Queensland Numbered Acts

STATE DEVELOPMENT, INFRASTRUCTURE AND PLANNING (RED TAPE REDUCTION) AND OTHER LEGISLATION AMENDMENT ACT 2014 NO. 40

TABLE OF PROVISIONS

           Contents

           CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement

           CHAPTER 2--AMENDMENT OF ACTS ADMINISTERED BY DEPARTMENT OF STATE DEVELOPMENT, INFRASTRUCTURE AND PLANNING GENERALLY
           Part 1--Amendment of Economic Development Act 2012

   3.      Act amended
   4.      Amendment of s 26 (Payments of amounts into the Fund)
   5.      Amendment of s 34 (Declaration)
           6. Amendment of s 35 (Provisional land use plan required for provisional priority development area)
   7.      Insertion of new ch 3, pt 2, div 3, sdiv 1, hdg
   8.      Replacement of s 42 (Revocation or reduction of priority development area)
   9.      Replacement of s 47 (Community infrastructure designations)
   10.     Replacement of s 66 (Power to amend)
   11.     Amendment of s 67 (Division 1 process applies to particular amendments)
   12.     Amendment of s 88 (PDA development conditions)
   13.     Amendment of s 104 (Plans of subdivision)
   14.     Amendment of s 114 (Planning and Environment Court may make declarations)
   15.     Replacement of ch 3, pt 6, hdg (Special rates and charges)
   16.     Amendment of s 115 (Levying special rates or charges)
   17.     Insertion of new ch 3, pt 6, div 2, new ch 6, pt 6, div 3, hdg and new ss 116F and 116G
           18. Replacement of s 117 (Recovery of special rate or charge)
   19.     Amendment of s 121 (Infrastructure agreement continues beyond cessation of priority development area)
   20.     Amendment of s 127 (Direction to government entity or local government to accept transfer)
   21.     Amendment of s 172 (Registers)
           22. Amendment of sch 1 (Dictionary)
           Part 2--Amendment of Queensland Industry Participation Policy Act 2011
   23.     Act amended
   24.     Replacement of s 13 (Minister to report on implementation of local industry policy)
   25.     Amendment of ss 14 and 15
           25A. Amendment of s 16 (Saving of existing local industry policy)
           Part 3--Amendment of State Development and Public Works Organisation Act 1971
   26.     Act amended
   27.     Amendment of s 24 (Definitions for pt 4)
   28.     Replacement of s 25A (Fees for pt 4)
   29.     Amendment of s 26 (Declaration of coordinated project)
   30.     Amendment of s 27AB (Requirements for application)
   31.     Replacement of s 27A (Lapsing of declaration)
   32.     Amendment of s 28 (Application of divs 3–8)
   33.     Replacement of pt 4, div 3, hdg
   34.     Replacement of s 32 (Preparation of EIS)
   35.     Amendment of s 33 (Public notification of EIS)
   36.     Amendment of s 34 (Making submissions on EIS)
   37.     Insertion of new ss 34A–34D and new pt 4, div 3, sdiv 2
   38.     Omission of s 35 (Coordinator-General evaluates EIS, submissions, other material and prepares report)
   39.     Insertion of new pt 4, div 3, sdiv 3, hdg
   40.     Amendment of s 35AA (Amendment of Coordinator-General's report)
   41.     Replacement of s 35A (Lapsing of Coordinator-General's report)
   42.     Amendment of s 35H (Criteria for evaluating)
   43.     Replacement of s 35L (Lapsing of Coordinator-General's change report)
   44.     Amendment of s 36 (Application of sdiv 1)
   45.     Amendment of s 37 (Applications for material change of use or requiring impact assessment)
   46.     Amendment of s 38 (When the decision stage for the project starts under IDAS)
   47.     Amendment of s 54A (Application of div 8)
   48.     Amendment of s 54D (Effect of imposed conditions)
   49.     Amendment of s 76K (Step in notice)
   50.     Amendment of s 76L (When step in notice may be given)
   51.     Amendment of s 79 (Development scheme)
   52.     Insertion of new s 79A
           53. Amendment of s 82 (Acquisition of land in State development area)
   54.     Amendment of s 83 (Disposal of land in State development area)
   55.     Replacement of ss 84, 84AA, 84AB, 84A and 85
           56. Replacement of s 87 (Compensation)
           57. Amendment of s 92 (Calculating reasonable compensation involving changes)
   58.     Omission of pt 6, div 5 (Project boards)
   59.     Amendment of s 153AA (Application for approval of project as a private infrastructure facility and for Coordinator-General to take land)
   60.     Amendment of s 153AB (Coordinator-General to seek submissions and undertake consultation)
   61.     Amendment of s 153AC (Criteria for approval of project)
   62.     Amendment of s 153AE (Final negotiations with owner of land)
   63.     Amendment of s 157A (What is an enforceable condition)
   64.     Amendment of s 157P (Executive officer must ensure corporation does not commit particular offences)
   65.     Replacement of s 161 (Power as to roads)
   66.     Insertion of new pt 9, div 7
   67.     Amendment of sch 1B (Subject matter for guidelines)
   68.     Amendment of sch 2 (Dictionary)
           Part 4--Amendment of Sustainable Planning Act 2009
   69.     Act amended
   70.     Omission of ch 3, pt 5, div 2 (Modifications to process for making or amending local planning instruments having effect in iconic places)
   70A.    Amendment of s 249 (When assessment manager also has jurisdiction as concurrence agency)
   70B.    Amendment of s 260 (Applying for development approval)
   71.     Amendment of s 319 (Decision-making period—changed circumstances)
   72.     Amendment of s 321 (Applicant may stop decision-making period to request chief executive's assistance)
   73.     Amendment of s 330 (Application of sdiv 4)
   74.     Amendment of s 335 (Content of decision notice)
   75.     Amendment of s 350 (Meaning of minor change)
   76.     Amendment of s 420 (Ministerial directions to concurrence agencies)
   77.     Insertion of new ch 9, pt 7A
   78.     Omission of ch 9, pt 7B (Advisory panels for iconic places)
   79.     Amendment of s 763 (Regulation-making power)
   80.     Amendment of s 893 (Definitions for pt 6)
   81.     Amendment of s 899 (Changes to restrictions on, and notification requirements for, particular development applications in master planned areas)
   82.     Insertion of new ch 10, pt 12
   83.     Amendment of sch 3 (Dictionary)
           Part 5--Amendment of Gasfields Commission Act 2013
   84.     Act amended
   85.     Amendment of s 44 (Protection from liability)

           CHAPTER 3--AMENDMENT OF ENVIRONMENTAL PROTECTION ACT 1994

   86.     Act amended
   87.     Amendment of s 115 (Development application taken to be application for environmental authority in particular circumstances)
   88.     Amendment of s 166 (When does decision stage start—application relating to development applications)
   89.     Amendment of s 169 (When decision must be made—particular applications)
   90.     Omission of ss 196 and 214
           91. Amendment of s 216 (Application of div 2)
   92.     Amendment of s 221 (Steps for amendment)
   93.     Amendment of sch 2 (Original decisions)
   94.     Amendment of sch 4 (Dictionary)

           CHAPTER 4--REPEAL OF WILD RIVERS ACT 2005 AND AMENDMENTS FOR THE REPEAL
           Part 1--Repeal of Wild Rivers Act 2005

   95.     Repeal
           Part 2--Amendments for repeal of Wild Rivers Act 2005
           Division 1--Amendment of Environmental Protection Act 1994
   96.     Act amended
   97.     Amendment of s 41 (Submission)
   98.     Amendment of s 141 (Content of information request)
   99.     Omission of ss 142 and 174
           100. Amendment of s 143 (EIS may be required)
   101.    Amendment of s 146 (Applicant responds to any information request)
   102.    Amendment of s 173 (When particular applications must be refused)
   103.    Insertion of new ch 13, pt 21
   104.    Amendment of sch 4 (Dictionary)
           Division 2--Amendment of Fisheries Act 1994
   105.    Act amended
   106.    Amendment of s 55 (Consideration of application for issue of authority)
   107.    Omission of ss 76DA–76DC
           108. Amendment of s 90 (Non-indigenous fisheries resources not to be possessed, released etc.)
   109.    Insertion of new pt 12, div 9
   110.    Amendment of schedule (Dictionary)
           Division 3--Amendment of Mineral Resources Act 1989
   111.    Act amended
   112.    Amendment of s 25 (Conditions of prospecting permit)
   113.    Amendment of s 81 (Conditions of mining claim)
   114.    Amendment of s 141 (Conditions of exploration permit)
   115.    Amendment of s 194 (Conditions of mineral development licence)
   116.    Amendment of s 276 (General conditions of mining lease)
   117.    Omission of ch 12, pt 3 (Wild river areas)
   118.    Insertion of new ch 15, pt 8
   119.    Amendment of sch 2 (Dictionary)
           Division 4--Amendment of Regional Planning Interests Act 2014
   120.    Act amended
   120A.   Insertion of new s 24A
   121.    Insertion of new pt 8A
   122.    Amendment of pt 9 hdg (Transitional regulation-making power)
   123.    Amendment of s 108 (Transitional regulation-making power)
   124.    Insertion of new s 108A
           124A. Amendment of sch 1 (Dictionary)
           Division 5--Amendment of Sustainable Planning Act 2009
   125.    Act amended
   126.    Amendment of s 330 (Application of sdiv 4)
   127.    Insertion of new ch 10, pt 12, div 3
   128.    Amendment of sch 1 (Prohibited development)
   129.    Amendment of sch 3 (Dictionary)
           Division 6--Amendment of Water Act 2000
   130.    Act amended
   131.    Amendment of s 20 (General authorisations)
   132.    Amendment of ss 25C and 25F
           133. Amendment of s 25ZA (Application for approval to restrict use of subartesian water)
   134.    Amendment of ss 46, 55, 57, 98, 99, 266, 268, and 280
           135. Amendment of s 47 (Matters the Minister must consider when preparing draft water resource plan)
   136.    Amendment of s 105 (General provision for amending resource operations plan)
   137.    Amendment of s 106 (Minor or stated amendments of resource operations plan)
   138.    Amendment of s 205 (Decisions to be in accordance with plans and declaration)
   139.    Amendment of s 209 (Applications that may be decided without public notice)
   140.    Amendment of s 210 (Criteria for deciding application for water licence)
   141.    Amendment of s 212 (Granting a water licence under a plan or declaration process)
   142.    Amendment of s 213A (Term of water licence)
   143.    Amendment of s 282 (Criteria for deciding application for allocation of quarry material)
   144.    Amendment of s 851 (Who is an interested person)
   145.    Amendment of s 968 (Chief executive as assessing authority or advice agency)
   146.    Omission of ch 8, pt 2, div 1, sdiv 3 (Additional provisions for wild river areas)
   147.    Amendment of s 1014 (Regulation-making power)
   148.    Insertion of new ch 9, pt 7
   149.    Amendment of sch 4 (Dictionary)

           CHAPTER 5--REPEAL OF OTHER ACTS

   150.    Repeal of Clean Coal Technology Special Agreement Act 2007
   151.    Repeal of Eagle Farm Racecourse Act 1998
   152.    Repeal of Gurulmundi Secure Landfill Agreement Act 1992
   153.    Repeal of Racing Venues Development Act 1982

           CHAPTER 6--MINOR, CONSEQUENTIAL AND OTHER AMENDMENTS

   154.    Legislation amended in sch 1
           SCHEDULE 1 -- MINOR, CONSEQUENTIAL AND OTHER AMENDMENTS
           Part 1--Amendments for ch 2
           Part 2--Amendments to Acts for ch 4, pt 1
           Part 3--Amendments to subordinate legislation for ch 4, pt 1
           Part 4--Amendments for ch 5
           Part 5--Other amendments