

(a)contain a recent photo of the individual; and

(b)contain a copy of the individual’s signature; and

(c)identify the individual as an individual who is authorised by MEDQ; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

Note—

See also section 122B in relation to the issuing, production and return of identity cards under the Planning Act, chapter 5, part 6 as applied under that section.

s 30 amd 2019 No. 11s 72

31Production or display of identity card

(1)In exercising a power under this Act in relation to a person in the person’s presence, the individual must—

(a)produce his or her identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the individual must produce the identity card for the person’s inspection at the first reasonable opportunity.

s 31 amd 2019 No. 11s 73

32Return of identity card

If an individual ceases to be authorised as mentioned in section 30, the individual must return the individual’s identity card to MEDQ within 21 days after ceasing to be so authorised unless the individual has a reasonable excuse.

Maximum penalty—20 penalty units.

s 32 amd 2019 No. 11s 74

33Development and categories of development

(1)This section defines particular terms for this chapter.

(2)Development is any of the following—

(a)carrying out building work;

(b)carrying out plumbing work or drainage work;

(c)carrying out operational work;

(d)reconfiguring a lot;

(e)making a material change of use of premises.

(3)

PDA assessable development is—

(a)development that a regulation provides is PDA assessable development; or

(b)development that a relevant development instrument for a priority development area provides is PDA assessable development, including PDA-associated development identified in the instrument; or

(c)PDA-associated development declared for a priority development area under section 40C(1) and identified by MEDQ under that section to be PDA assessable development.

(4)PDA accepted development is—

(a)development that a regulation provides is PDA accepted development; or

(b)development that a relevant development instrument for a priority development area provides is PDA accepted development, including PDA-associated development identified in the instrument; or

(c)PDA-associated development declared for a priority development area by MEDQ under section 40C(1) and identified by MEDQ under that section to be PDA accepted development; or

(d)development in a priority development area, or PDA-associated development for a priority development area, other than—

(i)development or PDA-associated development mentioned in paragraph (a), (b) or (c); or

(ii)PDA assessable development.

(5)If there is an inconsistency between the categorisation of development under a regulation and a relevant development instrument for a priority development area, the regulation prevails to the extent of the inconsistency.

s 33 amd 2016 No. 17s 90; 2019 No. 11s 19

ch 3 pt 2 div 1 hdg amd 2019 No. 11s 20

ch 3pt 2div 1sdiv 1hdg ins 2019 No. 11s 21

34Declaration

(1)A regulation (a declaration regulation) may declare a part of the State to be a provisional priority development area.

(2)In making a declaration under subsection (1), regard must be had to—

(a)the main purpose of this Act; and

(b)without limiting paragraph (a)—

(i)any proposed development for land in the area; and

(ii)the economic and community benefit to the State that may be gained by the proposed development; and

(iii)the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made.

s 34 amd 2014 No. 40s 5; 2016 No. 27s 168; 2019 No. 11s 22

35Draft provisional land use plan required

(1)This section applies if the Minister proposes to recommend to the Governor in Council the making of a declaration regulation.

(2)MEDQ must make a draft provisional land use plan regulating development in the area proposed to be declared as a provisional priority development area (the proposed area).

(3)The draft provisional land use plan may provide for any matter mentioned in section 57(2), (3) or (5).

(4)The recommendation for the declaration regulation may be made only if MEDQ has made a draft provisional land use plan under subsection (2) for the proposed area.

s 35 amd 2014 No. 40s 6; 2016 No. 17s 91

sub 2019 No. 11s 23

36When draft provisional land use plan has effect

The draft provisional land use plan—

(a)takes effect on the commencement of the declaration regulation; and

(b)has effect until a provisional land use plan takes effect under section 36F for the provisional priority development area.

s 36 sub 2019 No. 11s 23

36A Notice of draft provisional land use plan

As soon as practicable after the draft provisional land use plan takes effect, MEDQ must—

(a)publish the draft provisional land use plan on the department’s website; and

(b)publish a gazette notice stating that the draft provisional land use plan has taken effect and is published on the department’s website; and

(c)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice—

(i)stating that the draft provisional land use plan has taken effect and is published on the department’s website; and

(ii)inviting persons to make submissions, within a stated period of at least 15 business days (the submission period), about the draft provisional land use plan.

s 36A ins 2019 No. 11s 23

36BSubmissions on draft provisional land use plan

Any person may, within the submission period, make a submission about the draft provisional land use plan.

s 36B ins 2019 No. 11s 23

36CConsideration of submissions and consultation

(1)MEDQ must consider any submissions about the draft provisional land use plan received within the submission period.

(2)Subsection (1) does not prevent MEDQ considering a submission made to it after the submission period has ended.

(3)Also, MEDQ must—

(a)consult on the draft provisional land use plan, in the way it considers appropriate, with the relevant local government; and

(b)make reasonable endeavours to consult on the draft provisional land use plan, in the way it considers appropriate, with any government entity, GOC or other entity MEDQ considers will be likely to be affected by the draft provisional land use plan.

s 36C ins 2019 No. 11s 23

36D Amendment of draft provisional land use plan

After complying with section 36C, MEDQ may amend the draft provisional land use plan in any way it considers appropriate.

s 36D ins 2019 No. 11s 23

36E Making of provisional land use plan

(1)After complying with section 36C, but not later than 60 business days after the draft provisional land use plan takes effect, MEDQ must make a provisional land use plan regulating development in the provisional priority development area.

(2)The provisional land use plan may provide for any matter mentioned in section 57(2), (3) or (5).

(3)Also, within the period mentioned in subsection (1), MEDQ must—

(a)prepare a report that—

(i)summarises the submissions considered by MEDQ; and

(ii)contains information about the merits of the submissions and the extent to which the draft provisional land use plan was amended to reflect the submissions; and

(iii)contains details about any other changes made to the draft provisional land use plan; and

(b)publish on the department’s website—

(i)the provisional land use plan; and

(ii)the report prepared under paragraph (a); and

(c)publish a gazette notice stating that the provisional land use plan is published on the department’s website.

s 36E ins 2019 No. 11s 23

36FWhen provisional land use plan takes effect

The provisional land use plan takes effect at the beginning of the day the gazette notice under section 36E(3)(c) is published.

s 36F ins 2019 No. 11s 23

36GMEDQ must give notice of provisional land use plan

As soon as practicable after the provisional land use plan takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the provisional land use plan—

(a)has taken effect; and

(b)is published on the department’s website.

s 36G ins 2019 No. 11s 23

ch 3pt 2div 1sdiv 2hdg ins 2019 No. 11s 24

36HMinor administrative amendments

(1)MEDQ may make a minor administrative amendment of a provisional land use plan.

(2)If MEDQ makes a minor administrative amendment of a provisional land use plan, MEDQ must—

(a)publish on the department’s website—

(i)the minor administrative amendment; and

(ii)the provisional land use plan as amended by the minor administrative amendment (the amended provisional land use plan); and

(b)publish a gazette notice stating that the minor administrative amendment and the amended provisional land use plan are published on the department’s website.

(3)The minor administrative amendment takes effect at the beginning of the day the gazette notice under subsection (2)(b) is published.

(4)As soon as practicable after the minor administrative amendment takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—

(a)the minor administrative amendment has taken effect; and

(b)the minor administrative amendment and the amended provisional land use plan are published on the department’s website.

s 36H ins 2019 No. 11s 24

36I Other amendments

(1)This section applies if MEDQ proposes to make an amendment, other than a minor administrative amendment, of a provisional land use plan.

(2)MEDQ must—

(a)publish the proposed amendment on the department’s website; and

(b)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice—

(i)stating that the proposed amendment is published on the department’s website; and

(ii)inviting persons to make submissions, within a stated period of at least 15 business days (the submission period), about the proposed amendment.

(3)Sections 36B to 36F apply in relation to the proposed amendment of the provisional land use plan as if—

(a)a reference in the sections to the draft provisional land use plan were a reference to the proposed amendment of the provisional land use plan; and

(b)a reference in the sections to the submission period were a reference to the submission period under subsection (2)(b)(ii); and

(c)the reference in section 36E(1) to the draft provisional land use plan taking effect were a reference to the notice under subsection (2)(b) being published; and

(d)a reference in section 36E(1) or (2) or 36F to the provisional land use plan were a reference to the amendment of the provisional land use plan; and

(e)a reference in section 36E(3)(b)(i) or (c) to the provisional land use plan were a reference to the amendment of the provisional land use plan and the provisional land use plan as amended by the amendment (the amended provisional land use plan).

(4)As soon as practicable after the amendment of the provisional land use plan takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—

(a)the amendment has taken effect; and

(b)the amendment and the amended provisional land use plan are published on the department’s website.

s 36I ins 2019 No. 11s 24

37Declaration

(1)A regulation (a declaration regulation) may declare a part of the State to be a priority development area.

(2)In making a declaration regulation under subsection (1), regard must be had to—

(a)the main purpose of this Act; and

(b)without limiting paragraph (a)—

(i)any proposed development for land in the area; and

(ii)the economic and community benefit to the State that may be gained by the proposed development; and

(iii)the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made.

(3)The declaration regulation may state an expiry date, recommended by MEDQ, for—

(a)the interim land use plan made under section 38(2) for the priority development area; or

(b)if more than 1 interim land use plan has been made under section 38(3) for the priority development area—1 or more of the plans.

(4)The expiry date must be a date that is more than 12 months, but not more than 24 months, after the declaration regulation commences.

(5)However, MEDQ may recommend an expiry date for subsection (3) only if it considers the expiry date appropriate for the proper and orderly planning, development and management of the priority development area.

Note—

See generally section 40AB in relation to the expiry of an interim land use plan.

(6)To remove any doubt, it is declared that the declaration regulation may state different expiry dates for the interim land use plans mentioned in subsection (3)(b).

s 37 amd 2016 No. 27s 169; 2019 No. 11s 25

38Interim land use plan required

(1)This section applies if the Minister proposes to recommend to the Governor in Council the making of a declaration regulation.

(2)MEDQ must make an interim land use plan regulating development in the entire area proposed to be declared under the declaration regulation as a priority development area (the proposed area).

(3)However, MEDQ may make more than 1 interim land use plan regulating development in the proposed area if—

(a)each plan regulates development in a separate part of the proposed area, but the plans together regulate development in the entire proposed area; and

(b)MEDQ considers the plans will, in an integrated way, promote the proper and orderly planning, development and management of the proposed area.

(4)An interim land use plan made under subsection (2) or (3) may provide for any matter mentioned in section 57(2), (3) or (5).

(5)The recommendation for the declaration regulation may be made only if MEDQ has made 1 or more interim land use plans under subsection (2) or (3) regulating development in the entire proposed area.

s 38 amd 2016 No. 17s 92

sub 2019 No. 11s 26

39When interim land use plan takes effect

An interim land use plan made under section 38(2) or (3) takes effect on the commencement of the declaration regulation.

s 39 sub 2019 No. 11s 26

40 Notice of interim land use plan

As soon as practicable after an interim land use plan takes effect, MEDQ must—

(a)publish the plan on the department’s website; and

(b)publish a gazette notice stating that the plan has taken effect and is published on the department’s website; and

(c)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice to the same effect as the gazette notice.

s 40 sub 2019 No. 11s 26

40AAPeriod for which interim land use plan has effect

An interim land use plan for a priority development area has effect until the earliest of the following—

(a)if the plan regulates development in the entire priority development area—

(i)a development scheme takes effect under section 64 for the entire area; or

(ii)a new interim land use plan is made under section 40AC for the entire area;

(b)if the plan regulates development in part of the priority development area—

(i)a development scheme takes effect under section 64 for that part of the area, whether or not the scheme also takes effect for any other parts of the area; or

(ii)a new interim land use plan is made under section 40AC for that part of the area;

(c)the plan expires under section 40AB.

s 40AA ins 2019 No. 11s 26

40AB Expiry of interim land use plan

(1)An interim land use plan for a priority development area expires 12 months after the plan takes effect.

(2)However, if the declaration regulation for the priority development area stated an expiry date for the interim land use plan under section 37(3), the plan expires on the stated expiry date.

(3)Also, if a caretaker period begins at any time before an interim land use plan would otherwise expire under subsection (1) or (2), the period before the plan expires is extended by a further period equal to the length of the caretaker period plus 20 business days.

(4)For working out the length of a caretaker period for subsection (3), the day the caretaker period ends is taken to be a whole day.

s 40AB ins 2019 No. 11s 26

40AC Making new interim land use plan

(1)MEDQ may, before an interim land use plan for a priority development area (the current plan) expires, make a new interim land use plan for the priority development area (the new plan).

(2)The new plan—

(a)may provide for any matter mentioned in section 57(2), (3) or (5); and

(b)must regulate development in—

(i)if the current plan regulates development in the entire priority development area—the entire priority development area; or

(ii)otherwise—the part of the priority development area in which development is regulated by the current plan.

(3)If the new plan is to take effect before the current plan expires, MEDQ must—

(a)publish the new plan on the department’s website; and

(b)publish a gazette notice stating that the new plan is published on the department’s website.

(4)The new plan mentioned in the gazette notice published under subsection (3)(b) takes effect at the beginning of the day the gazette notice is published.

(5)If the new plan is to take effect on the expiry of the current plan, MEDQ must—

(a)before the current plan expires, publish a gazette notice stating that a new plan has been made and will take effect on the expiry of the current plan; and

(b)as soon as practicable after the current plan expires, publish the new plan on the department’s website.

(6)The new plan mentioned in the gazette notice published under subsection (5)(a) takes effect on the day after the day the current plan expires.

(7)As soon as practicable after a new plan takes effect under subsection (4) or (6), MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the new plan—

(a)has taken effect; and

(b)is published on the department’s website.

(8)Sections 40AA and 40AB(1), (3) and (4) apply to the new plan.

s 40AC ins 2019 No. 11s 26

ch 3 pt 2 div 2A hdg ins 2016 No. 17s 93

40AApplication of division

This division applies to development—

(a)to be carried out other than entirely within a priority development area; and

Example of development for paragraph (a)—

A bridge is proposed to be constructed, extending from a landing point within the priority development area to a landing point outside the area. This division applies to development to be carried out for the part of the bridge that extends from the boundary of the priority development area to the landing point outside the area.

(b)that is not identified as PDA-associated development in the relevant development instrument for the area.

Note—

A relevant development instrument may identify and regulate development as PDA-associated development—see, for example, section 57(3) and (5).

s 40A ins 2016 No. 17s 93

amd 2019 No. 11s 231 sch 1pt 1

40BConsultation required before declaring PDA-associated development

Before making a declaration under section 40C(1), MEDQ must—

(a)consult, in the way it considers appropriate, with each local government in whose area the development is proposed to be located; and

(b)make reasonable endeavours to consult, in the way MEDQ considers appropriate, with any government entity, GOC or other entity it considers will be likely to be affected by the declaration.

s 40B ins 2016 No. 17s 93

40CDeclaration of PDA-associated development

(1)MEDQ may, by instrument (a declaration), declare development to which this division applies (the proposed development) to be PDA-associated development for a priority development area.

(2)A declaration may be made only if MEDQ is satisfied—

(a)the Planning Act may have an adverse effect on the delivery of the proposed development if the declaration were not made; and

(b)1 of the following applies—

(i)the proposed development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose;

(ii)the proposed development—

(A)promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and

(B)has an economic or community benefit for the State or region in which the priority development area is located; and

(C)cannot reasonably be located or accommodated entirely within the priority development area;

(iii)the proposed development satisfies another requirement prescribed by regulation.

(3)A declaration must not compromise the implementation of the relevant development instrument for the priority development area.

(4)In making a declaration, MEDQ must decide whether the PDA-associated development is—

(a)PDA assessable development; or

(b)PDA accepted development.

Note—

If the PDA-associated development is PDA assessable development, see section 84 for the requirements about public notification of a PDA development application.

(5)In this section—

development infrastructure see the Planning Act, schedule 2.

s 40C ins 2016 No. 17s 93

amd 2016 No. 27s 169A; 2019 No. 11s 27

40DContent of declaration

A declaration under section 40C(1) must include the following information—

(a)the priority development area the development is for;

(b)a description of the land on which the development is proposed to be located;

(c)a description of the development, including plans and supporting documentation;

(d)any other information prescribed by regulation.

s 40D ins 2016 No. 17s 93

40ENotice of declaration

As soon as practicable after declaring development to be PDA-associated development under section 40C(1), MEDQ must—

(a)publish the declaration on the department’s website; and

(b)give a copy of the declaration to—

(i)each local government in whose area the development is to be located; and

(ii)the owner of the land on which the development is proposed to be located; and

(iii)each government entity or GOC consulted under section 40B before the making of the declaration.

s 40E ins 2016 No. 17s 93

ch 3 pt 2 div 2B hdg ins 2019 No. 11s 28

40F Regulation may make particular boundary changes

(1)A regulation (a boundary change regulation) may amend a declaration regulation made under section 34 or 37 to make either of the following changes (each a minor boundary change) to the priority development area declared under the declaration regulation—

(a)to include additional land in the priority development area;

(b)to include additional land in the priority development area and exclude other land from the priority development area.

Note—

See chapter 3, part 2, division 3, subdivision 2 in relation to other changes to priority development areas.

(2)A boundary change regulation may be made only if—

(a)the minor boundary change is to correct an error in the boundary of the priority development area; or

Example—

including land so the boundary of the priority development area aligns with the intended cadastral boundary of the area

(b)MEDQ is satisfied the minor boundary change promotes the proper and orderly planning, development and management of the additional land to be included in, or the land to be excluded from, the priority development area.

Examples—

•including additional land in a priority development area so part of the boundary of the area aligns with a road constructed after the area was declared

•including additional land in a priority development area so part of the boundary of the area aligns with the boundary of land that was reclaimed after the area was declared

s 40F ins 2019 No. 11s 28

40G Recommendation for boundary change regulation

(1)This section applies if the Minister proposes to recommend to the Governor in Council the making of a boundary change regulation in relation to a priority development area.

(2)The recommendation for the making of the boundary change regulation may be made only if—

(a)for the additional land proposed to be included in the priority development area (the additional land), MEDQ has—

(i)proposed an instrument amending the relevant development instrument for the priority development area to apply the relevant development instrument to the additional land (the PDA instrument change); and

(ii)consulted on the proposed instrument under section 40H(1); and

(iii)made the instrument under section 40H(2); and

(b)for any land proposed to be excluded from the priority development area (the excluded land), an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change) has been—

(i)prepared under section 40I; and

(ii)consulted on under section 40J; and

(iii)made or approved under section 40K.

(3)However, subsection (2)(b) does not apply if MEDQ decides a planning instrument change is not required to provide for the excluded land.

(4)MEDQ may make a decision under subsection (3) only if it is satisfied that, without amendment, the relevant local government’s planning instruments adequately provide for the excluded land.

s 40G ins 2019 No. 11s 28

40HConsultation about proposed PDA instrument change and making of PDA instrument change

(1)Before preparing the proposed instrument for the PDA instrument change, MEDQ must—

(a)consult, in the way it considers appropriate, with the relevant local government; and

(b)make reasonable endeavours to consult, in the way it considers appropriate, with any government entity, GOC or other entity MEDQ considers will be likely to be affected by the proposed PDA instrument change.

(2)After complying with subsection (1), MEDQ must decide—

(a)to make the instrument for the PDA instrument change; or

(b)not to make the instrument for the PDA instrument change.

(3)In making the decision under subsection (2), MEDQ must consider the main purpose of this Act.

s 40H ins 2019 No. 11s 28

40I Preparation of proposed instrument for planning instrument change

(1)If section 40G(2)(b) applies for any excluded land, MEDQ may—

(a)prepare the proposed instrument for the planning instrument change; or

(b)ask the relevant local government to prepare the proposed instrument for the planning instrument change.

(2)The entity that prepares the proposed instrument for the planning instrument change is the proposer of the planning instrument change.

s 40I ins 2019 No. 11s 28

40JConsultation about proposed instrument for planning instrument change

Before preparing the proposed instrument for the planning instrument change, the proposer must—

(a)either—

(i)if MEDQ is the proposer—consult, in the way it considers appropriate, with the relevant local government; or

(ii)if the relevant local government is the proposer—consult with MEDQ; and

(b)make reasonable endeavours to consult, in the way the proposer considers appropriate, with any government entity, GOC or other entity the proposer considers will be likely to be affected by the proposed planning instrument change.

s 40J ins 2019 No. 11s 28

40KMaking or approving planning instrument change

(1)This section applies if—

(a)section 40G(2)(b) applies for any excluded land; and

(b)the proposed instrument for the planning instrument change has been prepared under section 40I and consulted on under section 40J.

(2)If the relevant local government is the proposer of the planning instrument change, it must give MEDQ the proposed instrument for its approval.

(3)MEDQ must decide to—

(a)approve the proposed instrument for the planning instrument change; or

(b)approve the proposed instrument subject to conditions decided by MEDQ; or

(c)refuse to approve the proposed instrument.

(4)In making the decision under subsection (3), MEDQ must consider the main purpose of this Act.

(5)If MEDQ decides to approve the proposed instrument for the planning instrument change, it must, by notice given to the relevant local government—

(a)for a proposed instrument prepared by MEDQ—make the instrument for the planning instrument change in compliance with any conditions decided under subsection (3)(b); or

(b)for a proposed instrument prepared by the relevant local government—approve the instrument for the planning instrument change subject to any conditions decided under subsection (3)(b).

(6)If MEDQ, under subsection (3)(b), approves a proposed instrument for a planning instrument change prepared by the relevant local government, the local government must amend the instrument to comply with the conditions.

s 40K ins 2019 No. 11s 28

40L When instruments take effect

(1)A PDA instrument change made under section 40H(2) and a planning instrument change made or approved under section 40K take effect on the commencement of the boundary change regulation making the minor boundary changes for which the instruments provide.

(2)On giving a notice under section 40K(5), the planning instrument change is, for the Planning Act, taken to have been made by the relevant local government.

(3)However—

(a)the planning instrument change—

(i)does not create a superseded planning scheme under the Planning Act; and

(ii)is not an adverse planning change under that Act; and

(b)the Planning Act, section 16(2) and (3) does not apply in relation to the planning instrument change.

(4)The Planning Act, sections 18, 20, 22 and 23 do not apply for making the planning instrument change.

s 40L ins 2019 No. 11s 28

40M Notice of instruments for minor boundary change

(1)As soon as practicable after the boundary change regulation commences, MEDQ must—

(a)publish on the department’s website—

(i)the PDA instrument change made under section 40H(2); and

(ii)if section 40G(2)(b) applied for any excluded land—the planning instrument change made or approved under section 40K; and

(b)publish a gazette notice stating that the instruments mentioned in paragraph (a)(i) and (ii) have taken effect and are published on the department’s website; and

(c)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice to the same effect as the gazette notice.

(2)Also, if section 40G(2)(b) applied for any excluded land, the relevant local government must publish on its website the planning instrument change made or approved under section 40K.

s 40M ins 2019 No. 11s 28

ch 3pt 2div 3sdiv 1hdg ins 2014 No. 40s 7

41Cessation of provisional priority development area

(1)A provisional priority development area ceases to be a provisional priority development area 3 years after its declaration.

(2)Before a provisional priority development area ceases under subsection (1), MEDQ may, by notice to the relevant local government—

(a)approve an amendment of the local government’s planning instruments prepared by the local government to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (the planning instrument change); or

(b)make an amendment of the local government’s planning instruments to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (also the planning instrument change).

(3)On the giving of a notice under subsection (2), the planning instrument change is, for the Planning Act, taken to have been made by the local government.

(4)However—

(a)the planning instrument change—

(i)does not create a superseded planning scheme under the Planning Act; and

(ii)is not an adverse planning change under that Act; and

(b)the Planning Act, section 16(2) and (3) does not apply in relation to the planning instrument change.

(5)The Planning Act, sections 18, 20, 22 and 23 do not apply for the making of the planning instrument change.

(6)Before making a planning instrument change under subsection (2)(b), MEDQ must—

(a)give the relevant local government the proposed planning instrument change; and

(b)invite it to, within 40 business days after it is given the proposed amendment, make submissions to MEDQ about the proposed planning instrument change; and

(c)consider any submissions made under paragraph (b).

(7)The planning instrument change takes effect at the same time as the provisional priority development area ceases under subsection (1).

s 41 amd 2016 No. 17s 94; 2016 No. 27s 170; 2019 No. 11s 29

ch 3pt 2div 3sdiv 2hdg ins 2014 No. 40s 8

42Revocation or reduction of priority development area

(1)Subsections (2) and (3) apply if the Minister proposes to recommend to the Governor in Council the making of a regulation to amend or repeal a provision of a declaration regulation made under section 34 or 37 (the PDA change) so land in a priority development area (the excluded land) will no longer be in the priority development area.

(2)The recommendation for the PDA change may be made only if an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change) is—

(a)proposed and dealt with under sections 42A to 42I, as applicable; and

(b)approved under section 42J(2).

(3)Also, if there is PDA-associated development for the priority development area, the recommendation for the PDA change may be made only if—

(a)the Minister has considered how the development should be dealt with; and

(b)to the extent the Minister considers it appropriate, the development is provided for in the planning instrument change.

(4)However, subsection (2) does not apply if—

(a)under the regulation the subject of the Minister’s proposed recommendation—

(i)a part of the State comprising or including the excluded land is to be declared to be a priority development area under section 34 or 37; and

(ii)the declaration is to commence at the same time as the PDA change; or

(b)the excluded land—

(i)is within the master planned area for a priority port and a port overlay has effect for the master planned area; or

(ii)is strategic port land under the Transport Infrastructure Act 1994, section 286; or

(c)MEDQ is satisfied that—

(i)without amendment, the relevant local government’s planning instruments adequately provide for the excluded land; or

(ii)any amendments required to be made to the relevant local government’s planning instruments to provide for the excluded land are minor, have been the subject of adequate consultation and have been made.

(5)Also, subsections (2) and (3) do not apply only because the Minister proposes to make a boundary change regulation to make a minor boundary change mentioned in section 40F(1)(b).

(6)In this section—

master planned area, for a priority port, see the Sustainable Ports Development Act 2015, section 6.

port overlay see the Sustainable Ports Development Act 2015, section 19(1).

priority port see the Sustainable Ports Development Act 2015, section 5.

s 42 sub 2014 No. 40s 8

amd 2016 No. 17s 95; 2019 No. 11s 30

42APreparation of proposed planning instrument change

(1)MEDQ may decide to prepare the proposed instrument for the planning instrument change or ask the relevant local government to prepare it.

(2)The entity that prepares the proposed instrument for the planning instrument change is the proposer of the planning instrument change.

s 42A ins 2014 No. 40s 8

42BConsultation about proposed planning instrument change

Before preparing the proposed instrument for the planning instrument change, the proposer must—

(a)for a proposed instrument prepared by MEDQ—consult, in the way it considers appropriate, with the relevant local government; and

(b)for a proposed instrument prepared by the relevant local government—consult with MEDQ; and

(c)make reasonable endeavours to consult, in the way the proposer considers appropriate, with any of the following it considers will be likely to be affected by the proposed planning instrument change—

(i)a government entity or GOC;

(ii)another person or entity.

s 42B ins 2014 No. 40s 8

42CApproval of proposed planning instrument change by MEDQ

(1)This section applies if the proposed instrument for a planning instrument change is prepared by the relevant local government.

(2)The local government must give the proposed instrument to MEDQ for approval.

(3)MEDQ must decide to—

(a)approve the proposed instrument for the planning instrument change; or

(b)approve the instrument change subject to conditions decided by MEDQ; or

(c)refuse to approve the instrument.

(4)If MEDQ approves the proposed instrument for the planning instrument change under subsection (3)(b), the relevant local government must amend the instrument to comply with the conditions.

s 42C ins 2014 No. 40s 8

amd 2019 No. 11s 31

42DWhen notification requirements do not apply

The notification requirements do not apply to the proposed instrument for the planning instrument change if MEDQ is satisfied—

(a)the consultation about the instrument under section 42B has been adequate; and

(b)the public interest would not be served by further consultation about the instrument.

s 42D ins 2014 No. 40s 8

42EPublic notification

(1)This section applies if—

(a)the proposed instrument for the planning instrument change is prepared; and

(b)for a proposed instrument prepared by the relevant local government—MEDQ has approved the instrument under section 42C(3).

(2)The proposer must—

(a)publish the proposed instrument for the planning instrument change on the proposer’s website; and

(b)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice—

(i)stating that the proposed instrument for the planning instrument change is published on the proposer’s website; and

(ii)inviting persons to make submissions, within a stated period of at least 30 business days (the submission period), about the proposed instrument.

s 42E ins 2014 No. 40s 8

amd 2019 No. 11s 32

42FSubmissions on proposed planning instrument change

Anyone may make submissions to the proposer about the proposed instrument for the planning instrument change within the submission period.

s 42F ins 2014 No. 40s 8

42GConsideration of submissions

(1)The proposer must consider the submissions received within the submission period.

(2)Subsection (1) does not prevent the proposer from considering a submission made to it after the submission period ends.

s 42G ins 2014 No. 40s 8

42HAmendment of proposed planning instrument change

(1)After complying with section 42G, the proposer may amend the proposed instrument for the planning instrument change in a way it considers appropriate.

(2)If the proposer considers the amendment significantly changes the proposed planning instrument change, it must re-comply with sections 42E(2) and 42G for the amended proposed instrument for the planning instrument change.

s 42H ins 2014 No. 40s 8

amd 2019 No. 11s 231 sch 1pt 1

42IPublic response report

(1)This section applies if the proposer has complied with section 42G and, if relevant, section 42H.

(2)The proposer must—

(a)prepare a report (the public response report) that—

(i)summarises the submissions considered by proposer; and

(ii)contains information about the merits of the submissions and the extent to which the proposed instrument for the planning instrument change was amended to reflect the submissions; and

(iii)contains details about any changes to the proposed instrument published under section 42E(2); and

(b)publish the report on the proposer’s website.

s 42I ins 2014 No. 40s 8

42JApproval of planning instrument change

(1)This section applies if, for a proposed instrument for a planning instrument change, the notification requirements—

(a)have been complied with; or

(b)do not apply under section 42D.

(2)MEDQ must decide to—

(a)approve the proposed instrument for the planning instrument change; or

(b)approve the proposed instrument subject to conditions decided by MEDQ; or

(c)refuse to approve the proposed instrument.

(3)In making the decision under subsection (2), MEDQ must consider—

(a)the main purpose of this Act; and

(b)for a proposed instrument for a planning instrument change prepared by the relevant local government to which the notification requirements apply—the public response report.

(4)If MEDQ decides to approve the proposed instrument for the planning instrument change under subsection (2), it must, by notice to the relevant local government—

(a)for a proposed instrument prepared by MEDQ—make the instrument for the planning instrument change in compliance with any conditions decided under subsection (2)(b); or

(b)for a proposed instrument prepared by the relevant local government—approve the instrument for the planning instrument change subject to any conditions decided under subsection (2)(b).

(5)If MEDQ approves an instrument for a planning instrument change prepared by the relevant local government subject to any conditions decided under subsection (2)(b), the local government must amend the instrument to comply with the conditions.

s 42J ins 2014 No. 40s 8

amd 2019 No. 11s 33

42KEffect of planning instrument change

(1)On giving a notice under section 42J(4), the planning instrument change is, for the Planning Act, taken to have been made by the relevant local government.

(2)However—

(a)the planning instrument change—

(i)does not create a superseded planning scheme under the Planning Act; and

(ii)is not an adverse planning change under that Act; and

(b)the Planning Act, section 16(2) and (3) does not apply in relation to the planning instrument change.

(3)The Planning Act, sections 18, 20, 22 and 23 do not apply for making the planning instrument change.

(4)The planning instrument change takes effect at the same time as the PDA change.

s 42K ins 2014 No. 40s 8

amd 2016 No. 27s 171; 2019 No. 11s 34

42LNotice of planning instrument change

As soon as practicable after the planning instrument change takes effect—

(a)MEDQ must publish the instrument for the planning instrument change on the department’s website; and

(b)the relevant local government must publish the instrument on its website; and

(c)the proposer must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating the instrument—

(i)has been approved; and

(ii)may be inspected on the proposer’s website; and

(d)the proposer must give each person who made a submission about the proposed instrument for the planning instrument change, received within the submission period, a notice stating that—

(i)the instrument has been approved; and

(ii)the public response report about the proposed instrument may be inspected on the proposer’s website.

s 42L ins 2014 No. 40s 8

amd 2019 No. 11s 35

ch 3pt 2div 3sdiv 3hdg ins 2014 No. 40s 8

42MImplied and uncommenced rights to use premises protected

(1)This section applies if—

(a)a PDA development approval comes into effect; and

(b)immediately before the approval comes into effect, a material change of use, for a use implied by the approval, was PDA accepted development; and

(c)a planning instrument change is made before the use starts.

(2)The use is taken to be a lawful use in existence immediately before the planning instrument change is made or taken to have been made.

s 42M ins 2014 No. 40s 8

amd 2019 No. 11s 36

43Interim local laws

(1)This section applies if land ceases to be in a priority development area and, immediately before the cessation, by-laws applied to the area.

(2)A regulation may make a local law (the interim local law) for the land, about any matter provided for under the by-laws.

(3)However, the regulation may be made only if the relevant local government has agreed to the making of the regulation.

(4)For the Local Government Act 2009 or the City of Brisbane Act 2010, the interim local law is taken to have been made under that Act by the relevant local government.

(5)The interim local law expires 12 months after it commences.

ch 3 pt 2 div 4 hdg amd 2016 No. 27s 172

43A References to declaration of area as priority development area

A reference in this subdivision to the declaration of an area as a priority development area includes a reference to the inclusion, under a boundary change regulation, of an additional area in a priority development area.

s 43A ins 2019 No. 11s 37

44Existing development applications and change applications under Planning Act

(1)This section applies if, immediately before the declaration of an area as a priority development area—

(a)a development application under the Planning Act had been made for land in the area; and

(b)the application was a properly made application and had not lapsed under that Act; and

(c)the application had not been decided.

(2)This section also applies if, immediately before the declaration of an area as a priority development area—

(a)a change application had been made under the Planning Act to change a development approval under that Act—

(i)that already approves development in the priority development area; or

(ii)to approve development in the priority development area, if the approval does not already approve development in the priority development area; and

(b)the application had not lapsed under that Act; and

(c)the application had not been decided.

(3)Despite the declaration, the application must be decided under the Planning Act, and that Act continues to apply, as if the land were not land in a priority development area.

s 44 amd 2016 No. 27s 173

45Existing development approvals under Planning Act

If, immediately before the declaration of an area as a priority development area, a development approval under the Planning Act is in effect for land in the area, the approval continues in effect as a development approval under the Planning Act.

s 45 amd 2016 No. 27s 174

46Special provision for Northshore Hamilton urban development area

(1)This section applies in relation to balance port land that is in the Northshore Hamilton urban development area.

(2)A person may apply to MEDQ to restart a use of premises on the land if—

(a)the use—

(i)is authorised under a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect; or

(ii)was a lawful use of premises immediately before the taking of effect of the first interim land use plan; or

(iii)is generally consistent with a use mentioned in subparagraph (i) or (ii); and

(b)the application is made within 6 months after the use stopped.

(3)For making, dealing with and deciding the application, part 4, division 3 applies, with any necessary changes, as if it were a PDA development application.

(4)A person may, under section 99, apply to MEDQ to change a development approval for a use mentioned in subsection (2)(a)(i) or (ii) to an extent that—

(a)only changes the configuration or layout of buildings, other structures or plant; and

(b)does not involve an extension of the area of any buildings, other structures or plant.

(5)A person may apply to MEDQ to change a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect, as if the approval were a PDA development approval.

(6)An application under subsection (4) or (5) may be made under section 99 as if it were an amendment application under that section.

Note—

Under section 99(2), an amendment application may be made only if MEDQ is satisfied the change would not result in the relevant development being substantially different.

(7)An application mentioned in this section may be made to MEDQ, and approved by MEDQ, despite any provision of the Northshore Hamilton UDA Development Scheme 2009 that prohibits the development.

(8)An application mentioned in this section may be made in relation to premises at any time until the day the term of the current lease for the premises ends.

(9)In this section—

balance port land see the Transport Infrastructure Act 1994, section 283I.

current lease, for premises, means a lease that was in existence for the premises immediately before the commencement of the repealed ULDA Act, section 14A.

Note—

The repealed ULDA Act, section 14A commenced on 23 May 2010.

first interim land use plan means the first interim land use plan for the Northshore Hamilton urban development area under the repealed ULDA Act.

Port of Brisbane Corporation means Port of Brisbane Corporation Limited ACN 124 048 522.

47Designation of premises for development of infrastructure under Planning Act

To remove any doubt, it is declared that—

(a)the Planning Act, chapter 2, part 5 applies in relation to premises in, or partly in, a priority development area; and

(b)a designation of premises under the Planning Act that is in force immediately before all or part of the premises are in a priority development area, continues in force despite the priority development area taking effect.

s 47 sub 2014 No. 40s 9; 2016 No. 27s 175

amd 2019 No. 11s 38

ch 3pt 2div 4sdiv 2hdg sub 2019 No. 11s 39

48Application of subdivision

This subdivision applies if—

(a)land (the former PDA land) ceases to be in a priority development area; or

(b)PDA-associated development (the former PDA-associated development) for a priority development area ceases to be PDA-associated development for the area.

s 48 amd 2016 No. 17s 96; 2016 No. 27s 176

sub 2019 No. 11s 39

49References to cessation

In this subdivision—

(a)a reference to cessation in relation to the former PDA land is, if the context permits, a reference to the time the land ceases to be in the priority development area; and

(b)a reference to cessation in relation to the former PDA-associated development is, if the context permits, a reference to the time the development ceases to be PDA-associated development for the priority development area.

s 49 amd 2016 No. 17s 97; 2016 No. 27s 177

sub 2019 No. 11s 39

50Existing PDA development approvals

(1)This section applies if, immediately before the cessation, a PDA development approval was in effect for the former PDA land or former PDA-associated development.

(2)On the cessation, the PDA development approval is taken to be a development approval under the Planning Act that took effect at the same time as the PDA development approval.

(3)However, subsection (2) does not apply to the extent the PDA development approval involves a water connection aspect.

Note—

For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a PDA development approval in effect immediately before the cessation, see division 4A.

s 50 amd 2016 No. 17s 98; 2016 No. 27s 178

sub 2019 No. 11s 39

50AExisting PDA exemption certificates

(1)This section applies if, immediately before the cessation, a PDA exemption certificate is in effect for the former PDA land or former PDA-associated development.

(2)On the cessation, the PDA exemption certificate is taken to be an exemption certificate under the Planning Act for—

(a)if the PDA exemption certificate is for carrying out development on former PDA land—carrying out the development on the land; or

(b)if the PDA exemption certificate is for carrying out former PDA-associated development on land—carrying out the development on the land.

(3)The exemption certificate under the Planning Act takes effect at the same time as the PDA exemption certificate.

(4)A condition of the PDA exemption certificate is taken to be a condition of the exemption certificate under the Planning Act, even if the condition could not be imposed under that Act.

(5)Subsections (6) and (7) apply if the PDA exemption certificate states, under section 71A(5)(c), a period within which a plan mentioned in the section must be given to MEDQ.

(6)If the plan has been given to MEDQ within the period and before the cessation, the development is taken, for the Planning Act, section 46(10), to comply with a requirement stated under section 46(9)(c) of that Act.

(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).

s 50A ins 2019 No. 11s 75

51Existing PDA development applications

(1)This section applies to a PDA development application made, but not decided, before the cessation for the former PDA land or former PDA-associated development.

(2)The PDA development application must continue to be decided under this Act as if—

(a)the cessation had not happened; and

(b)the PDA development application were being decided immediately before the cessation.

(3)If a PDA development approval is given for the PDA development application, the approval is, immediately after it takes effect under this Act, taken to be a development approval under the Planning Act that took effect at the same time as the PDA development approval.

(4)However, subsection (3) does not apply to the extent the PDA development approval involves a water connection aspect.

Note—

For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a PDA development approval given under this section, see division 4A.

s 51 amd 2016 No. 27s 179

sub 2019 No. 11s 39

51AA Existing amendment applications

(1)This section applies if—

(a)before the cessation, an amendment application has been made, but not decided, for a PDA development approval for the former PDA land or former PDA-associated development; and

(b)on the cessation, all or part of the PDA development approval is taken, under section 50(2), to be a development approval under the Planning Act.

(2)The amendment application must continue to be decided under this Act as if—

(a)the cessation had not happened; and

(b)the PDA development approval were still a PDA development approval; and

(c)the amendment application were being decided immediately before the cessation.

(3)If a changed PDA development approval is given for the amendment application, the changed PDA development approval is, immediately after it takes effect under this Act, taken to be a development approval under the Planning Act.

(4)However, subsection (3) does not apply to the extent the changed PDA development approval involves a water connection aspect.

Note—

For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed PDA development approval given under this section, see division 4A.

s 51AA ins 2019 No. 11s 39

51AB Existing applications to extend currency period

(1)This section applies if—

(a)before the cessation, an application has been made under section 101, but not decided, to extend the currency period of a PDA development approval for—

(i)the former PDA land; or

(ii)the former PDA-associated development; and

(b)on the cessation, all or part of the PDA development approval is taken, under section 50(2), to be a development approval under the Planning Act.

(2)The application must continue to be decided under this Act as if—

(a)the cessation had not happened; and

(b)the PDA development approval were still a PDA development approval; and

(c)the application were being decided immediately before the cessation.

(3)If the decision is to grant the extension, the decision is taken to be a decision under the Planning Act, section 87 to extend the currency period of the development approval under that Act.

(4)If the decision is to refuse the extension, the development approval under the Planning Act lapses on the later of the following to happen—

(a)the currency period of the PDA development approval under this Act, including any extension of that period under section 102, ends;

(b)the person who made the application is given notice of the decision under section 102(4).

(5)Despite the Planning Act, section 229, a person may not appeal under that Act against the decision on the application.

s 51AB ins 2019 No. 11s 39

51AC Existing appeals to Planning and Environment Court

(1)This section applies if—

(a)before the cessation, a person has appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for—

(i)the former PDA land; or

(ii)the former PDA-associated development; and

(b)on the cessation, all or part of the PDA development approval is taken, under section 50(2), to be a development approval under the Planning Act; and

(c)immediately before the cessation, the appeal has not been decided.

(2)The Planning and Environment Court must hear, or continue to hear, and decide the appeal under section 90 as if—

(a)the cessation had not happened; and

(b)the PDA development approval were still a PDA development approval.

(3)If the decision on the appeal is to give a changed or replacement PDA development approval, the changed or replacement PDA development approval is taken to be a development approval under the Planning Act.

(4)However, subsection (3) does not apply to the extent the changed or replacement PDA development approval involves a water connection aspect.

Note—

For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed or replacement PDA development approval given under this section, see division 4A.

s 51AC ins 2019 No. 11s 39

51ADAppeals to Planning and Environment Court after cessation

(1)This section applies if—

(a)immediately before the cessation, a person could have appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for—

(i)the former PDA land; or

(ii)the former PDA-associated development; and

(b)on the cessation, all or part of the PDA development approval is taken, under section 50(2), to be a development approval under the Planning Act; and

(c)immediately before the cessation, the person has not appealed.

(2)This section also applies if a person could have appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval given under section 51 or 51AA if the cessation had not happened.

(3)The person may appeal, and the Planning and Environment Court must hear and decide the appeal, under section 90 as if—

(a)the cessation had not happened; and

(b)the PDA development approval were still a PDA development approval.

(4)The appeal must be started within the period mentioned in section 90(3).

(5)If the decision on the appeal is to give a changed or replacement PDA development approval, that approval is taken to be a development approval under the Planning Act.

(6)However, subsection (5) does not apply to the extent the changed or replacement PDA development approval involves a water connection aspect.

Note—

For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed or replacement PDA development approval given under this section, see division 4A.

s 51AD ins 2019 No. 11s 39

51AE Process for approving plans of subdivision

(1)This section applies if the process under section 104(2) for approving a plan of subdivision for the former PDA land had started, but not ended, before the cessation.

(2)Section 104 continues to apply in relation to the plan of subdivision as if—

(a)the cessation had not happened; and

(b)for a plan of subdivision authorised or required under the part of a PDA development permit that, under section 50(2), becomes a development approval under the Planning Act—the PDA development permit were still a PDA development permit; and

(c)for a plan of subdivision for reconfiguring a lot that, before the cessation, was PDA accepted development—the reconfiguration were still PDA accepted development.

(3)For registering the plan of subdivision under the Land Title Act 1994, anything done by MEDQ under section 104 in relation to the plan is taken to have been done by the local government for the local government area to which the plan relates.

(4)In this section—

plan of subdivision see section 104(3).

s 51AE ins 2019 No. 11s 39

51AF Registering particular plans of subdivision approved before cessation

(1)This section applies if—

(a)before the cessation, MEDQ approved a plan of subdivision for the former PDA land under section 104; and

(b)immediately before the cessation, the plan of subdivision has not been registered under the Land Title Act 1994.

(2)For registering the plan of subdivision under the Land Title Act 1994, anything done by MEDQ under section 104 in relation to approving the plan is taken to have been done by the local government for the local government area to which the plan relates.

(3)In this section—

plan of subdivision see section 104(3).

s 51AF ins 2019 No. 11s 39

51AG Lawful uses of premises

(1)This section applies if, immediately before the cessation—

(a)a use of premises that are, or are on, former PDA land is a lawful use of the premises under this or another Act; or

(b)a use of premises as a consequence of the carrying out of former PDA-associated development is a lawful use of the premises under this or another Act.

(2)On and from the cessation, the use is taken to be a lawful use of the premises under the Planning Act.

s 51AG ins 2019 No. 11s 39

ch 3pt 2div 4sdiv 3hdg ins 2019 No. 11s 39

51AH Application of subdivision

This subdivision applies if all or part of a PDA development approval becomes, under subdivision 2, a development approval under the Planning Act (a Planning Act approval).

s 51AH ins 2019 No. 11s 39

51AI Conditions and enforcement authorities under Planning Act

(1)A PDA development condition of the PDA development approval or part is taken to be a development condition of the Planning Act approval under the Planning Act, even if the condition could not be imposed under that Act.

(2)The enforcement authority under the Planning Act for the development the subject of the Planning Act approval is taken to be the entity that would have been the enforcement authority under that Act if—

(a)for a Planning Act approval for former PDA land—the land had never been in a priority development area; and

(b)for a Planning Act approval for former PDA-associated development—the development had never been PDA-associated development; and

(c)a development application for the Planning Act approval had been made under that Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 as in effect when the application for the PDA development approval was made.

s 51AI ins 2019 No. 11s 39

51AJ Proceedings about Planning Act approvals

(1)Despite the Planning Act, section 229, a person may not appeal under that Act in relation to—

(a)the Planning Act approval or its conditions; or

(b)a decision made under this Act in relation to the Planning Act approval or its conditions.

(2)To remove any doubt, it is declared that subsection (1) does not limit or otherwise affect—

(a)an appeal mentioned in section 51AC(1)(a) or brought under section 51AD; or

(b)a right to bring an appeal under the Planning Act, section 229 against a decision on either of the following applications made under that Act for the Planning Act approval—

(i)a change application;

(ii)an extension application.

(3)Subsection (4) applies to a proceeding under the Planning and Environment Court Act 2016, section 11 seeking a declaration in relation to—

(a)the Planning Act approval or its conditions; or

(b)a decision made under this Act in relation to the Planning Act approval or its conditions.

(4)The proceeding may be brought only by the entity that is, under section 51AI(2), the enforcement authority under the Planning Act for the Planning Act approval.

s 51AJ ins 2019 No. 11s 39

51AK Lapsing of Planning Act approvals

(1)Section 100(2) to (5) continues to apply in relation to the Planning Act approval, instead of the Planning Act, section 85—

(a)as if a reference in section 100 to a PDA development approval were a reference to the Planning Act approval; and

(b)subject to—

(i)section 51AB(4); and

(ii)any extension of the currency period of the PDA development approval given under this Act; and

(iii)any extension of the currency period of the Planning Act approval given under the Planning Act; and

(c)with any other necessary changes.

(2)Subsection (3) applies if—

(a)the Planning Act approval is for reconfiguring a lot; and

(b)a plan for the reconfiguration was not given to MEDQ under section 100(2)(b) before the approval became a Planning Act approval.

(3)Section 100(2)(b) applies in relation to the Planning Act approval as if a reference in the section to MEDQ were a reference to the local government for the local government area to which the approval relates.

s 51AK ins 2019 No. 11s 39

51AL Extension applications under Planning Act for Planning Act approvals

(1)For applying the relevant planning provisions to an extension application under the Planning Act for the Planning Act approval—

(a)the approval’s currency period is taken to be the currency period applying for the Planning Act approval under section 100, as applied under section 51AK, including any extension of that period—

(i)given under this Act for the PDA development approval; or

(ii)given under the Planning Act; and

(b)a reference in the relevant planning provisions to the assessment manager includes a reference to the entity that would be the prescribed assessment manager for a development application made under the Planning Act—

(i)for the development the subject of the Planning Act approval; and

(ii)at the time the extension application is made; and

(c)a reference in the relevant planning provisions to a referral agency or concurrence agency includes a reference to—

(i)an entity that was, under section 88(a), a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and

(ii)another entity prescribed by regulation; and

(d)a reference in the Planning Act, section 87(7) to section 85 of that Act includes a reference to section 100(2); and

(e)the relevant planning provisions apply with any other necessary changes.

(2)In this section—

relevant planning provisions means the following provisions—

(a)the Planning Act, sections 86 and 87;

(b)the Planning Act, chapter 3, part 6;

(c)the Planning Act, section 229;

(d)the Planning Act, schedule 1, section 1, table 1, item 3;

(e)the development assessment rules under the Planning Act.

s 51AL ins 2019 No. 11s 39

51AM Changes to Planning Act approvals that are minor changes for Planning Act

(1)This section applies if a change application is made under the Planning Act for the Planning Act approval.

(2)Despite the Planning Act, schedule 2, definition minor change, the change to the Planning Act approval is a minor change for that Act unless—

(a)the change results in substantially different development; or

(b)the development the subject of the Planning Act approval, including the change, is prohibited development under the Planning Act; or

(c)both of the following apply—

(i)a development application for the development the subject of the Planning Act approval, made under the Planning Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 when the application for the PDA development approval was made, would not have required public notification under the Act under which it was made;

(ii)a development application for the development the subject of the Planning Act approval, including the change, made under the Planning Act when the change application was made, would require public notification under section 53 of that Act.

s 51AM ins 2019 No. 11s 39

51AN Responsible entities for change applications under Planning Act for Planning Act approvals

Despite the Planning Act, section 78A(1), the responsible entity for a change application made under that Act to change the Planning Act approval is—

(a)if the change is, under section 51AM, a minor change to a condition of the Planning Act approval for which there was, under section 88(a), a nominated assessing authority—the nominated assessing authority; or

(b)if the change is to another condition of the Planning Act approval that was a PDA development condition of the PDA development approval—the entity prescribed by regulation; or

(c)if paragraphs (a) and (b) do not apply—the entity that would be the prescribed assessment manager for a development application made under the Planning Act—

(i)for the development the subject of the Planning Act approval, including the change; and

(ii)at the time the change application is made.

s 51AN ins 2019 No. 11s 39

51AO Change applications under Planning Act for Planning Act approvals

(1)For applying the relevant planning provisions to a change application made under the Planning Act to change the Planning Act approval—

(a)a reference in the Planning Act, section 78A(2), (3) or (3)(4) to section 78A(1) of that Act includes a reference to section 51AN; and

(b)a reference in the relevant planning provisions to the assessment manager includes a reference to the entity mentioned in section 51AN(c); and

(c)if the change is a minor change for the Planning Act under section 51AM—a reference in the relevant planning provisions to a referral agency includes a reference to—

(i)an entity that was, under section 88(a), a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and

(ii)another entity prescribed by regulation; and

(d)the relevant planning provisions apply with any other necessary changes.

(2)For applying the Planning Act, section 82 to the change application, a reference in section 82(2)(a)(ii) of that Act to the original development application includes a reference to the application for the PDA development approval.

(3)If the responsible entity for the change application under the Planning Act must, in assessing the application, consider a matter mentioned in section 81(2)(d), (e) or (da)(f) of that Act—

(a)section 81(4) and (5)(c) of that Act applies for the assessment as if a reference in that section to when the development application for the development approval was properly made were a reference to when the change application was made; and

(b)section 81(5)(a) of that Act does not apply for the assessment.

(4)In this section—

relevant planning provisions means the following provisions—

(a)the Planning Act, chapter 3, part 5, division 2, subdivision 2 other than section 78A(1) or 82;

(b)the Planning Act, chapter 3, part 5, division 2, subdivision 3;

(c)the Planning Act, chapter 3, part 6 or 6A;

(d)the Planning Act, section 229;

(e)the Planning Act, schedule 1, section 1, table 1, item 2;

(f)the development assessment rules under the Planning Act.

s 51AO ins 2019 No. 11s 39

51AP Cancellation applications under Planning Act for Planning Act approvals

(1)For applying the relevant planning provisions to a cancellation application under the Planning Act for the Planning Act approval—

(a)a reference in the relevant planning provisions to the assessment manager includes a reference to the entity that would be the prescribed assessment manager for a development application made under the Planning Act—

(i)for the development the subject of the Planning Act approval; and

(ii)at the time the cancellation application is made; and

(b)a reference in the relevant planning provisions to a referral agency includes a reference to—

(i)an entity that was, under section 88(a), a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and

(ii)another entity prescribed by regulation; and

(c)the relevant planning provisions apply with any other necessary changes.

(2)In this section—

relevant planning provisions means the following provisions—

(a)the Planning Act, section 84;

(b)the Planning Act, chapter 3, part 6;

(c)the development assessment rules under the Planning Act.

s 51AP ins 2019 No. 11s 39

51AQ Other matters about Planning Act approvals

(1)Despite the Planning Act, section 119(2), the local government for the local government area to which the Planning Act approval relates must not give an infrastructure charges notice under that Act for the approval.

(2)However, if a change application or extension application made under the Planning Act is approved for the Planning Act approval, the local government may give an infrastructure charges notice under that Act for the Planning Act approval if the notice relates to the change to, or extension of, the Planning Act approval.

(3)Despite the Planning Act, section 139(1), a person can not make a conversion application under the Planning Act in relation to a condition of the Planning Act approval that was a PDA development condition of the PDA development approval.

(4)A regulation may—

(a)for the Planning Act, provide that development on former PDA land, or that is former PDA-associated development, is accepted development under that Act if—

(i)the Planning Act approval implies the development is to be carried out; and

(ii)immediately before the land ceased to be in a priority development area, or the development ceased to be PDA-associated development, the development was PDA accepted development; and

(iii)the development complies with any requirements for the development stated in the regulation; or

(b)if a condition of the Planning Act approval requires a document or thing to be given to, or approved by, MEDQ—state the entity the document or thing must be given to, or approved by, in place of MEDQ; or

(c)make provision about another matter necessary or convenient to give effect to the transition from the PDA development approval to the Planning Act approval for which this Act does not make provision or sufficient provision.

s 51AQ ins 2019 No. 11s 39

ch 3 pt 2 div 4A hdg ins 2019 No. 11s 40

51AR Application of division

This division applies if—

(a)either—

(i)land (the former PDA land) ceases to be in a priority development area; or

(ii)PDA-associated development (the former PDA-associated development) for a priority development area ceases to be PDA-associated development for the area; and

(b)a PDA development approval—

(i)was, immediately before the cessation, in effect for the former PDA land or former PDA-associated development; or

(ii)is given under division 4, subdivision 2 for the former PDA land or former PDA-associated development; and

(c)the PDA development approval involves an aspect (a water connection aspect) that—

(i)is in relation to a connection under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for which a water approval is required under that Act; and

(ii)for a PDA development approval that is prescribed by regulation and was in effect immediately before the cessation—is prescribed by a regulation that commences on or before the cessation.

s 51AR ins 2019 No. 11s 40

51AS References to cessation

In this division—

(a)a reference to cessation in relation to the former PDA land is, if the context permits, a reference to the time the land ceases to be in the priority development area; and

(b)a reference to cessation in relation to the former PDA-associated development is, if the context permits, a reference to the time the development ceases to be PDA-associated development for the priority development area.

s 51AS ins 2019 No. 11s 40

51AT Conversion of water connection aspects of PDA development approvals

(1)Subsection (2) applies if a water approval is in effect for the land to which the PDA development approval relates—

(a)for a PDA development approval that was in effect for the former PDA land or former PDA-associated development immediately before the cessation—immediately before the cessation; or

(b)otherwise—immediately before the PDA development approval is given.

(2)The water connection aspect of the PDA development approval is taken to be part of the water approval.

(3)If subsection (2) does not apply, the water connection aspect of the PDA development approval continues in effect as a PDA development approval—

(a)as if the cessation had not happened; and

(b)until the part of the PDA development approval that becomes, under division 4, subdivision 2, a Planning Act approval stops having effect.

(4)However, if a water approval is given for the land to which the PDA development approval relates while the water connection aspect is in effect as a PDA development approval under subsection (3), the water connection aspect is taken to be part of the water approval.

(5)To remove any doubt, it is declared that this section does not limit or otherwise affect a requirement under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for a water approval to be obtained for the making of a connection under that Act.

s 51AT ins 2019 No. 11s 40

51AU Provisions about water connection aspects that are taken to be part of water approvals

(1)This section applies if the water connection aspect of the PDA development approval is taken to be part of a water approval under section 51AT(2) or (4).

(2)A PDA development condition of the water connection aspect is taken to be a water approval condition of the water approval under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, even if the condition could not be imposed under that Act.

(3)Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, chapter 4C, part 4, there is no review or appeal right under that Act in relation to—

(a)the part of the water approval that was the water connection aspect; or

(b)a decision made under this Act in relation to the part of the water approval that was the water connection aspect.

(4)To remove any doubt, it is declared that subsection (3) does not limit or otherwise affect—

(a)an appeal mentioned in section 51AC(1)(a) or brought under section 51AD; or

(b)a review or appeal right under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, chapter 4C, part 4, in relation to a decision under section 99BRAK of that Act about a request to amend a water approval condition of the water approval.

(5)Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 99BRCI(2), a distributor-retailer must not give an infrastructure charges notice under that Act for the part of the water approval that was the water connection aspect.

(6)However, if the part of the water approval that was the water connection aspect is amended under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 99BRAK, an infrastructure charges notice may be given under that Act in relation to the amendment.

(7)Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 99BRDE(1), a person can not make a conversion application under that Act in relation to a condition of the water approval that was a PDA development condition.

(8)A regulation may—

(a)if the water connection aspect requires a document or thing to be given to, or approved by, MEDQ—state the entity the document or thing must be given to, or approved by, in place of MEDQ; or

(b)make provision about another matter necessary or convenient to give effect to the transition from the water connection aspect of the PDA development approval to the water approval for which this Act does not make provision or sufficient provision.

s 51AU ins 2019 No. 11s 40

ch 3 pt 2 div 4B hdg ins 2019 No. 11s 76

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 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.

s 51AV ins 2019 No. 11s 76

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.

s 51AW ins 2019 No. 11s 76

51ALawful uses relating to PDA-associated development

(1)This section applies if—

(a)a material change of use of premises is PDA-associated development for a priority development area; and

(b)the use of the premises as a consequence of the material change of use is a lawful use.

(2)The use is taken to also be a lawful use of the premises under the Planning Act.

s 51A ins 2016 No. 17s 99; 2016 No. 27s 179A

52Exchange of documents and information with other entities with planning or registration functions

(1)Subsection (2) applies on the declaration of a priority development area if a government entity, GOC or local government has planning or registration functions for land or development in the area.

(2)MEDQ may ask the government entity, GOC or local government to give MEDQ the documents or information the government entity, GOC or local government has that MEDQ reasonably needs to perform its functions.

(3)The entity must comply with the request within a reasonable period.

(4)If land ceases to be in a priority development area, MEDQ must give each entity performing functions mentioned in subsection (1) the documents or information MEDQ has that the entity needs to perform its functions.

(5)Documents or information required to be given under this section must be given free of charge.

53Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009

(1)The declaration of an area as a priority development area does not affect—

(a)the operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to the area; or

(b)the area of the relevant local government; or

(c)the jurisdiction, under the Acts, of the relevant local government.

(2)However, the performance of the relevant local government’s functions or the exercise of its powers under the Acts is subject to MEDQ’s functions or powers under this Act.

(3)A reference in subsection (1) to the declaration of an area as a priority development area includes a reference to the inclusion, under a boundary change regulation, of an additional area in a priority development area.

(4)Subsection (1) is subject to sections 51AW and 54.

s 53 amd 2019 No. 11ss 41, 77

54By-laws

(1)MEDQ may make by-laws under this Act for priority development areas about any matter for which a local law may be made, including the creation of offences.

(2)However, a by-law can not fix a penalty of more than—

(a)if the by-law replaces a local law—the maximum penalty units applying to a contravention of the local law it replaces; or

(b)otherwise—20 penalty units for an offence against the by-law.

(3)A by-law replaces a local law if—

(a)the local law no longer applies to a matter within a priority development area because a by-law provides that the local law does not apply, or applies with stated changes, within the priority development area; and

(b)the by-law applies to the matter within the priority development area.

(4)A by-law may provide that all or part of a stated local law does not apply, or applies with stated changes, within a priority development area.

(5)If a by-law provides that a stated local law does not apply, or applies with stated changes, within a priority development area, the local law does not apply, or applies with the stated changes, within the area.

(6)A by-law must be approved by the Governor in Council.

Note—

The effect of subsection (6) is that a by-law is subordinate legislation. See the Statutory Instruments Act 1992, sections 7, 8(b)(i) and 9(1)(a).

(7)A by-law prescribed by regulation is taken, for the Environmental Protection Act 1994, schedule 1, section 3(a) and (b), to be a local law.

s 54 amd 2019 No. 11s 42

55Application of div 1

(1)This division applies on the declaration of a priority development area.

(2)However, this division does not apply in relation to a provisional priority development area.

56Development scheme required

(1)As soon as practicable after the priority development area is declared, MEDQ must make a development scheme, under this division, for the entire priority development area.

(2)However, MEDQ may make more than 1 development scheme, under this division, for the priority development area if—

(a)more than 1 interim land use plan was made under section 38 for the priority development area; and

(b)each development scheme is made for 1 or more parts of the priority development area in which development is regulated by a single interim land use plan; and

(c)together, the development schemes provide for the entire priority development area.

(3)A development scheme is a statutory instrument.

(4)To remove any doubt, it is declared that the development schemes mentioned in subsection (2) may be made at different times.

s 56 sub 2019 No. 11s 43

57Content of development scheme

(1)A development scheme may provide for any matter that MEDQ considers will promote the proper and orderly planning, development and management of the relevant area.

(2)The development scheme must include—

(a)a land use plan regulating development in the relevant area; and

(b)a plan for infrastructure in the relevant area; and

(c)an implementation strategy to achieve the main purpose of this Act for the relevant area, to the extent it is not achieved by the land use plan or the plan for infrastructure.

(3)Without limiting subsection (2)(a), the land use plan may—

(a)provide for any matter about which a planning instrument may provide for an area; or

(b)identify any PDA assessable development or PDA accepted development in the relevant area; or

(c)identify development, other than development that is to be carried out entirely within the priority development area, as PDA-associated development for the priority development area; or

(d)prohibit the carrying out of particular PDA assessable development; or

(e)state that particular development is consistent or inconsistent with the plan; or

(f)require public notice of PDA development applications for stated PDA assessable development.

(4)However, the land use plan may, under subsection (3)(c), identify development as PDA-associated development for the priority development area only if MEDQ is satisfied—

(a)the Planning Act may have an adverse effect on the delivery of the development if the development were not identified as PDA-associated development for the area; and

(b)1 of the following applies—

(i)the development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose;

(ii)the development—

(A)promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and

(B)has an economic or community benefit for the State or for the region in which the priority development area is located; and

(C)can not reasonably be located or accommodated entirely within the priority development area;

(iii)the development satisfies another requirement prescribed by regulation; and

(c)the development does not compromise the implementation of the relevant development instrument for the priority development area.

(5)If the land use plan identifies development as PDA-associated development for the priority development area, the plan must also—

(a)identify whether the development is PDA assessable development or PDA accepted development; and

(b)include a description of the land on which the development is proposed to be located; and

(c)include a description of the development, including plans and supporting documentation.

(6)Despite subsections (1) and (2), the development scheme is subject to part 4, division 2.

(7)In this section—

relevant area, in relation to a development scheme for a priority development area, means—

(a)if the scheme applies for the entire priority development area—the priority development area; or

(b)otherwise—the part of the priority development area for which the scheme applies.

s 57 amd 2016 No. 17s 100; 2016 No. 27s 180; 2019 No. 11s 44

58Preparation of proposed development scheme

(1)MEDQ must, as soon as practicable, prepare a proposed development scheme for the entire priority development area, or part of the priority development area, as mentioned in section 56(1) or (2).

(2)However, before preparing the proposed scheme, MEDQ—

(a)must consult, in the way it considers appropriate, with the relevant local government; and

(b)must make reasonable endeavours to consult, in the way it considers appropriate, with any of the following MEDQ considers will be likely to be affected by the proposed development scheme—

(i)a government entity or GOC;

(ii)another person or entity.

(3)In preparing the proposed development scheme, MEDQ—

(a)must consider any relevant State interests; and

(b)must consider, but is not bound by, a requirement under any of the following relevant to the area the subject of the proposed development scheme—

(i)a planning instrument;

(ii)assessment benchmarks prescribed by regulation under the Planning Act;

(iii)assessment benchmarks made under another Act for the Planning Act.

s 58 amd 2019 No. 11s 45

59Public notification

After preparing the proposed development scheme, MEDQ must—

(a)publish the proposed scheme on the department’s website; and

(b)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice—

(i)stating that the proposed scheme is published on the department’s website; and

(ii)inviting persons to make submissions, within a stated period of at least 30 business days (the submission period), about the proposed scheme.

s 59 amd 2019 No. 11s 46

60Submissions on proposed scheme

Anyone may make submissions about the proposed development scheme within the submission period.

61Consideration of submissions

(1)MEDQ must consider any submissions received within the submission period.

(2)Subsection (1) does not prevent MEDQ from considering a submission made to it after the submission period has ended.

62Amendment of proposed scheme

(1)After complying with section 61, MEDQ may amend the proposed development scheme in any way it considers appropriate.

(2)If MEDQ considers the amendment significantly changes the proposed scheme, it must re-comply with sections 59 to 61 for the amended scheme.

63Making of development scheme

(1)MEDQ must, as soon as practicable after complying with sections 61 and 62—

(a)make the development scheme; and

(b)prepare a report that—

(i)summarises the submissions considered by MEDQ; and

(ii)contains information about the merits of the submissions and the extent to which the proposed development scheme was amended to reflect the submissions; and

(iii)contains details about any changes to the proposed development scheme published under section 59.

Note—

See also the Sustainable Ports Development Act 2015, section 29 for additional requirements for making a development scheme.

(2)MEDQ must publish the report on the department’s website.

(3)Also, MEDQ must—

(a)publish, on the department’s website, the development scheme made under subsection (1)(a); and

(b)publish a gazette notice stating that the development scheme is published on the department’s website.

s 63 amd 2015 No. 28s 54sch 2; 2019 No. 11s 47

64When development scheme takes effect

The development scheme takes effect at the beginning of the day the gazette notice under section 63(3)(b) is published.

s 64 sub 2019 No. 11s 48

65Notice of development scheme

MEDQ must, as soon as practicable after the development scheme takes effect—

(a)publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—

(i)the scheme has been approved; and

(ii)it may be inspected on the department’s website; and

(b)give the relevant local government, and each person who made a submission received within the submission period about the scheme, a notice that—

(i)the scheme has been approved; and

(ii)MEDQ’s report about the scheme can be inspected on the department’s website.

s 65 amd 2019 No. 11s 49

66General power to amend

MEDQ may amend a development scheme if—

(a)the amendment does not change the land use plan for the relevant priority development area in the scheme; or

(b)the amendment is a minor administrative amendment.

Note—

See also the Sustainable Ports Development Act 2015, section 29 for additional requirements for amending a development scheme.

s 66 sub 2014 No. 40s 10

amd 2015 No. 28s 54sch 2

67Power to amend to change land use plan

(1)MEDQ may amend a development scheme to change the land use plan for the relevant priority development area in the scheme only if procedures under division 1 for making development schemes have been followed.

(2)Division 1 applies to the amendment as if—

(a)a reference in the division to making a development scheme were a reference to the making of the amendment; and

(b)a reference in the division to a proposed development scheme were a reference to the proposed amendment; and

(c)a reference in section 59(b)(ii) to 30 business days were a reference to 15 business days.

(3)To remove any doubt, it is declared that an amendment mentioned in subsection (1) may be made even if it is materially detrimental to someone’s interests.

(4)In this section—

change, a land use plan, includes replace the land use plan.

s 67 amd 2014 No. 40s 11; 2019 No. 11s 50

68When amendment takes effect

An amendment of a development scheme takes effect at the beginning of the day the gazette notice under section 63(3)(b), as applied under section 67(2), is published in relation to the amendment.

s 68 sub 2019 No. 11s 51

69Notice of amendment

As soon as practicable after an amendment of a development scheme takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—

(a)the scheme has been amended; and

(b)the amended scheme is published on the department’s website.

s 69 sub 2019 No. 11s 51

71Development instruments prevail over particular instruments

(1)If there is a conflict between a development instrument and any of the following instruments, the development instrument prevails to the extent of the inconsistency—

(a)a planning instrument;

(b)assessment benchmarks prescribed by regulation under the Planning Act;

(c)assessment benchmarks made under another Act for the Planning Act.

(2)In this section—

development instrument means—

(a)a draft provisional land use plan; or

(b)a provisional land use plan; or

(c)an interim land use plan; or

(d)a development scheme.

s 71 amd 2016 No. 27s 181; 2019 No. 11s 53

ch 3 pt 4 hdg amd 2016 No. 17s 101

ch 3 pt 4 div 1AA hdg ins 2019 No. 11s 78

71A MEDQ may give PDA exemption certificate for particular PDA assessable development

(1)MEDQ may give a PDA exemption certificate for the carrying out of stated PDA assessable development if any of the following applies—

(a)the effects of the development would be minor or inconsequential having regard to the circumstances under which the development was categorised as PDA assessable development;

(b)the development was categorised as PDA assessable development only because of particular circumstances that no longer apply;

(c)the development was categorised as PDA assessable development because of an error.

(2)However, subsection (1) does not apply if the development is categorised as PDA assessable development under a regulation.

(3)In deciding whether to give a PDA exemption certificate under subsection (1), MEDQ must consider any relevant State interest.

(4)A PDA exemption certificate may be given subject to stated requirements.

(5)Without limiting subsection (4), a PDA exemption certificate may state a period within which—

(a)the PDA assessable development, or a stated part of it, must be completed; or

(b)a use that is the natural and ordinary consequence of the PDA assessable development must start; or

(c)if the PDA assessable development is, or includes, reconfiguring a lot—a plan of subdivision must be given to MEDQ for its approval under section 104.

(6)To the extent the development does not comply with a requirement stated under subsection (4) or (5), the PDA exemption certificate has no effect.

Note—

A person who carries out PDA assessable development without a PDA development permit for the development does not commit an offence against section 73(1) if the development is carried out under a PDA exemption certificate for the development. See section 73(2).

s 71A ins 2019 No. 11s 78

71B Notice of PDA exemption certificate

(1)This section applies if MEDQ gives a PDA exemption certificate for the carrying out of PDA assessable development.

(2)MEDQ must give the owner of the land the subject of the PDA exemption certificate a copy of the certificate.

(3)Also, MEDQ must publish, on the department’s website, a notice stating the following—

(a)that the PDA exemption certificate has been given;

(b)a description of the land the subject of the certificate;

(c)a description of the PDA assessable development to which the certificate relates, including any requirements imposed under section 71A(4) or (5);

(d)the reasons for giving the certificate.

s 71B ins 2019 No. 11s 78

71C Duration of PDA exemption certificate

(1)A PDA exemption certificate has effect for 2 years after the day it is given or any longer period stated in the certificate.

(2)Despite the expiry of a PDA exemption certificate, the following development that was started under the certificate may be completed as if the certificate had not expired—

(a)development that is reconfiguring a lot, if before the certificate expired a plan of subdivision for the development was given to MEDQ for its approval under section 104;

(b)development, other than reconfiguring a lot or making a material change of use of premises, if the development was substantially started under the certificate.

(3)Also, a use that is the natural and ordinary consequence of the development to which the PDA exemption certificate relates is taken to be a lawful use.

(4)Subsections (2) and (3) are subject to section 71A(6).

s 71C ins 2019 No. 11s 78

71D PDA exemption certificate attaches to land

A PDA exemption certificate—

(a)attaches to the land the subject of the certificate; and

(b)benefits the owner of the land, the owner’s successors in title and any occupier of the land.

s 71D ins 2019 No. 11s 78

72Application of div 1

This division applies subject to division 2 and section 171J.

s 72 amd 2020 No. 11s 9

73Carrying out PDA assessable development without PDA development permit

(1)A person must not carry out PDA assessable development without a PDA development permit for the development.

Maximum penalty—4,500 penalty units.

Note—

See also section 164 in relation to the liability of an executive officer of a corporation for an offence against this subsection committed by the corporation.

(2)However, a person does not commit an offence against subsection (1) if the PDA assessable development is carried out under a PDA exemption certificate for the development.

(3)Despite subsection (1), the maximum penalty is 17,000 penalty units if the PDA assessable development is—

(a)the demolition of a building identified in a relevant development instrument as a building of cultural heritage significance; or

(b)on a Queensland heritage place under the Queensland Heritage Act 1992.

s 73 amd 2016 No. 17s 102; 2019 No. 11s 79

75Compliance with PDA development approval

A person must not contravene a PDA development approval.

Maximum penalty—4,500 penalty units.

Note—

See also section 164 in relation to the liability of an executive officer of a corporation for an offence against this section committed by the corporation.

s 75 amd 2019 No. 11s 80

76Offence about use of premises

A person must not use premises in a priority development area, or premises subject to PDA-associated development for a priority development area, unless the use is a lawful use of the premises.

Maximum penalty—4,500 penalty units.

Note—

See also section 164 in relation to the liability of an executive officer of a corporation for an offence against this section committed by the corporation.

s 76 amd 2016 No. 17s 104; 2019 No. 11s 81

77Exemption for particular development approvals and designations under Planning Act

(1)This section applies to—

(a)a development approval under the Planning Act for land in a priority development area—

(i)granted under section 44(2); or

(ii)continued in force under section 45; and

(b)a designation under the Planning Act of premises in, or partly in, a priority development area.

(2)The carrying out of development or the use of premises under the approval or designation is not a PDA development offence.

s 77 amd 2016 No. 27s 182

78Lawful uses of premises protected

(1)This section applies if—

(a)a relevant development instrument, or an amendment of a relevant development instrument, takes effect for a priority development area; and

(b)immediately before the instrument or amendment took effect, either of the following was a lawful use of premises—

(i)a use of premises in the priority development area;

(ii)a use of premises as a consequence of a material change of use that was PDA-associated development for the priority development area.

(2)Neither the relevant development instrument nor the amendment can—

(a)stop the use from continuing; or

(b)further regulate the use; or

(c)require the use to be changed.

s 78 amd 2016 No. 17s 105

79Lawfully constructed buildings and works protected

To the extent a building has been lawfully constructed or works lawfully carried out, neither a relevant development instrument nor an amendment of a relevant development instrument can require the building or works to be altered or removed.

80Amendment of relevant development instrument does not affect existing development approval under Planning Act or PDA development approval

(1)This section applies if—

(a)a PDA development approval, or a development approval under the Planning Act for premises in a priority development area, is in effect; and

(b)after the approval is given, the relevant development instrument for the area is amended.

(2)To the extent the approval has not lapsed, the amendment does not stop or further regulate the relevant development, or otherwise affect the approval.

s 80 amd 2016 No. 17s 106; 2016 No. 27s 183

81Development or use carried out in emergency

(1)A person does not commit a PDA development offence if—

(a)the person carries out development or a use of premises 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 infrastructure that is not a building; and

(b)the person gives notice of the development or use that would otherwise be a PDA development offence to MEDQ 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 order to stop carrying out the development or use.

(3)In this section—

emergency means an event or situation that involves an imminent and definite threat requiring immediate action (whether before, during or after the event or situation), other than routine maintenance due to wear and tear.

Example of an action not done because of an emergency—

the carrying out, in winter, of a use or of building or operational work in anticipation of the next cyclone season

s 81 amd 2016 No. 27s 184

82How to make application

(1)Each PDA development application must—

(a)be made to MEDQ in the approved form; and

(b)contain, or be accompanied by, the consent of the owner of the relevant land; and

(c)be accompanied by the application fee decided by MEDQ.

Note—

A single application may be made for both a PDA preliminary approval and a PDA development permit.

(2)However, subsection (1)(b) does not apply to the extent the application is for operational work other than operational work below the high-water mark and outside the boundaries of a canal.

(3)The application is a properly made application only if—

(a)it complies with subsection (1); or

(b)MEDQ receives and, after considering any noncompliance with subsection (1), accepts the application.

(4)In this section—

canal see the Coastal Protection and Management Act 1995, schedule.

high-water mark see the Coastal Protection and Management Act 1995, schedule.

s 82 amd 2019 No. 11s 82

82A Notice of properly made application

(1)If a PDA development application is a properly made application, MEDQ must give the applicant a notice stating that—

(a)the application complies with section 82(1); or

(b)MEDQ has accepted the application under section 82(3)(b).

(2)The notice must state the date (the properly made date)—

(a)for an application mentioned in subsection (1)(a)—the application was made; or

(b)for an application mentioned in subsection (1)(b)—MEDQ accepted the application.

s 82A ins 2019 No. 11s 83

82B Application of subdivision

This subdivision applies in relation to a PDA development application that is a properly made application.

s 82B ins 2019 No. 11s 84

83Information requests to applicant

(1)MEDQ may, by notice (an information request), ask the applicant to, within a stated period of at least 20 business days, give further stated information relevant to the application that MEDQ needs to decide the application.

(2)However, an information request can not be made more than 20 business days after the properly made date for the application.

(3)An information request must include a notice stating that the application will lapse if the applicant fails to give MEDQ any of the stated information within a stated period of at least 6 months after the information request is made.

(4)If the applicant does not comply with the information request within the stated period or a longer period agreed between the applicant and MEDQ, MEDQ may refuse the application.

(5)However, MEDQ may refuse the application only if it has given the applicant at least 10 business days notice of its intention to do so.

(6)The inclusion in an information request of a notice under subsection (3) does not prevent MEDQ refusing the application under subsection (4).

s 83 amd 2019 No. 11s 85

83A Lapsing of application—failure to give any requested information

(1)This section applies if—

(a)an information request has been made in relation to the application; and

(b)the applicant fails to give MEDQ any of the requested information within—

(i)the period stated in the notice included in the information request under section 83(3); or

(ii)a longer period agreed between the applicant and MEDQ.

(2)The application lapses.

s 83A ins 2019 No. 11s 86

83BNotice of compliance with information request

(1)This section applies if—

(a)an information request has been made in relation to the application; and

(b)MEDQ is satisfied the applicant has complied with the information request within the period mentioned in section 83A(1)(b)(i) or (ii).

(2)MEDQ must give the applicant a notice stating that—

(a)the applicant has complied with the information request; and

(b)if section 84 applies for the application—the applicant may start to comply with section 84(2).

s 83B ins 2019 No. 11s 86

84Notice of application

(1)This section applies only if—

(a)the relevant development instrument for the relevant priority development area requires public notice of any part of the PDA development application; or

(b)the relevant development is—

(i)PDA-associated development declared for the relevant priority development area by MEDQ under section 40C(1); and

(ii)PDA assessable development; or

(c)MEDQ, within 20 business days after the properly made date for the application, gives the applicant notice that the applicant must comply with this section.

(2)The applicant must—

(a)publish a notice about the application in a newspaper circulating in the area of the relevant local government; and

(b)place the notice on the relevant land in the way prescribed under a regulation; and

(c)give a copy of the notice to—

(i)MEDQ; and

(ii)the owners of all land that adjoins the relevant land; and

(iii)each entity MEDQ requires the applicant to give a copy to.

(3)However, if an information request has been made in relation to the application, the applicant must not start to comply with subsection (2) until the applicant has been given a notice under section 83B in relation to the request.

(4)The notice must—

(a)state that—

(i)the applicant has made a PDA development application; and

(ii)the application may be inspected on the department’s website; and

(b)describe the relevant land; and

(c)generally describe the relevant development; and

(d)invite anyone to make submissions to MEDQ about the application within a stated period (the submission period); and

(e)state that the making of a submission does not give rise to a right of appeal against a decision about the application.

(5)The submission period—

(a)must not start before subsection (2) is complied with; and

(b)must be at least 20 business days; and

(c)must not include any business day from 20 December in a particular year to 5 January in the following year, both days inclusive.

(6)A requirement under subsection (2)(c)(iii) may be made only if MEDQ considers the entity has an interest in the outcome of the application.

s 84 amd 2016 No. 17 s 107; 2019 No. 11s 87

84AMEDQ must give notice of requirement to give compliance statement

(1)This section applies if the applicant is required to comply with section 84 for the application.

(2)MEDQ must give the applicant a notice stating that the application will lapse if the applicant does not, within a stated period of at least 40 business days after the notice is given, give MEDQ a compliance statement in relation to the application.

(3)However, the notice may not be given before—

(a)if an information request has been made in relation to the application—the applicant is given a notice under section 83B in relation to the request; or

(b)otherwise—the end of 20 business days after the properly made date for the application.

s 84A ins 2019 No. 11s 88

84B Lapsing of application—failure to give compliance statement

(1)This section applies if the applicant does not give MEDQ a compliance statement in relation to the application within—

(a)the period stated in the notice given to the applicant under section 84A(2); or

(b)a longer period agreed between the applicant and MEDQ.

(2)The application lapses.

(3)Subsection (2) applies whether or not the applicant has complied with section 84 for the application.

s 84B ins 2019 No. 11s 88

84C MEDQ must decide whether applicant has complied with s 84

(1)This section applies if the applicant gives MEDQ a compliance statement in relation to the application within—

(a)the period stated in the notice given to the applicant under section 84A(2); or

(b)a longer period agreed between the applicant and MEDQ.

(2)MEDQ must decide whether the applicant has substantially complied with section 84 for the application.

(3)If MEDQ decides the applicant has not substantially complied with section 84 for the application, it must give the applicant a notice stating—

(a)that the applicant has not substantially complied with section 84 for the application; and

(b)particulars of the applicant’s noncompliance; and

(c)that MEDQ may refuse the application if the applicant does not, within a stated period of at least 40 business days after the notice is given—

(i)comply with section 84 for the application; and

(ii)give MEDQ a further compliance statement in relation to the application; and

(d)that for deciding under section 84D(2) whether the applicant has substantially complied with section 84 for the application, an action taken by the applicant to comply with section 84 before the notice is given is taken not to have happened.

Example—

An applicant is given a notice under this section stating that the applicant has not substantially complied with section 84 because of a failure to give a notice required under section 84(2)(c)(ii). Although the applicant had taken action to comply with the other requirements of section 84, including publishing a notice under section 84(2)(a), for section 84D(2), the other actions are taken not to have happened. To substantially comply with section 84, the applicant must, after receiving the notice under this section, publish a new notice under section 84(2)(a) and substantially comply with the other requirements of section 84.

s 84C ins 2019 No. 11s 88

84D MEDQ must decide whether applicant given s 84C(3) notice has complied with s 84

(1)This section applies if the applicant—

(a)has been given a notice under section 84C(3); and

(b)gives MEDQ a further compliance statement in relation to the application within—

(i)the period stated in the notice; or

(ii)a longer period agreed between the applicant and MEDQ.

(2)MEDQ must decide whether the applicant has substantially complied with section 84 for the application.

(3)For subsection (2), an action taken by the applicant to comply with section 84 before the notice under section 84C(3) was given is taken not to have happened.

s 84D ins 2019 No. 11s 88

84E MEDQ may refuse application—failure to give further compliance statement or comply with s 84

(1)This section applies if the applicant has been given a notice under section 84C(3) and either of the following applies—

(a)the applicant fails, within the relevant period, to give MEDQ a further compliance statement in relation to the application;

(b)the applicant gives MEDQ a further compliance statement in relation to the application within the relevant period but MEDQ decides, under section 84D(2), that the applicant has not substantially complied with section 84 for the application.

(2)MEDQ may refuse the application.

(3)However, MEDQ may refuse the application only if it has given the applicant at least 10 business days notice of its intention to do so.

(4)In this section—

relevant period, in relation to a notice given under section 84C(3), means—

(a)the period stated in the notice; or

(b)a longer period agreed between the applicant and MEDQ.

s 84E ins 2019 No. 11s 88

84FNotice of refusal of application

(1)If MEDQ decides to refuse the application under section 83(4) or 84E(2), it must, within 5 business days after the decision is made, give the applicant notice of the decision.

(2)The notice must—

(a)be in the approved form; and

(b)state that MEDQ has decided to refuse the application; and

(c)state the reasons for the decision.

s 84F ins 2019 No. 11s 88

85Deciding application generally

(1)MEDQ can not decide the application unless MEDQ is satisfied—

(a)if an information request has been made in relation to the application—the applicant has been given a notice under section 83B in relation to the request; and

(b)if section 84 applies for the application—MEDQ has decided under section 84C(2) or 84D(2) that the applicant has substantially complied with section 84 for the application; and

(c)the submission period for the application has ended; and

(d)if the relevant development is in a provisional priority development area for which the relevant development instrument is a draft provisional land use plan—

(i)the development is categorised under a relevant local categorising instrument as accepted development; or

(ii)both of the following apply—

(A)the development is categorised under a relevant local categorising instrument as assessable development requiring code assessment;

(B)if the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks.

(2)Subject to sections 83(4) and 84E(2), MEDQ must decide the application within 40 business days after it is satisfied as mentioned in subsection (1).

(3)However, a failure to comply with subsection (2) does not prevent MEDQ from deciding the application.

(4)MEDQ must decide to—

(a)grant all or part of the PDA development approval applied for; or

(b)grant all or part of the PDA development approval applied for subject to conditions decided by MEDQ (each a PDA development condition); or

(c)refuse to grant a PDA development approval.

(5)To remove any doubt, it is declared that—

(a)MEDQ may give a PDA preliminary approval even though the applicant sought a PDA development permit; and

(b)if MEDQ approves only part of an application, the balance of the application is taken to have been refused.

(6)In this section—

relevant local categorising instrument, in relation to relevant development in a provisional priority development area, means a local categorising instrument within the meaning of the Planning Act that applies for the area to which the application relates.

s 85 amd 2019 No. 11ss 55, 89

86Restrictions on granting approval

(1)MEDQ can not grant the PDA development approval applied for if the relevant development would be inconsistent with the relevant development instrument for the relevant priority development area unless—

(a)a preliminary approval under the Planning Act is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or

(b)a PDA preliminary approval is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or

(c)for a priority development area other than a provisional priority development area—there is a proposed development scheme and the relevant development would be consistent with the proposed development scheme.

(2)To remove any doubt, it is declared that subsection (1) does not require MEDQ to grant the PDA development approval only because subsection (1)(a), (b) or (c) applies.

(2A)If PDA-associated development is declared for a priority development area under section 40C(1), the development is not inconsistent with the relevant development instrument for the area only because the instrument does not identify the development or adequately provide for its assessment.

(3)In this section—

proposed development scheme, for the relevant priority development area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 59, or section 59 as applied under section 67, that has not taken effect.

s 86 amd 2016 No. 17s 108; 2016 No. 27s 185

87Matters to be considered in making decision

(1)In deciding the application, MEDQ must consider—

(a)the main purpose of this Act; and

(b)any relevant State interest; and

(c)any submissions made to it about the application, during the submission period; and

(d)the following instruments—

(i)for an application for development in, or PDA-associated development for, a provisional priority development area—

(A)if a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or

(B)otherwise—the draft provisional land use plan for the area;

(ii)for an application for development in, or PDA-associated development for, another priority development area—

(A)if a development scheme is in effect for the area when the application is decided—the development scheme; or

(B)if a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or

(C)if a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and

(e)any PDA preliminary approval in force for the relevant land; and

(f)any preliminary approval under the Planning Act in force for the relevant land.

(2)Also, in deciding an application for development in, or PDA-associated development for, a priority development area other than a provisional priority development area, if—

(a)there is—

(i)a development scheme or interim land use plan for the area; and

(ii)a proposed development scheme for the area; and

(b)the proposed development scheme was prepared after the development scheme or interim land use plan took effect;

MEDQ may, subject to section 86, give the weight it considers appropriate to the proposed scheme.

(3)In deciding an application for PDA-associated development for a priority development area, MEDQ may, subject to section 86, give the weight it considers appropriate to any of the following instruments that would, under the Planning Act, have regulated the development if it were not PDA-associated development for the area—

(a)a planning instrument that applies to the relevant land;

(b)assessment benchmarks for the development prescribed by regulation under the Planning Act;

(c)assessment benchmarks for the development made under another Act for the Planning Act.

(4)Subsection (1)(c) does not prevent MEDQ from considering a submission about the application made to it after the submission period has ended.

(5)Subsection (6) applies for deciding an application for development in, or PDA-associated development (other than PDA-associated development declared under section 40C(1)) for, a priority development area if—

(a)more than 1 development scheme, or more than 1 interim land use plan, is in effect for the area; or

(b)1 or more development schemes and 1 or more interim land use plans are in effect for the area.

(6)A reference in subsection (1)(d)(ii) or (2) to the development scheme, proposed development scheme or interim land use plan for the priority development area is—

(a)for an application for development in the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that applies or is proposed for the part of the area in which the development is to be carried out; or

(b)for an application for PDA-associated development (other than PDA-associated development declared under section 40C(1)) for the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that identifies the development as PDA-associated development.

(7)In this section—

proposed development scheme, for a priority development area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 59, or section 59 as applied under section 67, that has not taken effect.

s 87 amd 2016 No. 17s 109; 2016 No. 27s 186; 2019 No. 11s 56

88PDA development conditions

Without limiting section 85(4), a PDA development condition may—

(a)nominate a stated entity to be the nominated assessing authority for the condition; or

(b)relate to infrastructure, and the payment of charges or the surrender of land for infrastructure, for any priority development area; or

(c)require compliance with an infrastructure agreement that relates to the relevant land; or

(d)require the making of stated improvements to the relevant land; or

(e)impose a condition or restriction on a disposal of the relevant land.

s 88 amd 2014 No. 40s 12; 2019 No. 11s 57

89Decision notice

(1)MEDQ must, within 5 business days after deciding the application, give notice of the decision (the decision notice) to—

(a)the applicant; and

(b)the relevant local government; and

(c)if the decision was to grant a PDA development approval—any nominated assessing authority.

(2)The decision notice must—

(a)be in the approved form; and

(b)state the decision; and

(c)state any PDA development conditions decided.

(3)If the decision was to refuse to grant an approval, the decision notice must state the reasons for the refusal.

(4)If the decision was to grant a PDA development approval, MEDQ must, when giving the decision notice to an entity mentioned in subsection (1), also give the entity a copy of any plans and specifications approved by MEDQ concerning the approval.

90Right of appeal against particular conditions

(1)This section applies if a PDA development condition includes a nominated assessing authority (the entity).

(2)The person who made the relevant PDA development application may appeal to the Planning and Environment Court against MEDQ’s decision to impose the condition.

(3)An appeal under subsection (2) must be started within 20 business days after the day the applicant is given notice of the decision.

(4)An appellant starts an appeal by lodging, with the registrar of the Planning and Environment Court, a written notice of appeal that—

(a)is in the approved form; and

(b)succinctly states the grounds of the appeal.

(5)The Planning and Environment Court Act 2016, part 5 applies, with necessary changes, to the appeal as if—

(a)the appeal were a Planning Act appeal under that Act; and

(b)the entity were the only other party to the appeal.

(6)However—

(a)the appellant must, as soon as practicable after giving the entity the notice of appeal, give MEDQ a copy of the notice; and

(b)MEDQ may, by lodging a notice of election with the registrar of the court, elect to become a party to the appeal.

(7)MEDQ must give the other parties a copy of the notice of election as soon as practicable after it is lodged.

s 90 amd 2016 No. 27s 187

91Approved material change of use required for particular developments

(1)This section applies if, when a PDA development application is made—

(a)a structure or works, the subject of the application, may not be used unless a PDA 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 PDA 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.

92Changing application

(1)A PDA development application may be changed by the applicant only if—

(a)the applicant has given MEDQ a notice stating details of the proposed change; and

(b)MEDQ has agreed in writing to the making of the change.

(2)The agreement under subsection (1)(b) may be given only if MEDQ is satisfied the change would not result in the relevant development being substantially different.

93Withdrawing application

A PDA development application may be withdrawn by the applicant by notice given to MEDQ at any time before the application is decided.

Note—

See section 129A in relation to the refunding and waiving of fees.

s 93 amd 2019 No. 11s 90

94Types of PDA development approvals

(1)A PDA preliminary approval is a PDA development approval that—

(a)approves development, but does not authorise PDA 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)A PDA development permit is a PDA development approval that authorises the carrying out of PDA assessable development—

(a)to the extent provided for under the permit; and

(b)subject to—

(i)the conditions of the permit; and

(ii)any PDA preliminary approval relating to the development the permit authorises, including any conditions of the PDA preliminary approval.

(3)There is no requirement to get a PDA preliminary approval for development.

Note—

PDA preliminary approvals assist in the staging of approvals.

95Duration of approval

(1)A PDA development approval has effect from when the decision notice for the relevant PDA development application is given.

(2)The relevant development may, subject to any relevant PDA development conditions, start when the approval takes effect.

(3)However, the approval ceases to have effect if it—

(a)is cancelled under section 98; or

(b)lapses under section 100 or 102.

96Approval attaches to the relevant land

(1)A PDA development approval attaches to the relevant land, and binds its 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 under the PDA development approval.

97Provision for enforcement of PDA development conditions

(1)If there is a nominated assessing authority for a PDA development condition imposed on a PDA development approval, the Planning Act, chapter 5, part 3, and any other Act mentioning a development approval under the Planning Act, applies to the condition as if—

(a)the PDA development approval were a development approval under the Planning Act; and

(b)the nominated assessing authority were an enforcement authority under the Planning Act for development under the PDA development approval; and

(c)a reference in the Planning Act, chapter 5, part 3, or the other Act, to a development offence under the Planning Act were a reference to a PDA development offence.

(2)To remove any doubt, it is declared that this section does not limit or otherwise affect MEDQ’s ability to apply for an enforcement order or to start a proceeding under this Act relating to the condition.

s 97 amd 2016 No. 27s 188

98Cancellation

(1)MEDQ may cancel a PDA development approval only if the owner of the relevant land consents in writing to the cancellation.

Note—

See section 129A in relation to the refunding and waiving of fees.

(2)However, MEDQ can not cancel the PDA development approval if the relevant development has substantially commenced.

s 98 amd 2019 No. 11s 91

99Application to change PDA development approval

(1)A person may apply (the amendment application) to MEDQ to change a PDA development approval.

(2)However, the amendment application may be made only if MEDQ is satisfied the change would not result in the relevant development being substantially different.

(3)Division 3 applies for the amendment application as if—

(a)a reference in the division to a PDA development application were a reference to the amendment application; and

(b)a reference in the division to a PDA development approval were a reference to a changed PDA development approval; and

(c)a reference in the division to the granting of a PDA development approval were a reference to the making of the change.

(4)Despite subsection (3), section 84(2) to (6) applies for the amendment application only in a circumstance mentioned in section 84(1)(c).

s 99 amd 2016 No. 17s 110; 2019 No. 11ss 58, 92

100When approval lapses generally

(1)This section applies subject to section 102(5) and any extension granted under section 102.

(2)A PDA development approval lapses at the end of its currency period unless—

(a)for development that is a material change of use—the change of use happens before the currency period ends; or

(b)for development that is reconfiguring a lot—the plan for the reconfiguration of the lot is given to MEDQ for its approval before the currency period ends; or

(c)for development not mentioned in paragraph (a) or (b)—development under the approval substantially starts before the currency period ends.

(3)To the extent the PDA development approval is for development other than a material change of use or reconfiguring a lot, its currency period is—

(a)generally—2 years from the day the approval takes effect (the day of effect); or

(b)if the approval states a different period—the stated period.

(4)To the extent the PDA development approval is for development that is a material change of use, its currency period is—

(a)6 years from the day of effect; or

(b)if the approval states a different period—the stated period.

(5)To the extent the PDA development approval is for development that is reconfiguring a lot, its currency period is—

(a)4 years from the day of effect; or

(b)if the approval states a different period—the stated period.

s 100 amd 2016 No. 27s 189

101Application to extend currency period

(1)Before a PDA development approval lapses under section 100(2), a person having an interest in the relevant land may apply to MEDQ to extend the approval’s currency period applying under section 100.

(2)However, an application under subsection (1) can not be made for a PDA development approval for a provisional priority development area.

(3)The application must be—

(a)in the approved form; and

(b)made before the currency period ends; and

(c)accompanied by the application fee decided by MEDQ.

102Deciding extension application

(1)This section applies if an application for an extension is made under section 101.

(2)Before granting or refusing the extension, MEDQ must consult with each nominated assessing authority under the PDA development approval.

(3)MEDQ must grant or refuse the extension within—

(a)generally—20 business days after the making of the application; or

(b)if, during the 20 business days, MEDQ and the applicant agree on a longer period—the longer period.

(4)MEDQ must, within 5 business days after making the decision, give notice of the decision to the applicant and each nominated assessing authority under the PDA development approval.

(5)Despite section 100, the PDA development approval does not lapse until MEDQ has given the applicant the notice under subsection (4).

(6)If the decision was to refuse the extension, the notice must state the reasons for the refusal.

103Use or preservation covenants

(1)A use or preservation covenant entered into in connection with a PDA development application is of no effect unless the covenant is required under—

(a)a PDA development condition; or

(b)an infrastructure agreement.

(2)If the PDA development condition or infrastructure agreement under which a use or preservation covenant is required is changed in a way that affects rights or responsibilities under the covenant—

(a)the covenantee and the covenantor must execute an instrument that amends the covenant to reflect the change; and

(b)the covenantor must register the instrument.

(3)Also, the covenantee under a use or preservation covenant must register an instrument releasing the covenant if—

(a)the PDA development condition or infrastructure agreement under which the covenant was required ceases to require the covenant; or

(b)for a covenant required under a PDA development condition—the PDA development approval that was subject to the condition lapses or otherwise ends; or

(c)for a covenant required under an infrastructure agreement—the infrastructure agreement lapses or otherwise ends.

(4)In this section—

register, an instrument in relation to a use or preservation covenant, means—

(a)if the covenant is registered under the Land Act 1994—register the instrument under that Act; or

(b)if the covenant is registered under the Land Title Act 1994—register the instrument under that Act.

use or preservation covenant means a covenant mentioned in the Land Act 1994, section 373A(5)(a) or (b) or the Land Title Act 1994, section 97A(3)(a) or (b).

s 103 amd 2016 No. 17s 111

sub 2019 No. 11s 93

104Plans of subdivision

(1)This section applies to a plan of subdivision if, under another Act, the plan requires MEDQ’s approval, in whatever form, before the plan can be registered or otherwise recorded under that Act.

(2)In deciding whether to approve the plan of subdivision, MEDQ must comply with the process prescribed by regulation for approving plans of subdivision.

(3)In this section—

authorised electricity entity means an authorised electricity entity—

(a)to which the Acquisition of Land Act 1967 applies in the circumstances mentioned in the Electricity Act 1994, section 116(4); and

(b)as defined in section 116(8) of the Electricity Act 1994.

constructing authority see the Acquisition of Land Act 1967, schedule 2.

plan of subdivision means a plan or agreement (however described) for reconfiguring a lot—

(a)unless the reconfiguration relates to—

(i)the acquisition of land, including by agreement, under the Acquisition of Land Act 1967, by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or

(ii)the acquisition of land by agreement, other than under the Acquisition of Land Act 1967, by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or

(iii)land held by the State, or a statutory body representing the State, that is being reconfigured for a purpose for which land may be taken under the Acquisition of Land Act 1967, whether or not the land relates to an acquisition of land; or

(iv)the acquisition of land for water infrastructure; or

(v)a lot that is, or includes, airport land under the Airport Assets (Restructuring and Disposal) Act 2008; or

(vi)a lot that is, or includes, strategic port land or Brisbane core port land under the Transport Infrastructure Act 1994; or

(b)other than a plan of survey lodged under the Acquisition of Land Act 1967, section 12A as a result of a reconfiguration relating to an acquisition of land mentioned in paragraph (a)(i).

s 104 amd 2014 No. 40s 13

sub 2016 No. 27s 190

ch 3 pt 5 hdg sub 2019 No. 11s 94

ch 3 pt 5 div 1AA hdg ins 2019 No. 11s 95

104A Application of Planning Act provisions for enforcement notices

(1)The Planning Act, chapter 5, part 3 applies in relation to a PDA development offence, with necessary changes, as if—

(a)a reference in the part to an enforcement authority were a reference to MEDQ; and

(b)a reference in the part to a development offence were a reference to a PDA development offence; and

(c)a reference in the part to a development permit were a reference to a PDA development permit; and

(d)a reference in the part to accepted development were a reference to PDA accepted development; and

(e)the reference in the part to a development approval were a reference to a PDA development approval; and

(f)the reference in section 172(c) of that Act to appealing the decision on the application were a reference to appealing the decision on the application to grant the PDA development permit subject to a PDA development condition that includes a nominated assessing authority for the condition.

(2)Also, the Planning Act, section 229 and schedule 1 apply in relation to a decision to give an enforcement notice under chapter 5, part 3 of that Act, as applied under subsection (1) and, for that purpose, schedule 1 applies as if a reference in the schedule to the enforcement authority were a reference to MEDQ.

(3)To remove any doubt, it is declared that this section does not limit or otherwise affect MEDQ’s ability to apply for an enforcement order, or to take any other action under this Act, in relation to the PDA development offence.

s 104A ins 2019 No. 11s 95

105Starting proceeding for enforcement order

(1)MEDQ may start a proceeding in the Planning and Environment Court—

(a)for an enforcement order to remedy or restrain the commission of a PDA development offence; or

(b)if MEDQ has started a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 106.

(2)A proceeding for an enforcement order may be started whether or not anyone’s right has been, or may be, infringed by, or because of, the commission of the offence.

106Making interim enforcement order

(1)The Planning and Environment Court may make an order pending a decision of a proceeding for an enforcement order if the court is satisfied it would be appropriate to make the order.

(2)The court may make the order subject to conditions.

(3)However, a condition can not require MEDQ to give an undertaking about damages.

107Making enforcement order

(1)The Planning and Environment Court may make an enforcement order if the court is satisfied the relevant offence—

(a)is being, or has been, committed; or

(b)will be committed unless the enforcement order is made.

(2)If the court is satisfied the offence is being or has been committed, it may make the order whether or not there has been a prosecution for the offence.

108Effect of enforcement order

(1)An enforcement order may direct a party to the proceeding for the order—

(a)to stop an activity that constitutes, or will constitute, a PDA development offence; or

(b)not to start an activity that will constitute a PDA development offence; or

(c)to do anything required to stop committing a PDA development offence; or

(d)to return anything to a condition as close as practicable to the condition it was in immediately before a PDA development offence was committed; or

(e)to do anything about a development or use to comply with this Act.

(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 be in terms the court considers appropriate to secure compliance with this Act.

(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.

root zone, of a tree or plant, means—

(a)the roots of the tree or plant, including any buttress roots; or

(b)the soil in or on which the roots are situated—

(i)of an area measured by extending horizontally in all directions from the base of the trunk of the tree or plant to the points that are vertically below the ends of its outermost branches; and

(ii)to a depth of 1m below the surface of the soil.

vegetation—

(a)means a tree or plant, whether living or dead; and

(b)includes—

(i)the regrowth of a tree or plant; and

(ii)the root zone of a tree or plant.

s 108 amd 2019 No. 11ss 59, 96

109Powers 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

(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.

s 109 amd 2016 No. 27s 191

110Offence to contravene enforcement order

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

Maximum penalty—4,500 penalty units or 2 years imprisonment.

Note—

See also—

(a)section 164 in relation to the liability of an executive officer of a corporation for an offence against this section committed by the corporation; and

(b)the Planning and Environment Court Act 2016, section 36.

s 110 amd 2016 No. 27s 192; 2019 No. 11s 97

111Orders Magistrates Court may make in PDA offence proceeding

(1)If a Magistrates Court convicts a defendant of a PDA development offence, the court may make an order against the defendant that the court 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 work carried out; 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 PDA development approval or a relevant development instrument; or

(e)for development that has started—to make a PDA development application for the development.

(4)The order must state the time by which, or period within which, the order must be complied with.

s 111 amd 2019 No. 11s 98

112Offence to contravene Magistrates Court order

A person against whom an order under section 111 has been made must comply with the order.

Maximum penalty—4,500 penalty units or 2 years imprisonment.

Note—

See also section 164 in relation to the liability of an executive officer of a corporation for an offence against this section committed by the corporation.

s 112 amd 2019 No. 11s 99

112A Order for compensation

(1)This section applies if a Magistrates Court—

(a)convicts a defendant of a PDA development offence; and

(b)finds that, because of the offence, another person has—

(i)suffered loss of income; or

(ii)suffered a reduction in the value of, or damage to, property; or

(iii)incurred expenses to replace or repair property or prevent or minimise, or attempt to prevent or minimise, the loss, reduction or damage.

(2)The Magistrates Court may order the defendant to pay the other person compensation for the loss, reduction or damage suffered or the expenses incurred.

(3)This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

s 112A ins 2019 No. 11s 100

112B Order for investigation expenses

(1)This section applies if—

(a)a Magistrates Court—

(i)convicts a defendant of a PDA development offence; and

(ii)finds that MEDQ has reasonably incurred expenses in taking a sample or conducting an inspection, test, measurement or analysis during the investigation of the offence; and

(b)MEDQ applies for an order for the payment of the expenses.

(2)The Magistrates Court may order the defendant to pay MEDQ a reasonable amount for the expenses if the court considers it would be just to do so in the circumstances.

(3)This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.

s 112B ins 2019 No. 11s 100

113MEDQ may remedy noncompliance with particular orders

(1)This section applies if a person against whom an enforcement order, or an order under section 111, has been made does not comply with the order within the period stated in the order.

(2)MEDQ may—

(a)take the action required under the order; and

(b)recover the reasonable costs of taking the action as a debt owing by the person to MEDQ.

s 113 sub 2019 No. 11s 101

114Planning and Environment Court may make declarations

(1)MEDQ may bring a proceeding in the Planning and Environment Court for a declaration about—

(a)a matter done, to be done or that should have been done for this chapter or the repealed ULDA Act; or

(b)the construction of this chapter or the repealed ULDA Act; or

(c)the lawfulness of land use or development relating to a priority development area.

(2)The court may make an order about a declaration made under subsection (1).

(3)Subsection (4) applies to a proceeding mentioned in subsection (1) if the land to which the proceeding relates ceases to be in, or to be PDA-associated land for, a priority development area.

(4)To remove any doubt, it is declared that the proceeding is not affected only because the land has ceased to be in, or to be PDA-associated land for, a priority development area.

s 114 amd 2014 No. 40s 14; 2016 No. 17s 112

ch 3 pt 6 hdg sub 2014 No. 40s 15

ch 3 pt 6 div 1 hdg ins 2014 No. 40s 15

115Levying special rates or charges

(1)MEDQ may make and levy on owners or occupiers of rateable land in a priority development area, or rateable land that is PDA-associated land for a priority development area, a special rate or charge on the land if—

(a)the rate or charge is for a service, facility or activity provided by MEDQ, or by a local government or someone else at MEDQ’s request; and

(b)in MEDQ’s opinion—

(i)the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or

(ii)the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity.

(2)The special rate or charge may be made and levied on the bases MEDQ considers appropriate.

Note—

See also section 117 in relation to the recovery of a special rate or charge.

(3)MEDQ may fix a minimum amount of the special rate or charge.

(4)Without limiting subsection (2), the amount of the special rate or charge may vary according to the extent to which, in MEDQ’s opinion—

(a)the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or

(b)the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity.

(5)MEDQ’s instrument making the special rate or charge must identify—

(a)the rateable land to which the rate or charge applies; and

(b)the overall plan for the supply of the service, facility or activity.

(6)The overall plan must—

(a)be adopted by MEDQ either before, or at the same time as, MEDQ first makes the special rate or charge; and

(b)identify the rateable land to which the rate or charge applies; and

(c)describe the service, facility or activity; and

(d)state the estimated cost of implementing the overall plan; and

(e)state the estimated time for implementing the overall plan.

(7)MEDQ may identify parcels of rateable land to which the rate or charge applies in any way MEDQ considers appropriate.

(8)Subsection (1) is taken to have been complied with if the special rate or charge is made and levied on—

(a)all rateable land that, at the time of making and levying the rate or charge, could reasonably be identified as land on which the rate or charge may be made and levied; or

(b)all rateable land on which the rate or charge may be made and levied, other than land accidentally omitted.

s 115 amd 2014 No. 40s 16; 2016 No. 17s 113

116Application of special rate or charge

(1)A special rate or charge collected for a particular service, facility or activity must be used for that purpose.

(2)However, the special rate or charge need not be held in trust.

ch 3 pt 6 div 2 hdg ins 2014 No. 40s 17

116ADefinitions for div 2

In this division—

charge area means 1 of the following identified in an authorising instrument—

(a)a single priority development area;

(b)a part of a single priority development area;

(c)an area consisting of 2 or more priority development areas, or parts of 2 or more priority development areas, in the same local government area;

(d)PDA-associated land for a priority development area.

s 116A def charge area amd 2016 No. 17s 114

provision, of infrastructure, includes coordination of the provision of the infrastructure.

s 116A ins 2014 No. 40s 17

116BMaking and levying charge

(1)Subsection (2) applies if MEDQ incurs, or reasonably expects to incur, an expense for the provision of infrastructure in relation to land in a charge area.

(2)MEDQ may, by instrument (the authorising instrument), make and levy on owners of rateable land in the charge area a charge (an infrastructure expenses recoupment charge) on the rateable land to recoup, or provide for payment of, the expense.

(3)However, subsection (2) does not apply if—

(a)the infrastructure is a facility or service for which a special rate or charge has been made and levied; or

(b)the expense is recouped or provision is made for payment of the expense, other than by levying the charge.

(4)Subsection (2) is taken to have been complied with if the charge is made and levied on—

(a)all rateable land that, at the time of making and levying the charge, could reasonably be identified as land on which the charge may be made and levied; or

(b)all rateable land on which the charge may be made and levied, other than land accidentally omitted.

(5)To remove any doubt, it is declared that subsection (2) applies even if MEDQ incurred, or reasonably expected to incur, the expense for the provision of infrastructure in relation to the land before the land was in a charge area.

s 116B ins 2014 No. 40s 17

116CRequirements for authorising instrument

(1)The authorising instrument for an infrastructure expenses recoupment charge must—

(a)identify—

(i)the charge area to which the charge relates; and

(ii)the rateable land to which the charge applies; and

(iii)the overall plan for the provision of the infrastructure to which the charge relates; and

(b)state—

(i)the amount of the charge for the residential land in the charge area; and

(ii)the way the amount of the charge for the non-residential land in the charge area is worked out; and

(iii)the rate, by reference to a stated index that is relevant to the estimated cost of the provision of infrastructure, by which the amount of the charge can be increased; and

(iv)the intervals at which the amount of the charge can be increased.

(2)The overall plan must—

(a)describe the infrastructure to which the charge relates; and

(b)state the estimated expenses and time for the provision of the infrastructure.

(3)MEDQ may identify parcels of rateable land to which the charge applies in any way MEDQ considers appropriate.

(4)In this section—

non-residential land means rateable land other than residential land.

residential land means rateable land for which a residential use under a development scheme is provided.

s 116C ins 2014 No. 40s 17

116DBasis and amount of charge

(1)An infrastructure expenses recoupment charge may be made and levied on the bases MEDQ considers appropriate.

Note—

See also section 117 in relation to the recovery of the charge.

(2)Without limiting subsection (1), MEDQ may—

(a)fix a minimum amount of the charge; or

(b)decide whether a discount for payment of the charge applies and the amount and terms of any discount.

(3)However, an infrastructure expenses recoupment charge may be increased by no more than the rate, and only at the intervals, stated in the authorising instrument for the charge.

s 116D ins 2014 No. 40s 17

116EMaking and levying of charge by superseding public sector entity

(1)This section applies if—

(a)MEDQ has made and levied an infrastructure expenses recoupment charge to recoup an incurred expense, or provide for the payment of an expected expense, for the provision of infrastructure (the planned infrastructure) in relation to land (the relevant land) in a charge area consisting of the whole or part of a priority development area or PDA-associated land for a priority development area; and

(b)the relevant land ceases to be in, or to be PDA-associated land for, a priority development area.

(2)However, this section does not apply for an expense that MEDQ has recouped.

(3)On and after the cessation—

(a)the infrastructure expenses recoupment charge is taken to have been made and levied by the superseding public sector entity for the infrastructure; and

(b)the superseding public sector entity may continue to make and levy the infrastructure expenses recoupment charge.

(4)For subsection (3)(b), this division, other than section 116B(1) and (5) and this section, applies as if a reference in the division to MEDQ were a reference to the superseding public sector entity.

(5)However, to remove any doubt, it is declared that subsections (3)(b) and (4) do not authorise the superseding public sector entity to make and levy an infrastructure expenses recoupment charge to recoup or provide for an expense, other than for the provision of the planned infrastructure.

s 116E ins 2014 No. 40s 17

amd 2016 No. 17s 115; 2019 No. 11s 60

ch 3 pt 6 div 3 hdg ins 2014 No. 40s 17

116FDefinitions for div 3

In this division—

charge notice see section 116G(1).

charging entity means—

(a)for an infrastructure expenses recoupment charge made and levied, or taken to have been made and levied, by a superseding public sector entity—the public sector entity; or

(b)otherwise—MEDQ.

relevant charge means—

(a)a special rate or charge; or

(b)an infrastructure expenses recoupment charge.

s 116F ins 2014 No. 40s 17

116GCharge notice

(1)The charging entity must give the owner of each parcel of rateable land on which a relevant charge is levied notice of the charge (a charge notice).

(2)The charge notice must state—

(a)the rateable land and the relevant charge; and

(b)the amount of the charge payable; and

(c)the due date for payment of the charge; and

(d)if a discount for the charge applies—

(i)the terms of the discount; and

(ii)the last day of the discount period; and

(e)the ways in which the charge may be paid.

(3)The charge notice may form part of another notice given by the charging entity to the owner of the land.

Example of another notice given by a charging entity—

a rate notice given by a local government

s 116G ins 2014 No. 40s 17

117Recovery of relevant charge

(1)A relevant charge does not become owing until 20 business days after the owner of the land on which the charge is levied is given a charge notice for the charge.

(2)If there is more than 1 owner of the land, all the owners are jointly and severally liable to pay the amount.

(3)If the amount becomes owing under subsection (1), the charging entity may recover it from the owner as a debt.

(4)Also, the charging entity may recover the amount from the owner for the time being of the land.

(5)If the charging entity may recover the amount under this section, the local government overdue rates or charges provisions apply for the amount as if—

(a)the relevant charge were a rate or charge under the Local Government Act 2009 or the City of Brisbane Act 2010 on the land to which the relevant charge applies; and

(b)a reference in the provisions to overdue rates and charges were a reference to the amount; and

(c)a reference in the provisions to a local government or the council were a reference to the charging entity; and

(d)a reference in the provisions to the chief executive officer of a local government or the council were a reference to the following—

(i)if the charging entity is MEDQ—MEDQ;

(ii)if the charging entity is a superseding public sector entity—the chief executive or chief executive officer of the entity.

(6)For land on which a special rate or charge is levied, a reference in subsection (1), (2) or (3) to the owner of the land includes a reference to the occupier of the land.

(7)In this section—

local government overdue rates or charges provisions means—

(a)for land outside the City of Brisbane—the following provisions—

(i)the Local Government Act 2009, section 95;

(ii)each provision of a regulation made under the Local Government Act 2009, section 96; or

(b)for land in the City of Brisbane—the following provisions—

(i)the City of Brisbane Act 2010, section 97;

(ii)each provision of a regulation made under the City of Brisbane Act 2010, section 98.

s 117 sub 2014 No. 40s 18

ch 3 pt 7 hdg amd 2016 No. 17s 116

118Application of pt 7

This part applies to an infrastructure agreement to which MEDQ is a party if it relates to land that is or was—

(a)in a priority development area; or

(b)PDA-associated land for a priority development area.

s 118 amd 2016 No. 17s 117

119Exercise of discretion unaffected by infrastructure agreements

The infrastructure agreement is not invalid merely because its fulfilment depends on the exercise of a discretion by MEDQ about—

(a)a draft provisional land use plan or provisional land use plan for a provisional priority development area; or

(b)an interim land use plan or development scheme for another priority development area; or

(c)an existing or future PDA development application.

s 119 amd 2019 No. 11s 61

120When infrastructure agreements under Planning Act apply instead of particular approvals

(1)This section applies if the infrastructure agreement is made under the Planning Act.

(2)The infrastructure agreement applies instead of a PDA development approval to the extent of any inconsistency.

(3)Subsections (4) and (5) apply if—

(a)land to which the infrastructure agreement relates ceases to be in, or to be PDA-associated land for, a priority development area; and

(b)part of a PDA development approval for the land becomes a Planning Act approval or part of a water approval.

(4)Despite the Planning Act, section 157(2), the infrastructure agreement applies instead of the Planning Act approval under section 157(1) of that Act, even if the chief executive of the department in which that Act is administered has not approved the agreement.

(5)If the infrastructure agreement is made before the cessation, the agreement applies instead of the part of the water approval to the extent of any inconsistency.

(6)To remove any doubt, it is declared that subsections (4) and (5) apply whether or not the infrastructure agreement is amended before or after the cessation.

s 120 sub 2019 No. 11s 62

120A When water infrastructure agreements apply instead of particular approvals

(1)This section applies if the infrastructure agreement is a water infrastructure agreement.

(2)If the water infrastructure agreement is made on or after the commencement, the agreement applies instead of a PDA development approval to the extent of any inconsistency.

(3)Subsection (4) applies if—

(a)land to which the water infrastructure agreement relates ceases to be in, or to be PDA-associated land for, a priority development area; and

(b)part of a PDA development approval for the land becomes part of a water approval.

(4)Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, section 99BRDO, the water infrastructure agreement prevails over the part of the water approval to the extent of any inconsistency only if the agreement is made on or after the commencement.

s 120A ins 2019 No. 11s 62

121Infrastructure agreement continues beyond cessation of priority development area

(1)This section applies if—

(a)land ceases to be in, or to be PDA-associated land for, a priority development area; and

(b)an infrastructure agreement in relation to the land was in force immediately before the land ceased to be in, or to be PDA-associated land for, the priority development area; and

(c)MEDQ has elected not to continue to be a party to the agreement.

(2)A superseding public sector entity for infrastructure that is the subject of the infrastructure agreement, and that is being provided in relation to the land, is taken to be a party to the agreement.

(3)MEDQ’s rights and responsibilities under the infrastructure agreement for the infrastructure become the rights and responsibilities of the superseding public sector entity.

(4)To remove any doubt, it is declared that sections 119, 120 and 120A continue to apply to the infrastructure agreement.

s 121 amd 2014 No. 40s 19; 2016 No. 17s 118; 2019 No. 11s 63

122Consultation with public sector entities before entering into particular infrastructure agreements

(1)This section applies if a proposed infrastructure agreement would, if entered into, likely continue to apply in relation to land after the land ceases to be in, or to be PDA-associated land for, a priority development area.

(2)Before entering into the proposed infrastructure agreement, MEDQ must consult about the terms of the agreement with the entities MEDQ considers will be superseding public sector entities for infrastructure the subject of the agreement.

s 122 amd 2016 No. 17s 119; 2019 No. 11s 64

ch 3 pt 8 hdg amd 2016 No. 17s 120

122A Definitions for part

In this part—

MEDQ agent means an agent of MEDQ.

MEDQ employee means an employee of the department whose services are made available to MEDQ under section 29.

s 122A ins 2019 No. 11s 102

122B Powers for investigation and enforcement of PDA development offences and related matters

The Planning Act, chapter 5, parts 6, 7 and 8 applies as if—

(a)a reference in the parts to the chief executive were a reference to MEDQ; and

(b)the reference in section 182(1)(a) of that Act to an officer of the department were a reference to an MEDQ agent or MEDQ employee; and

(c)a reference in the parts to a development approval were a reference to a PDA development approval; and

(d)a reference in the parts to an offence against the Planning Act were a reference to a PDA development offence; and

(e)a reference in the parts to a warrant issued or power exercised under that Act, or a provision of that Act, were a reference to a warrant issued or power exercised under those parts as applied under this section.

s 122B ins 2019 No. 11s 102

123Application of local government entry powers for MEDQ’s functions or powers

(1)This section applies to—

(a)land in, or a structure on, a priority development area or a lot adjoining the priority development area; or

(b)land or a structure the subject of PDA-associated development for a priority development area or a lot adjoining the land or structure.

(2)The local government entry powers provisions apply to MEDQ and each authorised employee or agent of MEDQ as if—

(a)MEDQ were a local government; and

(b)the authorised employee or agent were an employee or agent of a local government; and

(c)a reference to the local government were a reference to MEDQ; and

(d)a reference to an employee or agent of the local government were a reference to an authorised employee or agent of MEDQ; and

(e)a reference in the sections to any of the following were a reference to the performance of MEDQ’s functions or the exercise of its powers—

(i)the exercise of the jurisdiction of local government;

(ii)the exercise of a power under a local government Act;

(iii)the exercise of the local government’s jurisdiction;

(iv)local government purposes; and

(f)a reference to the local government’s facilities on the land were a reference to MEDQ’s facilities on the land.

(3)However, if the occupier of the land or structure is present at the place, before entering the place, an authorised employee or agent of MEDQ must do, or make a reasonable attempt to do, the following things—

(a)identify himself or herself to the occupier, by complying with section 31;

(b)tell the occupier the purpose of the entry;

(c)seek the consent of the occupier to the entry;

(d)tell the occupier the employee or agent is permitted under this Act to enter the place without the occupier’s consent.

(4)If the occupier is not present, the employee or agent must take reasonable steps to advise the occupier of the employee’s or agent’s intention to enter the place.

(5)Subsections (3) and (4) do not require the employee or agent to take a step that the employee or agent reasonably believes may frustrate or otherwise hinder the purposes of the entry.

(6)In this section—

authorised employee or agent, of MEDQ, means an MEDQ employee or MEDQ agent who has, under section 30, been issued with an identity card that is still in force.

local government entry powers provisions means—

(a)for land outside the City of Brisbane—the Local Government Act 2009, sections 144, 146 and 147; or

(b)for land in the City of Brisbane—the City of Brisbane Act 2010, sections 134, 136 and 137.

lot see the Planning Act, schedule 2.

s 123 amd 2016 No. 17s 121; 2016 No. 27s 193; 2019 No. 11s 103

124Roads and road closures

(1)MEDQ may perform functions or exercise powers for a road that MEDQ considers necessary or desirable to perform its other functions in relation to—

(a)a priority development area; or

(b)PDA-associated development for a priority development area.

(2)Without limiting subsection (1), MEDQ may, by gazette notice, permanently or temporarily close all or part of a road.

(3)Before the closing of the road takes effect, MEDQ must publish a notice MEDQ considers appropriate about the closure in a newspaper circulating in the relevant local government area.

(4)Failure to comply with subsection (3) does not invalidate the closure.

(5)MEDQ may do everything necessary to stop traffic using a road or part of a road closed under this section.

(6)To remove any doubt, it is declared that this section applies—

(a)whether or not a road is a State-controlled road under the Transport Infrastructure Act 1994; and

(b)whether or not the Land Act 1994 applies to a road.

s 124 amd 2016 No. 17s 122

125Vesting land in permanently closed road or unallocated State land in MEDQ

(1)MEDQ may, by gazette notice, declare any of the following is vested in MEDQ, in fee simple—

(a)any land that comprised a road under the Land Act 1994 that has been permanently closed under section 124;

(b)unallocated State land in a priority development area.

(2)The chief executive of the department in which the Land Act 1994 is administered must, under that Act, register the vesting if MEDQ lodges in the land registry under that Act—

(a)a request under that Act to register the vesting; and

(b)if that chief executive so requires—a plan of subdivision under that Act for the land the subject of the vesting; and

(c)a copy of the gazette notice.

(3)On the registration of the request to vest, the Governor in Council may issue to MEDQ a deed of grant under the Land Act 1994 for the land the subject of the vesting.

(4)Despite the Land Act 1994 and the Land Title Act 1994, no fee is payable by MEDQ in relation to the registration of the vesting or to give effect to it.

126Giving information about roads to relevant local government

(1)This section applies if, under this chapter, MEDQ performs a function or exercises a power relating to a road or former road.

(2)MEDQ must give the relevant local government the information MEDQ has to allow the local government to comply with its obligation for its map and register of roads under the Local Government Act 2009, section 74 or, for the Brisbane City Council, the City of Brisbane Act 2010, section 81.

s 126 amd 2016 No. 17s 123

127Direction to government entity or local government to accept transfer

(1)MEDQ may give a government entity or local government (the directed entity) a written direction to accept the transfer to it of—

(a)stated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ; or

(b)a stated amount from the Fund for providing or maintaining infrastructure relating to stated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ.

(2)However, the direction may be given only if MEDQ is satisfied the transfer is reasonably necessary for the purpose of this Act.

(3)The direction may state conditions on which the transfer must be made.

(4)The directed entity must do every thing reasonably necessary to comply with the direction.

(5)If the directed entity is a local government, on the making of the transfer, the stated land is taken to be land that the local government holds on trust in fee simple to which the Planning Act, section 159 applies.

s 127 amd 2014 No. 40s 20; 2016 No. 17s 124; 2016 No. 27s 194

128Direction to government entity or local government to provide or maintain infrastructure

(1)MEDQ may give a written direction to a government entity or local government (the directed entity) to provide or maintain stated infrastructure in, or relating to, a stated priority development area.

(2)However, the direction may be given only if MEDQ is satisfied the provision or the maintenance of the infrastructure by the directed entity is necessary for the proper and orderly planning, development and management of the priority development area.

(3)The direction may state conditions on which the infrastructure must be provided or maintained.

(4)The directed entity must comply with the direction.

(5)Subsection (4) applies despite any other Act or law.

129Application fees

(1)This section applies if MEDQ is deciding the fee for an application under this chapter.

(2)The fee can not be more than the actual cost of considering and processing the application.

(3)However, for the following applications the fee may also include a reasonable component to recover MEDQ’s costs of making or amending the relevant development instrument—

(a)a PDA development application;

(b)an amendment application.

s 129 amd 2019 No. 11s 231 sch 1pt 1

129A Refunding and waiving fees

(1)MEDQ may, but need not—

(a)refund all or part of a required fee; or

(b)waive all or part of a required fee.

(2)In this section—

required fee means a fee required to be paid for an application under this chapter.

s 129A ins 2019 No. 11s 104

130Establishment

The Economic Development Board is established.

131Board’s functions

(1)The functions of the board are—

(a)advising, and making recommendations to, MEDQ about how MEDQ can give effect to the main purpose of this Act; and

(b)monitoring, and reporting to MEDQ about, the performance of MEDQ’s functions or exercise of MEDQ’s powers by entities (including the board) to whom the functions or powers are delegated; and

(c)ensuring MEDQ adopts best practice corporate governance and financial management and accountability arrangements; and

(d)performing the functions, and exercising the powers, of MEDQ delegated to the board under this Act.

(2)The board may do all things necessary or convenient to be done for the performance of its functions.

132Membership of the board

(1)The board consists of the following persons (each a board member)—

(a)the chief executive of the department;

(b)the chief executive of the department in which the Auditor-General Act 2009 is administered;

(c)the chief executive of the department in which the Financial Accountability Act 2009 is administered;

(d)no more than 3 other members appointed by the Governor in Council.

(2)A person is eligible for appointment under subsection (1)(d) only if the person—

(a)has extensive knowledge of and experience in 1 or more of the following—

(i)local government;

(ii)land use planning;

(iii)social policy or community development;

(iv)law, economics or accounting;

(v)the construction or development industries;

(vi)natural resource and environmental management; or

(b)has other knowledge and experience the Governor in Council considers appropriate.

(3)A member appointed under subsection (1)(d) may be appointed on a full-time or part-time basis.

(4)A member appointed under subsection (1)(d) is appointed under this Act and not the Public Sector Act 2022.

s 132 amd 2022 No. 34s 365sch 3

133Chairperson and deputy chairperson

(1)The chief executive of the department is the chairperson of the board.

(2)MEDQ must appoint a board member, other than the chairperson, as the deputy chairperson.

(3)Subject to subsection (4), the deputy chairperson holds that office for the term decided by MEDQ.

(4)A vacancy occurs in the office of deputy chairperson if the person holding the office stops being a board member or resigns the office.

(5)A person holding office as deputy chairperson resigns the office by signed notice of resignation given to MEDQ.

(6)A person’s resignation from the office of deputy chairperson does not, of itself, stop the person from being a board member.

(7)The deputy chairperson is to act as chairperson during a period when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.

134Terms and conditions of appointment etc.

(1)Subject to subsections (5) and (6), an appointed board member holds office for the term stated in the member’s instrument of appointment.

(2)The term stated in the instrument of appointment must not be more than 5 years.

(3)An appointed board member is to be paid the remuneration and allowances decided by the Governor in Council.

(4)An appointed board member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.

(5)An appointed board member may resign by signed notice given to MEDQ.

(6)The Governor in Council may end an appointed board member’s appointment if the member—

(a)is convicted of an indictable offence; or

(b)is or becomes an insolvent under administration under the Corporations Act, section 9; or

(c)is disqualified from managing corporations under the Corporations Act, part 2D.6; or

(d)becomes incapable of performing the functions of a board member because of physical or mental incapacity or some other reason; or

(e)is guilty of misconduct of a type that could warrant dismissal from the public service if the member were an officer of the public service; or

(f)does not comply with section 135(2) or (3); or

(g)does not comply with section 161; or

(h)fails to comply with section 163.

(7)In this section—

appointed board member means a board member appointed under section 132(1)(d).

Editor’s note—

An uncommenced amendment has been included in section 134, see 2023 No. 23s 247sch 1s 2(2).

135Disclosure of interests

(1)This section applies if—

(a)a board member, or a close relative of a board member, has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the board; and

(b)the interest could conflict with the proper performance of the board member’s functions for the matter.

(2)The board member must, as soon as practicable, disclose the interest to—

(a)for the chairperson—all the other members; or

(b)for another member—the chairperson.

Maximum penalty—100 penalty units.

(3)If a board member has disclosed an interest relating to a matter, the member must not participate in the board’s consideration of the matter.

Maximum penalty—100 penalty units.

136Conduct of business

Subject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate.

137Times and places of meetings

(1)Board meetings are to be held at the times and places the chairperson decides.

(2)However, the chairperson must call a meeting if asked in writing to do so by at least 2 board members.

(3)Also, the chairperson must call a meeting at least once in each quarter.

138Quorum

A quorum for a board meeting is more than half of the number of board members.

139Attendance by proxy

(1)A board member may attend a meeting of the board by proxy.

(2)A board member is not entitled to preside at a meeting of the board merely because the member is the proxy holder for the chairperson or deputy chairperson.

140Presiding at meetings

(1)The chairperson is to preside at all board meetings at which the chairperson is present.

(2)If the chairperson is not present, the deputy chairperson is to preside.

(3)If the chairperson and deputy chairperson are both not present, the board member chosen by the board members present is to preside.

141Conduct of meetings

(1)The board may hold meetings, or allow board members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.

(2)A person who takes part in a board meeting under subsection (1) is taken to be present at the meeting.

(3)A decision at a board meeting must be a majority decision of the board members present.

(4)If the votes of the board members present at the board meeting are equal, the member presiding has a casting vote.

142Decisions outside meetings

A decision of the board, other than a decision at a board meeting, may be made only with the written agreement of a majority of the board members.

143Minutes and record of decisions

The board must keep—

(a)minutes of its meetings; and

(b)a record of any decisions under section 142.

158Establishment

(1)MEDQ may establish a committee (a local representative committee) for an area to help MEDQ, or its delegates, perform MEDQ’s functions in the area.

(2)A local representative committee consists of the following persons appointed by MEDQ—

(a)a board member;

(b)no more than 4 other persons who MEDQ considers can appropriately represent the interests of entities affected by development in the area, including, for example, a chief executive officer of a local government.

(3)A member of a local representative committee is appointed on the terms and conditions MEDQ considers appropriate, including terms about remuneration.

(4)A local representative committee may conduct its business, including its meetings, in the way it considers appropriate.

159Functions

(1)The functions of a local representative committee for an area are—

(a)advising, and making recommendations to, MEDQ and the board about—

(i)the impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity; and

(ii)community needs and expectations in the area; and

(b)performing the functions, and exercising the powers, of MEDQ delegated to the committee under this Act; and

(c)reporting to MEDQ and the board about the committee’s performance of its functions under this Act.

(2)A local representative committee may do all things necessary or convenient to be done for the performance of its functions.

ch 4 pt 3A hdg ins 2019 No. 11s 65A

159A Establishment

As soon as practicable after a declaration regulation is made under section 34(1), MEDQ must—

(a)establish a committee (a local consultative committee) for the provisional priority development area declared under the declaration regulation; and

(b)decide the terms of reference for the committee, including how the committee must operate in performing its functions.

s 159A ins 2019 No. 11s 65A

159B Functions

(1)A local consultative committee for a provisional priority development area has the following functions—

(a)to advise MEDQ about the following matters within the scope of the committee’s terms of reference—

(i)the impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity;

(ii)community needs and expectations in the area;

(b)to report to MEDQ, in accordance with the committee’s terms of reference, about the committee’s performance of its functions under this Act.

(2)A local consultative committee may do all things necessary or convenient to be done for the performance of its functions.

s 159B ins 2019 No. 11s 65A

159C Membership

(1)A local consultative committee for a provisional priority development area consists of the following persons (each a member)—

(a)the chief executive of the department or a senior executive nominated by the chief executive;

(b)the chief executive officer of the relevant local government for the provisional priority development area or a senior executive nominated by the chief executive officer;

(c)at least 1 person MEDQ considers can appropriately represent the interests of the local community;

(d)if MEDQ considers that 1 or more entities are likely to be affected by development in the provisional priority development area—at least 1 person MEDQ considers can appropriately represent the interests of the entity or entities.

(2)A member mentioned in subsection (1)(c) or (d) is an appointed member.

(3)An appointed member is appointed by MEDQ.

(4)A local consultative committee must not consist of more than 3 appointed members.

(5)A member of a local consultative committee holds office on the terms and conditions MEDQ considers appropriate, including terms about remuneration.

(6)The chairperson of a local consultative committee is the member mentioned in subsection (1)(a).

s 159C ins 2019 No. 11s 65A

159D Dissolution of local consultative committees

(1)A local consultative committee for a provisional priority development area is dissolved on the earlier of the following—

(a)when MEDQ dissolves the committee;

(b)when the provisional priority development area ceases to be a provisional priority development area.

(2)MEDQ must not dissolve a local consultative committee for a provisional priority development area before the provisional land use plan for the area is made.

s 159D ins 2019 No. 11s 65A

160Report about person’s criminal history for particular appointments

(1)To decide whether to recommend to the Governor in Council a person for appointment as a board member under section 132(1)(d), MEDQ may ask the commissioner of the police service for—

(a)a written report about the person’s criminal history; and

(b)a brief description of the circumstances of any conviction mentioned in the criminal history.

(2)The commissioner of the police service must comply with a request under subsection (1).

(3)However, MEDQ may make a request about a person under subsection (1) only if the person has given MEDQ written consent for the request.

(4)The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.

(5)MEDQ must ensure a report given to MEDQ under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.

(6)MEDQ may delegate its power under this section to an appropriately qualified public service officer.

(7)In this section—

criminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than for a spent conviction.

spent conviction means a conviction—

(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and

(b)that is not revived as prescribed by section 11 of that Act.

Editor’s note—

An uncommenced amendment has been included in section 160, see 2023 No. 23s 247sch 1s 4.

s 160 amd 2019 No. 11s 231 sch 1pt 1

161Duty to act honestly and exercise care and diligence

(1)A board member or committee member must act honestly, and must exercise a reasonable degree of care and diligence, when performing the member’s functions and exercising the member’s powers.

(2)A person who is or was a board member or committee member must not make improper use of information acquired because of the person’s position as a board member or committee member—

(a)to gain, directly or indirectly, an advantage for the person or for any other person; or

(b)to cause detriment to MEDQ.

(3)A board member or committee member must not make improper use of the member’s position as a member—

(a)to gain, directly or indirectly, an advantage for the member or for any other person; or

(b)to cause detriment to MEDQ.

(4)This section—

(a)has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of a person because of the person’s office as a board member or committee member; and

(b)does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability.

Note—

See also section 171 (Protection from civil liability).

s 161 amd 2019 No. 11s 231 sch 1pt 1

162MEDQ may bring proceedings