Queensland Numbered Acts

PLANNING ACT 2016 - SECT 145

145 Imposing conditions about infrastructure

(1) A State infrastructure provider may impose a development condition (a
"State-related condition" ) on a development approval about—

(a) infrastructure; and

(b) works to protect or maintain infrastructure operation.

(2) However, a State-related condition may only be about protecting or maintaining the safety or efficiency of—

(a) existing or proposed State-owned or State-controlled transport infrastructure; or

(b) public passenger transport or public passenger transport infrastructure (whether or not State-owned or State-controlled); or

(c) the safety or efficiency of railways, ports or airports under the Transport Infrastructure Act; or

(d) if the State infrastructure provider is the chief executive—a matter stated in paragraph (a), (b) or (c) for another State infrastructure provider.

Examples of infrastructure that might be required under a State-related condition—

• turning lanes or traffic signals at a site access or nearby intersection that are to ensure road links and intersections continue to perform at an acceptable level

• upgraded traffic control devices at a level crossing in response to increased traffic

• drainage or retaining structures that are to protect transport infrastructure from changed hydraulics or excavation next to State-owned or State-controlled transport infrastructure

(3) In this section—

"public passenger transport" means the carriage of passengers by a public passenger service as defined under the Transport Operations (Passenger Transport) Act 1994 using a public passenger vehicle as defined under that Act.

"public passenger transport infrastructure" means infrastructure for, or associated with, the provision of public passenger transport.

"safety or efficiency" , of infrastructure, means—

(a) the safety of the users of the infrastructure and of other persons affected by the infrastructure; or

(b) the efficiency of the use of the infrastructure.