Queen's Wharf Brisbane Bill 2015
Plain English Summary
Overview
This bill creates the legal framework for the Queen's Wharf Brisbane casino and entertainment precinct on state-owned land in the CBD. It ratifies a 99-year casino agreement with the Destination Brisbane Consortium, exempts the precinct from parts of Queensland's property, tenancy and planning laws, and introduces tight probity controls over who can own or influence the casino.
Who it affects
Brisbane residents, workers and visitors will see the CBD riverfront redeveloped with a new casino, hotels, restaurants and public space, while the casino operator and its shareholders face strict ownership and suitability rules. Tenants and businesses leasing land within the precinct will not be covered by Queensland's standard residential and retail tenancy laws.
Queen's Wharf casino licence
Enacts a proposed casino agreement as law, including a 99-year casino licence for the new precinct with 25 years of geographical exclusivity in central Brisbane. It also allows a casino licence to be granted on conditions, and clarifies the Treasury casino definition so it is not confused with the new Queen's Wharf casino.
- 99-year casino licence with 25 years of exclusivity in central Brisbane
- Casino agreement is approved by regulation and then has effect as law
- A casino licence can now be granted subject to conditions
- The Treasury casino definition is tied to specific lots to distinguish it from Queen's Wharf
Casino ownership and probity
Anyone wanting to hold voting power, non-voting interests or convertible securities above set thresholds in the casino licensee or related holding entities must get prior approval from the Minister or Cabinet, after a suitability investigation. Cabinet can direct people to take remedial action or dispose of all their interests if they fail to comply or are found unsuitable.
- Prior approval needed for voting power above 5%, 10% and 20% in the casino licensee and related entities
- Cabinet can order disposal of interests within 2 months, with penalties up to 200 penalty units for non-compliance
- Beneficial ownership tracing regime for entities not covered by the Corporations Act
- New offences for failing to sign accession deeds or notify the Minister of large holdings (up to 40 penalty units)
Property and tenancy law exemptions
Leases within the Queen's Wharf precinct are exempted from parts of the Property Law Act, the Residential Tenancies and Rooming Accommodation Act and the Retail Shop Leases Act, and the Land Act is modified so ministerial approval is not needed for many sublease dealings. The state can also grant and lease land under a streamlined process.
- Queen's Wharf leases are not residential tenancy agreements or retail shop leases
- Ministerial approval removed for granting, transferring or amending subleases of the state headlease
- Streamlined process for the state to take land in fee simple or by lease, with compensation through the Acquisition of Land Act
- Public thoroughfare easements can be registered so the state is not responsible for maintaining them
Planning law (PDA-associated development)
Amends the Economic Development Act so Economic Development Queensland can declare development outside a Priority Development Area to be 'PDA-associated development' and approve it, instead of splitting approvals between planning bodies. This is principally designed to cover the proposed pedestrian bridge from Queen's Wharf to South Bank.
- MEDQ can declare and approve infrastructure outside PDAs that supports a PDA
- Single assessment path for the Queen's Wharf pedestrian bridge to South Bank
- Consultation with affected councils and government entities required before declaration
- Public notification still required where declared development is PDA assessable
Casino regulation changes (all Queensland casinos)
Allows all Queensland casino operators to extend credit and accept credit card deposits from non-Queensland resident junket gamblers, and removes ordinary trading hour and lockout restrictions for premises holding a commercial special facility casino licence.
- Credit and credit card deposits allowed for non-Queensland junket participants
- Debit card deposits to casino player accounts expressly permitted
- Ordinary trading hours (10am-midnight) and Safe Night lockout rules don't apply to casino special facility licences
- Casino operators must give the chief executive a floor plan and CCTV diagram before opening
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee3 Dec 2015View Hansard
Referred to Infrastructure, Planning and Natural Resources Committee
The Infrastructure, Planning and Natural Resources Committee examined the bill and recommended it be passed. The bill facilitates the Queen's Wharf Brisbane integrated resort and casino development by the Destination Brisbane Consortium, ratifying the casino agreement and creating a new 'PDA-associated development' category in the Economic Development Act. The committee received eight submissions from councils and stakeholders, and noted multiple potential breaches of fundamental legislative principles but accepted the justifications provided.
Key findings (5)
- The Queen's Wharf Brisbane development was projected to create 2,000 construction jobs and 8,000 operational jobs, with a $272 million payment to the state and $880 million in guaranteed casino taxes over 10 years
- The bill ratifies the casino agreement which includes a 60-kilometre exclusivity zone around Brisbane GPO preventing new casino licences for a specified period
- The committee identified potential FLP breaches in clauses 34, 37, 73 and 93 relating to administrative power and lack of appeal rights, but accepted the department's justifications
- A new 'PDA-associated development' category was created to allow coordinated planning approval for development partly outside a priority development area, such as the proposed pedestrian bridge to South Bank
- Eight submitters including Brisbane City Council, the LGAQ, and the Destination Brisbane Consortium provided submissions
Recommendations (1)
- The committee recommends the Queen's Wharf Brisbane Bill 2015 be passed.
Committee report tabled
▸Second Reading19 Apr 2016View Hansard
▸18 members spoke18 support
As Attorney-General, moved the second reading of both cognated bills, outlining the legislative framework to support the $3 billion Queen's Wharf integrated resort development including casino agreement ratification, PDA-associated development provisions, and heritage protections.
“This project will transform the Queen's Wharf area into a vibrant new-world city development unlike any other offered in our state that will attract visitors and investment to Queensland.”— 2016-04-19View Hansard
Supported both bills as LNP shadow minister, crediting the former LNP government for initiating the Queen's Wharf project, but criticised Labor for negotiating the theatre out of the development deal in exchange for additional poker machine revenue.
“Under the LNP Brisbane would have had a new theatre provided without the need to resort to taxpayer funds—an extraordinary outcome. The ALP actually negotiated the theatre out of the deal.”— 2016-04-19View Hansard
Supported both bills as committee chair, describing the Queen's Wharf development as the most exciting project for Brisbane since Expo 88 and noting the committee unanimously recommended passage.
“This is one of the most exciting things that has happened to Brisbane since Expo 88. It will put Brisbane and Queensland on the map.”— 2016-04-19View Hansard
Supported both bills as committee member, crediting the former LNP government and noting the committee was satisfied with heritage protections and PDA-associated development provisions despite some concerns about ministerial powers.
“In the future the Queen's Wharf redevelopment project will live to be a legacy left behind by the Newman government.”— 2016-04-19View Hansard
Supported both bills as committee member, noting the strict suitability criteria for casino operators, heritage protections, and the rationale for PDA-associated development provisions to streamline the pedestrian bridge assessment.
“The committee voted unanimously, I believe on both occasions, to support the bill.”— 2016-04-19View Hansard
Supported both bills, emphasising the flow-on benefits for outback tourism in his electorate of Gregory as the project would attract international visitors who could then travel to regional Queensland.
“When people see the Brisbane project they will say, 'This is something that I want to see. I enjoy six-star accommodation and I would like the casino. I can also jump on a plane and spend a couple of days in the outback.'”— 2016-04-19View Hansard
Supported both bills as Minister for State Development, highlighting the estimated 11,500 flow-on jobs and supply chain opportunities for Queensland producers and regional businesses.
“The Queensland Investment Corporation estimates these jobs to be a staggering 11,500. That is jobs with local suppliers, jobs with food and beverage producers and jobs for tradespeople and other professionals.”— 2016-04-19View Hansard
Supported both bills as former Deputy Premier who initiated the Queen's Wharf project, detailing the courageous decisions required including embracing integrated resort development, building 1 William Street as a catalyst, and insisting on the pedestrian bridge to South Bank against bureaucratic advice.
“The Queen's Wharf project required a number of very courageous decisions to make happen. It did not just happen without a lot of soul searching on the part of those of us who made those decisions.”— 2016-04-19View Hansard
Supported both bills as former Treasurer who helped design the project, explaining the decision to follow the Singapore Marina Bay Sands model for integrated resort development rather than the Las Vegas or Macau models.
“This was not about handing out casinos to someone who could not make a cruise ship terminal work on the Gold Coast because they did not have any other idea. This was about driving tourism to the state of Queensland in three distinct areas.”— 2016-04-19View Hansard
Supported both bills as Minister for Main Roads, praising the world-class urban design that maximises public space, integrates heritage buildings, and connects the development to South Bank via a pedestrian bridge.
“The urban design of this project is absolutely world class and first rate. It has a quality about it that takes the principle of the democratisation of public space very well.”— 2016-04-19View Hansard
Supported both bills as the local member for Brisbane Central where Queen's Wharf is located, acknowledging both sides of the House contributed to the project and committing to keeping inner-city residents informed about construction impacts.
“Queen's Wharf will put Brisbane on the international map in the biggest way since Expo 88. It will be a transformative project that will change the face of Brisbane forever.”— 2016-04-19View Hansard
Supported both bills but criticised the government for moving the Cross River Rail station away from Queen's Wharf to a flood-prone location on Albert Street, arguing this undermined the project's tourism potential.
“The government keeps talking about how wonderful this project will be—it was started by the LNP—and about how it will attract people to Brisbane. What do those opposite want to do? They want to move a train station, which was proposed by the LNP to be next to Queen's Wharf, away and into an area that floods.”— 2016-04-19View Hansard
Supported both bills, arguing it was the Palaszczuk government that was delivering the development properly while criticising the LNP's handling of 1 William Street procurement, citing Queensland Audit Office concerns about value for money.
“Not only are we fixing the mess but we are enhancing the investment. We are enhancing the project and making sure that this is a project which is delivered and continues to enhance Brisbane's reputation as a world city.”— 2016-04-19View Hansard
Supported both bills, emphasising heritage protection provisions and job creation opportunities for her electorate in construction, tourism, hospitality and retail.
“Thankfully, we now have a sensible government and protections in place which acknowledge these heritage and culturally significant places.”— 2016-04-19View Hansard
Supported both bills as a once-in-a-lifetime project that would redefine Brisbane, create much-needed jobs and reduce reliance on the mineral resource sector.
“This is a once-in-a-lifetime project that will redefine Brisbane, a project which has been several years in the making and will ultimately cross all political divides.”— 2016-04-19View Hansard
Supported both bills, noting the development would be on state-owned land and highlighting the potential for Chinese tourism.
“Unlike those opposite, we are not selling assets. This development will be on state owned land.”— 2016-04-19View Hansard
Supported both bills, highlighting Queensland's leading business and consumer confidence figures and the potential for the project to address unemployment.
“When the Palaszczuk government took over after the 2015 election, unemployment was at an 11-year high. Although those figures sound scary, for people who have not had jobs for 18 months to two years, projects such as this one are a sign of what this government is about.”— 2016-04-19View Hansard
Supported both bills as Minister for Housing and Public Works, emphasising the 3,000 construction jobs and the importance of strong construction industry policy including action on nonconforming building products.
“Quality construction projects such as this are very important for the Queensland economy, which is why I support this project and the measures in the bills that facilitate its development.”— 2016-04-19View Hansard
▸In Detail19 Apr 2016View Hansard
Amendments 1-20 and 21-22: Technical and clarificatory amendments including replacing the proposed casino agreement with the executed Queen's Wharf Brisbane Casino Agreement, refining PDA-associated development criteria to address local government concerns (adding requirements that development must provide infrastructure, promote orderly planning, have economic/community benefit, and not be reasonably locatable within the PDA), and various consequential amendments.
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