Queensland Numbered Acts

QUEEN'S WHARF BRISBANE ACT 2016 - SECT 93

93 Insertion of new ch 3, pt 2, div 2A

Chapter 3, part 2—
insert—

Division 2A - Declaration of PDA-associated development by MEDQ

40A Application of division This division applies to development—

(a) to be carried out other than entirely within a priority development area; and

Example of development for paragraph (a)—

A bridge is proposed to be constructed, extending from a landing point within the priority development area to a landing point outside the area. This division applies to development to be carried out for the part of the bridge that extends from the boundary of the priority development area to the landing point outside the area.

(b) that is not identified as PDA-associated development in the relevant development instrument for the area.

Note—

A relevant development instrument may identify and regulate development as PDA-associated development—see, for example, section 57(3) and (3A).

40B Consultation required before declaring PDA-associated development Before making a declaration under section 40C(1), MEDQ must—

(a) consult, in the way it considers appropriate, with each local government in whose area the development is proposed to be located; and

(b) make reasonable endeavours to consult, in the way MEDQ considers appropriate, with any government entity, GOC or other entity it considers will be likely to be affected by the declaration.

40C Declaration of PDA-associated development

(1) MEDQ may, by instrument (a
"declaration" ), declare development to which this division applies (the
"proposed development" ) to be PDA-associated development for a priority development area.

(2) A declaration may be made only if MEDQ is satisfied—

(a) the Sustainable Planning Act may have an adverse effect on the delivery of the proposed development if that Act were to apply to it; and

(b) 1 of the following applies—

(i) the proposed development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose;

(ii) the proposed development—

(A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and

(B) has an economic or community benefit for the State or region in which the priority development area is located; and

(C) cannot reasonably be located or accommodated entirely within the priority development area;

(iii) the proposed development satisfies another requirement prescribed by regulation.

(3) A declaration must not compromise the implementation of the relevant development instrument for the priority development area.

(4) In making a declaration, MEDQ must decide—

(a) whether the PDA-associated development is—

(i) PDA assessable development; or

(ii) PDA self-assessable development; or

(iii) PDA exempt development; and

(b) if the development is PDA self-assessable development—the requirements for carrying out the development.

Note—

If the PDA-associated development is PDA assessable development, see section 84 for requirements about public notification of a PDA development application.

(5) In this section—

"development infrastructure" see the Sustainable Planning Act, section 627.

40D Content of declaration

A declaration under section 40C(1) must include the following information—

(a) the priority development area the development is for;

(b) a description of the land on which the development is proposed to be located;

(c) a description of the development, including plans and supporting documentation;

(d) any other information prescribed by regulation.

40E Notice of declaration

As soon as practicable after declaring development to be PDA-associated development under section 40C(1), MEDQ must—

(a) publish the declaration on the department’s website; and

(b) give a copy of the declaration to—

(i) each local government in whose area the development is to be located; and

(ii) the owner of the land on which the development is proposed to be located; and

(iii) each government entity or GOC consulted under section 40B before the making of the declaration.