Planning and Development (Planning for Prosperity—Consequential Amendments) and Other Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill changes 67 Queensland Acts so they line up with a proposed new planning system (the Planning and Development Bill 2015 and Planning and Environment Court Bill 2015) that would have replaced the Sustainable Planning Act 2009. Most changes are technical — swapping old planning terms for new ones — but the bill also streamlines environmental approvals for major coordinated projects and clarifies the Coordinator-General's power to authorise entry onto land in State Development Areas such as the Galilee Basin.
Who it affects
Mainly developers, local councils, certifiers, resource proponents and landowners near State Development Areas. Most ordinary Queenslanders would see no direct change.
Terminology and cross-reference updates across 67 Acts
The bill rewrites references to planning terms (like 'self-assessable', 'exempt development', 'IDAS', 'concurrence agency' and 'impact assessment') to match the new planning system's language (like 'accepted development', 'standard assessment', 'merit assessment' and 'referral agency'). It also moves the definition of the Planning and Environment Court into the Acts Interpretation Act so it doesn't have to be defined in every Act.
- Updates planning references in 67 Acts — from heritage and fisheries to liquor, transport, biosecurity and health
- Renames the 'building and development dispute resolution committee' as the 'development tribunal'
- Replaces 'self-assessable' and 'exempt' categories with a single 'accepted development' category in the Building Act 1975
- Removes duplicated planning rules from sector Acts now that the State Assessment and Referral Agency handles referrals centrally
Streamlined environmental approvals for coordinated projects
Major projects that have been assessed by the Coordinator-General through an Impact Assessment Report can skip some of the information and public notification stages normally required for an environmental authority under the Environmental Protection Act 1994.
- Coordinator-General's Impact Assessment Report can substitute for parts of the Environmental Authority process
- Information requirements, notification stage and submission acceptance are limited to environmental risks that have changed since the Coordinator-General publicly notified the project
- Coordinator-General's conditions imposed in Impact Assessment Reports are excluded from normal environmental authority appeal rights
Coordinator-General entry powers in State Development Areas
The Coordinator-General, or a third party authorised by the Coordinator-General, can enter non-residential land inside a State Development Area to carry out works. Landowners must be notified in writing and can claim compensation for any damage. The change was introduced mainly to support proposed railway projects in the Galilee Basin State Development Area.
- Coordinator-General can grant land access for planned works in State Development Areas
- Residences cannot be entered under this power
- Landowners must receive written notice before entry
- Compensation is available for any damage caused by entry
Transitional protections for existing approvals
Applications, approvals, permits, notices, appeals and fines already in the system under the Sustainable Planning Act 2009 keep running under the old rules until they're finalised. Dozens of Acts get their own transitional chapter to make this work.
- Existing development applications continue under the Sustainable Planning Act
- Existing enforcement and remedial notices remain in force
- Infrastructure charges and appeal rights for in-progress matters are preserved
- Local councils' fine-collection arrangements continue unchanged
Bill Journey
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