Local Government and Other Legislation Amendment Bill (No.2) 2015
Plain English Summary
Overview
This bill makes several technical fixes to Queensland's local government and planning laws. It gives councils up to two more years to adopt infrastructure plans, lets developers skip offset and refund details to speed up approvals, and cleans up inconsistencies around how-to-vote cards and outdated mayoral voting rules.
Who it affects
Councils, property developers, water connection applicants, and local government election candidates are most affected. Ordinary residents may notice little direct change, but will benefit from smoother development approvals and clearer election rules.
Key changes
- Councils can make accepted how-to-vote cards available at their public office during the caretaker period before an election
- Obsolete reference to first-past-the-post mayoral voting is removed from the Local Government Electoral Act
- Councils can apply to the Planning Minister for up to a two-year extension (to 30 June 2018) to adopt a Local Government Infrastructure Plan
- Developers can tell councils or water distributor-retailers they don't need offset or refund details in an infrastructure charges notice, speeding up approvals
- Infrastructure charges resolutions made by councils between October 2014 and the bill's commencement are retrospectively validated
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee17 Sept 2015View Hansard
Referred to Infrastructure, Planning and Natural Resources Committee
▸Second Reading10 Nov 2015View Hansard
▸17 members spoke17 support
Introduced and defended the bill as a common-sense measure to give councils more time to prepare infrastructure plans and to remove anomalies in election material laws ahead of the March 2016 local government elections.
“This is, as I advised the House during my second reading speech, a common-sense bill that seeks to respond to concerns raised by local councils in relation to the development of infrastructure plans, as well as remove some anomalies and allow councils to have how-to-vote cards displayed in the upcoming council elections.”— 2015-11-10View Hansard
Spoke for the LNP opposition, noting they would not oppose the bill. Acknowledged the amendments largely preserve LNP reforms but expressed concern that the two-year extension for infrastructure plans must be assessed with rigour and accountability.
“The LNP opposition is pleased to see that the Labor government in this case is not undoing worthwhile LNP reforms; therefore, we will not be opposing the amendments to the Sustainable Planning Act and South-East Queensland Water (Distribution and Retail) Restructuring Act.”— 2015-11-10View Hansard
Spoke as a committee member, noting the committee unanimously recommended the bill be passed and was satisfied with the department's assurances about monitoring councils' progress on infrastructure plans.
“The committee made one recommendation—that the bill be passed—and requested that the Deputy Premier provide clarification on a couple of other matters.”— 2015-11-10View Hansard
Supported the bill as a committee member but expressed concern that no local governments had yet submitted infrastructure plans 18 months into the process, questioning whether the two-year extension would simply be pushed out again.
“My concern revolves around that two-year period. On 1 October we heard from the department that there were no local governments that had provided a local government infrastructure plan.”— 2015-11-10View Hansard
Supported the bill, noting the committee examined the four changes to the act and that the extension would enable councils to do the necessary work to finalise their infrastructure plans.
“Hopefully there will be penalties and enforcement.”— 2015-11-10View Hansard
Spoke in favour of the bill as a former town planning consultant, noting the amendment allowing developers to waive offset/refund information would reduce development application time frames without compromising the assessment process.
“Having worked as a town planning consultant in the past, I know that this amendment will be welcomed by councils, developers and planners across the state.”— 2015-11-10View Hansard
Drew on his 12 years as a local government councillor and deputy mayor to support the bill, stressing that infrastructure plans are essential for proper asset management and that charges must not be used as a cash cow.
“When councils come to establishing those charges, they have to be very aware of not seeing charges as a bottomless pit of funding.”— 2015-11-10View Hansard
Supported the bill as a sensible step to extend the deadline for local governments struggling to meet the current cut-off, and to allow developers to receive offset/refund information at a later time.
“The bill meets the needs of many local governments that have advised that they will not be in a position to meet the current deadline.”— 2015-11-10View Hansard
Supported the bill as restoring reasonableness to infrastructure planning deadlines, contrasting the government's collaborative approach with stakeholders against the previous government's use of legislative compulsion.
“That is what this bill does: it restores some level of reasonableness to these matters.”— 2015-11-10View Hansard
Supported the bill, speaking about the importance of infrastructure planning in his rapidly growing electorate and welcoming the how-to-vote card amendments as maintaining public confidence in the electoral system.
“It is vitally important that we ensure that community members have the best opportunity to inform themselves during all elections, including local government elections, and these reforms will ensure that this occurs.”— 2015-11-10View Hansard
Supported the bill as common sense, noting the importance of appropriate infrastructure charges and expressing concern about financial mismanagement at Lockyer Valley Regional Council.
“This is a bill that is quite easy to support because it involves a lot of common sense.”— 2015-11-10View Hansard
Supported the bill as reflecting a government that listens, noting the LGAQ considered the previous deadline unreasonable and welcoming the allocation of resources to help struggling councils.
“The thing that strikes me about this legislation is that it reflects the fact that the Palaszczuk government is a government that listens.”— 2015-11-10View Hansard
Supported the bill, highlighting the Townsville City Waterfront priority development area and the importance of infrastructure planning for expected population growth to 30,000 in the CBD by 2030.
“I believe these amendments will support local governments with their long-term trunk infrastructure plans to meet the future needs of development in their local areas.”— 2015-11-10View Hansard
Supported the bill but expressed disappointment that Gold Coast City Council had requested an extension, questioning why large councils could not meet the deadlines and raising concerns about delays stifling development and investment.
“Here we have yet another example of delays that will cost jobs and growth, with the request for an extension, this time until 1 July 2018.”— 2015-11-10View Hansard
Supported the bill as reflecting the government's approach of consulting and listening to local councils, providing a clear way forward for infrastructure planning.
“This bill is about our government consulting and listening to local councils.”— 2015-11-10View Hansard
Supported the bill as reflecting the government's collaborative approach to local government, welcoming the extension for infrastructure plans and the corrections to electoral material laws.
“I am a firm believer in making sure local government takes the time to get decisions right, particularly when it comes to spending public funds on public works.”— 2015-11-10View Hansard
Supported the bill as bringing local election rules into line with state elections and removing confusing contradictions ahead of the March 2016 local government elections.
“It is crucial that we amend this contradictory law before the caretaker period for councils comes into effect in February, ahead of their elections in March.”— 2015-11-10View Hansard
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