Planning (Consequential) and Other Legislation Amendment Bill 2015

Introduced: 12/11/2015By: Hon J Trad MPStatus: PASSED with amendment
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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 It mostly changes terminology and cross-references, removes duplicated or outdated planning steps, and sets transitional rules so any application already lodged is finished under the old system.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.

Introduced12 Nov 2015View Hansard
First Reading12 Nov 2015View Hansard
Committee12 Nov 2015View Hansard

Referred to Infrastructure, Planning and Natural Resources Committee

Committee Report
Second Reading11 May 2016View Hansard
13 members spoke13 support
7.35 pmMs TRADSupports

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
7.57 pmMr WALKERSupports

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
8.31 pmMr KELLYSupports

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
8.39 pmMr SEENEYSupports

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
8.49 pmMr PEARCESupports

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
9.04 pmMr HARTSupports

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
9.24 pmMrs LAUGASupports

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
9.47 pmMr MILLARSupports

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
9.55 pmMs PEASESupports

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
10.04 pmMs LINARDSupports

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
10.10 pmMr MOLHOEKSupports

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
10.23 pmMs FARMERSupports

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
10.25 pmMs HOWARDSupports

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
In Detail11 May 2016View Hansard
Third Reading11 May 2016View Hansard
Royal Assent25 May 2016

Referenced Entities

Legislation

Planning Act 2016Planning and Environment Court Act 2016Sustainable Planning Act 2009Integrated Planning Act 1997Acts Interpretation Act 1954Aboriginal Cultural Heritage Act 2003Aboriginal Land Act 1991Acquisition of Land Act 1967Airport Assets (Restructuring and Disposal) Act 2008Biosecurity Act 2014Body Corporate and Community Management Act 1997Building Act 1975Building and Construction Industry (Portable Long Service Leave) Act 1991Cape York Peninsula Heritage Act 2007Century Zinc Project Act 1997City of Brisbane Act 2010Coastal Protection and Management Act 1995Criminal Organisation Act 2009Disaster Management Act 2003Economic Development Act 2012Electricity Act 1994Environmental Offsets Act 2014Environmental Protection Act 1994Exhibited Animals Act 2015Fire and Emergency Services Act 1990Fisheries Act 1994Geothermal Energy Act 2010Gold Coast Waterways Authority Act 2012Inala Shopping Centre Freeholding Act 2006Integrated Resort Development Act 1987Integrity Act 2009Land Act 1994Land Sales Act 1984Land Tax Act 2010Land Title Act 1994Land Valuation Act 2010Liquor Act 1992Local Government Act 2009Local Government (Robina Central Planning Agreement) Act 1992Major Events Act 2014Major Sports Facilities Act 2001Marine Parks Act 2004Mineral Resources Act 1989Nature Conservation Act 1992Neighbourhood Disputes (Dividing Fences and Trees) Act 2011Nuclear Facilities Prohibition Act 2007Petroleum and Gas (Production and Safety) Act 2004Plumbing and Drainage Act 2002Private Health Facilities Act 1999Prostitution Act 1999Queensland Building and Construction Commission Act 1991Queensland Heritage Act 1992Queensland Reconstruction Authority Act 2011Regional Planning Interests Act 2014Residential Services (Accreditation) Act 2002Sanctuary Cove Resort Act 1985South Bank Corporation Act 1989South-East Queensland Water (Distribution and Retail Restructuring) Act 2009Southern Moreton Bay Islands Development Entitlements Protection Act 2004State Development and Public Works Organisation Act 1971Statutory Instruments Act 1992Supreme Court of Queensland Act 1991Surat Basin Rail (Infrastructure Development and Management) Act 2012Torres Strait Islander Cultural Heritage Act 2003Torres Strait Islander Land Act 1991Transport Infrastructure Act 1994Transport Planning and Coordination Act 1994Transport (South Bank Corporation Area Land) Act 1999Vegetation Management Act 1999Water Act 2000Water Supply (Safety and Reliability) Act 2008Wet Tropics World Heritage Protection and Management Act 1993Legislative Standards Act 1992Beach Protection Act 1968

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Sectors Affected

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