Queensland Numbered Acts Queensland Numbered ActsAfter section 53--
insert--
'(1) If a conference is held under section 53, the objector may, within 14 days after the conference ends, give the chief executive further written information that--
(a) supports the grounds in the objection; or
(b) raises a new ground of objection or relates to another matter raised at the conference.
'(2) Whether or not a conference under section 53 has been held, the chief executive may invite an objector under section 52 to give the chief executive further written information (the invited information)--
(a) that supports the grounds in the objection; or
(b) to clarify grounds in the objection or any thing stated in the objection.
'(3) The invitation must--
(a) be by written notice to the objector's address for service stated in the objection; and
(b) state the date the chief executive issued the invitation.
'(4) The invited information may be given only within the following period (the required period)--
(a) generally--the period that ends 14 days after the date the chief executive issued the invitation (the usual period);
(b) if, within the 14 days, the chief executive and the objector agree in writing to a later period that ends no more than 14 days after the usual period ends--the later period.
'(5) Further information given under this section is not without prejudice.
Notes--
1 The giving, under this section, section 53B or 53C, of further information does not, of itself, change the objection. For how and when an objection can be amended, see section 53D.
2 Particular amendments relating to the giving of the further information can only be made when the further information is given--see section 53D(4).
3 In any subsequent appeal against the decision on the objection, only grounds in the objection before the chief executive when the decision was made may be relied on--see section 56(3).
'(1) This section applies if--
(a) the chief executive considers further information, other than information the subject of legal professional privilege--
(i) is likely to be in the objector's custody, possession or power; and
(ii) will likely be relevant to the deciding of an objection made under section 52; and
Examples of possible further information--
any of the following about the objector's land or other land--
a valuation report (improved or unimproved)
a town planning report
a record of discussions with purchasers, vendors or agents
information about a stated type of cost associated with the development
(b) the valuation objected against is more than the following amount--
(i) if any amount of more than $2m has been prescribed under a regulation--the prescribed amount;
(ii) if no amount has been prescribed--$2m.
'(2) This section applies--
(a) whether or not--
(i) a conference under section 53 has been held; or
(ii) the information is the subject of an invitation under section 53A(2); and
(b) whether the information is a document or other information; and
(c) even if the information came into existence for a purpose unrelated to the objection.
Examples of purposes unrelated to the objection--
the obtaining of finance
compliance with a requirement under the Corporations Act
'(3) The chief executive may give the objector a written notice (an information requirement) requiring the objector to give the chief executive in writing all of the information within the following period (the required period)--
(a) generally--the period that ends 28 days after the date the chief executive issued the information requirement (the usual period);
(b) if, within the 28 days, the chief executive and the objector agree in writing to a later period that ends no more than 14 days after the usual period ends--the later period.
'(4) The information requirement must--
(a) state the date the chief executive issued the information requirement; and
(b) describe the information required to be given.
Example of a description of information--
for a comparative sale mentioned in the objection, a detailed breakdown of the components of the sale, including, if applicable, any demolition costs and details of quantity and costs of site filling
'(5) For subsection (4)(b), the description is sufficient if it is by reference to the information's nature or type.
'(1) This section applies if the chief executive considers an objector has not, within the required period under section 53B, complied with all or part of an information requirement under that section.
'(2) The chief executive may give the objector a notice (a lapsing notice) stating--
(a) the information (the outstanding information) the chief executive considers the objector must give the chief executive to comply with the information requirement; and
(b) that if the objector does not give the chief executive the outstanding information in writing within 14 days after the day the lapsing notice was issued--
(i) the objection will lapse; and
(ii) the chief executive will not be required to consider or further consider the objection.
'(3) If the objector has not, within the 14 days, given the chief executive the outstanding information in writing--
(a) the objection lapses; and
(b) the chief executive is not required to consider or further consider the objection.
'(4) However--
(a) subsection (3) does not apply if--
(i) the outstanding information would, at common law, be privileged from production in a proceeding; or
(ii) within the 14 days the objector gives the chief executive a statutory declaration declaring that the outstanding information is not in the objector's custody, possession or power; and
(b) if, within the 14 days, the decision to make the information requirement or the decision to give the lapsing notice is stayed by a court, subsection (3) does not apply until the time, if any, decided by that court.
'(5) For subsection (4)(a)(ii), the statutory declaration must be sworn by--
(a) if the objector is an individual--the objector; or
(b) if the objector is a corporation--an individual with knowledge of the matter who is lawfully authorised to swear the declaration for the objector.
'(1) An objection can not be amended other than as provided for under this section.
'(2) If, under section 52AB, a correction notice is given for an objection, the objection may, within the period provided for under that section, be amended so that it is a properly made objection.
Note--
If the objection is not so amended, under section 52AB it is taken to not be a properly made objection.
'(3) An objection may be amended to change--
(a) information that identifies the objector's land; or
(b) the objector's address for service for any notices concerning the objection; or
(c) the amount of the valuation sought; or
(d) the grounds stated in the objection, or the facts and circumstances that are the basis for the grounds, if the change is to--
(i) withdraw a ground, or the facts or circumstances; or
(ii) reflect an additional matter raised in further information given under section 53A to 53C; or
(e) the information stated in the objection that the objector seeks to rely on to include further information given under section 53A to 53C.
'(4) However, an objection can not be amended if--
(a) the objection as amended would not be a properly made objection; or
(b) the amendment is sought to be made--
(i) for an amendment mentioned in subsection (3)(a), (b), (c) or (d)(i)--after the objection has been decided, whether or not notice of the decision has been given to the objector; or
(ii) for an amendment mentioned in subsection (3)(d)(ii) or (e)--other than when the further information is given.
'(5) An amendment to an objection permitted under this section can only be made by signed notice to the chief executive.
'(6) If an objector purports to amend an objection other than under this section, the chief executive must disregard the purported amendment when deciding the objection.'.