Planning (Consequential) and Other Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill updates 68 other Queensland laws so they work with the new Planning Act 2016 and Planning and Environment Court Act 2016, which together replace the Sustainable Planning Act 2009. It mostly changes terminology and cross-references, removes duplicated or outdated planning steps, and sets transitional rules so any application already lodged is finished under the old system.
Who it affects
Developers, local councils, building certifiers, State agencies and landowners dealing with the planning system will see updated terms and a single consistent set of planning references across 68 Acts. Existing development applications keep being assessed under the old rules until decided.
Key changes
- Replaces 'exempt' and 'self-assessable' development with 'accepted development' across the Building Act 1975 and other Acts to match the new Planning Act 2016
- Renames 'building and development dispute resolution committees' to 'development tribunals'
- Removes 'concurrence agency' and 'advice agency' labels from other Acts and uses the single term 'referral agency' under the new planning system
- Adds a definition of the Planning and Environment Court to the Acts Interpretation Act 1954 so every Act no longer needs its own definition
- Creates a new coastal land surrender process with written submission rights and time limits before owners can be required to give up coastal land
- Deletes redundant referral and assessment provisions in other Acts that were made obsolete when the State Assessment and Referral Agency was set up in 2013
- Sets transitional rules so development applications made under the Sustainable Planning Act but not decided keep running under the old laws until finished
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 Nov 2015View Hansard
Referred to Infrastructure, Planning and Natural Resources Committee
▸Second Reading11 May 2016View Hansard
▸13 members spoke13 support
As Deputy Premier and Minister for Planning, introduced the three government planning bills to replace the Sustainable Planning Act 2009 with a simpler, more transparent framework featuring bounded code assessment, restored appeal rights without adverse costs, and stronger heritage protections.
“The Palaszczuk government is committed to delivering, through these planning bills, a planning framework that is good for all Queenslanders, with more transparency, tighter decision rules for councils and greater certainty about development.”— 2016-05-11View Hansard
As shadow planning spokesman, stated the LNP would not oppose the government's planning bills while acknowledging the reform process was initiated by the previous LNP government, though flagging amendments on specific issues including costs provisions for court appeals.
“I want to say from the outset that the LNP opposition will not be opposing the government's bill. However, I do flag that we will be moving some amendments during the consideration in detail.”— 2016-05-11View Hansard
As a committee member, supported the government's planning bills, emphasising the importance of community engagement, transparency in planning decisions, and the restoration of appeal rights without adverse costs.
“Planning matters. It provides the basis for securing the livability, sustainability and prosperity of our communities both now and into the future.”— 2016-05-11View Hansard
As the former Deputy Premier who initiated the planning reform process in 2012, supported the bills' passage while noting the reforms were motivated by genuine need to simplify an overly complex system rather than reversing predecessor policies.
“This process started shortly after we came to power in the 2012 election. It was a major reform to the planning process in Queensland. It was not reform for reform's sake.”— 2016-05-11View Hansard
Supported the government's planning bills, emphasising the importance of planning for communities and the suite of improvements including infrastructure charging, transparency and community engagement.
“The suite of government bills will influence how our society will look into the future and will set the framework for how we proactively address the challenges that we face on that journey into the future.”— 2016-05-11View Hansard
Supported the planning reform while raising concerns about the removal of adverse costs provisions for court appeals, arguing this could be used by commercial competitors and vexatious litigants to delay development.
“The LNP opposition will not be opposing the government's bill.”— 2016-05-11View Hansard
Supported the government's planning bills, emphasising the restoration of appeal rights without adverse costs as allowing ordinary citizens to participate in the planning system without fear of prohibitive legal costs.
“Tonight, I support David, the mums and dads, the little guy who should not be afraid of appealing a development on the basis of a risk that they may have to pay their opponent's legal fees.”— 2016-05-11View Hansard
Supported the planning reform, speaking from a regional perspective about the importance of balanced planning that supports economic development while protecting community interests.
“The LNP opposition will not be opposing the government's bill.”— 2016-05-11View Hansard
Supported the government's planning bills, emphasising transparency, community engagement and the removal of adverse costs for planning appeals.
“The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.”— 2016-05-11View Hansard
Supported the government's planning bills as delivering a simpler, more transparent planning framework with greater community participation.
“The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.”— 2016-05-11View Hansard
Supported the planning reform, having been involved in the earlier reform process as part of the LNP government, while raising concerns about specific aspects including costs provisions.
“Both sides of politics should work together to ensure that, with the passage of these bills, we get the best outcomes for the continued prosperity of Queensland.”— 2016-05-11View Hansard
Supported the government's planning bills as delivering greater transparency and community engagement in planning decisions.
“The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.”— 2016-05-11View Hansard
Supported the government's planning bills, emphasising the importance of planning reform for growing communities like Ipswich.
“The Palaszczuk government is committed to delivering a planning framework that is good for all Queenslanders.”— 2016-05-11View Hansard
Referenced Entities
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Sectors Affected
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