Economic Development and Other Legislation Amendment Bill 2018
Plain English Summary
Overview
This bill updates a wide range of planning, development and disaster recovery laws in Queensland. It modernises how Priority Development Areas are managed and enforced, adjusts Building Queensland's business case thresholds, expands the Queensland Reconstruction Authority's role to cover all types of natural disasters, and makes numerous improvements to the planning framework.
Who it affects
Property developers and local governments in Priority Development Areas face updated processes and stronger enforcement. Communities across Queensland benefit from expanded disaster recovery and resilience powers. People involved in planning appeals benefit from simplified notification requirements.
Infrastructure business case thresholds (Building Queensland)
Road transport projects under $500 million no longer require Building Queensland to lead the business case — the relevant agency prepares it with Building Queensland assisting. All monetary thresholds increase by 10% every five years to keep pace with construction costs. The Infrastructure Pipeline Report moves from twice-yearly to annual publication.
- Road projects under $500 million excluded from Building Queensland-led business cases
- All business case monetary thresholds increase by 10% every five years from 1 July 2021
- Infrastructure Pipeline Report published annually instead of every six months
Priority Development Areas (PDAs)
Major reforms to how PDAs are declared, planned and managed. New provisional PDAs require public consultation through draft provisional land use plans. Multiple interim land use plans can apply to different parts of a PDA. Enforcement powers and penalties are significantly strengthened to match the Planning Act.
- Draft provisional land use plans must be publicly consulted before being finalised within 60 business days
- Maximum penalties for development offences increased from 1,665 to 4,500 penalty units
- New streamlined process for minor PDA boundary changes
- Interim land use plans can be extended from 12 to 24 months for complex PDAs
Planning Act improvements
Validates infrastructure charges notices issued under the former Sustainable Planning Act and removes the burdensome requirement for submitter appellants to notify all other submitters. Introduces electronic service of documents via website links.
- Infrastructure charges notices issued since 4 July 2014 validated despite not stating reasons
- Submitter appellants no longer need to serve notice of appeal on all other submitters
- Documents can be served electronically by providing a website link where they can be viewed
Queensland Reconstruction Authority expansion
QRA's role expands from flood-specific recovery to all-hazards disaster recovery, resilience and mitigation. It can now undertake pre-emptive resilience and betterment activities across the state before disasters occur, not just in communities already affected.
- QRA's functions expanded from flood recovery to all natural disaster hazards
- New power to undertake pre-emptive resilience activities before disasters occur
- Betterment function introduced to rebuild community infrastructure to higher standards
- Board meetings reduced from monthly to 8 per year; reporting changed from monthly to quarterly
Other amendments
Retirement villages and residential care facilities added as potential uses at Sanctuary Cove Resort. The Planning and Environment Court gains the power to refer matters for private mediation. The redundant Southern Moreton Bay Islands Development Entitlements Protection Act 2004 is repealed.
- Retirement village and residential care facility uses enabled at Sanctuary Cove Resort
- Planning and Environment Court can refer disputes to private mediation
- Southern Moreton Bay Islands Development Entitlements Protection Act 2004 repealed
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee19 Sept 2018View Hansard
Referred to State Development, Natural Resources and Agricultural Industry Development Committee
The State Development, Natural Resources and Agricultural Industry Development Committee examined this omnibus bill over several months, receiving 53 submissions and holding public hearings. The committee recommended the bill be passed and made four additional recommendations addressing local government consultation in provisional priority development areas, heritage protection, enforcement powers, and a typographical correction. The government supported all five recommendations and committed to amendments during consideration in detail.
Key findings (5)
- The committee received 53 submissions and acknowledged that many concerns raised were outside the scope of the bill
- The Queensland Heritage Council raised concerns that PDA exemption certificates could increase the potential for harm to Queensland heritage places
- Stakeholders including the Property Council and Holding Redlich opposed the retrospective validation of infrastructure charges notices that had not included reasons for decision
- The committee found that local government consultation needed strengthening in the process for declaring provisional priority development areas
- The Planning and Environment Court requested the ability to refer matters to private mediators, and the committee was satisfied with the department's response on mediator qualifications
Recommendations (5)
- The committee recommends the Economic Development and Other Legislation Amendment Bill 2018 be passed.
- The committee recommends that the government amend provisions relating to the making of a PPDA to include the establishment of a local consultative committee that includes a representative from local government to better support localised decision making.
- The committee recommends that during the second reading speech the Minister for State Development, Manufacturing, Infrastructure and Planning clarify that PDA exemption certificates will not have a detrimental impact on the cultural heritage significance of Queensland heritage places.
- The committee recommends that during the second reading speech the Minister for State Development, Manufacturing, Infrastructure and Planning clarify the powers for investigation and enforcement of PDA development offences under clause 102 and outline the need for such powers.
- The committee recommends that the department correct a typographical error in clause 190 of the Bill (amending section 79 of the Planning and Environment Court Act 2016).
Committee report tabled
▸Second Reading28 Mar 2019View Hansard
▸23 members spoke12 support11 mixed
Stated the LNP will not oppose the bill outright but detailed significant concerns about reduced transparency for Building Queensland, dilution of local decision-making through PDA provisions, and excessive inspector powers. Announced the LNP would oppose specific clauses 13, 22 and 23.
“The proposed removal of the 'overriding economic or community need' test and the requirement for provisional priority development areas and provisional land use plans to not compromise the implementation of a planning instrument—clauses 22 and 23 of the bill—are a direct dilution of localised decision-making.”— 2019-04-02View Hansard
Spoke in support of the bill, focusing on amendments to the Queensland Reconstruction Authority Act which expand QRA's role to all-hazards disaster recovery and resilience, including pre-emptive activities across the state.
“The QRA Act as amended by the bill will reflect the role the QRA has in the recovery, resilience and mitigation space, and the improved QRA Act will help ensure Queensland continues to be the most disaster resilient state in Australia.”— 2019-04-02View Hansard
As a committee member, raised concerns about the consultation process, reduced transparency through halving Building Queensland reporting, erosion of local government decision-making on PDAs, and excessive powers granted to departmental inspectors.
“Once again we have seen this Palaszczuk government granting powers of entry to departmental inspectors that the police do not have.”— 2019-04-02View Hansard
Spoke in support of the bill, highlighting the benefits of PDAs for his electorate including the Ripley Valley PDA and the Albert Street Cross River Rail PDA, and the operational improvements to the Economic Development Act.
“Overall, the proposed amendments will improve the operational effectiveness of the EDA Act and other related acts, improve relationships between the EDA Act and the new Planning Act, and introduce greater flexibility for planning and developing PDAs to assist in delivering projects aimed at generating growth and job opportunities across the state.”— 2019-04-02View Hansard
As a committee member, noted the LNP will not oppose the bill but raised concerns about rushed committee process, watered-down Building Queensland transparency, erosion of local decision-making for communities, and increased inspector powers that should be reserved for police.
“Our local residents are right to hold local councillors and mayors to account in relation to planning decisions and issues such as local development but, unfortunately, this bill further removes the ability of local communities to have their say in the size, shape and pace of development in their region.”— 2019-04-02View Hansard
Spoke in support of the bill, defending the Oxley PDA development process and the Sanctuary Cove Resort Act amendments allowing residents to age in place within their communities.
“I think it is apt at this time that we take the opportunity to evaluate the needs of this community. Having visited this beautiful area, I think it would in keeping to allow residents to age in place within their communities.”— 2019-04-02View Hansard
As a committee member, stated he will not oppose the bill but opposes several clauses. Raised concerns about reduced Building Queensland transparency, dilution of local decision-making, and excessive inspector enforcement powers.
“Powers for inspectors to enter premises, stop vehicles, seize and dispose of information are considerable and should only be granted in the most serious cases.”— 2019-04-02View Hansard
Supported the bill, particularly the QRA amendments focusing on resilience and prevention, the Planning and Environment Court's power to refer matters to private mediators, and the Sanctuary Cove amendments enabling ageing in place.
“I am also particularly pleased with the Planning and Environment Court amendments. The power to refer matters to a private mediator will certainly reduce costs, and I believe that mediation leads to better and more sustainable outcomes.”— 2019-04-02View Hansard
Supported the bill but raised reservations about halving Building Queensland's pipeline report frequency, concerns about Planning and Environment Court costs for councils and residents, and the need for due process in Sanctuary Cove amendments.
“However, there are reservations as the proposed bill does attempt to make amendments to eight acts.”— 2019-04-02View Hansard
Criticised the bill as continuing Labor's consolidation of power at the expense of local community decision-making, raising concerns about overdevelopment in his electorate without matching infrastructure including roads, schools, and public transport.
“At the very heart of this bill is the continuation of Labor's efforts to consolidate their own power at the expense of local community decision-making, all the while failing abysmally to plan for and deliver local infrastructure and services.”— 2019-04-02View Hansard
Spoke in favour of the bill, criticising the LNP's statement of reservation as poorly constructed and noting it was signed only by the member for Condamine, not the other LNP committee members.
“This bill is a good bill. It improves efficiency across eight pieces of legislation. That is what we do in the Palaszczuk Labor government.”— 2019-04-02View Hansard
Supported the bill while using the debate to highlight the cautionary tale of Ipswich City Properties' $78 million loss in CBD redevelopment as an example of how economic development can go wrong, and called for infrastructure investment in her electorate.
“I say to every MP here, including those sitting around the cabinet table, because some of them sat around the cabinet table back then, that you always have to be very careful of what you do in the name of so-called economic development.”— 2019-04-02View Hansard
Raised serious concerns about reduced Building Queensland transparency, erosion of local government decision-making, centralised control through PDA provisions, and unjustified increases in inspector enforcement powers, while not opposing the bill.
“This government should not undermine or negate the importance of the role of a local government to provide and drive the vision for its region.”— 2019-04-02View Hansard
Spoke in support, focusing on the Building Queensland Act amendments implementing the E3 Advisory review recommendations including adjusted thresholds for road transport business cases, annual pipeline reporting, and board proxy nominations.
“The member for Glass House comes into this House and makes some really bold statements about the Palaszczuk government not listening when, in fact, we do the absolute opposite: we listen to the people of Queensland.”— 2019-04-02View Hansard
Criticised the government's failure to match infrastructure with planning and population growth, highlighting the $9 billion infrastructure budget cut and the need for Sunshine Coast rail upgrades, while supporting the Maroochydore PDA.
“We all support economic development and good planning, but it is a farce unless it is accompanied by action.”— 2019-04-02View Hansard
Supported the bill, focusing on Planning Act improvements including removing the burdensome requirement for submitter appellants to notify all other submitters, enabling electronic document service, and validating infrastructure charges notices.
“The government has listened to what industry, councils and the community have to say, and this bill demonstrates this government's commitment to continuous improvement of the planning framework.”— 2019-04-02View Hansard
Raised concerns about the government's approach to economic development in his region, the minister's call-in powers under the Planning Act, and the lack of state government support for regional development compared to federal government investment.
“Quite frankly, the only one doing the heavy lifting in my electorate is the federal government and our local government.”— 2019-04-02View Hansard
Supported the bill, highlighting the Greater Flagstone PDA in her electorate and arguing that state-led PDAs with proper infrastructure planning are superior to local government decisions that approved out-of-sequence development without infrastructure.
“I do not believe it is fair or feasible to expect local government to take on this complex role which is why we need state planning in the form of PDAs.”— 2019-04-02View Hansard
Did not oppose the bill in its entirety but raised reservations about watered-down community consultation, reduced pipeline report frequency, erosion of local decision-making through PDA provisions, and increased inspector powers.
“Not only does the bill propose to decrease the community's ability to hold this government to account; it also further restricts localised decision-making.”— 2019-04-02View Hansard
Supported the bill, discussing the Fitzgibbon PDA in his electorate and highlighting the hypocrisy of the former Newman government which created the ED Act framework but now criticises PDAs, and welcomed improvements to the Carseldine development.
“I note the opposition have been highly critical about the operation of Economic Development Queensland in declaring and administering priority development areas. As indicated in the minister's second reading speech, the bill does not make a fundamental change to the operation of the Economic Development Act. This is legislation that was introduced and passed by the Newman government.”— 2019-04-02View Hansard
Supported the bill but expressed grave reservations about inadequate consultation, circumvention of local government rights through PDA provisions, reduced Building Queensland reporting transparency, and inspector powers exceeding those of police.
“This is a government that is progressively building a wall around itself to thwart accountability and conceal from the public what is actually going on.”— 2019-04-02View Hansard
Supported the bill, focusing on the repeal of the Southern Moreton Bay Islands Development Entitlements Protection Act which will provide contemporary planning certainty for her island communities under the Redlands City Plan.
“By repealing these outdated laws, planning requirements for my local community will now be certain and set out in the Redlands City Plan.”— 2019-04-02View Hansard
Did not oppose the bill and applauded the removal of the requirement for submitter appellants to notify all other submitters, but criticised the Economic Development Act as deeply flawed for locking out community appeal rights and overriding local planning schemes.
“While the changes to the ED Act proposed in this bill are arguably improvements, they are made in the context of a deeply flawed and very powerful act.”— 2019-04-02View Hansard
▸In Detail2 Apr 2019View Hansard
Amendments 1 to 6: Established local consultative committees for provisional priority development areas (PPDAs), requiring the Minister for Economic Development Queensland to set up a committee including a department senior executive, local government representative, and community representatives. Also made consequential dictionary and cross-referencing amendments.