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Queensland
Ports Bill 2014
Queensland
Ports Bill 2014
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Purpose of Act and achieving the purpose. . . . . . . . . . . . . . . . . . 10
3 Principles for achieving Act's purpose . . . . . . . . . . . . . . . . . . . . . 10
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Interpretation
5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
6 Application of provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 References to functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Priority port development areas
8 Priority port development areas for particular ports . . . . . . . . . . . 13
Part 3 Port planning instruments
Division 1 Preliminary
9 What is a port planning instrument. . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2 Making, amending and repealing port planning instruments
10 Process for making, amending or repealing port planning instruments14
11 Making or amending port planning instruments . . . . . . . . . . . . . . 14
12 Minister asks supporting entity for assistance . . . . . . . . . . . . . . . 16
13 Supporting entity prepares part of port planning instrument or
amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
14 Process if supporting entity prepares whole of port planning instrument
or amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
15 Minor or permissible amendments of port planning instruments . 18
16 Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
17 Permissible amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
18 Repealing port planning instruments . . . . . . . . . . . . . . . . . . . . . . 20
Ports Bill 2014
Contents
Division 3 Guidelines for port planning instruments
19 Ministerial guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 4 Relationship of particular port planning instruments with
other instruments
20 Master plans prevail over particular instruments . . . . . . . . . . . . . 21
21 PPDA development schemes prevail over particular instruments 22
22 Port land use plans prevail over local planning instruments. . . . . 22
23 Port planning instruments prevail over local laws. . . . . . . . . . . . . 22
Division 5 Miscellaneous provisions
24 Exchange of documents and information with responsible entities 23
25 Non-disclosure of commercially sensitive information . . . . . . . . . 24
26 Recording matters about land to which port planning instrument
applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Part 4 Port planning instruments for ports with a PPDA
Division 1 Preliminary
27 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 2 Master plans
Subdivision 1 Requirement for master plans
28 Master plan required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Content of master plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Subdivision 2 State powers for master plans
30 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
31 Power of Minister to direct action be taken. . . . . . . . . . . . . . . . . . 27
32 Power of Minister to take urgent action . . . . . . . . . . . . . . . . . . . . 28
Subdivision 3 Reviewing master plans
33 Requirement to review master plans . . . . . . . . . . . . . . . . . . . . . . 29
34 Public notice of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
35 Action Minister must take after review . . . . . . . . . . . . . . . . . . . . . 30
Division 3 PPDA development schemes
Subdivision 1 Requirement for PPDA development schemes
36 PPDA development scheme required. . . . . . . . . . . . . . . . . . . . . . 30
37 Content of PPDA development scheme . . . . . . . . . . . . . . . . . . . 31
Subdivision 2 Interim PPDA development scheme
38 Power to make interim PPDA development scheme . . . . . . . . . . 32
39 Duration of interim PPDA development scheme . . . . . . . . . . . . . 33
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Ports Bill 2014
Contents
Subdivision 3 Reviewing PPDA development schemes
40 Requirement to review PPDA development schemes . . . . . . . . . 33
41 Public notice of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
42 Action Minister must take after review . . . . . . . . . . . . . . . . . . . . . 34
Part 5 Port planning instruments for non-PPDA ports
Division 1 Preliminary
43 Application of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2 Port land use plans
Subdivision 1 Requirement for port land use plans
44 Port land use plan required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
45 Content of port land use plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Subdivision 2 Reviewing port land use plans
46 Requirement to review port land use plans . . . . . . . . . . . . . . . . . 36
47 Public notice of review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
48 Action Minister must take after review . . . . . . . . . . . . . . . . . . . . . 37
Part 6 Planning and development
Division 1 Development assessment
Subdivision 1 Relationship with Planning Act
49 Application of Planning Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Subdivision 2 Provisions about assessment manager and referral
agencies
50 Assessment manager and referral agency for port development
applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
51 Effect of referral agency's response . . . . . . . . . . . . . . . . . . . . . . . 39
52 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Subdivision 3 Particular provisions about development applications and
development approvals
53 Development application may include application for allocation of quarry
material. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
54 Requirement to give port entity notice of development approval . 41
Division 2 Protection of particular uses and rights
55 Lawful uses of premises protected . . . . . . . . . . . . . . . . . . . . . . . . 41
56 Lawfully constructed buildings and work protected . . . . . . . . . . . 42
57 Existing development approvals . . . . . . . . . . . . . . . . . . . . . . . . . . 42
58 Existing development applications . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 3 Exemptions and exceptions
59 Particular operational work that is tidal works . . . . . . . . . . . . . . . 43
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Contents
60 Owner's consent not required in particular circumstances . . . . . . 43
61 Reconfiguring a lot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
62 Exemption for emergency development or use . . . . . . . . . . . . . . 45
63 Subleases and licences under Land Act . . . . . . . . . . . . . . . . . . . 45
Division 4 Miscellaneous provisions
64 Roads and road closures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
65 Vesting land in permanently closed road . . . . . . . . . . . . . . . . . . . 46
66 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
67 Interim local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
68 Royalty or price for quarry material . . . . . . . . . . . . . . . . . . . . . . . 49
Part 7 Compensation for particular port planning instrument
changes
Division 1 Preliminary
69 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 2 Compensatory circumstances
70 Effect of particular port planning instruments. . . . . . . . . . . . . . . . 50
71 Effect of interim PPDA development schemes . . . . . . . . . . . . . . . 50
Division 3 Limits on compensatory circumstances
72 Time limit on claiming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
73 General exclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 4 Processing claims
74 Deciding and notifying compensation claims . . . . . . . . . . . . . . . . 52
75 Notifying decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
76 Calculating amount of compensation . . . . . . . . . . . . . . . . . . . . . 52
77 When compensation is payable . . . . . . . . . . . . . . . . . . . . . . . . . . 53
78 Payment of compensation to be recorded on title . . . . . . . . . . . . 53
Division 5 Appeals
79 Appeals against decisions on compensation claims . . . . . . . . . . 54
80 Procedure for an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
81 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Part 8 Prohibitions relating to Great Barrier Reef World Heritage
Area
Division 1 Significant port development prohibition
82 No approvals for significant port development . . . . . . . . . . . . . . . 55
Division 2 Dredging prohibition
83 What is prohibited dredging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
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Contents
84 No approvals for prohibited dredging . . . . . . . . . . . . . . . . . . . . . . 56
85 Relationship with particular Acts . . . . . . . . . . . . . . . . . . . . . . . . . 57
Part 9 General
Division 1 Offences
86 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
87 Refusal of disclosure of commercially sensitive information . . . . 58
88 Giving false or misleading document . . . . . . . . . . . . . . . . . . . . . . 59
Division 2 Evidentiary and legal proceedings
89 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 3 Provisions about performance of functions etc. under this
Act
90 Ministerial delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
91 Ministerial directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
92 Protection from civil liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 4 Other administrative matters
93 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
94 Access to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
95 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
96 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Part 10 Transitional provisions
Division 1 Preliminary
97 Definitions for pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
98 References to former provisions. . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 2 Provisions for Transport Infrastructure Act
99 Existing land use plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
100 Continued application of repealed provisions to PPDA ports . . . . 64
101 Making or amending land use plans for non-PPDA ports . . . . . . 65
102 Special arrangements for ports of Gladstone and Rockhampton. 66
Division 3 Prohibitions relating to Great Barrier Reef World Heritage
Area
103 Particular development exempted . . . . . . . . . . . . . . . . . . . . . . . . 66
104 Existing approvals not affected. . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 4 Transitional regulation-making power
105 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 67
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Ports Bill 2014
Contents
Part 11 Amendment of Acts
Division 1 Amendment of this Act
106 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
107 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Division 2 Amendment of State Development and Public Works
Organisation Act 1971
108 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
109 Amendment of pt 4A, hdg (Assessment and approval of particular
coordinated projects under bilateral agreement) . . . . . . . . . . . . . 68
110 Amendment of s 54H (Application and purpose of pt 4A) . . . . . . 68
111 Insertion of new ss 54HA and 54HB . . . . . . . . . . . . . . . . . . . . . . 69
54HA What is a bilateral project . . . . . . . . . . . . . . . . . . . . . . 69
54HB Declaration of port development activity. . . . . . . . . . . 69
112 Amendment of s 54I (Definitions for pt 4A). . . . . . . . . . . . . . . . . . 69
113 Amendment of pt 4A, div 2, hdg (Coordinated projects to be assessed
under this part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
114 Amendment of s 54J (Declaration for coordinated project for this part)
70
115 Amendment of s 54K (Application for declaration) . . . . . . . . . . . . 71
116 Amendment of s 54M (Cancellation of declaration) . . . . . . . . . . . 71
117 Amendment of s 54N (Lapsing of declaration) . . . . . . . . . . . . . . . 71
118 Amendment of s 54O (Application of div 3) . . . . . . . . . . . . . . . . . 71
119 Amendment of s 54P (Preparation of draft protected matters report) 72
120 Amendment of s 54Q (Public notification of draft protected matters
report). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
121 Amendment of s 54R (Proponent must finalise protected matters report
after public notification). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
122 Amendment of s 54S (Coordinator-General may seek further
information or comments). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
123 Amendment of s 54T (Decision about approving undertaking of
coordinated project) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
124 Amendment of s 54U (Conditions) . . . . . . . . . . . . . . . . . . . . . . . . 73
125 Amendment of s 54V (Jurisdiction for conditions) . . . . . . . . . . . . 73
126 Amendment of s 54W (Criteria for decision) . . . . . . . . . . . . . . . . 73
127 Amendment of s 54Y (Issuing environmental approval) . . . . . . . . 73
128 Amendment of s 54Z (Application for amendment) . . . . . . . . . . . 73
129 Amendment of s 54ZA (Coordinator-General may seek further
information or comments). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
130 Amendment of s 54ZB (Public notification of amendment application) 74
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131 Amendment of s 54ZC (Deciding amendment application) . . . . . 74
132 Amendment of s 54ZF (Cancellation or suspension at proponent's
request) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
133 Amendment of s 54ZG (Cancellation or suspension for grounds
including contravention or unforeseen significant impact) . . . . . . 75
134 Amendment of s 54ZH (Notice of proposed cancellation or suspension)
75
135 Amendment of s 54ZI (Notice of cancellation or suspension decision) 75
136 Amendment of s 54ZJA (Request to reinstate cancelled or suspended
environmental approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
137 Amendment of s 54ZL (Compliance under Environmental Protection
Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
138 Amendment of s 54ZM (Declarations) . . . . . . . . . . . . . . . . . . . . . 76
139 Insertion of new s 54ZMA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
54ZMA Conditions of environmental approvals prevail over
conditions of other approvals . . . . . . . . . . . . . . . . . . . 76
140 Amendment of s 54ZN (Fees for pt 4A) . . . . . . . . . . . . . . . . . . . . 77
141 Insertion of new s 54ZNA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
54ZNA Coordinator-General may waive or reduce fee. . . . . . 78
142 Amendment of s 54ZO (Recovering the cost of advice or services for
assessment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
143 Insertion of new s 54ZP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
54ZP Notice of change of proponent, contact details or registered
office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
144 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 79
Division 3 Amendment of Transport Infrastructure Act 1994
145 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
146 Amendment of s 267 (Definitions for chapter) . . . . . . . . . . . . . . . 80
147 Amendment of s 267AA (Meaning of port area). . . . . . . . . . . . . . 80
148 Amendment of s 278 (Powers of port authorities) . . . . . . . . . . . . 81
149 Amendment of s 282 (Port authority or port lessor may control activities
by port notice). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
150 Amendment of s 282E (Port notice--parking or stopping of vehicles) 81
151 Omission of ch 8, pt 4, div 1 and div 2 hdg . . . . . . . . . . . . . . . . . 82
152 Amendment of s 287A (Impact of particular development and port
operations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
153 Amendment of s 288 (Restrictions on dealing in property) . . . . . 82
154 Amendment of s 295 (Notices at entrances) . . . . . . . . . . . . . . . . 82
155 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 82
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Contents
Division 4 Minor and consequential amendments of other legislation
156 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Schedule 2 Consequential or minor amendments . . . . . . . . . . . . . . . . . . . 93
Coastal Protection and Management Regulation 2003 . . . . . . . . 93
Land Act 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Land Tax Act 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Local Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Local Government Regulation 2012 . . . . . . . . . . . . . . . . . . . . . . 95
State Development and Public Works Organisation Regulation 2010 95
Survey and Mapping Infrastructure Act 2003 . . . . . . . . . . . . . . . 96
Sustainable Planning Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Sustainable Planning Regulation 2009 . . . . . . . . . . . . . . . . . . . . 98
Page 8
2014
A Bill
for
an Act to provide for the development of ports through
long-term planning while protecting and managing
environmental assets, to amend the State Development and
Public Works Organisation Act 1971 and the Transport
Infrastructure Act 1994 for particular purposes, and to make
consequential or minor amendments of this Act and other
legislation mentioned in schedule 2
Ports Bill 2014
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Ports Act 2014. 5
2 Purpose of Act and achieving the purpose 6
(1) The purpose of this Act is to stimulate Queensland's 7
economic growth while protecting and managing 8
Queensland's outstanding environmental assets. 9
(2) The purpose is achieved through planning for the efficient use 10
and development of long-established major ports in a way 11
that-- 12
(a) increases their contribution to the State's economy; and 13
(b) protects and manages environmental assets, including 14
the Great Barrier Reef; and 15
(c) is consistent with ecologically sustainable development. 16
3 Principles for achieving Act's purpose 17
(1) The purpose of this Act is intended to be achieved in 18
accordance with principles that include the following-- 19
(a) long-term planning for all ports; 20
(b) concentrating port development in the long-established 21
major ports; 22
(c) recognising the diverse functions of the port network, 23
including trade, tourism and defence operations; 24
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Ports Bill 2014
Part 1 Preliminary
[s 3]
(d) efficiently using existing port and supply chain 1
infrastructure; 2
(e) expanding port and supply chain capacity in a staged 3
and incremental way to meet emerging demand for 4
imports and exports; 5
(f) identifying and protecting land and infrastructure 6
critical to the effective operation of the port network; 7
(g) maximising the community and economic benefits of 8
port development and minimising potential adverse 9
impacts on social, environmental and cultural heritage 10
values; 11
(h) avoiding unacceptable impacts on environmental values 12
by having regard to the avoid, mitigate, offset hierarchy. 13
(2) The avoid, mitigate, offset hierarchy is the following 14
precepts, listed in the preferred order in which land use 15
planning for ports should be considered-- 16
(a) avoid impacts on environmental values, including on 17
any of the following-- 18
(i) a matter of national environmental significance 19
under the Commonwealth Environment Act, 20
chapter 2; 21
(ii) an outstanding universal value within the meaning 22
of the World Heritage Convention (Article 11); 23
(iii) a matter of State environmental significance that is 24
prescribed as a prescribed environmental matter 25
under the Environmental Offsets Act 2014; 26
(b) mitigate impacts on environmental values; 27
(c) offset any significant residual loss of environmental 28
values that can not be avoided or mitigated. 29
(3) In this section-- 30
World Heritage Convention means the Convention for the 31
Protection of the World Cultural and Natural Heritage that has 32
been adopted by the General Conference of the United 33
Nations Educational, Scientific and Cultural Organization, a 34
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Ports Bill 2014
Part 1 Preliminary
[s 4]
copy of which is set out in the Wet Tropics World Heritage 1
Protection and Management Act 1993, schedule 2. 2
4 Act binds all persons 3
(1) This Act binds all persons, including the State and, to the 4
extent the legislative power of the Parliament permits, the 5
Commonwealth and the other States. 6
(2) However, the Commonwealth or a State can not be prosecuted 7
for an offence against this Act. 8
Division 2 Interpretation 9
5 Dictionary 10
The dictionary in schedule 1 defines particular words used in 11
this Act. 12
6 Application of provisions 13
(1) This section applies if a provision of this Act applies to any of 14
the following (the applied law) for a purpose-- 15
(a) another provision of this Act; 16
(b) another law; 17
(c) a provision of another law. 18
(2) The applied law and any definition relevant to it apply with 19
necessary changes. 20
(3) Subsection (2) is not limited merely because a provision states 21
how the applied law is to apply. 22
7 References to functions 23
In this Act-- 24
(a) a reference to a function includes a reference to a power; 25
and 26
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Ports Bill 2014
Part 2 Priority port development areas
[s 8]
(b) a reference to performing a function includes a 1
reference to exercising a power. 2
Part 2 Priority port development areas 3
8 Priority port development areas for particular ports 4
(1) Each of the following ports has, on the making of a master 5
plan for the port, a priority port development area-- 6
(a) Port of Abbot Point; 7
(b) Port of Gladstone; 8
(c) the ports of Hay Point and Mackay; 9
(d) Port of Townsville. 10
Notes-- 11
1 The PPDA for the ports of Hay Point and Mackay comprises 2 12
areas. One area is for the Port of Hay Point and the other for the 13
Port of Mackay. 14
2 For provisions about the Port of Brisbane, see the Transport 15
Infrastructure Act. In particular, see chapter 8, parts 3C, 4C, 4D and 16
4E of that Act. 17
(2) The priority port development area or PPDA for a port is the 18
area identified in the port's master plan as its priority port 19
development area. 20
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Part 3 Port planning instruments 1
Division 1 Preliminary 2
9 What is a port planning instrument 3
(1) Each of the following is a port planning instrument-- 4
(a) a master plan; 5
(b) a PPDA development scheme, including an interim 6
PPDA development scheme; 7
(c) a port land use plan. 8
(2) A port planning instrument is a statutory instrument. 9
Division 2 Making, amending and repealing 10
port planning instruments 11
10 Process for making, amending or repealing port planning 12
instruments 13
The process stated in this division must be used for making, 14
amending or repealing a port planning instrument. 15
11 Making or amending port planning instruments 16
(1) If the Minister proposes to make or amend a port planning 17
instrument, the Minister must publish a public notice 18
stating-- 19
(a) where copies of the proposed port planning instrument, 20
or proposed amendment, (the instrument) are available 21
for inspection and purchase; and 22
(b) a phone number or email address to contact for 23
information about the instrument; and 24
(c) that a person may make a written submission about any 25
aspect of the instrument to the Minister; and 26
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[s 11]
(d) the requirements for properly making a submission; and 1
(e) the period within which a submission may be made, that 2
must be at least-- 3
(i) if the Minister proposes to make a port planning 4
instrument--30 business days after the public 5
notice is published; or 6
(ii) if the Minister proposes to amend a port planning 7
instrument--20 business days after the public 8
notice is published. 9
(2) The Minister must give each affected port entity and affected 10
local government a copy of-- 11
(a) the public notice; and 12
(b) the instrument. 13
(3) After the Minister considers all submissions made in 14
accordance with the public notice, the Minister must decide-- 15
(a) to make the instrument; or 16
(b) to make the instrument with the amendments the 17
Minister considers appropriate; or 18
(c) not to make the instrument. 19
(4) If the Minister decides to make the instrument (with or 20
without amendments), the Minister must-- 21
(a) publish the decision in a public notice stating-- 22
(i) the day the instrument was made; and 23
(ii) where a copy of the instrument is available for 24
inspection and purchase; and 25
(b) give each affected port entity and affected local 26
government a copy of the notice. 27
(5) The instrument has effect on-- 28
(a) the day after the notice mentioned in subsection (4) is 29
published; or 30
(b) a later day stated in the instrument. 31
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(6) If the Minister decides not to make the instrument, the 1
Minister must publish the decision in a public notice. 2
12 Minister asks supporting entity for assistance 3
The Minister may ask any of the following persons (each a 4
supporting entity) to assist the Minister to make or amend a 5
port planning instrument by preparing, or preparing a part of, 6
the instrument or amendment-- 7
(a) the chief executive; 8
(b) the coordinator-general; 9
(c) a port entity; 10
(d) a local government. 11
13 Supporting entity prepares part of port planning 12
instrument or amendment 13
If the Minister asks a supporting entity to prepare a part of a 14
port planning instrument or a part of an amendment of a port 15
planning instrument, the supporting entity must prepare the 16
part and give it to the Minister. 17
Note-- 18
After the supporting entity prepares the part, the Minister makes or 19
amends the port planning instrument under section 11. 20
14 Process if supporting entity prepares whole of port 21
planning instrument or amendment 22
(1) This section applies for the Minister making or amending a 23
port planning instrument if the Minister asks a supporting 24
entity to prepare the whole port planning instrument or the 25
whole amendment of a port planning instrument. 26
(2) The supporting entity must publish a public notice stating-- 27
(a) where copies of the proposed port planning instrument, 28
or proposed amendment, (the instrument) are available 29
for inspection and purchase; and 30
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(b) a phone number or email address to contact for 1
information about the instrument; and 2
(c) a person may make a written submission about any 3
aspect of the instrument to the supporting entity; and 4
(d) the requirements for properly making a submission; and 5
(e) the period within which a submission may be made, that 6
must be at least-- 7
(i) if the Minister proposes to make a port planning 8
instrument--30 business days after the public 9
notice is published; or 10
(ii) if the Minister proposes to amend a port planning 11
instrument--20 business days after the public 12
notice is published. 13
(3) The supporting entity must give each affected port entity and 14
affected local government a copy of-- 15
(a) the public notice; and 16
(b) the instrument. 17
(4) After the supporting entity considers all submissions made in 18
accordance with the public notice, the supporting entity must 19
make any amendments of the instrument the entity considers 20
appropriate. 21
(5) The supporting entity must give the Minister-- 22
(a) a copy of the instrument; and 23
(b) a copy of any submissions made; and 24
(c) if the instrument has been amended-- 25
(i) how the instrument was amended because of the 26
submissions and a description of the amendments; 27
and 28
(ii) a copy of the instrument as amended. 29
(6) After the Minister considers the documents given to the 30
Minister under subsection (5), the Minister must decide-- 31
(a) to make the instrument or the instrument as amended; or 32
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(b) to make the instrument with the amendments the 1
Minister considers appropriate; or 2
(c) not to make the instrument or the instrument as 3
amended. 4
(7) If the Minister decides to make the instrument (with or 5
without amendments), the Minister must-- 6
(a) publish the decision in a public notice stating-- 7
(i) the day the instrument was made; and 8
(ii) where a copy of the instrument is available for 9
inspection and purchase; and 10
(b) give each affected port entity and affected local 11
government a copy of the notice. 12
(8) The instrument has effect on-- 13
(a) the day after the notice mentioned in subsection (7) is 14
published; or 15
(b) a later day stated in the instrument. 16
(9) If the Minister decides not to make the instrument or the 17
instrument as amended, the Minister must publish the 18
decision in a public notice. 19
(10) This section applies despite section 11. 20
15 Minor or permissible amendments of port planning 21
instruments 22
(1) The Minister may make a minor amendment or permissible 23
amendment of a port planning instrument without complying 24
with section 11 or 14. 25
(2) If the Minister, in making a minor amendment or permissible 26
amendment of a port planning instrument, asks a supporting 27
entity to prepare the amendment, the supporting entity may 28
prepare the amendment without complying with section 14. 29
(3) If the Minister makes a minor amendment or permissible 30
amendment of a port planning instrument, the Minister must 31
publish a public notice stating-- 32
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(a) a brief description of the amendment; and 1
(b) the day the amendment was made; and 2
(c) where a copy of the port planning instrument, as 3
amended, is available for inspection and purchase. 4
(4) The amendment has effect on-- 5
(a) the day after the public notice is published; or 6
(b) a later day stated in the amendment. 7
16 Minor amendments 8
(1) A minor amendment of a port planning instrument is-- 9
(a) an amendment that corrects or otherwise changes-- 10
(i) a spelling, grammatical or mapping error in the 11
instrument; or 12
(ii) an explanatory matter about the instrument; or 13
(iii) the format or presentation of the instrument; or 14
(iv) a factual matter incorrectly stated in the 15
instrument; or 16
(v) a redundant or outdated term in the instrument; or 17
(vi) numbering of provisions in the instrument; or 18
(vii) a cross-reference in the instrument; or 19
(b) another amendment of a minor nature prescribed by 20
regulation. 21
17 Permissible amendments 22
A permissible amendment of a port planning instrument is-- 23
(a) subject to paragraph (e), an amendment that corrects or 24
otherwise changes a property description or property 25
boundary, if the change does not alter the boundary of a 26
PPDA, core port area, future investigation area, strategic 27
port land or future strategic port land; or 28
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[s 18]
(b) an amendment the Minister considers is made to ensure 1
a State planning instrument, or part of a State planning 2
instrument, is appropriately reflected in the instrument; 3
or 4
(c) an amendment the Minister considers is made to 5
reflect-- 6
(i) a development approval; or 7
(ii) a designation of land for community infrastructure 8
under the Planning Act, section 200; or 9
(iii) an approval, or a condition of an approval, under a 10
Commonwealth Act, including, in particular-- 11
(A) the Commonwealth Environment Act; and 12
(B) the Environment Protection (Sea Dumping) 13
Act 1981 (Cwlth); and 14
(C) the Great Barrier Reef Marine Park Act 15
1975 (Cwlth); or 16
(iv) a change to a Commonwealth Act, or plans, 17
policies or guidelines under a Commonwealth Act; 18
or 19
(d) for a port planning instrument that is a master plan--an 20
amendment of the master plan the Minister considers is 21
made to reflect a PPDA development scheme or an 22
amendment of a PPDA development scheme; or 23
(e) for a port planning instrument that is a port land use 24
plan--an amendment of the plan to change future 25
strategic port land to strategic port land. 26
Note-- 27
See, however, sections 99(4) and 101(5). 28
18 Repealing port planning instruments 29
(1) The Minister may repeal a port planning instrument by 30
making another port planning instrument that specifically 31
repeals the instrument. 32
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(2) The port planning instrument is repealed on the day the other 1
port planning instrument has effect. 2
(3) Despite subsections (1) and (2), if the Minister repeals a 3
master plan for a PPDA, the PPDA development scheme for 4
the PPDA is also repealed. 5
(4) For subsection (3), the PPDA development scheme is repealed 6
on the day the master plan replacing the repealed master plan 7
has effect. 8
Division 3 Guidelines for port planning 9
instruments 10
19 Ministerial guidelines 11
(1) The Minister may make guidelines about matters that may be 12
included in a port planning instrument. 13
(2) The Minister must publicly notify the guidelines. 14
Division 4 Relationship of particular port 15
planning instruments with other 16
instruments 17
20 Master plans prevail over particular instruments 18
If there is an inconsistency between a master plan and any of 19
the following instruments, the master plan prevails to the 20
extent of the inconsistency-- 21
(a) a planning instrument; 22
(b) an approved development scheme for a State 23
development area under the State Development Act; 24
(c) a development scheme, or an interim land use plan, for a 25
priority development area under the Economic 26
Development Act; 27
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Part 3 Port planning instruments
[s 21]
(d) a PPDA development scheme; 1
(e) a port land use plan. 2
21 PPDA development schemes prevail over particular 3
instruments 4
A PPDA development scheme prevails over the following 5
instruments-- 6
(a) a planning instrument; 7
(b) an approved development scheme for a State 8
development area under the State Development Act; 9
(c) a development scheme, or an interim land use plan, for a 10
priority development area under the Economic 11
Development Act; 12
(d) a port land use plan. 13
22 Port land use plans prevail over local planning 14
instruments 15
If there is an inconsistency between a port land use plan in its 16
application to strategic port land and a local planning 17
instrument, the port land use plan prevails to the extent of the 18
inconsistency. 19
23 Port planning instruments prevail over local laws 20
If there is an inconsistency between a port planning 21
instrument and a local law, the port planning instrument 22
prevails to the extent of the inconsistency. 23
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Division 5 Miscellaneous provisions 1
24 Exchange of documents and information with 2
responsible entities 3
(1) This section applies if the Minister proposes to make or 4
amend a port planning instrument. 5
(2) The Minister may ask a responsible entity to give the Minister 6
the documents or information the responsible entity has that 7
the Minister reasonably needs to make or amend the port 8
planning instrument. 9
(3) A responsible entity is any of the following-- 10
(a) an affected port entity; 11
(b) an affected local government; 12
(c) a government entity that has planning or registration 13
functions for land or development in the area to which 14
the port planning instrument applies or will apply. 15
(4) Subsection (5) applies if the Minister asks a supporting entity 16
under section 13 or 14 to assist the Minister to make or amend 17
the port planning instrument by preparing, or preparing a part 18
of, the instrument or amendment. 19
(5) The supporting entity may ask a responsible entity to give the 20
supporting entity the documents or information the 21
responsible entity has that the supporting entity reasonably 22
needs to prepare, or prepare the part of, the instrument or 23
amendment. 24
(6) The responsible entity must comply with a request under 25
subsection (2) or (5) within a reasonable period. 26
(7) Documents or information required to be given under this 27
section must be given free of charge. 28
(8) In this section-- 29
government entity means an entity as defined under the 30
Public Service Act 2008, section 24. 31
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[s 25]
25 Non-disclosure of commercially sensitive information 1
(1) This section applies if-- 2
(a) a responsible entity gives the Minister or a supporting 3
entity (each a receiver) information about a person 4
under section 24 in relation to the making or amendment 5
of a port planning instrument; and 6
(b) the responsible entity advises the receiver that the 7
information is commercially sensitive; and 8
(c) the receiver believes disclosure of the information-- 9
(i) would be likely to damage the person's 10
commercial activities; and 11
(ii) would not be in the public interest. 12
(2) The receiver must take all reasonable steps to ensure the 13
information is not, without the person's consent, disclosed to 14
another person other than-- 15
(a) in the administration of this Act; or 16
(b) in a proceeding under this Act; or 17
(c) in a proceeding before a court in which the information 18
is relevant to the issue before the court; or 19
(d) if the receiver is the Minister--an employee of a 20
department who receives the information in the course 21
of the employee's duties; or 22
(e) if the receiver is the supporting entity--an employee of 23
the supporting entity who receives the information in the 24
course of the employee's duties. 25
(3) Disclosure of the information under subsection (2) is 26
restricted to that part of the information the receiving entity 27
has that the receiver reasonably needs to make or amend the 28
port planning instrument. 29
(4) An employee mentioned in subsection (2)(d) must not 30
disclose to any person the information the employee obtains 31
under subsection (2) other than to another employee of a 32
department in the course of the employee's duties. 33
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Part 4 Port planning instruments for ports with a PPDA
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(5) An employee mentioned in subsection (2)(e) must not 1
disclose to any person the information the employee obtains 2
under subsection (2) other than to another employee of the 3
supporting entity in the course of the employee's duties. 4
(6) In this section-- 5
information includes a document. 6
responsible entity see section 24(3). 7
26 Recording matters about land to which port planning 8
instrument applies 9
(1) This section applies to a local government for a local 10
government area in which a port is situated. 11
(2) The local government must ensure there is a record-- 12
(a) on each relevant map in its planning scheme identifying 13
the land to which a port planning instrument applies; 14
and 15
(b) in its planning scheme stating where a copy of the port 16
planning instrument is available for inspection and 17
purchase. 18
Part 4 Port planning instruments for 19
ports with a PPDA 20
Division 1 Preliminary 21
27 Application of pt 4 22
This part applies to a port mentioned in section 8(1). 23
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Division 2 Master plans 1
Subdivision 1 Requirement for master plans 2
28 Master plan required 3
(1) The Minister must, within 3 years after the commencement, 4
make a master plan for each port. 5
(2) A single master plan may be made for the ports of Hay Point 6
and Mackay. 7
(3) A master plan for a port must identify the following areas for 8
the port, and state the location of the area's boundaries-- 9
(a) the PPDA; 10
(b) the core port area; 11
(c) any future investigation area. 12
(4) Each of the areas mentioned in subsection (3) may comprise 13
land that is not contiguous. 14
29 Content of master plan 15
In addition to identifying the areas mentioned in section 28 for 16
a port, the port's master plan must include the following-- 17
(a) the strategic vision, objectives and desired outcomes for 18
the PPDA for the next 30 or more years (the master plan 19
goals); 20
(b) the activities and land uses in the PPDA for the next 30 21
or more years; 22
(c) the potential activities and land uses in any future 23
investigation area; 24
(d) a plan for achieving the master plan goals; 25
(e) any other matter prescribed by regulation. 26
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Subdivision 2 State powers for master plans 1
30 Definitions for sdiv 2 2
In this subdivision-- 3
instrument means any of the following-- 4
(a) a planning instrument; 5
(b) an approved development scheme for a State 6
development area under the State Development Act; 7
(c) a development scheme, or an interim land use plan, for a 8
priority development area under the Economic 9
Development Act. 10
planning entity, for an instrument, means-- 11
(a) if the instrument is a planning instrument--a local 12
government with a local government area that the 13
Minister considers is or will be affected by the 14
instrument; or 15
(b) if the instrument is a development scheme approved 16
under the State Development Act--the 17
coordinator-general; or 18
(c) if the instrument is a development scheme, or an interim 19
land use plan, for a priority development area under the 20
Economic Development Act--MEDQ under that Act. 21
31 Power of Minister to direct action be taken 22
(1) This section applies if the Minister considers a planning entity 23
for an existing or proposed instrument should take an action in 24
relation to the instrument, or a proposed amendment of the 25
instrument if it is an existing instrument, to ensure the 26
instrument is consistent with a master plan. 27
(2) The Minister must give the planning entity a written notice 28
stating-- 29
(a) the action the Minister considers should be taken; and 30
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Part 4 Port planning instruments for ports with a PPDA
[s 32]
(b) the reasons for taking the action; and 1
(c) the reasonable period within which the entity may make 2
submissions to the Minister about the action. 3
(3) After the Minister considers all submissions made in 4
accordance with the notice, the Minister may decide-- 5
(a) to direct the planning entity to take the action mentioned 6
in the notice; or 7
(b) to direct the planning entity to take other action; or 8
(c) not to direct the planning entity to take the action. 9
(4) The Minister must give the planning entity a written notice 10
of-- 11
(a) the decision; and 12
(b) the reasons for the decision; and 13
(c) if the entity is directed to take action-- 14
(i) the nature of the action; and 15
(ii) a reasonable period within which the entity must 16
take the action. 17
32 Power of Minister to take urgent action 18
(1) This section applies if the Minister considers-- 19
(a) an action should be taken in relation to an existing or 20
proposed instrument, or a proposed amendment of an 21
instrument, to ensure the instrument is consistent with a 22
master plan; and 23
(b) the action must be taken urgently. 24
(2) The Minister may give a planning entity for the instrument a 25
written notice stating-- 26
(a) the action the Minister intends to take; and 27
(b) the reasons for taking the action. 28
(3) After giving the notice, the Minister may take the action 29
without-- 30
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[s 33]
(a) giving a direction to the planning entity under section 1
31; or 2
(b) consulting with anyone before taking the action. 3
(4) The action taken by the Minister has the same effect as if the 4
planning entity had taken the action. 5
(5) If the planning entity is a local government, any expense 6
reasonably incurred by the Minister in taking the action may 7
be recovered from the local government as a debt owing to the 8
State. 9
Subdivision 3 Reviewing master plans 10
33 Requirement to review master plans 11
(1) The Minister must complete a review of each master plan at 12
least every 10 years after the plan has effect. 13
(2) The review must include an assessment of-- 14
(a) whether the boundaries of the PPDA, core port area and 15
any future investigation area that are identified in the 16
master plan are still appropriate having regard to the 17
master plan goals; and 18
(b) whether the boundaries should be changed. 19
(3) Subsection (1) does not limit the Minister's power to review a 20
master plan at any time. 21
34 Public notice of review 22
(1) In conducting a review of a master plan, the Minister must 23
publish a public notice stating-- 24
(a) that a review is being conducted; and 25
(b) that written submissions about any aspect of the master 26
plan may be made by anyone; and 27
(c) the period (the submission period) during which 28
submissions may be made to the Minister; and 29
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Part 4 Port planning instruments for ports with a PPDA
[s 35]
(d) the requirements for a properly made submission. 1
(2) The submission period must be at least 20 business days after 2
the notice is published. 3
(3) The Minister must consider all properly made submissions 4
about the master plan made to the Minister during the 5
submission period before taking action under section 35. 6
35 Action Minister must take after review 7
(1) After reviewing a master plan, the Minister must-- 8
(a) prepare a new master plan; or 9
(b) amend the master plan; or 10
(c) if the Minister is satisfied the master plan is suitable to 11
continue without amendment--decide to take no further 12
action. 13
(2) If the Minister decides to take no further action, the Minister 14
must table in the Legislative Assembly a report stating the 15
reasons for the decision. 16
Division 3 PPDA development schemes 17
Subdivision 1 Requirement for PPDA development 18
schemes 19
36 PPDA development scheme required 20
(1) The Minister must make a PPDA development scheme for a 21
port's PPDA, or part of a port's PPDA, (the development 22
scheme area) at the same time as, or as soon as practicable 23
after, the making of the master plan for the port. 24
(2) The development scheme area must include the port's core 25
port area. 26
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(3) The PPDA development scheme must identify the 1
development scheme area and state the location of the area's 2
boundaries. 3
37 Content of PPDA development scheme 4
(1) The PPDA development scheme for a development scheme 5
area may provide for any matter the Minister considers will 6
promote the proper and orderly planning, development and 7
management of the area. 8
(2) The PPDA development scheme must include-- 9
(a) a plan regulating development in the development 10
scheme area; and 11
(b) a plan for infrastructure, including a plan for core port 12
infrastructure and port related development, in the 13
development scheme area; and 14
(c) an environmental management framework to manage 15
the potential impact of development; and 16
(d) a table of assessment for the development scheme area; 17
and 18
(e) any other matter prescribed by regulation. 19
(3) Without limiting subsection (2)(a), the PPDA development 20
scheme may provide for any matter about which a planning 21
instrument may provide for an area. 22
(4) An environmental management framework may apply to the 23
whole or a part of the port's development scheme area, but the 24
area to which it applies must include the port's core port area. 25
(5) Despite subsections (1) to (3), the PPDA development scheme 26
is subject to part 6, division 2. 27
(6) In making the PPDA development scheme, the Minister must 28
consider, but is not bound by, a requirement under any of the 29
following relevant to the development scheme area-- 30
(a) a planning instrument; 31
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[s 38]
(b) an approved development scheme for a State 1
development area under the State Development Act; 2
(c) a development scheme, or an interim land use plan, for a 3
priority development area under the Economic 4
Development Act; 5
(d) a plan, policy or code made under the Planning Act or 6
another Act. 7
(7) In this section-- 8
environmental management framework means a framework 9
that-- 10
(a) identifies environmental values; and 11
(b) states how impacts on the environmental values will be 12
managed. 13
Subdivision 2 Interim PPDA development scheme 14
38 Power to make interim PPDA development scheme 15
(1) The Minister may make a PPDA development scheme (an 16
interim PPDA development scheme) by publishing a public 17
notice about the scheme if the Minister considers the scheme 18
is urgently required-- 19
(a) to give effect to the master plan goals in a master plan; 20
or 21
(b) to protect or give effect to a State interest. 22
(2) The notice must state-- 23
(a) the port to which the interim PPDA development 24
scheme relates; and 25
(b) where a copy of the scheme may be inspected. 26
(3) An interim PPDA development scheme may provide for 27
anything for which a PPDA development scheme may 28
provide. 29
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Part 4 Port planning instruments for ports with a PPDA
[s 39]
(4) Part 3, division 2 does not apply to an interim PPDA 1
development scheme despite section 10. 2
(5) In this section-- 3
State interest means an interest the Minister considers to be-- 4
(a) an economic, community or environmental interest of 5
the State or a part of the State; or 6
(b) the interest of ensuring this Act's purpose is achieved, 7
having regard to the principles for achieving this Act's 8
purpose mentioned in section 3. 9
39 Duration of interim PPDA development scheme 10
(1) An interim PPDA development scheme has effect on-- 11
(a) the day after the public notice is published; or 12
(b) a later day stated in the scheme. 13
(2) An interim PPDA development scheme has effect until the 14
earliest of the following-- 15
(a) 2 years after the day the scheme first has effect; 16
(b) the day stated in the scheme that the scheme is to have 17
effect; 18
(c) a PPDA development scheme that replaces the interim 19
PPDA development scheme has effect. 20
Subdivision 3 Reviewing PPDA development 21
schemes 22
40 Requirement to review PPDA development schemes 23
(1) As soon as practicable after the amendment of a master plan 24
for a port, other than a minor or permissible amendment of a 25
master plan, the Minister must conduct a review of the PPDA 26
development scheme for the port's PPDA to assess the 27
effectiveness and relevance of the PPDA development 28
scheme. 29
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Part 4 Port planning instruments for ports with a PPDA
[s 41]
(2) The review must include an assessment of whether changes 1
are required to the PPDA development scheme to make it 2
consistent with the amended master plan. 3
(3) Subsection (1) does not limit the Minister's power to review a 4
PPDA development scheme at any time. 5
41 Public notice of review 6
(1) In conducting a review of a PPDA development scheme, the 7
Minister must publish a public notice stating-- 8
(a) that a review is being conducted; and 9
(b) that written submissions about any aspect of the PPDA 10
development scheme may be made by anyone; and 11
(c) the period (the submission period) during which 12
submissions may be made to the Minister; and 13
(d) the requirements for a properly made submission. 14
(2) The submission period must be at least 20 business days after 15
the notice is published. 16
(3) The Minister must consider all properly made submissions 17
about the PPDA development scheme made to the Minister 18
during the submission period before taking action under 19
section 42. 20
42 Action Minister must take after review 21
(1) After reviewing a PPDA development scheme, the Minister 22
must-- 23
(a) prepare a new PPDA development scheme; or 24
(b) amend the PPDA development scheme; or 25
(c) if the Minister is satisfied the PPDA development 26
scheme is suitable to continue without 27
amendment--decide to take no further action. 28
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Ports Bill 2014
Part 5 Port planning instruments for non-PPDA ports
[s 43]
(2) If the Minister decides to take no further action, the Minister 1
must table in the Legislative Assembly a report stating the 2
reasons for the decision. 3
Part 5 Port planning instruments for 4
non-PPDA ports 5
Division 1 Preliminary 6
43 Application of pt 5 7
This part applies to a port (a non-PPDA port) other than the 8
following-- 9
(a) a port mentioned in section 8(1); 10
(b) the Port of Brisbane. 11
Division 2 Port land use plans 12
Subdivision 1 Requirement for port land use plans 13
44 Port land use plan required 14
(1) The Minister must, within 3 years after the commencement, 15
make a plan (a port land use plan) for each non-PPDA port. 16
(2) A port land use plan for a non-PPDA port must identify the 17
following areas for the port, and state the location of the area's 18
boundaries-- 19
(a) the strategic port land; 20
(b) any future strategic port land. 21
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Ports Bill 2014
Part 5 Port planning instruments for non-PPDA ports
[s 45]
45 Content of port land use plan 1
(1) The port land use plan for a non-PPDA port must, for the 2
port's strategic port land and any future strategic port land-- 3
(a) include a part outlining, by way of concept plans and 4
words, for a period of at least 20 years after the plan has 5
effect-- 6
(i) planning for core port infrastructure and proposed 7
port related development for the land; and 8
(ii) anticipated infrastructure requirements relating to 9
development mentioned in subparagraph (i); and 10
(b) include a part identifying the strategic outcomes for the 11
land and stating measures that facilitate achieving the 12
strategic outcomes; and 13
(c) state details of the land and the current and intended 14
uses of the land; and 15
(d) include a plan for infrastructure for the land; and 16
(e) integrate matters relevant to the land under the regional 17
plan and State planning instruments under the Planning 18
Act; and 19
(f) outline existing land uses for land (adjacent land) 20
adjoining or neighbouring the port's strategic port land 21
and future strategic port land and how the adjacent land 22
is dealt with by the planning scheme for the adjacent 23
land. 24
(2) The port land use plan must also include a table of assessment 25
for the strategic port land. 26
Subdivision 2 Reviewing port land use plans 27
46 Requirement to review port land use plans 28
(1) The Minister must complete a review of each port land use 29
plan at least every 10 years after the plan has effect. 30
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Ports Bill 2014
Part 5 Port planning instruments for non-PPDA ports
[s 47]
(2) The review must include an assessment of the boundaries of 1
the strategic port land and future strategic port land that are 2
identified in the port land use plan, and whether the 3
boundaries of the areas should be changed. 4
(3) Subsection (1) does not limit the Minister's power to review a 5
port land use plan at any time. 6
47 Public notice of review 7
(1) In conducting a review of a port land use plan, the Minister 8
must publish a public notice stating-- 9
(a) that a review is being conducted; and 10
(b) that written submissions about any aspect of the port 11
land use plan may be made by anyone; and 12
(c) the period (the submission period) during which 13
submissions may be made to the Minister; and 14
(d) the requirements for a properly made submission. 15
(2) The submission period must be at least 20 business days after 16
the notice is published. 17
(3) The Minister must consider all properly made submissions 18
about the port land use plan made to the Minister during the 19
submission period before taking action under section 48. 20
48 Action Minister must take after review 21
(1) After reviewing a port land use plan, the Minister must-- 22
(a) prepare a new port land use plan; or 23
(b) amend the port land use plan; or 24
(c) if the Minister is satisfied the port land use plan is 25
suitable to continue without amendment--decide to take 26
no further action. 27
(2) If the Minister decides to take no further action, the Minister 28
must table in the Legislative Assembly a report stating the 29
reasons for the decision. 30
Page 37
Ports Bill 2014
Part 6 Planning and development
[s 49]
Part 6 Planning and development 1
Division 1 Development assessment 2
Subdivision 1 Relationship with Planning Act 3
49 Application of Planning Act 4
(1) Subject to this part, the Planning Act applies for development 5
on-- 6
(a) land in a development scheme area; or 7
(b) strategic port land. 8
(2) If there is an inconsistency between this part and the Planning 9
Act, this part prevails to the extent of the inconsistency. 10
(3) If development is stated to be development of a particular type 11
for the Planning Act under a PPDA development scheme or 12
port land use plan, the development is taken to be 13
development of that type under that Act. 14
Subdivision 2 Provisions about assessment 15
manager and referral agencies 16
50 Assessment manager and referral agency for port 17
development applications 18
(1) This section applies to a development application (a port 19
development application) for development-- 20
(a) that is assessable development for the Planning Act 21
under a PPDA development scheme or port land use 22
plan; and 23
(b) on land that, whether wholly or partly, is in a 24
development scheme area or is strategic port land. 25
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Ports Bill 2014
Part 6 Planning and development
[s 51]
(2) The chief executive is the assessment manager for the port 1
development application. 2
(3) However, if only part of the land to which the port 3
development application relates is in a development scheme 4
area or is strategic port land-- 5
(a) the Minister may decide that another entity is the 6
assessment manager for the application; and 7
(b) an entity that would under the Planning Act be the 8
assessment manager for the application is a referral 9
agency for the application; and 10
(c) the development of all of the land must be in accordance 11
with the PPDA development scheme or port land use 12
plan. 13
(4) An entity that becomes a referral agency under subsection 14
(3)(b) has the jurisdiction it would have had if it were the 15
assessment manager. 16
(5) This section has effect despite any other Act. 17
51 Effect of referral agency's response 18
(1) The assessment manager for a port development application 19
must, when assessing the application, consider a referral 20
agency's response to the application. 21
(2) However, the assessment manager is not bound in any way to 22
adopt the response. 23
(3) Subsection (4) applies if the assessment manager approves the 24
port development application and imposes on the 25
development approval a condition that a referral agency has 26
given in a response. 27
(4) The referral agency is the assessing authority for the 28
development to which the approval relates for the 29
administration and enforcement of a matter relating to the 30
condition. 31
Page 39
Ports Bill 2014
Part 6 Planning and development
[s 52]
52 Delegation 1
The chief executive may delegate the chief executive's 2
function under section 50 as assessment manager for a port 3
development application to any of the following-- 4
(a) the coordinator-general; 5
(b) a port entity; 6
(c) a local government. 7
Subdivision 3 Particular provisions about 8
development applications and 9
development approvals 10
53 Development application may include application for 11
allocation of quarry material 12
(1) This section applies if a person makes a development 13
application for development-- 14
(a) that is assessable development for the Planning Act 15
under a PPDA development scheme; and 16
(b) on land that, whether wholly or partly, is in a 17
development scheme area. 18
(2) The person may, in the same application, apply for an 19
allocation of quarry material in the development scheme area. 20
(3) If the assessment manager approves the development 21
application, the assessment manager is taken to have granted 22
the application for the allocation of quarry material. 23
(4) The assessment manager may impose conditions on the 24
development approval relating to the allocation of quarry 25
material as if the assessment manager were the chief executive 26
administering the Coastal Protection and Management Act 27
imposing conditions on an allocation notice under section 79 28
of that Act. 29
(5) The Planning Act applies to the allocation of quarry material 30
as if it were part of the development approval. 31
Page 40
Ports Bill 2014
Part 6 Planning and development
[s 54]
Example-- 1
If a development approval lapses under the Planning Act, section 341, 2
the allocation of quarry material lapses. 3
(6) This section applies despite the Coastal Protection and 4
Management Act, chapter 2, part 5. 5
54 Requirement to give port entity notice of development 6
approval 7
(1) This section applies if the chief executive gives a development 8
approval for development in a port's development scheme 9
area or on a port's strategic port land. 10
(2) If the applicant for the development approval is not the port 11
entity for the port, the chief executive must give the port entity 12
a copy of the approval. 13
Note-- 14
The Planning Act, section 334 provides that the assessment manager 15
must give notice of the decision to the applicant and other entities. 16
Division 2 Protection of particular uses and 17
rights 18
55 Lawful uses of premises protected 19
(1) This section applies if, immediately before a port planning 20
instrument or an amendment of a port planning instrument has 21
effect, the use of premises was a lawful use of the premises in 22
the area to which the port planning instrument applies. 23
(2) Neither the port planning instrument nor the amendment 24
can-- 25
(a) stop the use from continuing; or 26
(b) further regulate the use; or 27
(c) require the use to be changed. 28
Page 41
Ports Bill 2014
Part 6 Planning and development
[s 56]
56 Lawfully constructed buildings and work protected 1
To the extent a building has been lawfully constructed or work 2
lawfully carried out, neither a port planning instrument nor an 3
amendment of a port planning instrument can require the 4
building or work to be altered or removed. 5
57 Existing development approvals 6
(1) This section applies if-- 7
(a) a development approval exists for premises; and 8
(b) after the approval is given, a port planning instrument or 9
an amendment of a port planning instrument has effect. 10
(2) To the extent the development approval has not lapsed, neither 11
the port planning instrument nor the amendment can stop or 12
further regulate the development to which the approval 13
relates, or otherwise affect the approval. 14
58 Existing development applications 15
(1) Subsection (2) applies if, immediately before a master plan 16
for a port has effect-- 17
(a) a development application had been made for land in an 18
area that will become the PPDA for the port; and 19
(b) the application was a properly made application and had 20
not lapsed under the Act under which the application 21
was made (the applicable Act); and 22
(c) the application had not been decided. 23
(2) Despite the master plan having effect, the application must be 24
decided under the applicable Act, and that Act continues to 25
apply, as if the land were not land in the PPDA. 26
(3) Subsection (4) applies if, immediately before a PPDA 27
development scheme for a port has effect-- 28
(a) a development application had been made for land in an 29
area that will become the development scheme area for 30
the port; and 31
Page 42
Ports Bill 2014
Part 6 Planning and development
[s 59]
(b) the application was a properly made application and had 1
not lapsed under the Act under which the application 2
was made (the relevant Act); and 3
(c) the application had not been decided. 4
(4) Despite the PPDA development scheme having effect, the 5
application must be decided under the relevant Act, and that 6
Act continues to apply, as if the land were not land in the 7
development scheme area. 8
Division 3 Exemptions and exceptions 9
59 Particular operational work that is tidal works 10
(1) This section applies to the following development in a 11
development scheme area-- 12
(a) operational work that is tidal works under the Planning 13
Act if the work is the maintenance, repair or 14
reconstruction of, or the installation of equipment on, an 15
approved tidal structure; 16
(b) operational work that is the removal, destruction or 17
damage of a marine plant that has grown through or on 18
an approved tidal structure. 19
(2) Despite the Planning Act, the development is exempt 20
development under that Act. 21
(3) In this section-- 22
approved tidal structure means a structure, the construction 23
of which was operational work that is tidal works under the 24
Planning Act and for which there was a development approval 25
for the work. 26
marine plant see the Fisheries Act 1994, section 8. 27
60 Owner's consent not required in particular 28
circumstances 29
(1) This section applies if-- 30
Page 43
Ports Bill 2014
Part 6 Planning and development
[s 61]
(a) a person proposes to make a development application 1
under the Planning Act for work on land below 2
high-water mark and outside a canal as defined under 3
the Coastal Protection and Management Act; and 4
(b) the land is State land that is in a development scheme 5
area or is strategic port land; and 6
(c) the work is consistent with the development proposed 7
for the land under the PPDA development scheme or 8
port land use plan. 9
(2) Despite the Planning Act, section 263(1), the person may 10
make the development application without obtaining the 11
consent of the State. 12
(3) In this section-- 13
State land means State land under the Transport Infrastructure 14
Act. 15
61 Reconfiguring a lot 16
(1) Subsection (2) applies to development that is reconfiguring a 17
lot by a lease only if the reconfiguring is consistent with the 18
PPDA development scheme or port land use plan that applies 19
to the lot. 20
(2) Despite the Planning Act, the development is exempt 21
development under that Act. 22
(3) Subsection (4) applies to development that is reconfiguring a 23
lot, other than reconfiguring to which subsection (1) applies. 24
(4) The development is assessable development requiring code 25
assessment under the Planning Act and there are no referral 26
agencies for the development. 27
(5) In this section-- 28
lease includes a sublease. 29
reconfiguring a lot see the Planning Act, section 10. 30
Page 44
Ports Bill 2014
Part 6 Planning and development
[s 62]
62 Exemption for emergency development or use 1
(1) The Minister may carry out development or a use for premises 2
in a development scheme area or on strategic port land 3
because of an emergency endangering-- 4
(a) the life or health of a person; or 5
(b) the structural safety of a building; or 6
(c) the operation or safety of community infrastructure that 7
is not a building. 8
(2) Subsection (1) applies despite the Planning Act, sections 575, 9
576, 578, 580, 581 and 582. 10
63 Subleases and licences under Land Act 11
(1) This section applies to any of the following dealings affecting 12
land in a PPDA or on strategic port land-- 13
(a) a transfer under the Land Act, section 322 of a sublease; 14
(b) a sublease under the Land Act, section 332; 15
(c) an amendment under the Land Act, section 336 of a 16
sublease. 17
(2) If land affected by the dealing is held under a lease under the 18
Land Act of port land (a port lease) or a sublease of a port 19
lease, despite a provision of the Land Act mentioned in 20
subsection (1), the Minister's approval is not required for the 21
dealing or the registration of a document for the dealing. 22
(3) If a port entity holds a port lease, or a sublease of a port lease, 23
the port entity may grant a licence to enter and use the land. 24
(4) Subsection (3) is subject to any condition of the port lease that 25
prohibits or restricts the grant of a licence. 26
(5) To remove any doubt, it is declared that the Minister's 27
approval under the Land Act is not required for the grant of a 28
licence under this section. 29
Page 45
Ports Bill 2014
Part 6 Planning and development
[s 64]
Note-- 1
See also the Transport Infrastructure Act, sections 477C to 477E in 2
relation to declared projects under the Infrastructure Investment (Asset 3
Restructuring and Disposal) Act 2009. 4
(6) In this section-- 5
sublease includes a concurrent lease. 6
Division 4 Miscellaneous provisions 7
64 Roads and road closures 8
(1) The Minister may perform functions for a road in a PPDA that 9
the Minister considers necessary or desirable to perform the 10
Minister's other functions relating to the PPDA. 11
(2) Without limiting subsection (1), the Minister may, by gazette 12
notice, permanently or temporarily close all or part of a road. 13
(3) Before the closing of the road takes effect, the Minister must 14
publish a notice the Minister considers appropriate about the 15
closure in a newspaper circulating in the relevant local 16
government area. 17
(4) Failure to comply with subsection (3) does not invalidate the 18
closure. 19
(5) The Minister may do everything necessary to stop traffic 20
using a road or part of a road closed under this section. 21
(6) To remove any doubt, it is declared that this section applies to 22
a road-- 23
(a) whether or not the road is a State-controlled road under 24
the Transport Infrastructure Act; and 25
(b) whether or not the Land Act applies to the road. 26
65 Vesting land in permanently closed road 27
(1) The Minister may, by gazette notice, declare any land that 28
comprised a road under the Land Act that has been 29
Page 46
Ports Bill 2014
Part 6 Planning and development
[s 66]
permanently closed under section 64 is vested in an entity, in 1
fee simple. 2
(2) The chief executive of the department in which the Land Act 3
is administered must, under that Act, register the vesting if the 4
entity lodges in the land registry under that Act-- 5
(a) a request under that Act to register the vesting; and 6
(b) if that chief executive so requires--a plan of subdivision 7
under that Act for the land the subject of the vesting; and 8
(c) a copy of the gazette notice. 9
(3) On the registration of the request to vest, the Governor in 10
Council may issue to the entity a deed of grant under the Land 11
Act for the land the subject of the vesting. 12
(4) If the land vests in the State under subsection (1), despite the 13
Land Act and the Land Title Act 1994, no fee is payable by the 14
entity in relation to the registration of the vesting or to give 15
effect to it. 16
66 By-laws 17
(1) The Minister may make by-laws under this Act for a PPDA or 18
strategic port land about any matter for which a local law may 19
be made, including the creation of offences. 20
(2) However, a by-law can not fix a penalty of more than-- 21
(a) if the by-law replaces a local law--the maximum 22
penalty units applying to a contravention of the local 23
law it replaces; or 24
(b) otherwise--20 penalty units for an offence against the 25
by-law. 26
(3) A by-law replaces a local law if-- 27
(a) the local law no longer applies to a matter in a PPDA or 28
on strategic port land because a by-law provides that the 29
local law does not apply, or applies with stated changes, 30
in the PPDA or on the strategic port land; and 31
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Ports Bill 2014
Part 6 Planning and development
[s 67]
(b) the by-law applies to the matter in the PPDA or on the 1
strategic port land. 2
(4) A by-law may provide that all or part of a stated local law 3
does not apply, or applies with stated changes, in a PPDA or 4
on strategic port land. 5
(5) If a by-law provides that a stated local law does not apply, or 6
applies with stated changes, in a PPDA or on strategic port 7
land , the local law does not apply, or applies with the stated 8
changes, in the PPDA or on the strategic port land. 9
(6) A by-law must be approved by the Governor in Council. 10
Note-- 11
The effect of subsection (6) is that a by-law is subordinate legislation. 12
See the Statutory Instruments Act 1992, sections 7, 8(b)(i) and 9(1)(a). 13
67 Interim local laws 14
(1) This section applies if land ceases to be in a PPDA or to be 15
strategic port land and, immediately before the cessation, 16
by-laws applied to the area. 17
Notes-- 18
1 A master plan for a port identifies the PPDA for the port and states 19
the location of its boundaries. The master plan can be amended to 20
change the boundaries of the PPDA. 21
2 A port land use plan for a port identifies the strategic port land for 22
the port and states the location of its boundaries. The port land use 23
plan can be amended to change the boundaries of the strategic port 24
land. 25
(2) A regulation may make a local law (the interim local law) for 26
the land, about any matter provided for under the by-laws. 27
(3) However, the regulation may be made only if the local 28
government whose local government area includes the land no 29
longer in the PPDA or that is no longer strategic port land (the 30
receiving local government) has agreed to the making of the 31
regulation. 32
Page 48
Ports Bill 2014
Part 7 Compensation for particular port planning instrument changes
[s 68]
(4) For the Local Government Act 2009, the interim local law is 1
taken to have been made under that Act by the receiving local 2
government. 3
(5) The interim local law expires 1 year after it commences. 4
68 Royalty or price for quarry material 5
(1) This section applies to quarry material removed from tidal 6
water in a development scheme area under a development 7
approval to which section 53 applies. 8
(2) Royalty at the rate prescribed under a regulation or the price 9
set for the sale is payable to the State as prescribed under the 10
regulation or the sale. 11
(3) The royalty, or the price payable and not paid, may be 12
recovered from the holder of the development approval as a 13
debt owing to the State. 14
(4) This section is subject to the Transport Infrastructure Act, 15
section 278(3). 16
Part 7 Compensation for particular 17
port planning instrument 18
changes 19
Division 1 Preliminary 20
69 Definitions for pt 7 21
In this part-- 22
alternative lawful use, for land, means a lawful as of right use 23
for which the owner of the land may use the land. 24
Page 49
Ports Bill 2014
Part 7 Compensation for particular port planning instrument changes
[s 70]
owner, of an interest in land, means the owner of the interest 1
when a port planning instrument, or an amendment of a port 2
planning instrument, first applied to the land. 3
Division 2 Compensatory circumstances 4
70 Effect of particular port planning instruments 5
(1) An owner of an interest in land is entitled to be paid 6
compensation by the State if-- 7
(a) immediately before a port planning instrument, or an 8
amendment of a port planning instrument, had effect for 9
the land there was an alternative lawful use for the land; 10
and 11
(b) after the port planning instrument or amendment had 12
effect for the land, the owner may no longer lawfully use 13
the land for the alternative lawful use; and 14
(c) the application of the port planning instrument or 15
amendment to the land reduces the value of the interest; 16
and 17
(d) the owner has asked the Minister to approve of the 18
alternative lawful use and the Minister refuses the 19
request. 20
(2) In this section-- 21
port planning instrument does not include an interim PPDA 22
development scheme. 23
71 Effect of interim PPDA development schemes 24
An owner of an interest in land is entitled to be paid 25
compensation by the State if-- 26
(a) immediately before an interim PPDA development 27
scheme had effect for the land there was an alternative 28
lawful use for the land; and 29
Page 50
Ports Bill 2014
Part 7 Compensation for particular port planning instrument changes
[s 72]
(b) after the interim PPDA development scheme had effect 1
for the land, the owner may no longer lawfully use the 2
land for the alternative lawful use; and 3
(c) when the interim PPDA development scheme is 4
replaced by a PPDA development scheme, the PPDA 5
development scheme does not permit the owner to use 6
the land for the alternative lawful use; and 7
(d) the application of the PPDA development scheme to the 8
land reduces the value of the interest; and 9
(e) the owner has asked the Minister to approve of the 10
alternative lawful use and the Minister refuses the 11
request. 12
Division 3 Limits on compensatory 13
circumstances 14
72 Time limit on claiming 15
Compensation under division 2 is payable only if a claim is 16
made to the Minister (a compensation claim) within the 17
following period-- 18
(a) for section 70--within 3 years after the day the port 19
planning instrument, or amendment of the port planning 20
instrument, has effect; 21
(b) for section 71--within 3 years after the day the PPDA 22
development scheme has effect. 23
73 General exclusions 24
(1) Despite sections 70 and 71, compensation is not payable for a 25
compensation claim-- 26
(a) about a matter if compensation has already been paid for 27
the matter to a previous owner of the interest in land, 28
before the planning change happened; or 29
(b) about anything done in contravention of this Act. 30
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Ports Bill 2014
Part 7 Compensation for particular port planning instrument changes
[s 74]
(2) A compensation claim can not be made for a matter for which 1
compensation is also payable under another Act. 2
Division 4 Processing claims 3
74 Deciding and notifying compensation claims 4
The Minister must decide a compensation claim within 60 5
business days after the day the claim is made. 6
75 Notifying decision 7
The Minister must, within 10 business days after deciding a 8
compensation claim, give the claimant a written notice 9
stating-- 10
(a) the decision, and the reasons for it; and 11
(b) if the decision is to pay compensation--the amount of 12
compensation; and 13
(c) that the decision, including any amount, may be 14
appealed; and 15
(d) how to appeal. 16
76 Calculating amount of compensation 17
(1) This section applies for working out the amount of 18
compensation payable because of either of the following (a 19
planning change) for an interest in land-- 20
(a) a port planning instrument, or an amendment of a port 21
planning instrument, (a relevant instrument) has effect 22
under section 70; or 23
(b) an interim PPDA development scheme (also a relevant 24
instrument) has effect under section 71. 25
(2) The amount must be the difference between the interest's 26
market value immediately before the planning change and its 27
market value immediately after the planning change, 28
Page 52
Ports Bill 2014
Part 7 Compensation for particular port planning instrument changes
[s 77]
appropriately adjusted having regard to the following if they 1
are relevant-- 2
(a) any limitations or conditions that may reasonably have 3
applied to the use of the land immediately before the 4
planning change to the land; 5
(b) any benefit accruing to the land from the planning 6
change; 7
Example-- 8
the likelihood of improved amenity in the land's locality 9
(c) if the owner has an interest in land adjacent to the land, 10
any benefit accruing to the adjacent land because-- 11
(i) the planning change has effect; or 12
(ii) of the construction of, or improvement to, 13
infrastructure on the adjacent land under the 14
relevant instrument, other than infrastructure 15
funded by the owner, before the compensation 16
claim; 17
(d) the effect of any other changes to the relevant instrument 18
since the planning change. 19
77 When compensation is payable 20
Any compensation decided under a compensation claim is 21
payable within 30 business days after-- 22
(a) if no appeal is made--the appeal period ends; or 23
(b) if an appeal is made--the appeal ends. 24
78 Payment of compensation to be recorded on title 25
(1) The Minister must give the registrar of titles written notice of 26
the payment of compensation under a compensation claim. 27
(2) The notice must be in the form approved by the registrar. 28
(3) The registrar must keep the information stated in the notice as 29
information under the Land Title Act 1994, section 34. 30
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Ports Bill 2014
Part 7 Compensation for particular port planning instrument changes
[s 79]
Division 5 Appeals 1
79 Appeals against decisions on compensation claims 2
A person who is dissatisfied with the Minister's decision 3
about a compensation claim may appeal to the court against 4
the decision. 5
80 Procedure for an appeal 6
(1) An appeal to the court is started by filing a notice of appeal 7
with the registrar of the court. 8
(2) The notice of appeal must be filed within 20 business days 9
after the person was given the notice of the decision (the 10
appeal period). 11
(3) The notice of appeal must state the grounds of the appeal. 12
81 Powers of court on appeal 13
(1) In deciding an appeal, the court-- 14
(a) has the same powers as the Minister in making the 15
decision appealed against; and 16
(b) is not bound by the rules of evidence; and 17
(c) must comply with natural justice. 18
(2) An appeal is by way of rehearing. 19
(3) The court must decide to do 1 of the following for the decision 20
appealed against-- 21
(a) confirm it; 22
(b) change it; 23
(c) set it aside and make a decision replacing it. 24
(4) If the court acts under subsection (3)(b) or (c), the court's 25
decision is taken (other than for this part) to have been made 26
by the Minister. 27
Page 54
Ports Bill 2014
Part 8 Prohibitions relating to Great Barrier Reef World Heritage Area
[s 82]
Part 8 Prohibitions relating to Great 1
Barrier Reef World Heritage 2
Area 3
Division 1 Significant port development 4
prohibition 5
82 No approvals for significant port development 6
(1) An assessment manager must refer to the Minister a 7
development application made during the prohibited period 8
for port development that is-- 9
(a) in, or on land under tidal water adjoining, the Great 10
Barrier Reef World Heritage Area; but 11
(b) outside a port's existing port limits. 12
(2) The Minister must decide whether the port development is 13
significant port development, having regard to the purpose of 14
this Act and the principles for achieving this Act's purpose 15
mentioned in sections 2 and 3. 16
(3) If the Minister decides the port development is significant port 17
development, the assessment manager must refuse the 18
development application. 19
(4) If the Minister decides the port development is not significant 20
port development, the assessment manager must assess and 21
decide the development application under the Act under 22
which the application was made. 23
(5) This section applies despite the following-- 24
(a) the Transport Infrastructure Act, section 291; 25
(b) the Planning Act. 26
(6) In this section-- 27
existing port limits, for a port, means the port's port limits, 28
immediately before the commencement, under the Transport 29
Infrastructure Act. 30
Page 55
Ports Bill 2014
Part 8 Prohibitions relating to Great Barrier Reef World Heritage Area
[s 83]
port development means operational work that is tidal works 1
under the Planning Act to support the import or export of 2
goods by ship. 3
prohibited period means the period starting on the 4
commencement and ending at the end of 31 December 2022. 5
Division 2 Dredging prohibition 6
83 What is prohibited dredging 7
(1) Prohibited dredging is dredging that is carried out in, or on 8
land under tidal water adjoining, the Great Barrier Reef World 9
Heritage Area but outside a PPDA for the purpose of-- 10
(a) establishing or constructing new port facilities; or 11
(b) improving existing port facilities. 12
(2) However, prohibited dredging does not include dredging that 13
is carried out for any of the following purposes-- 14
(a) ensuring the safety of persons, ships and other things at 15
a port; 16
(b) maintaining navigation channels, or removing 17
impediments to navigation, in a port; 18
(c) increasing a port's resilience to effects of extreme 19
weather; 20
(d) maintaining the effective operation of existing port 21
facilities; 22
(e) improving the operation of port facilities and port 23
services of a port mentioned in section 8(1). 24
84 No approvals for prohibited dredging 25
(1) An approving authority must not grant an approval during the 26
prohibited period for development that includes the carrying 27
out of prohibited dredging. 28
(2) In this section-- 29
Page 56
Ports Bill 2014
Part 8 Prohibitions relating to Great Barrier Reef World Heritage Area
[s 85]
approval means-- 1
(a) an allocation of quarry material; 2
(b) an environmental authority; 3
(c) a Forestry Act approval under the Forestry Act 1959; 4
(d) a development approval. 5
approving authority means-- 6
(a) for an allocation of quarry material--the chief executive 7
under the Coastal Protection and Management Act; 8
(b) for an environmental authority--the chief executive 9
under the Environmental Protection Act; 10
(c) for a Forestry Act approval--the chief executive under 11
the Forestry Act 1959; 12
(d) for a development approval--the assessment manager 13
for the development application to which the approval 14
relates. 15
Forestry Act approval means an agreement, contract, permit, 16
licence or authority relating to the removal of quarry material 17
under the Forestry Act 1959. 18
prohibited period means the period starting on the 19
commencement and ending at the end of December 2024. 20
85 Relationship with particular Acts 21
This division applies despite the following Acts-- 22
(a) the Coastal Protection and Management Act; 23
(b) the Environmental Protection Act; 24
(c) the Planning Act; 25
(d) the State Development Act. 26
Page 57
Ports Bill 2014
Part 9 General
[s 86]
Part 9 General 1
Division 1 Offences 2
86 Privacy 3
(1) This section applies to a person who-- 4
(a) is, or has been, a person performing functions under this 5
Act; and 6
(b) obtains in the course of, or because of, the performance 7
of a function under this Act, personal or confidential 8
information, or information that is commercially 9
sensitive, that is not publicly available. 10
(2) The person must not-- 11
(a) make a record of the information; or 12
(b) divulge or communicate the information to anyone else, 13
whether directly or indirectly; or 14
(c) use the information to benefit any person. 15
Maximum penalty--100 penalty units. 16
(3) However, subsection (2) does not apply if the record is made, 17
or the information is divulged, communicated or used-- 18
(a) for a purpose under this Act; or 19
(b) with the consent of the person to whom the information 20
relates; or 21
(c) as required by law. 22
87 Refusal of disclosure of commercially sensitive 23
information 24
(1) A person engaged in the administration or enforcement of this 25
Act can not be compelled to disclose to a court or tribunal in a 26
proceeding, or to a party to the proceeding-- 27
(a) information that is commercially sensitive; or 28
Page 58
Ports Bill 2014
Part 9 General
[s 88]
(b) whether or not the person has received particular 1
information that is commercially sensitive; or 2
(c) the identity of the source of particular information that 3
is commercially sensitive. 4
(2) Subsection (1) does not apply to a proceeding for the 5
administration or enforcement of this Act. 6
88 Giving false or misleading document 7
A person must not, in relation to the performance of the 8
Minister's or a supporting entity's functions, give the Minister 9
or a supporting entity a document containing information the 10
person knows is false or misleading in a material particular. 11
Maximum penalty--1665 penalty units. 12
Division 2 Evidentiary and legal proceedings 13
89 Evidentiary aids 14
A certificate purporting to be signed by the chief executive 15
stating any of the following matters is evidence of the 16
matter-- 17
(a) a decision, direction or notice under this Act; 18
(b) a thing that must or may be included in a register kept 19
under this Act; 20
(c) that a stated document is a document kept under this 21
Act; 22
(d) that a stated document is a copy of, or an extract from or 23
part of, a thing mentioned in paragraph (a) or (b); 24
(e) that on a stated day-- 25
(i) a stated person was given a stated decision, 26
direction or notice under this Act; or 27
(ii) a stated direction or requirement under this Act 28
was made of a stated person. 29
Page 59
Ports Bill 2014
Part 9 General
[s 90]
Division 3 Provisions about performance of 1
functions etc. under this Act 2
90 Ministerial delegations 3
(1) The Minister may delegate the Minister's functions under this 4
Act, except sections 11 to 14, 50 and 64 to 66, to any of the 5
following-- 6
(a) the chief executive; 7
(b) the coordinator-general; 8
(c) a port entity; 9
(d) a local government. 10
(2) The chief executive may subdelegate a function of the 11
Minister delegated to the chief executive under subsection (1) 12
to an appropriately qualified officer or employee of the 13
department. 14
(3) A local government may subdelegate a function of the 15
Minister delegated to it under subsection (1) to an 16
appropriately qualified employee of the local government. 17
(4) However, subsection (3) does not apply to a function if the 18
Minister has, when delegating the function to the local 19
government, directed that the function can not be 20
subdelegated. 21
91 Ministerial directions 22
(1) This section applies to an entity to whom a function is 23
delegated under section 90. 24
(2) The entity must perform the function within a reasonable 25
period and subject to-- 26
(a) the general direction and control of the Minister; and 27
(b) any specific written directions given to it by the 28
Minister. 29
Page 60
Ports Bill 2014
Part 9 General
[s 92]
(3) Without limiting subsection (2)(b), a direction under that 1
provision may require the entity to give stated information to 2
the Minister. 3
92 Protection from civil liability 4
(1) A prescribed person performing a function under this Act is 5
not civilly liable to someone for an act done, or omission 6
made, honestly and without negligence under this Act or a 7
direction or a requirement under this Act. 8
(2) If subsection (1) prevents a civil liability attaching to the 9
person, the liability attaches instead to the State. 10
(3) Subsection (1) does not apply to a prescribed person if the 11
person is a State employee within the meaning of the Public 12
Service Act 2008, section 26B(4). 13
Note-- 14
For protection from civil liability in relation to State employees--see the 15
Public Service Act 2008, section 26C. 16
(4) In this section-- 17
prescribed person means a person to whom a function has 18
been delegated under section 90. 19
Division 4 Other administrative matters 20
93 Registers 21
(1) The chief executive must keep a register of each of the 22
following-- 23
(a) proposed port planning instruments, or proposed 24
amendments of port planning instruments, under part 3; 25
(b) port planning instruments, including any interim PPDA 26
development schemes; 27
(c) by-laws. 28
Page 61
Ports Bill 2014
Part 9 General
[s 94]
(2) The chief executive may also keep a register of other 1
documents or information relating to this Act that the chief 2
executive considers appropriate. 3
(3) The chief executive may keep a register in the way the chief 4
executive considers appropriate. 5
(4) However, the documents included in the registers must also be 6
published on-- 7
(a) the department's website; and 8
(b) the website of the port entity for the port to which the 9
document applies. 10
94 Access to registers 11
(1) The chief executive must-- 12
(a) keep each register open for inspection by the public 13
during office hours on business days at the department's 14
head office; and 15
(b) allow a person to search and take extracts from the 16
register; and 17
(c) give a person who asks for it a copy of all or part of a 18
document or information held in the register, on 19
payment of the fee decided by the chief executive. 20
(2) The fee can not be more than the actual cost of giving the 21
copy. 22
95 Approval of forms 23
The chief executive may approve forms for use under this Act. 24
96 Regulation-making power 25
(1) The Governor in Council may make regulations under this 26
Act. 27
(2) A regulation may-- 28
Page 62
Ports Bill 2014
Part 10 Transitional provisions
[s 97]
(a) provide for fees payable under this Act and the matters 1
for which they are payable; and 2
(b) prescribe the matters that must be included in a port 3
planning instrument; and 4
(c) impose a penalty of no more than 20 penalty units for a 5
contravention of a regulation. 6
Part 10 Transitional provisions 7
Division 1 Preliminary 8
97 Definitions for pt 10 9
In this part-- 10
former, in relation to a provision, means the provision as in 11
force immediately before the repeal of the provision under 12
this Act. 13
port authority means a port authority under the Transport 14
Infrastructure Act. 15
PPDA port means a port mentioned in section 8(1). 16
98 References to former provisions 17
If this part states that a former provision continues to apply-- 18
(a) the provision applies as if this Act had not been enacted; 19
and 20
(b) any other former provision mentioned in the provision, 21
or necessary to give effect to the provision, continues to 22
apply unless otherwise stated. 23
Page 63
Ports Bill 2014
Part 10 Transitional provisions
[s 99]
Division 2 Provisions for Transport 1
Infrastructure Act 2
99 Existing land use plans 3
(1) This section applies to a port authority's land use plan for the 4
port (an existing land use plan) under the Transport 5
Infrastructure Act, former section 285, in effect immediately 6
before the commencement. 7
(2) If the port is a PPDA port, the existing land use plan for the 8
port continues to have effect until it is replaced by a PPDA 9
development scheme. 10
(3) If the port is a non-PPDA port-- 11
(a) the port's existing land use plan is taken to be the port 12
land use plan for the port; and 13
(b) the land included in the existing land use plan that is 14
identified in the plan as the port authority's strategic port 15
land is taken to be the port's strategic port land; and 16
(c) the land identified in the existing land use plan as land 17
the port authority for the port proposed to become 18
strategic port land is taken to be the port's future 19
strategic port land. 20
(4) Section 17(e) does not apply to an existing land use plan that 21
becomes a port land use plan under subsection (3). 22
100 Continued application of repealed provisions to PPDA 23
ports 24
(1) The repealed provisions continue to apply to a PPDA port 25
until the PPDA development scheme for the port has effect. 26
(2) For applying the repealed provisions, a reference in the 27
repealed provisions to the Minister is taken to be a reference 28
to the Minister administering this Act. 29
(3) In this section-- 30
Page 64
Ports Bill 2014
Part 10 Transitional provisions
[s 101]
repealed provisions means the Transport Infrastructure Act, 1
former chapter 8, part 4, division 1, other than former section 2
285(2) of that Act. 3
101 Making or amending land use plans for non-PPDA ports 4
(1) This section applies if-- 5
(a) a port authority for a non-PPDA port started to prepare a 6
land use plan, or an amendment of its land use plan, 7
under the Transport Infrastructure Act, former section 8
285; and 9
(b) immediately before the commencement, the Minister 10
had not approved the land use plan or amendment under 11
the Transport Infrastructure Act, former section 286. 12
(2) For subsection (1)(a), a port authority has started to prepare a 13
land use plan, or an amendment of its land use plan, if the port 14
authority has prepared a statement of proposal about the plan 15
or amendment under the Transport Infrastructure Act, former 16
section 285A. 17
(3) The Transport Infrastructure Act, former sections 285A to 286 18
continue to apply to the port authority for preparing or 19
amending the land use plan. 20
(4) On the day the land use plan or amendment is approved-- 21
(a) the land use plan, or amended land use plan, (the new 22
plan) is taken to be the port land use plan for the port; 23
and 24
(b) the land included in the new plan that is identified in the 25
new plan as the port authority's strategic port land is 26
taken to be the port's strategic port land; and 27
(c) the land identified in the new plan as land that the port 28
authority for the port proposed to become strategic port 29
land is taken to be the port's future strategic port land. 30
(5) Section 17(e) does not apply to a new plan that becomes a port 31
land use plan under subsection (4)(a). 32
(6) This section applies despite section 99. 33
Page 65
Ports Bill 2014
Part 10 Transitional provisions
[s 102]
102 Special arrangements for ports of Gladstone and 1
Rockhampton 2
(1) On the making of a PPDA development scheme for the Port of 3
Gladstone, the Minister must make a port land use plan for the 4
Port of Rockhampton (the new port land use plan). 5
(2) The new port land use plan takes effect when the PPDA 6
development scheme for the Port of Gladstone takes effect. 7
Division 3 Prohibitions relating to Great 8
Barrier Reef World Heritage Area 9
103 Particular development exempted 10
(1) Section 82 does not apply to development that is the subject of 11
an EIS process started before the commencement. 12
(2) Section 84 does not apply to development that includes the 13
carrying out of prohibited dredging if the dredging is the 14
subject of an EIS process started before the commencement. 15
(3) In this section-- 16
EIS process means any of the following-- 17
(a) an EIS process for development within the meaning of 18
the Planning Act; 19
(b) an EIS process for a project within the meaning of the 20
Environmental Protection Act; 21
(c) the process under the State Development Act, part 4, 22
division 3 for an environmental impact statement for a 23
coordinated project; 24
(d) an EIS for a project under the Commonwealth 25
Environment Act; 26
(e) an EIS for a project under another Commonwealth Act. 27
104 Existing approvals not affected 28
(1) To remove any doubt, it is declared that-- 29
Page 66
Ports Bill 2014
Part 10 Transitional provisions
[s 105]
(a) section 82 does not affect-- 1
(i) a development approval in force immediately 2
before the commencement; or 3
(ii) the operation of another Act in relation to a 4
development approval in force immediately before 5
the commencement; and 6
(b) section 84 does not affect-- 7
(i) an approval in force immediately before the 8
commencement; or 9
(ii) the operation of another Act in relation to an 10
approval in force immediately before the 11
commencement. 12
(2) In this section-- 13
approval see section 84(2). 14
Division 4 Transitional regulation-making 15
power 16
105 Transitional regulation-making power 17
(1) A regulation (a transitional regulation) may make provision 18
of a saving or transitional nature to allow or facilitate the 19
commencement of the operation of this Act. 20
(2) A transitional regulation may have retrospective operation to a 21
day not earlier than the day this section commences. 22
(3) A transitional regulation must declare it is a transitional 23
regulation. 24
(4) This section and any transitional regulation expire 1 year after 25
the commencement of this section. 26
Page 67
Ports Bill 2014
Part 11 Amendment of Acts
[s 106]
Part 11 Amendment of Acts 1
Division 1 Amendment of this Act 2
106 Act amended 3
This division amends this Act. 4
107 Amendment of long title 5
Long title, from `assets,'-- 6
omit, insert-- 7
assets 8
Division 2 Amendment of State Development 9
and Public Works Organisation Act 10
1971 11
108 Act amended 12
This division amends the State Development and Public 13
Works Organisation Act 1971. 14
109 Amendment of pt 4A, hdg (Assessment and approval of 15
particular coordinated projects under bilateral 16
agreement) 17
Part 4A, heading, `coordinated'-- 18
omit, insert-- 19
bilateral 20
110 Amendment of s 54H (Application and purpose of pt 4A) 21
Section 54H(2) and (3), `coordinated'-- 22
Page 68
Ports Bill 2014
Part 11 Amendment of Acts
[s 111]
omit, insert-- 1
bilateral 2
111 Insertion of new ss 54HA and 54HB 3
After section 54H-- 4
insert-- 5
54HA What is a bilateral project 6
A bilateral project is-- 7
(a) a coordinated project; or 8
(b) a port development activity. 9
54HB Declaration of port development activity 10
(1) The Minister (Ports) may declare particular 11
development in a stated part of a priority port 12
development area, identified in a master plan or 13
PPDA development scheme under that Act, (the 14
port development) to be a port development 15
activity. 16
(2) The declaration must be made by gazette notice. 17
(3) In this section-- 18
Minister (Ports) means the Minister 19
administering the Ports Act 2014. 20
priority port development area see the Ports Act 21
2014, section 8. 22
112 Amendment of s 54I (Definitions for pt 4A) 23
(1) Section 54I-- 24
insert-- 25
amendment application see section 54Z(1). 26
bilateral project see section 54HA. 27
Page 69
Ports Bill 2014
Part 11 Amendment of Acts
[s 113]
port development see section 54HB(1). 1
port development activity means the port 2
development declared under section 54HB in the 3
gazette notice. 4
(2) Section 54I, definitions accepted submissions, environmental 5
approval, environmental record, protected matters report and 6
within the scope of the bilateral agreement, `coordinated'-- 7
omit, insert-- 8
bilateral 9
113 Amendment of pt 4A, div 2, hdg (Coordinated projects to 10
be assessed under this part) 11
Part 4A, division 2, heading, `Coordinated'-- 12
omit, insert-- 13
Bilateral 14
114 Amendment of s 54J (Declaration for coordinated project 15
for this part) 16
(1) Section 54J, heading, `coordinated-- 17
omit, insert-- 18
bilateral 19
(2) Section 54J(1), `coordinated project to be also-- 20
omit, insert-- 21
bilateral project to be 22
(3) Section 54J(2), from `coordinated'-- 23
omit, insert-- 24
bilateral project is within the scope of the bilateral 25
agreement. 26
(4) Section 54J(3), `coordinated'-- 27
Page 70
Ports Bill 2014
Part 11 Amendment of Acts
[s 115]
omit, insert-- 1
bilateral 2
115 Amendment of s 54K (Application for declaration) 3
Section 54K(1)(b), `coordinated project.'-- 4
omit, insert-- 5
bilateral project. 6
116 Amendment of s 54M (Cancellation of declaration) 7
(1) Section 54M(1), `a coordinated'-- 8
omit, insert-- 9
a bilateral 10
(2) Section 54M(1)(b), `the coordinated'-- 11
omit, insert-- 12
for a bilateral project that is a coordinated project, the 13
coordinated 14
(3) Section 54M(1)(c), from `satisfied'-- 15
omit, insert-- 16
satisfied the bilateral project is within the scope of the 17
bilateral agreement; or 18
117 Amendment of s 54N (Lapsing of declaration) 19
Section 54N, after `declaration for a'-- 20
insert-- 21
bilateral project that is a 22
118 Amendment of s 54O (Application of div 3) 23
Section 54O, `coordinated'-- 24
Page 71
Ports Bill 2014
Part 11 Amendment of Acts
[s 119]
omit, insert-- 1
bilateral 2
119 Amendment of s 54P (Preparation of draft protected 3
matters report) 4
Section 54P(1), `coordinated'-- 5
omit, insert-- 6
bilateral 7
120 Amendment of s 54Q (Public notification of draft 8
protected matters report) 9
(1) Section 54Q(1) and (4)(d), `coordinated'-- 10
omit, insert-- 11
bilateral 12
(2) Section 54Q(3), after `However,'-- 13
insert-- 14
for a bilateral project that is a coordinated project, 15
121 Amendment of s 54R (Proponent must finalise protected 16
matters report after public notification) 17
Section 54R(1), `coordinated'-- 18
omit, insert-- 19
bilateral 20
122 Amendment of s 54S (Coordinator-General may seek 21
further information or comments) 22
Section 54S(6), `coordinated'-- 23
omit, insert-- 24
bilateral 25
Page 72
Ports Bill 2014
Part 11 Amendment of Acts
[s 123]
123 Amendment of s 54T (Decision about approving 1
undertaking of coordinated project) 2
Section 54T, `coordinated'-- 3
omit, insert-- 4
bilateral 5
124 Amendment of s 54U (Conditions) 6
Section 54U, `coordinated'-- 7
omit, insert-- 8
bilateral 9
125 Amendment of s 54V (Jurisdiction for conditions) 10
Section 54V(1), `coordinated'-- 11
omit, insert-- 12
bilateral 13
126 Amendment of s 54W (Criteria for decision) 14
Section 54W(1), `coordinated'-- 15
omit, insert-- 16
bilateral 17
127 Amendment of s 54Y (Issuing environmental approval) 18
Section 54Y(1), `coordinated'-- 19
omit, insert-- 20
bilateral 21
128 Amendment of s 54Z (Application for amendment) 22
Section 54Z, `coordinated'-- 23
Page 73
Ports Bill 2014
Part 11 Amendment of Acts
[s 129]
omit, insert-- 1
bilateral 2
129 Amendment of s 54ZA (Coordinator-General may seek 3
further information or comments) 4
Section 54ZA(1)(a), `coordinated'-- 5
omit, insert-- 6
bilateral 7
130 Amendment of s 54ZB (Public notification of amendment 8
application) 9
Section 54ZB(3)(b), `coordinated'-- 10
omit, insert-- 11
bilateral 12
131 Amendment of s 54ZC (Deciding amendment application) 13
(1) Section 54ZC(3)(a)(v)-- 14
omit, insert-- 15
(v) whether the proposed amendment is 16
within the scope of the bilateral 17
agreement; and 18
(2) Section 54ZC-- 19
insert-- 20
(3A) A proposed amendment is within the scope of the 21
bilateral agreement if the bilateral project, as 22
changed or affected by the proposed amendment 23
of the environmental approval-- 24
(a) is an action within the class of actions 25
specified in the agreement to which the 26
declaration mentioned in section 27
54H(1)(a)(ii) applies; and 28
Page 74
Ports Bill 2014
Part 11 Amendment of Acts
[s 132]
(b) has had, will have or is likely to have an 1
impact on an environmental matter 2
protected by a specified provision. 3
(3) Section 54ZC(6), `subsection (5)'-- 4
omit, insert-- 5
subsection (6) 6
(4) Section 54ZC(3A) to (6)-- 7
renumber as section 54ZC(4) to (7). 8
132 Amendment of s 54ZF (Cancellation or suspension at 9
proponent's request) 10
Section 54ZF(1), `coordinated'-- 11
omit, insert-- 12
bilateral 13
133 Amendment of s 54ZG (Cancellation or suspension for 14
grounds including contravention or unforeseen 15
significant impact) 16
Section 54ZG, `coordinated'-- 17
omit, insert-- 18
bilateral 19
134 Amendment of s 54ZH (Notice of proposed cancellation 20
or suspension) 21
Section 54ZH(1), `coordinated'-- 22
omit, insert-- 23
bilateral 24
135 Amendment of s 54ZI (Notice of cancellation or 25
suspension decision) 26
Section 54ZI(2)(b), `coordinated'-- 27
Page 75
Ports Bill 2014
Part 11 Amendment of Acts
[s 136]
omit, insert-- 1
bilateral 2
136 Amendment of s 54ZJA (Request to reinstate cancelled or 3
suspended environmental approval) 4
Section 54ZJA(1), `coordinated'-- 5
omit, insert-- 6
bilateral 7
137 Amendment of s 54ZL (Compliance under Environmental 8
Protection Act) 9
Section 54ZL, `coordinated'-- 10
omit, insert-- 11
bilateral 12
138 Amendment of s 54ZM (Declarations) 13
Section 54ZM(1), `coordinated'-- 14
omit, insert-- 15
bilateral 16
139 Insertion of new s 54ZMA 17
Part 4A, division 6-- 18
insert-- 19
54ZMA Conditions of environmental approvals 20
prevail over conditions of other approvals 21
(1) If there is a conflict between a condition of an 22
environmental approval for a bilateral project and 23
a condition of an authority that also applies to the 24
bilateral project, the condition of the 25
environmental approval prevails to the extent of 26
the inconsistency. 27
Page 76
Ports Bill 2014
Part 11 Amendment of Acts
[s 140]
(2) In this section-- 1
authority means an approval, authority, lease, 2
licence or permit, however called, issued under 3
an Act. 4
Examples-- 5
· development approval 6
· environmental authority under the Environmental 7
Protection Act 8
140 Amendment of s 54ZN (Fees for pt 4A) 9
(1) Section 54ZN(3) and (4)-- 10
omit. 11
(2) Section 54ZN(5) and (6), `coordinated'-- 12
omit, insert-- 13
bilateral 14
(3) Section 54ZN(6), `subsection (5)'-- 15
omit, insert-- 16
subsection (3) 17
(4) Section 54ZN(5) and (6)-- 18
renumber as section 54ZN(3) and (4). 19
(5) Section 54ZN(7)-- 20
omit, insert-- 21
(5) Subsection (4) applies despite divisions 2 to 5. 22
141 Insertion of new s 54ZNA 23
After section 54ZN-- 24
insert-- 25
Page 77
Ports Bill 2014
Part 11 Amendment of Acts
[s 142]
54ZNA Coordinator-General may waive or reduce 1
fee 2
(1) Despite section 54ZN, if a fee is prescribed as 3
mentioned in that section for an application or 4
bilateral project, the Coordinator-General may 5
waive or reduce the fee. 6
(2) Subsection (3) applies if a fee is prescribed as 7
mentioned in section 54ZN for an application 8
under section 54Z for a proposed change to a 9
bilateral project or a condition of the project. 10
(3) In deciding whether to waive or reduce the fee for 11
the application, the Coordinator-General may 12
have regard to-- 13
(a) the complexity of the proposed change; and 14
(b) the extent of public consultation required in 15
relation to the proposed change. 16
142 Amendment of s 54ZO (Recovering the cost of advice or 17
services for assessment) 18
Section 54ZO(1), `coordinated'-- 19
omit, insert-- 20
bilateral 21
143 Insertion of new s 54ZP 22
Part 4A, division 7-- 23
insert-- 24
54ZP Notice of change of proponent, contact 25
details or registered office 26
Section 27AE applies to the proponent of a port 27
development activity as if a reference in the section to 28
a coordinated project were a reference to a port 29
development activity. 30
Page 78
Ports Bill 2014
Part 11 Amendment of Acts
[s 144]
144 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2-- 2
insert-- 3
amendment application, for part 4A, see section 4
54Z(1). 5
bilateral project, for part 4A, see section 54HA. 6
port development, for part 4A, see section 7
54HB(1). 8
port development activity, for part 4A, see 9
section 54I. 10
(2) Schedule 2, definitions accepted submissions, environmental 11
record and within the scope of the bilateral agreement, 12
`coordinated'-- 13
omit, insert-- 14
bilateral 15
(3) Schedule 2, definition development, item 2, `part 6'-- 16
omit, insert-- 17
parts 4A and 6 18
(4) Schedule 2, definition properly made submission, after 19
`coordinated project,'-- 20
insert-- 21
bilateral project, 22
(5) Schedule 2, definition proponent-- 23
insert-- 24
(c) of a port development activity--the person 25
who proposes the port development activity 26
and includes a person who, under an 27
agreement or other arrangement with the 28
person who is the existing proponent of the 29
project, later proposes the activity. 30
Page 79
Ports Bill 2014
Part 11 Amendment of Acts
[s 145]
Division 3 Amendment of Transport 1
Infrastructure Act 1994 2
145 Act amended 3
This division amends the Transport Infrastructure Act 1994. 4
146 Amendment of s 267 (Definitions for chapter) 5
(1) Section 267, definition strategic port land-- 6
omit. 7
(2) Section 267-- 8
insert-- 9
development scheme area see the Ports Act 10
2014, section 36(1). 11
future strategic port land means future strategic 12
port land under the Ports Act 2014. 13
port land means port land under the Ports Act 14
2014. 15
strategic port land means strategic port land 16
under the Ports Act 2014. 17
147 Amendment of s 267AA (Meaning of port area) 18
(1) Section 267AA(1)(a), `for a port'-- 19
omit, insert-- 20
for a non-PPDA port 21
(2) Section 267AA(1)-- 22
insert-- 23
(ab) of a port authority for a port with a PPDA, 24
means the area of its port land and port 25
facilities within the port's development 26
scheme area, and within its port limits; or 27
Page 80
Ports Bill 2014
Part 11 Amendment of Acts
[s 148]
(3) Section 267AA(1)(ab) and (b)-- 1
renumber as section 267AA(1)(b) and (c). 2
(4) Section 267AA(2), `subsection (1)(b)'-- 3
omit, insert-- 4
subsection (1)(c) 5
(5) Section 267AA-- 6
insert-- 7
(4) In this section-- 8
non-PPDA port see the Ports Act 2014, section 9
43. 10
PPDA see the Ports Act 2014, section 8. 11
148 Amendment of s 278 (Powers of port authorities) 12
Section 278(3)(b), `is, or is proposed to be, strategic port land'-- 13
omit, insert-- 14
is the port's strategic port land, future strategic port 15
land or land in the port's development scheme area 16
149 Amendment of s 282 (Port authority or port lessor may 17
control activities by port notice) 18
Section 282(1)(b) and (2)(e), `strategic'-- 19
omit. 20
150 Amendment of s 282E (Port notice--parking or stopping 21
of vehicles) 22
Section 282E(1), `strategic'-- 23
omit. 24
Page 81
Ports Bill 2014
Part 11 Amendment of Acts
[s 151]
151 Omission of ch 8, pt 4, div 1 and div 2 hdg 1
Chapter 8, part 4, division 1 and division 2 heading-- 2
omit. 3
152 Amendment of s 287A (Impact of particular development 4
and port operations) 5
(1) Section 287A(1), `an assessment manager or'-- 6
omit. 7
(2) Section 287A(3), `assessment manager or'-- 8
omit. 9
153 Amendment of s 288 (Restrictions on dealing in property) 10
(1) Section 288(1), after `A port authority'-- 11
insert-- 12
for a port 13
(2) Section 288(1)(b), `its strategic port land'-- 14
omit, insert-- 15
the port's strategic port land or port land in the port's 16
development scheme area 17
154 Amendment of s 295 (Notices at entrances) 18
Section 295(2), `strategic'-- 19
omit. 20
155 Amendment of sch 6 (Dictionary) 21
(1) Schedule 6, definitions commencement, draft plan, port land 22
and statement of proposal-- 23
omit. 24
(2) Schedule 6-- 25
Page 82
Ports Bill 2014
Part 11 Amendment of Acts
[s 156]
insert-- 1
development scheme area, for chapter 8, see the 2
Ports Act 2014, section 36(1). 3
draft plan, for chapter 8, part 3C, see section 4
283I. 5
future strategic port land, for chapter 8, see 6
section 267. 7
port land, for chapter 8, see section 267. 8
statement of proposal, for chapter 8, part 3C, see 9
section 283I. 10
Division 4 Minor and consequential 11
amendments of other legislation 12
156 Legislation amended 13
Schedule 2 amends the legislation it mentions. 14
Page 83
Ports Bill 2014
Schedule 1
Schedule 1 Dictionary 1
section 5 2
affected local government means a local government with a 3
local government area that the Minister considers is to be 4
affected by a proposed port planning instrument or a proposed 5
amendment of a port planning instrument. 6
affected port entity means a port entity with a port that the 7
Minister considers is to be affected by a proposed port 8
planning instrument or a proposed amendment of a port 9
planning instrument. 10
allocation of quarry material means an allocation of quarry 11
material in tidal water under the Coastal Protection and 12
Management Act, chapter 2, part 5. 13
alternative lawful use, for land, for part 7, division 1, see 14
section 69. 15
appeal period see section 80(2). 16
approved form means a form approved by the chief executive 17
under section 95. 18
assessment manager see the Planning Act, section 246(1). 19
by-laws means by-laws made by the Minister under section 20
66. 21
Coastal Protection and Management Act means the Coastal 22
Protection and Management Act 1995. 23
commercially sensitive means reasonably expected to affect 24
adversely a person's commercial activities, if made publicly 25
available. 26
Commonwealth Environment Act means the Environment 27
Protection and Biodiversity Conservation Act 1999 (Cwlth). 28
compensation claim see section 72. 29
coordinator-general means the Coordinator-General under 30
the State Development Act. 31
Page 84
Ports Bill 2014
Schedule 1
core port area, for a port, means the area located in the PPDA 1
for the port and identified in the port's master plan as its core 2
port area. 3
core port infrastructure includes any of the following on land 4
in a port's development scheme area or on a port's strategic 5
port land or future strategic port land-- 6
(a) berths; 7
(b) bulk loading and unloading facilities; 8
(c) communications or telecommunications facilities; 9
(d) construction laydown areas; 10
(e) conveyors and pipelines; 11
(f) customs, immigration and quarantine facilities, 12
including facilities for underbond storage and housing 13
of animals; 14
(g) defence facilities; 15
(h) dredged channels, dredged basins, reclaimed land, 16
breakwaters and groynes; 17
(i) emergency service facilities, including, for example, a 18
base for water police; 19
(j) facilities for handling dredged material; 20
(k) freight warehouse or depot; 21
(l) monitoring facilities, including, for example a facility to 22
monitor weather or tides; 23
(m) port terminal facilities; 24
(n) roads, driveways, flyovers and other accesses; 25
(o) security facilities; 26
(p) ship building facilities and dry docks; 27
(q) signage, other than advertising billboards; 28
(r) storage yards; 29
(s) transport and equipment depot; 30
(t) transport infrastructure; 31
Page 85
Ports Bill 2014
Schedule 1
(u) utilities for water supply, sewerage, drainage, waste 1
storage and collection, electricity supply and 2
transmission; 3
(v) vehicle parking facilities; 4
(w) weighbridges; 5
(x) wharves and associated structures, including hydraulic 6
structures, structures used for shipping purposes and 7
wharf protection devices; 8
(y) ancillary offices for infrastructure mentioned in 9
paragraphs (a) to (v). 10
court means the court under the Planning Act. 11
development see the Planning Act, section 7. 12
development application means-- 13
(a) a development application under the Planning Act; or 14
(b) an SDA application under the State Development Act; 15
or 16
(c) a PDA development application under the Economic 17
Development Act. 18
development approval means-- 19
(a) a development approval under the Planning Act; or 20
(b) an SDA approval under the State Development Act; or 21
(c) a PDA development approval under the Economic 22
Development Act. 23
development permit means-- 24
(a) a development permit under the Planning Act; or 25
(b) a PDA development permit under the Economic 26
Development Act. 27
development scheme area see section 36(1). 28
dredging-- 29
1 Dredging includes the removal of extractive material. 30
Page 86
Ports Bill 2014
Schedule 1
2 For paragraph 1, extractive material means sand, gravel, 1
boulders, clay, silt, mud or other material in or on land 2
under tidal water, but does not include a mineral within 3
the meaning of the Mineral Resources Act 1989. 4
Economic Development Act means the Economic 5
Development Act 2012. 6
Environmental Protection Act means the Environmental 7
Protection Act 1994. 8
environmental value see the Environmental Protection Act, 9
section 9. 10
future investigation area, for a port, means the area located 11
outside the PPDA for the port and identified in the port's 12
master plan as its future investigation area. 13
future strategic port land means the area identified in a port's 14
port land use plan as land the Minister proposes to be strategic 15
port land. 16
Great Barrier Reef World Heritage Area means the Great 17
Barrier Reef World Heritage Area under the Great Barrier 18
Reef Marine Park Act 1975 (Cwlth). 19
instrument, for part 4, division 2, subdivision 2, see section 20
30. 21
interim PPDA development scheme see section 38. 22
land means any land, whether above or below the ordinary 23
high-water mark at spring tides. 24
Land Act means the Land Act 1994. 25
local planning instrument means a local planning instrument 26
under the Planning Act. 27
master plan means a master plan for a port that the Minister is 28
required to make under section 28. 29
master plan goals see section 29(a). 30
minor amendment, of a port planning instrument, see section 31
16. 32
non-PPDA port see section 43. 33
Page 87
Ports Bill 2014
Schedule 1
owner, of an interest in land, for part 7, division 1, see section 1
69. 2
permissible amendment, of a port planning instrument, see 3
section 17. 4
Planning Act means the Sustainable Planning Act 2009. 5
planning change see section 76(1). 6
planning entity, for an instrument, for part 4, division 2, 7
subdivision 2, see section 30. 8
planning instrument means a planning instrument under the 9
Planning Act. 10
planning scheme means a planning scheme under the 11
Planning Act. 12
port development application see section 50(1). 13
port entity see the Transport Infrastructure Act, section 267. 14
port facilities see the Transport Infrastructure Act, section 15
267A. 16
port land means land over which tenure has been issued to a 17
port entity. 18
port land use plan see section 44(1). 19
port planning instrument see section 9. 20
port prohibited development means development prescribed 21
by regulation as port prohibited development for a 22
development scheme area or strategic port land. 23
port related development-- 24
1 Port related development includes development on land 25
in a port's development scheme area, or on a port's 26
strategic port land or future strategic port land, for any 27
of the following purposes-- 28
(a) service station; 29
(b) food and drink outlet; 30
(c) medical centre; 31
(d) nature based recreation facility; 32
Page 88
Ports Bill 2014
Schedule 1
(e) office; 1
(f) park; 2
(g) seafarers' centre; 3
(h) shop (minor); 4
(i) visitor centre; 5
(j) warehouse (general); 6
(k) manufacturing activity requiring easy access to 7
core port infrastructure. 8
2 For paragraph 1(a), a service station-- 9
(a) is premises used primarily for the sale of fuel for 10
vehicle; and 11
(b) includes part of any premises mentioned in 12
paragraph (a) used to maintain, service, repair, 13
clean or hire vehicles, or as a food and drink outlet 14
or a shop (minor). 15
3 For paragraphs 1(b) and 2(b), a food and drink outlet is 16
premises used for preparing and selling food or drink to 17
the public, on a regular basis, for consumption on or off 18
the premises. 19
4 For paragraph 1(c), a medical centre is premises-- 20
(a) used for medical or surgical care or treatment of 21
patients; and 22
(b) at which accommodation is not provided for 23
patients to stay overnight. 24
5 For paragraph 1(d), a nature based recreation facility is 25
premises used for minor recreational facilities that cause 26
minimal impact on the environment. 27
Examples-- 28
boardwalks, picnic facilities and premises used to educate 29
visitors about an area's ecology 30
6 For paragraph 1(e), an office is premises used for an 31
administrative, professional or management service, 32
Page 89
Ports Bill 2014
Schedule 1
other than the manufacture or sale of goods, but does not 1
include ancillary offices for core port infrastructure. 2
Example-- 3
a financial institution's office 4
7 For paragraph 1(g), a seafarers' centre is premises 5
where chaplaincy services and rest and recreational 6
facilities are provided primarily for seafarers. 7
8 For paragraphs 1(h) and 2(b), a shop (minor) is premises 8
having a gross floor area of not more than 2500m2 that 9
are used for the display or retail of goods or personal 10
services. 11
9 For paragraph 1(i), a visitor centre is premises used 12
primarily to provide information to visitors about the 13
port or training relating to the port, including premises 14
containing an office, cafe or meeting rooms. 15
10 For paragraph 1(j), a warehouse is a building used for 16
the storage or distribution of goods, other than a freight 17
warehouse or depot or transport and equipment depot. 18
port services includes the following services relating to the 19
management of a port or port facilities-- 20
(a) monitoring and management of the movement of 21
vessels, vehicles, goods and people in the port; 22
(b) services in relation to port facilities; 23
(c) services in relation to dredging; 24
(d) services in relation to reclaiming land; 25
(e) management, monitoring or administration of the use of, 26
and access to, port facilities; 27
(f) security services and security monitoring services in the 28
port; 29
(g) services relating to the safety of persons or things in the 30
port; 31
(h) services relating to the preservation of the environment; 32
(i) issuing, and monitoring the use of, security 33
identification; 34
Page 90
Ports Bill 2014
Schedule 1
(j) traffic control services; 1
(k) emergency services; 2
(l) processing applications, reporting information and 3
attending to other administrative matters for the 4
management of the port. 5
PPDA see section 8. 6
PPDA development scheme means a PPDA development 7
scheme for a PPDA that the Minister is required to make 8
under section 36. 9
premises means-- 10
(a) a building or other structure; or 11
(b) land, whether or not a building or other structure is 12
situated on the land. 13
priority port development area see section 8. 14
prohibited dredging see section 83. 15
properly made submission means a submission that-- 16
(a) is written; and 17
(b) is signed by each person (a signatory) who made the 18
submission; and 19
(c) states the name and address of each signatory; and 20
(d) is made to the Minister. 21
public notice means a notice published-- 22
(a) in the gazette; and 23
(b) in a newspaper circulating as follows-- 24
(i) for a notice about a port planning instrument or 25
amendment of a port planning instrument that has 26
or is to have effect in a part of the State 27
only--circulating in the part of the State; 28
(ii) otherwise--circulating generally in the State; and 29
(c) on the department's website. 30
Page 91
Ports Bill 2014
Schedule 1
quarry material means quarry material under the Coastal 1
Protection and Management Act. 2
reasonably means on grounds that are reasonable in all the 3
circumstances. 4
referral agency see the Planning Act, section 252. 5
State Development Act means the State Development and 6
Public Works Organisation Act 1971. 7
strategic port land means the port land identified in a port's 8
port land use plan as its strategic port land. 9
supporting entity see section 12. 10
table of assessment, for a development scheme area or 11
strategic port land, means a statement in the relevant PPDA 12
development scheme or port land use plan as to whether 13
development in the development scheme area or on the 14
strategic port land is-- 15
(a) exempt development or self-assessable development for 16
the Planning Act, or development requiring compliance 17
assessment or assessable development requiring code or 18
impact assessment under the Planning Act; or 19
(b) port prohibited development. 20
tidal water means tidal water under the Coastal Protection and 21
Management Act. 22
transport infrastructure see the Transport Infrastructure Act. 23
Transport Infrastructure Act means the Transport 24
Infrastructure Act 1994. 25
use, for premises, includes any use incidental to and 26
necessarily associated with the use of the premises. 27
Page 92
Ports Bill 2014
Schedule 2
Schedule 2 Consequential or minor 1
amendments 2
section 156 3
Coastal Protection and Management Regulation 2003 4
1 Section 9(3)(b), `that is, or is proposed to be, strategic 5
port land'-- 6
omit, insert-- 7
that is land in a development scheme area, strategic 8
port land or future strategic port land under the Ports 9
Act 2014 10
Land Act 1994 11
1 Section 126, heading, `Strategic'-- 12
omit, insert-- 13
Development scheme area and strategic 14
2 Section 126, `strategic port land for a port authority, the 15
port authority'-- 16
omit, insert-- 17
land in a development scheme area or strategic port 18
land for a port, the port authority for the port 19
3 Section 393(4)(b), `strategic port land'-- 20
omit, insert-- 21
Page 93
Ports Bill 2014
Schedule 2
land in a development scheme area or strategic port 1
land 2
4 Schedule 6-- 3
insert-- 4
development scheme area see the Ports Act 5
2014, section 36(1). 6
5 Schedule 6, definition strategic port land, `Transport 7
Infrastructure Act 1994'-- 8
omit, insert-- 9
Ports Act 2014 10
Land Tax Act 2010 11
1 Section 55(1)(b)(ii), `land use plan approved under the 12
Transport Infrastructure Act 1994, section 286'-- 13
omit, insert-- 14
PPDA development scheme or port land use plan 15
under the Ports Act 2014 16
Local Government Act 2009 17
1 Section 93(3)(e)-- 18
omit, insert-- 19
(e) the following land under the Transport 20
Infrastructure Act-- 21
(i) existing or new rail corridor land; 22
Page 94
Ports Bill 2014
Schedule 2
(ii) commercial corridor land that is not 1
subject to a lease; 2
(ea) the following land under the Ports Act 3
2014-- 4
(i) land in a development scheme area, or 5
strategic port land, that is occupied by a 6
port authority, the State or a 7
government entity; 8
(ii) land in a development scheme area, or 9
strategic port land, that is occupied by a 10
wholly owned subsidiary of a port 11
authority, and is used in connection 12
with the Cairns International Airport or 13
Mackay Airport; 14
Local Government Regulation 2012 15
1 Section 59-- 16
insert-- 17
(5) This section is subject to the Ports Act 2014. 18
Note-- 19
See the Ports Act 2014, part 3, division 4. 20
State Development and Public Works Organisation 21
Regulation 2010 22
1 Part 13A, heading, `coordinated'-- 23
omit, insert-- 24
bilateral 25
Page 95
Ports Bill 2014
Schedule 2
2 Section 36C(2)(a), `coordinated'-- 1
omit, insert-- 2
bilateral 3
3 Schedule 1AA, section 1, definition relevant 4
environmental impacts, `coordinated'-- 5
omit, insert-- 6
bilateral 7
4 Schedule 1BA, part 1, section 1, definition assessment 8
and approval process, `coordinated'-- 9
omit, insert-- 10
bilateral 11
5 Schedule 1BA, part 1, section 2(b), `coordinated'-- 12
omit, insert-- 13
bilateral 14
6 Schedule 1BA, part 2, table 1 heading, `coordinated'-- 15
omit, insert-- 16
bilateral 17
Survey and Mapping Infrastructure Act 2003 18
1 Section 66(1)(c)-- 19
omit, insert-- 20
(c) the land is in a development scheme area or 21
is strategic port land under the Ports Act 22
2014; or 23
Page 96
Ports Bill 2014
Schedule 2
2 Section 66(2), `strategic port land under the Transport 1
Infrastructure Act 1994'-- 2
omit, insert-- 3
land in a development scheme area or strategic port 4
land under the Ports Act 2014 5
3 Section 66(2), `strategic port land.'-- 6
omit, insert-- 7
land in a development scheme area or strategic port 8
land. 9
Sustainable Planning Act 2009 10
1 Schedule 3-- 11
insert-- 12
development scheme area see the Ports Act 13
2014, section 36(1). 14
2 Schedule 3, definition strategic port land, `see the 15
Transport Infrastructure Act, section 286(5)'-- 16
omit, insert-- 17
means strategic port land under the Ports Act 2014 18
3 Schedule 3, definition tidal area, paragraph 2, `strategic 19
port land'-- 20
omit, insert-- 21
a development scheme area or strategic port land 22
Page 97
Ports Bill 2014
Schedule 2
4 Schedule 3, definition tidal area, paragraph 3, `for 1
strategic port land'-- 2
omit, insert-- 3
for a development scheme area or strategic port land 4
5 Schedule 3, definition tidal area, paragraph 3(a), (b) and 5
(c), `strategic port land'-- 6
omit, insert-- 7
development scheme area or strategic port land 8
Sustainable Planning Regulation 2009 9
1 Schedule 3, part 1, table 2, items 2 and 3 and the 10
headings to the items-- 11
omit, insert-- 12
For a brothel
2 Making a material change of use of premises for Code assessment, if
a brothel premises in an
industrial area, on
land in a
development scheme
area or on strategic
port land
Impact assessment, if
premises in an area
other than an
industrial area, a
development scheme
area or on strategic
port land unless a
local planning
instrument, or
amendment of a local
planning instrument
made after 1 July
2000, requires code
assessment
Page 98
Ports Bill 2014
Schedule 2
In a development scheme area
3 Making a material change of use of premises on Code assessment
land in a port's development scheme area that is
inconsistent with the PPDA development scheme
for the port
On strategic port land
3A Making a material change of use of premises on a Code assessment
port's strategic port land that is inconsistent with
the port land use plan for the port
2 Schedule 3, part 1, table 3, item 1, column 2, paragraph 1
(g), `strategic port land'-- 2
omit, insert-- 3
land in a development scheme area or strategic port 4
land 5
3 Schedule 3, part 1, table 5, item 6 and the heading to the 6
item-- 7
omit, insert-- 8
Development in a development scheme area
5 All aspects of development on land in a port's Code assessment
development scheme area, other than
development mentioned in table 2, item 3, if the
PPDA development scheme for the port states the
development is assessable development
Development on strategic port land
6 All aspects of development on a port's strategic Code assessment
port land, other than development mentioned in
table 2, item 3A, if the port land use plan for the
port states the development is assessable
development
4 Schedule 4, table 3, item 2, paragraph (g), `strategic port 9
land'-- 10
omit, insert-- 11
Page 99
Ports Bill 2014
Schedule 2
land in a development scheme area or strategic port 1
land 2
5 Schedule 5, part 1, table 2, item 4 and the heading to the 3
item-- 4
omit, insert-- 5
Development scheme area
4 Development requiring code (a) for the chief executive
assessment under schedule 3, part 1, administering the Ports Act 2014
table 2, item 3 as the assessment manager--the
current PPDA development
scheme; and
(b) for the Minister under the
Transport Infrastructure Act, as the
concurrence agency, section 287A
of that Act
Strategic port land
4A Development requiring code (a) for the chief executive
assessment under schedule 3, part 1, administering the Ports Act 2014
table 2, item 3A as the assessment manager--the
current port land use plan; and
(b) for the Minister under the
Transport Infrastructure Act, as the
concurrence agency, section 287A
of that Act
6 Schedule 5, part 1, table 5, item 1 and the heading to the 6
item-- 7
omit, insert-- 8
Development scheme area
1 In a port's development scheme area The current PPDA development scheme
other than development requiring code for the port
assessment under schedule 3, part 1,
table 2, item 3
Strategic port land
1A On a port's strategic port land other The current port land use plan for the port
than development requiring code
assessment under schedule 3, part 1,
table 2, item 3A
Page 100
Ports Bill 2014
Schedule 2
7 Schedule 6, table 1, item 1, column 1, paragraphs (c) and 1
(d), `port authority's strategic port land tidal area'-- 2
omit, insert-- 3
tidal area of a port's development scheme area or 4
strategic port land 5
8 Schedule 6, table 2, item 1 and the heading to the item-- 6
omit, insert-- 7
Development scheme area and tidal areas of development
scheme area
1 If table 1 does not apply and the application is for-- The chief executive
(a) development completely in a single port's administering the
Ports Act 2014
development scheme area; or
(b) tidal works completely in the tidal area of a single
port's development scheme area; or
(c) tidal works partly in the tidal area of a single port's
development scheme area and in no tidal area of any
local government area or other port's development
scheme area
Strategic port land and tidal areas of strategic port land
1A If table 1 does not apply and the application is for-- The chief executive
administering the
(a) development completely in a single port's strategic
Ports Act 2014
port land; or
(b) tidal works completely in the tidal area of a single
port's strategic port land; or
(c) tidal works partly in the tidal area of a single port's
strategic port land and in no tidal area of any local
government area or other port's strategic port land
Page 101
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Schedule 2
9 Schedule 6, table 3, item 6 and the heading to the item-- 1
omit, insert-- 2
Tidal works or work within a coastal management district
6 If tables 1 and 2 do not apply and the application is for-- The chief executive
(a) operational work that is--
(i) tidal works not in the tidal area of a port's
development scheme area, of a port's strategic
port land or of any local government area; or
(ii) work carried out completely or partly within a
coastal management district; and
(b) no other assessable development
10 Schedule 7, table 2, item 6 and the heading to the item-- 3
omit, insert-- 4
Development scheme area and strategic port land
6 A material change of use on land in a The Minister under The purposes of the
development scheme area or strategic the Transport Transport
port land made assessable under Infrastructure Infrastructure Act
schedule 3, part 1, table 2, item 3 or 3A Act--as a
concurrence agency
11 Schedule 7, table 2, item 16, column 1, `land use plan'-- 5
omit, insert-- 6
PPDA development scheme or port land use plan 7
12 Schedule 18, table 1, item 1, paragraph (d)(vi), `strategic 8
port land'-- 9
omit, insert-- 10
land in a development scheme area or strategic port 11
land 12
13 Schedule 26, definition land use plan-- 13
omit. 14
Page 102
Ports Bill 2014
Schedule 2
14 Schedule 26-- 1
insert-- 2
port land use plan see the Ports Act 2014, section 3
44(1). 4
PPDA development scheme means a PPDA 5
development scheme under the Ports Act 2014. 6
15 Schedule 26, definition subdivision plan, paragraph 7
3(b)(iv), `strategic port land'-- 8
omit, insert-- 9
land in a development scheme area or strategic port 10
land 11
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 103
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