Queensland Numbered Acts

TRANSPORT AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2004 No. 40 - SECT 4

Section 258--

omit, insert--

'(1) This section applies if the chief executive is an assessment manager or a referral agency under the Integrated Planning Act 1997 for a development application under that Act.

'(2) Also, this section has as its purpose ensuring the safety and operational integrity of railways and future railways.

'(3) For performing the chief executive's functions as assessment manager or referral agency, the chief executive must consider the impact of the proposed development on the safety and operational integrity of railways and future railways.

'(4) Subsection (3) is in addition to, and does not limit, the Integrated Planning Act 1997, section 3.3.15 and chapter 3, part 5, division 2.3

'(1) A local government must apply to the chief executive to obtain the chief executive's written approval to make a change to the management of a local government road that, if made--

(a) would require works to be carried out on a railway; or

(b) would have a significant adverse impact on the safety and operational integrity of a railway or a future railway.

'(2) The chief executive--

(a) must consider the application within--

(i) 30 days after receiving it; or

(ii) the longer time notified to the local government by the chief executive, in writing, before the end of the 30 days; and

(b) may--

(i) approve the proposed change, with or without conditions; or

(ii) refuse to approve the proposed change.

'(3) The chief executive must give the local government written notice of the chief executive's decision on the application.

'(4) If the chief executive does not do any of the following within the 30 days, the chief executive is taken to have approved the proposed change--

(a) approve the proposed change;

(b) refuse to approve the proposed change;

(c) give the local government a notice under subsection (2).

'(5) A failure of a local government to obtain an approval under subsection (1) does not invalidate the local government's decision to make the change to which the decision relates.

'(6) This section does not apply if the chief executive has considered the change to the management of the local government road as part of the chief executive's consideration of a development application under IDAS.

'(7) In this section--

IDAS see the Integrated Planning Act 1997, section 3.1.1.4

'(1) For the purposes of sections 258 and 258A, the chief executive may make guidelines to which a person must have regard when--

(a) carrying out development under the Integrated Planning Act 1997; or

(b) making changes to the management of a local government road.

'(2) The chief executive must give a copy of the guidelines to each local government affected by the guidelines.'.