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Queensland
Planning and Environment
Court Bill 2014
Queensland
Planning and Environment Court Bill 2014
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Establishment and jurisdiction
Division 1 Establishment
4 Continuation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Constituting P&E Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Chief Judge has overall responsibility for P&E Court . . . . . . . . . . 7
Division 2 General jurisdiction
7 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 District Court jurisdiction unimpaired . . . . . . . . . . . . . . . . . . . . . . 8
9 When P&E Court must remit to tribunal . . . . . . . . . . . . . . . . . . . . 8
10 Principles for exercising jurisdiction . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3 Declaratory jurisdiction
11 General declaratory jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . 9
12 Declaratory jurisdiction for Ministerial call in of development application
10
Part 3 Rules and orders or directions
13 Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Orders and directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 4 Powers and procedure (general)
Division 1 Alternative dispute resolution
Subdivision 1 ADR process
15 Purpose of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
16 ADR process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
17 Referral to ADR process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Planning and Environment Court Bill 2014
Contents
18 Resolution agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
19 Documents to be filed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
20 Orders giving effect to resolution agreement . . . . . . . . . . . . . . . . 13
21 Preservation of confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Subdivision 2 P&E Court proceedings
22 ADR registrar's powers to hear and decide . . . . . . . . . . . . . . . . . 14
23 ADR registrar's powers on Chief Judge's direction. . . . . . . . . . . . 15
24 Conduct of proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25 Reference to P&E Court by ADR registrar . . . . . . . . . . . . . . . . . . 15
26 Review by P&E Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Subdivision 3 ADR registrar's powers
27 ADR registrar's powers--general . . . . . . . . . . . . . . . . . . . . . . . . . 16
28 Provision for exercise of ADR registrar's powers . . . . . . . . . . . . . 16
Division 2 Powers
29 Where P&E Court may sit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
30 Adjournments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
31 Subpoenas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
32 P&E Court may extend period to take an action. . . . . . . . . . . . . . 18
33 Taking and recording evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . 18
34 Power to state case for Court of Appeal . . . . . . . . . . . . . . . . . . . . 18
35 Terms of orders etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
36 Contempt and contravention of orders . . . . . . . . . . . . . . . . . . . . . 19
37 Discretion to deal with noncompliance . . . . . . . . . . . . . . . . . . . . . 19
38 What happens if P&E Court judge or ADR registrar dies or is
incapacitated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3 Parties
39 Planning Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
40 Appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
41 Representative proceedings in particular cases. . . . . . . . . . . . . . 21
Division 4 Miscellaneous
42 P&E Court proceedings open to public . . . . . . . . . . . . . . . . . . . . 22
43 Nature of appeal in general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
44 Privileges, protection and immunity . . . . . . . . . . . . . . . . . . . . . . . 22
Part 5 Planning Act proceedings
Division 1 Planning Act appeals
45 Who must prove case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Page 2
Planning and Environment Court Bill 2014
Contents
46 Nature of appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
47 Appeal decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 2 Evidence in P&E Court proceedings
48 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
49 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
50 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
51 Instruments, equipment and installations . . . . . . . . . . . . . . . . . . . 26
52 Analyst's certificate or report . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
53 Evidence of planning instruments or notices of designation . . . . 26
54 Planning instruments presumed to be within power . . . . . . . . . . . 27
55 Evidence of local planning instruments . . . . . . . . . . . . . . . . . . . . 27
56 Effect of planning and development certificates . . . . . . . . . . . . . . 27
57 Evidentiary aids generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 6 Costs
Division 1 Security for costs
58 Security for costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 2 Costs in P&E Court proceedings
59 General costs provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
60 Specific criteria for making costs order . . . . . . . . . . . . . . . . . . . . 30
61 Provision for participation in ADR process . . . . . . . . . . . . . . . . . . 32
62 Costs provisions for particular proceedings . . . . . . . . . . . . . . . . . 32
Part 7 Appeals to Court of Appeal
63 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
64 When leave to appeal must be sought and appeal made . . . . . . 33
65 Court of Appeal's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 8 Registry and officers
66 Registrars and other officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
67 ADR registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
68 Registries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
69 P&E Court records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 9 Miscellaneous
70 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
71 Judicial notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
72 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
73 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
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Planning and Environment Court Bill 2014
Contents
Part 10 Savings and transitional provisions
74 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
75 Continuance of existing judgeships . . . . . . . . . . . . . . . . . . . . . . . 36
76 Existing proceedings and proceeding rights. . . . . . . . . . . . . . . . . 36
77 Continuance of existing orders and directions . . . . . . . . . . . . . . . 37
78 Existing references to court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
79 Existing rules migrate to this Act . . . . . . . . . . . . . . . . . . . . . . . . . 38
80 Migration of particular repealed SPA provisions about the P&E Court to
the rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Page 4
2014
A Bill
for
An Act about the Planning and Environment Court
Planning and Environment Court Bill 2014
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Planning and Environment Court 4
Act 2014. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Dictionary 8
The dictionary in schedule 1 defines words used in this Act. 9
Part 2 Establishment and jurisdiction 10
Division 1 Establishment 11
4 Continuation 12
(1) The Planning and Environment Court (the P&E Court) is 13
continued in existence. 14
(2) The P&E Court-- 15
(a) is a court of record; and 16
(b) has a seal that must be judicially noticed. 17
Page 6
Planning and Environment Court Bill 2014
Part 2 Establishment and jurisdiction
[s 5]
5 Constituting P&E Court 1
(1) The Governor in Council may, by gazette notice, appoint 1 or 2
more District Court judges who are each to constitute the P&E 3
Court. 4
(2) A District Court judge appointed to constitute the P&E Court 5
is called a P&E Court judge. 6
(3) The appointment may be for a specific period. 7
(4) If a District Court judge purports to constitute, and make a 8
decision or order of, the P&E Court, the decision or order is 9
valid despite-- 10
(a) the judge not having been appointed as a P&E Court 11
judge; or 12
(b) the judge's appointment as a P&E Court judge having 13
ended. 14
(5) More than 1 P&E Court may sit at the same time. 15
(6) When more than 1 P&E Court is sitting at the same time, each 16
may exercise the jurisdiction and powers of the P&E Court. 17
6 Chief Judge has overall responsibility for P&E Court 18
(1) The Chief Judge is responsible for the administration of the 19
P&E Court and for ensuring the orderly and expeditious 20
exercise of the jurisdiction and powers of the P&E Court. 21
(2) Subject to any Act, the Chief Judge has power to do all things 22
necessary or convenient to perform the functions mentioned 23
in subsection (1). 24
Division 2 General jurisdiction 25
7 Jurisdiction 26
(1) The P&E Court has jurisdiction given to it under any Act 27
(each an enabling Act). 28
Page 7
Planning and Environment Court Bill 2014
Part 2 Establishment and jurisdiction
[s 8]
Notes-- 1
1 Various Acts give the P&E Court jurisdiction. However, under the 2
Planning Act, chapter 6 and schedule 1 and part 4 of this Act, its 3
main heads of jurisdiction are-- 4
· appeals against particular planning and planning-related 5
decisions under the Planning Act (in this Act, called 6
`Planning Act appeals') 7
· appeals against decisions of development tribunals under the 8
Planning Act (in this Act, called `tribunals'). 9
2 For when courts have jurisdiction, see also the Acts Interpretation 10
Act 1954, section 49A. 11
(2) A P&E Court decision or order is non-appealable, other 12
than-- 13
(a) under part 7; or 14
(b) under the relevant enabling Act; or 15
(c) to the Supreme Court on the ground of jurisdictional 16
error. 17
(3) In this section-- 18
non-appealable, for a decision or order, means the decision or 19
order-- 20
(a) is final and conclusive; and 21
(b) may not be challenged, appealed against, reviewed, 22
quashed, set aside or called into question in any way in 23
any court. 24
8 District Court jurisdiction unimpaired 25
A P&E Court judge retains all of the judge's jurisdiction as a 26
District Court judge. 27
9 When P&E Court must remit to tribunal 28
(1) If-- 29
(a) a P&E Court proceeding is, or includes, a matter within 30
a tribunal's jurisdiction; and 31
Page 8
Planning and Environment Court Bill 2014
Part 2 Establishment and jurisdiction
[s 10]
(b) the court is satisfied the matter should be dealt with by 1
the tribunal; 2
the court must, by order, remit the matter to the tribunal. 3
(2) On the making of the order, the Planning Act, sections 184 4
and 193 are taken to apply as if the order were a document 5
starting a tribunal proceeding under that Act. 6
10 Principles for exercising jurisdiction 7
(1) In conducting P&E Court proceedings and applying the rules, 8
the P&E Court must-- 9
(a) facilitate the just and expeditious resolution of the 10
issues; and 11
(b) avoid undue delay, expense and technicality. 12
(2) The parties to a P&E Court proceeding impliedly undertake to 13
the court and each other to proceed in an expeditious way. 14
Division 3 Declaratory jurisdiction 15
11 General declaratory jurisdiction 16
(1) Any person may start a P&E Court proceeding seeking a 17
declaration (a declaratory proceeding) about-- 18
(a) a matter done, to be done or that should have been done 19
for this Act or the Planning Act; or 20
(b) the interpretation of this Act or the Planning Act; or 21
(c) the lawfulness of land use or development under the 22
Planning Act; or 23
(d) the construction of a land use plan under the Airport 24
Assets (Restructuring and Disposal) Act 2008 and the 25
interpretation of chapter 3, part 1 of that Act; or 26
(e) the construction of the Brisbane port LUP under the 27
Transport Infrastructure Act 1994. 28
Page 9
Planning and Environment Court Bill 2014
Part 3 Rules and orders or directions
[s 12]
Note-- 1
Under the Acts Interpretation Act 1954, section 7, a reference to 2
an Act in this list of subject matter about which a declaration 3
may be sought includes a reference to the statutory instruments 4
made under the Act. 5
(2) However, a declaratory proceeding for a matter relating to a 6
call in under the Planning Act may be started only under 7
section 12. 8
(3) Also, a person may not start a declaratory proceeding for a 9
matter under the Planning Act, chapter 3, part 7, division 2 or 10
4. 11
(4) The P&E Court may also make an order about any declaration 12
it makes. 13
12 Declaratory jurisdiction for Ministerial call in of 14
development application 15
(1) This section applies to an assessment manager for a 16
development application if-- 17
(a) the application is the subject of a call in under the 18
Planning Act; and 19
(b) when the call in took place, the assessment manager had 20
not decided, or had refused, the development. 21
(2) The assessment manager may start a proceeding (also a 22
declaratory proceeding) in the P&E Court for a declaration 23
about a matter done, to be done or that should have been done 24
in relation to the call in. 25
Part 3 Rules and orders or directions 26
13 Rules 27
(1) The Governor in Council may make rules of the P&E Court 28
about any or all of the following matters-- 29
Page 10
Planning and Environment Court Bill 2014
Part 3 Rules and orders or directions
[s 14]
(a) anything required or permitted under an enabling Act to 1
be prescribed by the rules; 2
(b) the P&E Court's procedures; 3
(c) anything necessary or convenient for the P&E Court's 4
purposes. 5
Example of a matter the rules may provide for-- 6
a matter that may be dealt with by the P&E Court's officers under part 8 7
(2) However, the rules may be made only with the concurrence of 8
the Chief Judge and a P&E Court judge. 9
(3) The P&E Court's procedures are governed by the rules, 10
subject to relevant enabling Acts. 11
(4) The rules may be uniform rules that apply to other courts. 12
(5) The rules are subordinate legislation. 13
14 Orders and directions 14
(1) The P&E Court may make an order or direction about the 15
conduct of a P&E Court proceeding. 16
(2) The Chief Judge may make directions of general application 17
about the P&E Court's procedures. 18
Note-- 19
See, for example, section 23. 20
(3) In making an order or direction under this section, the 21
interests of justice are paramount. 22
(4) An order or direction made under this section may be 23
inconsistent with a provision of the rules. 24
(5) However, if there is an inconsistency between an order or 25
direction made under this section and a provision of the rules, 26
the order or direction prevails to the extent of the 27
inconsistency. 28
(6) The P&E Court or Chief Judge may vary or revoke an order or 29
direction made under this section. 30
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Planning and Environment Court Bill 2014
Part 4 Powers and procedure (general)
[s 15]
Part 4 Powers and procedure 1
(general) 2
Division 1 Alternative dispute resolution 3
Subdivision 1 ADR process 4
15 Purpose of sdiv 1 5
The purpose of this subdivision is to provide an opportunity 6
for parties to a P&E Court proceeding to participate in an 7
ADR process. 8
16 ADR process 9
(1) An ADR process is a process, without adjudication, under the 10
rules in which an ADR registrar helps the parties to a dispute 11
the subject of the P&E Court proceeding to achieve an early, 12
inexpensive settlement or resolution of the dispute. 13
(2) The ADR process includes all the steps involved in the 14
process, including the following steps-- 15
(a) ADR conferences; 16
(b) pre-ADR conference and post-ADR conference 17
sessions; 18
(c) joint sessions of some or all of the parties; 19
(d) private sessions; 20
(e) another step prescribed by the rules. 21
(3) An ADR registrar may, as part of the ADR process, confer 22
with the parties about the way to conduct the P&E Court 23
proceeding. 24
Page 12
Planning and Environment Court Bill 2014
Part 4 Powers and procedure (general)
[s 17]
17 Referral to ADR process 1
If a P&E Court proceeding is referred to an ADR process-- 2
(a) the proceeding is not stayed, unless the P&E Court 3
orders otherwise; but 4
(b) the P&E Court can not decide the proceeding until the 5
ADR process has been finalised. 6
18 Resolution agreement 7
(1) If the parties agree on a resolution of their dispute or part of it 8
at or after an ADR process, the agreement must be written 9
down and signed by or for each party and by the ADR 10
registrar who conducted the ADR process. 11
(2) The agreement has effect as a compromise. 12
19 Documents to be filed 13
(1) As soon as practicable after an ADR process has finished, the 14
ADR registrar who conducted the ADR process must file a 15
certificate about the ADR process in the approved form. 16
(2) The certificate must not contain comment about the extent to 17
which a party participated or refused to participate in the ADR 18
process. 19
(3) However, the certificate may indicate that a party did not 20
attend the ADR process. 21
20 Orders giving effect to resolution agreement 22
(1) A party may apply to the P&E Court for an order giving effect 23
to an agreement reached at or after an ADR process. 24
(2) However, a party may apply for the order only after the ADR 25
registrar's certificate has been filed. 26
(3) The P&E Court may make any order it considers appropriate 27
in the circumstances. 28
Page 13
Planning and Environment Court Bill 2014
Part 4 Powers and procedure (general)
[s 21]
21 Preservation of confidentiality 1
(1) An ADR registrar must not disclose to anyone information 2
acquired by the ADR registrar during an ADR process, other 3
than under subsection (2). 4
Maximum penalty--50 penalty units. 5
(2) The ADR registrar may disclose the information-- 6
(a) with the agreement of the person to whom the 7
information relates or someone else authorised by the 8
person; or 9
(b) for the purpose of giving effect to this part; or 10
(c) for statistical purposes not likely to reveal the identity of 11
a person to whom the information relates; or 12
(d) for an inquiry or proceeding about an offence happening 13
during the ADR process; or 14
(e) for a proceeding founded on fraud alleged to be 15
connected with, or to have happened during, the ADR 16
process; or 17
(f) if the disclosure is authorised under an Act or another 18
law. 19
Subdivision 2 P&E Court proceedings 20
22 ADR registrar's powers to hear and decide 21
In a P&E Court proceeding, an ADR registrar may hear and 22
decide and make an order or direction (including a final 23
judgment or order) if-- 24
(a) the proceeding is a matter within a tribunal's jurisdiction 25
and the chief executive decides under the Planning Act, 26
section 196 or 198, to end the proceeding without 27
establishing another or any tribunal; or 28
(b) the proceeding relates to a minor change to a 29
development application or development approval under 30
the Planning Act; or 31
Page 14
Planning and Environment Court Bill 2014
Part 4 Powers and procedure (general)
[s 23]
(c) the P&E Court makes a direction (an ADR direction) 1
that an ADR registrar is to hear and decide a particular 2
P&E Court proceeding. 3
Note-- 4
For costs relating to a proceeding under paragraph (a) or (b), see 5
section 62(4). For costs because of an ADR direction, see section 61(3). 6
23 ADR registrar's powers on Chief Judge's direction 7
The Chief Judge may give directions about the matters and the 8
types of proceedings in which an ADR registrar may exercise 9
the P&E Court's powers for P&E Court proceedings. 10
24 Conduct of proceedings 11
(1) Subject to section 28, the ADR registrar for a P&E Court 12
proceeding may decide how to conduct the proceeding. 13
(2) However, the ADR registrar must give the parties to the 14
proceeding-- 15
(a) notice of the time and place of any hearing; or 16
(b) if the ADR registrar decides the proceeding can be 17
decided on written submissions only--a notice 18
requiring the submissions to be given to the ADR 19
registrar within a stated reasonable period. 20
25 Reference to P&E Court by ADR registrar 21
(1) If an ADR registrar considers it would be more appropriate 22
for the P&E Court to decide a matter in a P&E Court 23
proceeding before the registrar, the registrar may refer the 24
matter to the court. 25
(2) The P&E Court may dispose of the matter or refer it back to 26
the ADR registrar with any direction the court considers 27
appropriate. 28
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Planning and Environment Court Bill 2014
Part 4 Powers and procedure (general)
[s 26]
26 Review by P&E Court 1
(1) The P&E Court may review any decision, direction or act of 2
an ADR registrar (a court review). 3
(2) A party to a P&E Court proceeding for which an ADR 4
registrar is exercising, or has exercised, powers may apply for 5
a court review only within-- 6
(a) 15 business days after the decision, direction or act 7
complained of is made or done; or 8
(b) if the P&E Court is satisfied there are sufficient grounds 9
to allow a longer period--the longer period allowed by 10
the P&E Court. 11
(3) A court review is to be on the material that was before the 12
ADR registrar and any additional material the P&E Court 13
gives leave to consider. 14
Subdivision 3 ADR registrar's powers 15
27 ADR registrar's powers--general 16
(1) In a P&E Court proceeding, an ADR registrar may make an 17
order or give a direction as follows-- 18
(a) if the parties consent in writing; 19
(b) about the conduct of an ADR conference, or at the end 20
of an ADR conference, to ensure the expeditious 21
progress of the proceeding. 22
(2) However, subject to section 22, the order can not be a final 23
judgment or order. 24
28 Provision for exercise of ADR registrar's powers 25
The following apply for the exercise of powers, including the 26
hearing and deciding of a P&E Court proceeding, by the ADR 27
registrar-- 28
(a) the ADR registrar must-- 29
Page 16
Planning and Environment Court Bill 2014
Part 4 Powers and procedure (general)
[s 29]
(i) facilitate the just and expeditious resolution of the 1
issues; and 2
(ii) avoid undue delay, expense and technicality; and 3
(iii) act with as little formality as is consistent with a 4
fair and appropriate consideration of the issues; 5
(b) the provisions of this Act relevant to a P&E Court 6
proceeding apply as if the proceeding were before the 7
P&E Court; 8
(c) the ADR registrar must ensure all parties are afforded 9
natural justice; 10
(d) the ADR registrar may, subject to paragraph (c), prohibit 11
or regulate questioning in the hearing. 12
Division 2 Powers 13
29 Where P&E Court may sit 14
The P&E Court may sit at any place. 15
30 Adjournments 16
The P&E Court may do the following for a P&E Court 17
proceeding-- 18
(a) adjourn it from time to time and place to place; 19
(b) adjourn it to a time, or a time and place, to be fixed. 20
31 Subpoenas 21
(1) The P&E Court may summon a person as a witness and-- 22
(a) require the person to produce in evidence documents in 23
the person's possession or power; and 24
(b) examine the person; and 25
Page 17
Planning and Environment Court Bill 2014
Part 4 Powers and procedure (general)
[s 32]
(c) punish the person for not attending under the summons 1
or for refusing to give evidence or for failing or refusing 2
to produce the documents. 3
(2) Despite subsection (1), a person is not required to give 4
evidence that may tend to incriminate the person. 5
(3) For subsection (1), a P&E Court judge has the same powers as 6
a District Court judge. 7
32 P&E Court may extend period to take an action 8
(1) This section applies if the rules or a relevant enabling Act 9
requires an action relating to a P&E Court proceeding or 10
proposed P&E Court proceeding to be taken within a 11
particular period or before a particular time, even if the period 12
has ended or the time has passed. 13
(2) The P&E Court may allow a longer period or different time to 14
take the action if satisfied there are sufficient grounds for the 15
extension. 16
33 Taking and recording evidence 17
The P&E Court must take evidence on oath, affirmation, 18
affidavit, declaration or in another way the court considers 19
appropriate and must record the evidence. 20
34 Power to state case for Court of Appeal 21
(1) This section applies if-- 22
(a) a question of law arises during a P&E Court proceeding; 23
and 24
(b) the proceeding has not ended; and 25
(c) the P&E Court judge presiding considers it desirable 26
that the Court of Appeal decides the question. 27
(2) The P&E Court judge may state the question in the form of a 28
case stated for the Court of Appeal's opinion. 29
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Planning and Environment Court Bill 2014
Part 4 Powers and procedure (general)
[s 35]
(3) Until the Court of Appeal decides the case stated, the P&E 1
Court can not make a decision to which the question is 2
relevant. 3
(4) The P&E Court can not, in the P&E Court proceeding, 4
proceed in a way, or make a decision, inconsistent with the 5
Court of Appeal's decision on the case stated. 6
35 Terms of orders etc. 7
The P&E Court may make an order, give leave or do anything 8
else it is authorised to do on terms it considers appropriate. 9
36 Contempt and contravention of orders 10
(1) A P&E Court judge has the same power to punish a person for 11
contempt as a District Court judge. 12
(2) The District Court of Queensland Act 1967, section 129 13
applies to the P&E Court in the same way as it applies to the 14
District Court. 15
37 Discretion to deal with noncompliance 16
(1) If the P&E Court finds there has been noncompliance with a 17
provision of this Act or an enabling Act, the court may deal 18
with the matter in the way it considers appropriate. 19
(2) Without limiting subsection (1) and to remove any doubt, it is 20
declared that subsection (1)-- 21
(a) applies for a development approval that has lapsed, or a 22
development application that has lapsed or has not been 23
properly made under the Planning Act; and 24
(b) is not limited to-- 25
(i) circumstances in relation to a current P&E Court 26
proceeding; or 27
(ii) provisions under which there is a positive 28
obligation to take particular action. 29
(3) In this section-- 30
Page 19
Planning and Environment Court Bill 2014
Part 4 Powers and procedure (general)
[s 38]
noncompliance, with a provision, includes-- 1
(a) non-fulfilment of part or all of the terms of the 2
provision; and 3
(b) a partial noncompliance with the provision. 4
provision includes a definition. 5
38 What happens if P&E Court judge or ADR registrar dies 6
or is incapacitated 7
(1) Subsection (2) applies if, after starting to hear a P&E Court 8
proceeding, the P&E Court judge presiding (the first judge) 9
dies or can not continue with the proceeding for any reason, 10
including, for example, absence or illness. 11
(2) Another P&E Court judge may-- 12
(a) after consulting the parties-- 13
(i) order the proceeding be reheard; or 14
(ii) adjourn the proceeding to allow the first judge to 15
continue dealing with the proceeding when able; or 16
(b) with the parties' consent, make an order about-- 17
(i) deciding the proceeding; or 18
(ii) completing the hearing of, and deciding, the 19
proceeding. 20
(3) If, after starting to perform functions for a P&E Court 21
proceeding, an ADR registrar dies or can not continue with 22
the proceeding for any reason, the proceeding is to be dealt 23
with in the way the P&E Court considers appropriate. 24
Division 3 Parties 25
39 Planning Minister 26
(1) This section applies for a declaratory proceeding or Planning 27
Act appeal at any time before it is decided. 28
Page 20
Planning and Environment Court Bill 2014
Part 4 Powers and procedure (general)
[s 40]
(2) If the planning Minister becomes satisfied the proceeding 1
involves a State interest, that Minister-- 2
(a) is entitled to be represented in the proceeding; and 3
(b) may elect to be a party in the proceeding by filing in the 4
P&E Court a notice of election in the approved form. 5
(3) The election may be made at any time before the proceeding 6
is decided. 7
(4) In this section-- 8
planning Minister means the Minister administering the 9
Planning Act, chapter 6, part 2. 10
State interest see the Planning Act, schedule 2. 11
40 Appearance 12
A party to a P&E Court proceeding may appear personally or 13
by lawyer or agent. 14
41 Representative proceedings in particular cases 15
(1) A person (the representative) may start a P&E Court 16
proceeding of the following kind on behalf of someone else 17
(the represented)-- 18
(a) a declaratory proceeding; 19
(b) a proceeding for an enforcement order under the 20
Planning Act. 21
(2) However, the proceeding may be started only if the following 22
consents-- 23
(a) if the represented is a person--the person; 24
(b) if the represented is an unincorporated body--its 25
committee or other controlling or governing body. 26
(3) The represented may contribute to, or pay, the expenses, 27
including legal costs, incurred by the representative in relation 28
to the proceeding. 29
Page 21
Planning and Environment Court Bill 2014
Part 5 Planning Act proceedings
[s 42]
Division 4 Miscellaneous 1
42 P&E Court proceedings open to public 2
A P&E Court proceeding, other than a proceeding ordered by 3
the court to be decided on written submissions only, must be 4
open to the public, unless the rules provide otherwise. 5
43 Nature of appeal in general 6
Subject to any relevant enabling Act, an appeal to the P&E 7
Court is by way of hearing anew. 8
44 Privileges, protection and immunity 9
(1) A person who is 1 of the following in a P&E Court proceeding 10
has the same privileges, protection or immunity as the person 11
would have if the proceeding were in the District Court-- 12
(a) the P&E Court judge presiding over the proceeding; 13
(b) a party to the proceeding; 14
(c) a lawyer or agent appearing in the proceeding; 15
(d) a witness attending in the proceeding. 16
(2) In performing the functions of an ADR registrar, the ADR 17
registrar has the same privileges, protection or immunity as a 18
District Court judge performing a judicial function. 19
Part 5 Planning Act proceedings 20
Note-- 21
The Planning Act provides for matters about starting an appeal. See 22
schedule 1, part 1 of that Act. 23
Page 22
Planning and Environment Court Bill 2014
Part 5 Planning Act proceedings
[s 45]
Division 1 Planning Act appeals 1
45 Who must prove case 2
(1) For a Planning Act appeal about any of the following matters, 3
the appellant must establish the appeal should be upheld-- 4
(a) an application or request under the Planning Act for 5
which the appellant was the applicant or person making 6
the request; 7
(b) a local government's decision, or the conditions applied, 8
under a local law about the use of premises or the 9
erection of a building or other structure under the 10
Planning Act; 11
(c) an infrastructure charges notice, or a notice amending an 12
infrastructure charges notice, under the Planning Act; 13
(d) a decision by a tribunal. 14
(2) For a Planning Act appeal about a development application by 15
a submitter or referral agency (advice only) under the 16
Planning Act, the applicant must establish the appeal should 17
be dismissed. 18
(3) For a Planning Act appeal by the recipient of an enforcement 19
notice under the Planning Act, the enforcement authority that 20
gave the notice must establish the appeal should be dismissed. 21
(4) For a Planning Act appeal by a person dissatisfied with a 22
decision about compensation under the Planning Act, the 23
local government that decided the claim for the compensation 24
must establish the appeal should be dismissed. 25
46 Nature of appeal 26
(1) A Planning Act appeal is by way of hearing anew. 27
(2) However, if the appellant was the applicant or a submitter for 28
a development application the subject of the appeal, 29
subsection (1) applies subject to subsections (3) to (6). 30
Page 23
Planning and Environment Court Bill 2014
Part 5 Planning Act proceedings
[s 47]
(3) The Planning Act, section 40 applies for the P&E Court's 1
decision on the appeal as if-- 2
(a) the P&E Court were the assessment manager for the 3
development application; and 4
(b) the reference in subsection (6) of that section to when 5
the assessment manager decides the application were a 6
reference to when the P&E Court makes the decision. 7
(4) The P&E Court can not consider a change to the development 8
application unless the change is only a minor change under 9
the Planning Act to the application. 10
(5) The P&E Court can not consider a change to the development 11
approval the subject of the development application unless the 12
change is only a minor change under the Planning Act to the 13
approval. 14
(6) The P&E Court is not prevented from considering and making 15
a decision about a ground of appeal (based on a referral 16
agency response under the Planning Act) merely because that 17
Act required the assessment manager to refuse the 18
development application or approve it subject to conditions. 19
(7) If the appeal is against a decision about a superseded scheme 20
development application under the Planning Act, the P&E 21
Court must-- 22
(a) consider the aspect of the appeal relating to the 23
assessment manager's consideration of the superseded 24
scheme in question as if the application had been made 25
under the superseded scheme; and 26
(b) in considering the aspect, disregard the planning scheme 27
in force when the application was made. 28
47 Appeal decision 29
(1) In deciding a Planning Act appeal, the P&E Court must 30
decide to do 1 of the following (the appeal decision) for the 31
decision appealed against-- 32
(a) confirm it; 33
Page 24
Planning and Environment Court Bill 2014
Part 5 Planning Act proceedings
[s 48]
(b) change it; 1
(c) set it aside and-- 2
(i) make a decision replacing it; or 3
(ii) return the matter to the entity that made the 4
decision appealed against with directions the P&E 5
Court considers appropriate. 6
(2) The appeal decision may also include other orders, 7
declarations or directions the P&E Court considers 8
appropriate. 9
(3) The appeal decision (other than one to confirm the decision 10
appealed against or to set it aside and return a matter) is taken, 11
for the Planning Act (other than chapter 6 and schedule 1) to 12
have been made by the entity that made the decision appealed 13
against. 14
Division 2 Evidence in P&E Court proceedings 15
48 Application of division 16
This division applies to the following proceedings-- 17
(a) any Planning Act proceeding; 18
(b) any declaratory proceeding. 19
Note-- 20
Under the Planning Act, section 233, this division also applies to a 21
proceeding relating to the Planning Act in a court other than the P&E 22
Court or in a tribunal and to anyone else acting judicially in relation to a 23
proceeding relating to the Planning Act. 24
49 Appointments and authority 25
It is not necessary to prove either of the following for an 26
enforcement authority CEO-- 27
(a) appointment to that office; 28
(b) authority to do anything under the Planning Act. 29
Page 25
Planning and Environment Court Bill 2014
Part 5 Planning Act proceedings
[s 50]
50 Signatures 1
A signature purporting to be that of an enforcement authority 2
CEO is evidence of the signature it purports to be. 3
51 Instruments, equipment and installations 4
(1) Any prescribed instrument, equipment or installation used by 5
an appropriately qualified person under any prescribed 6
conditions is taken to be accurate and precise in the absence of 7
evidence to the contrary. 8
(2) In this section-- 9
prescribed means prescribed by a regulation under the 10
Planning Act. 11
52 Analyst's certificate or report 12
A certificate or report purporting to be signed by an 13
appropriately qualified person and stating any of the following 14
matters is evidence of the matter-- 15
(a) the person's qualifications; 16
(b) the person took, or received from a stated person, a 17
stated sample; 18
(c) the person analysed the sample on a stated day, or 19
during a stated period, and at a stated place; 20
(d) the results of the analysis. 21
53 Evidence of planning instruments or notices of 22
designation 23
(1) A certified copy of a planning instrument or a designation 24
notice is evidence of the content of the instrument or notice. 25
(2) The P&E Court must take judicial notice of a certified copy of 26
a planning instrument or designation notice. 27
Page 26
Planning and Environment Court Bill 2014
Part 5 Planning Act proceedings
[s 54]
(3) A copy of the gazette or newspaper containing a notice about 1
the making of a planning instrument is evidence of the matters 2
stated in the notice. 3
(4) In this section-- 4
certified copy see the Planning Act, schedule 2. 5
designation notice means a notice under the Planning Act, 6
section 31 of the designation of land for the development of 7
infrastructure. 8
54 Planning instruments presumed to be within power 9
A Minister's or local government's power under the Planning 10
Act to make a planning instrument is to be presumed, unless 11
the issue is raised. 12
55 Evidence of local planning instruments 13
(1) A local government's chief executive officer may certify a 14
document to be a true copy of all or part of any of its local 15
planning instruments in force at a stated time. 16
(2) The certified document is admissible in evidence as if it were 17
the original. 18
56 Effect of planning and development certificates 19
A planning and development certificate under the Planning 20
Act is evidence of the matters the certificate states. 21
57 Evidentiary aids generally 22
(1) A certificate purporting to be signed by an enforcement 23
authority CEO stating any of the following matters is evidence 24
of the matter-- 25
(a) a stated document is-- 26
(i) an appointment or a copy of an appointment; or 27
Page 27
Planning and Environment Court Bill 2014
Part 6 Costs
[s 58]
(ii) a direction or decision, or a copy of a direction or 1
decision, given or made under the Planning Act; or 2
(iii) a notice, order, permit or other document, or a copy 3
of a notice, order, permit or other document, given 4
under the Planning Act; 5
(b) on a stated day, or during a stated period, the benefit of a 6
development permit for stated development was or was 7
not vested in a stated person; 8
(c) on a stated day, or during a stated period, a development 9
permit-- 10
(i) was or was not in effect for a stated person or 11
development; or 12
(ii) was or was not subject to a stated condition; 13
(d) on a stated day, a stated person was given a stated notice 14
or direction under the Planning Act; 15
(e) a stated amount is payable under the Planning Act by a 16
stated person and has not been paid. 17
(2) In this section-- 18
development permit see the Planning Act, section 44(3). 19
Part 6 Costs 20
Division 1 Security for costs 21
58 Security for costs 22
(1) This section applies for any P&E Court proceeding. 23
(2) On application by a respondent, the P&E Court may-- 24
Page 28
Planning and Environment Court Bill 2014
Part 6 Costs
[s 59]
(a) order the proceeding-starter to give security that the 1
P&E Court considers appropriate for the respondent's 2
costs of and incidental to the proceeding; and 3
(b) make an order under the Planning Act, section 69(2)(b), 4
unless and until the security is given. 5
(3) Without limiting the matters to which the P&E Court may 6
have regard in ordering security for costs, it may have regard 7
to the matters mentioned in section 60 to the extent they are 8
relevant. 9
(4) In this section-- 10
proceeding-starter means the party who started the 11
proceeding (whether as an applicant or appellant) regardless 12
of who bears the onus of proof or must prove their case. 13
respondent means a party other than the proceeding-starter or 14
a party joined with the proceeding-starter. 15
Division 2 Costs in P&E Court proceedings 16
59 General costs provision 17
(1) Subject to the following, the costs of a P&E Court proceeding 18
are in the court's discretion-- 19
(a) sections 61 and 62; 20
(b) any relevant enabling Act. 21
(2) Subject to section 62(3), the discretion includes the power to 22
order costs against someone who has an interest in the 23
proceeding but is not a party to the proceeding. 24
(3) The P&E Court may order that the amount of costs awarded 25
must be decided under the appropriate procedure and scale of 26
costs for District Court proceedings. 27
(4) A costs order of the P&E Court may be enforced as if it were 28
an order of the District Court. 29
(5) In this section-- 30
Page 29
Planning and Environment Court Bill 2014
Part 6 Costs
[s 60]
costs-- 1
(a) for a P&E Court proceeding of the following type, 2
includes a party's costs to investigate, or gather evidence 3
for, the proceeding that the P&E Court decides the party 4
reasonably incurred-- 5
(i) a declaratory proceeding about the lawfulness of 6
land use or development under the Planning Act, 7
including any order under section 11(4); 8
(ii) an appeal against the giving of an enforcement 9
notice under the Planning Act (an enforcement 10
notice appeal); 11
(iii) a proceeding for an enforcement order or interim 12
enforcement order under the Planning Act; and 13
(b) for an enforcement notice appeal, also includes costs 14
relating to investigations or gathering of evidence for the 15
giving of the relevant enforcement notice. 16
proceeding includes a part of a proceeding and an application 17
in a proceeding. 18
60 Specific criteria for making costs order 19
Without limiting the matters to which the P&E Court may 20
have regard in making a costs order in a P&E Court 21
proceeding, it may have regard to any or all of the following-- 22
(a) the relative success of the parties; 23
(b) the parties' commercial interests; 24
(c) whether a party commenced or participated in the 25
proceeding for an improper purpose or without 26
reasonable prospects of success; 27
(d) for merit assessment of development under the Planning 28
Act--whether matters to which regard was had, or the 29
assessment was against, were relevant; 30
Note-- 31
See the Planning Act, section 40. 32
Page 30
Planning and Environment Court Bill 2014
Part 6 Costs
[s 60]
(e) for an appeal where, under section 46(4), the P&E court 1
can consider a change to a development application-- 2
(i) the circumstances relating to making the change; 3
and 4
(ii) its effect on the proceeding; 5
(f) whether the proceeding involved an issue that affects, or 6
may affect, a matter of public interest, in addition to any 7
personal right or interest of a party; 8
(g) whether a party has acted unreasonably-- 9
(i) leading up to the proceeding; or 10
Example-- 11
A Planning Act appeal is against a decision on a 12
development application. An information request under 13
that Act was made of the applicant. The applicant may 14
have acted unreasonably by not, in responding to the 15
request, giving all of the information reasonably required 16
before the decision was made. 17
(ii) in conducting the proceeding; 18
Examples-- 19
· not giving another party reasonable notice of intention 20
to apply for an adjournment 21
· a party's conduct causing an adjournment 22
(h) whether a party has incurred costs only because another 23
party has done either or both of the following-- 24
(i) introduced, or sought to introduce, new material; 25
(ii) contravened all or part of-- 26
(A) a provision of an enabling Act relating to an 27
issue in the proceeding; or 28
(B) the procedural requirements under the rules 29
or an order or direction under section 14; 30
(i) whether a party should have taken a more active part in a 31
proceeding and did not do so. 32
Page 31
Planning and Environment Court Bill 2014
Part 6 Costs
[s 61]
Example for paragraph (i)-- 1
a party does not adduce sufficient evidence for any or all 2
grounds relied on by the party and the P&E Court considers the 3
party could or ought to have done so 4
61 Provision for participation in ADR process 5
(1) This section applies if the parties to a P&E Court proceeding 6
participate in an ADR process under this Act. 7
Note-- 8
Under section 80, particular provisions of the repealed Sustainable 9
Planning Act 2009 continue in effect as if they were part of the rules. 10
(2) Unless the P&E Court otherwise orders, the parties must bear 11
their own costs of the proceeding if-- 12
(a) the participation was early in the proceeding; and 13
(b) the proceeding is resolved during the ADR process or 14
soon after it was finalised. 15
(3) Otherwise, the costs of the proceeding include the costs of the 16
ADR process. 17
62 Costs provisions for particular proceedings 18
(1) The costs of a Planning Act proceeding for an enforcement 19
order or an interim enforcement order follow the event, unless 20
the P&E Court otherwise orders. 21
(2) If the P&E Court declares that an owner wrongly sought the 22
cancellation of a development approval in contravention of 23
the owner's consent requirement under the Planning Act, it 24
must award costs against the owner. 25
(3) If the P&E Court allows an assessment manager to withdraw 26
from an appeal, it can not award costs against the assessment 27
manager. 28
(4) If, under section 22, an ADR registrar hears and decides a 29
P&E Court proceeding, the parties must bear their own costs 30
of the proceeding. 31
Page 32
Planning and Environment Court Bill 2014
Part 7 Appeals to Court of Appeal
[s 63]
Part 7 Appeals to Court of Appeal 1
63 Who may appeal 2
(1) A party to a P&E Court proceeding may appeal a decision in 3
the proceeding, but only on the ground of error or mistake in 4
law or jurisdictional error. 5
(2) However, the appeal may be made only with the leave of the 6
Court of Appeal. 7
(3) Power to grant leave may be exercised by a single judge of 8
appeal. 9
64 When leave to appeal must be sought and appeal made 10
(1) A party intending to seek the Court of Appeal's leave to 11
appeal against a P&E Court decision must apply for the leave 12
within 30 business days after receiving the decision. 13
(2) A notice of appeal must be served and filed within 30 business 14
days after any grant of the leave unless the Court orders 15
otherwise. 16
65 Court of Appeal's powers 17
The Court of Appeal may do 1 or more of the following-- 18
(a) return the matter to the P&E Court to decide in 19
accordance with the appeal decision; 20
(b) affirm, amend, or revoke the decision appealed against 21
and substitute another order or decision for the decision; 22
(c) make an order it considers appropriate. 23
Note-- 24
See also the Planning Act, section 69. 25
Page 33
Planning and Environment Court Bill 2014
Part 8 Registry and officers
[s 66]
Part 8 Registry and officers 1
66 Registrars and other officers 2
(1) The P&E Court's principal registrar is the principal registrar 3
appointed for the District Court. 4
(2) The P&E Court's registrars are the registrars appointed for the 5
District Court. 6
(3) The P&E Court's other officers are the other officers 7
appointed for the District Court. 8
67 ADR registrar 9
The P&E Court's principal registrar may, after consulting the 10
Chief Judge, appoint a registrar or other officer of the P&E 11
Court as an ADR registrar of the court. 12
68 Registries 13
(1) Each District Court registry is a registry of the P&E Court. 14
(2) The registry of the P&E Court at Brisbane is the P&E Court's 15
principal registry. 16
(3) The P&E Court's registries are under the P&E Court's 17
principal registrar's control. 18
(4) The principal registrar may give directions in connection with 19
the P&E Court and P&E Court proceedings to the P&E 20
Court's registrars and other officers employed in the registries. 21
69 P&E Court records 22
(1) The P&E Court's principal registrar must keep records of 23
P&E Court decisions and perform the other functions the 24
court directs. 25
(2) The P&E Court's records held at a place must be kept in the 26
custody of the P&E Court's principal registrar. 27
Page 34
Planning and Environment Court Bill 2014
Part 9 Miscellaneous
[s 70]
Part 9 Miscellaneous 1
70 Annual report 2
(1) As soon as practicable but no later than 4 months after the end 3
of each financial year, the Chief Judge must prepare and give 4
to the Minister a written report about the operation of the P&E 5
Court during the financial year. 6
(2) The Minister must table a copy of the report in the Legislative 7
Assembly within 14 sitting days after receiving the report. 8
(3) The Chief Judge may combine the report with the District 9
Court report for the same financial year in the 1 report. 10
(4) In this section-- 11
District Court report means the report prepared under the 12
District Court of Queensland Act 1967, section 130A, for a 13
financial year. 14
71 Judicial notice 15
All courts and persons acting judicially must take judicial 16
notice of the appointment and signature of persons holding 17
office under this Act. 18
72 Approval of forms 19
The Chief Judge and another P&E Court judge may approve 20
forms for use under this Act. 21
73 Regulation-making power 22
(1) The Governor in Council may make regulations under this 23
Act. 24
(2) A regulation may impose a penalty of no more than 20 penalty 25
units for a contravention of a regulation. 26
Page 35
Planning and Environment Court Bill 2014
Part 10 Savings and transitional provisions
[s 74]
Part 10 Savings and transitional 1
provisions 2
Note-- 3
For other transitional provisions concerning the P&E Court, see the 4
Planning Act, chapter 8, part 1. 5
74 Definitions for part 6
In this part-- 7
commencement means the day section 4 commences. 8
court means the Planning and Environment Court continued 9
under repealed SPA, immediately before the commencement. 10
repealed SPA means the repealed Sustainable Planning Act 11
2009. 12
75 Continuance of existing judgeships 13
On the commencement, a judge of the court becomes a P&E 14
Court judge for the rest of the judge's unexpired term of office 15
as a judge of the court. 16
76 Existing proceedings and proceeding rights 17
(1) This section applies to a person who was entitled to start 18
proceedings, or had started proceedings, under repealed SPA 19
for a matter under an enabling Act. 20
(2) If proceedings had not been started before repealed SPA was 21
repealed, proceedings may be brought only under this Act. 22
(3) For proceedings that were started in the court before repealed 23
SPA was repealed-- 24
(a) repealed SPA continues to apply to the proceedings; and 25
(b) this Act applies to any appeal in relation to the 26
proceedings. 27
Page 36
Planning and Environment Court Bill 2014
Part 10 Savings and transitional provisions
[s 77]
(4) For applying repealed SPA, a reference to the court is taken to 1
be a reference to the P&E Court. 2
(5) Also, to remove any doubt, it is declared that repealed SPA, 3
section 440-- 4
(a) applies also for a development approval that has lapsed; 5
and 6
(b) is not limited to-- 7
(i) circumstances in relation to a court proceeding 8
under repealed SPA or a current P&E Court 9
proceeding; or 10
(ii) provisions under which there is a positive 11
obligation to take particular action; and 12
(c) applies as if a reference to a provision not being 13
complied with, or not being fully complied with, is 14
taken to include-- 15
(i) non-fulfilment of part or all of the provision; and 16
(ii) a partial noncompliance with the provision. 17
(6) In this section-- 18
provision includes a definition. 19
77 Continuance of existing orders and directions 20
(1) An order of the court in force immediately before the 21
commencement continues in effect as an order of the P&E 22
Court. 23
(2) The order may be discharged or amended under this Act by 24
the P&E Court. 25
(3) A direction (a practice direction) issued by the Chief Judge of 26
the District Court under repealed SPA, section 446(2), and in 27
force immediately before the commencement continues in 28
force as if it were made under section 14(2). 29
(4) A practice direction must be read with the changes necessary 30
to make it consistent with, and adapt its operation to, all 31
enabling Acts. 32
Page 37
Planning and Environment Court Bill 2014
Part 10 Savings and transitional provisions
[s 78]
(5) Subsections (3) and (4) do not prevent further directions from 1
amending or repealing a practice direction. 2
78 Existing references to court 3
In another Act or document, a reference to the court is taken 4
to be a reference to the P&E Court. 5
79 Existing rules migrate to this Act 6
(1) The Planning and Environment Court Rules 2010 (the 2010 7
rules) are taken to be the rules under this Act until this section 8
expires. 9
(2) The 2010 rules must be read with the changes necessary to 10
make them consistent with, and adapt their operation to, all 11
enabling Acts. 12
Example-- 13
A reference to a provision (the repealed provision) of chapter 7 of 14
repealed SPA must be read as a reference to any provision of this Act or 15
of the Planning Act that corresponds, or substantially corresponds, to 16
the repealed provision. 17
(3) This section does not prevent further rules from amending or 18
repealing the 2010 rules. 19
(4) This section expires on the earlier of the following-- 20
(a) 6 months after the commencement; 21
(b) if, during the 6 months, a provision of the rules repeals 22
all of the 2010 rules that were taken to be the rules under 23
this Act--when the provision commences. 24
80 Migration of particular repealed SPA provisions about the 25
P&E Court to the rules 26
(1) Despite their repeal, repealed SPA, sections 456(8) and 459 27
(the SPA provisions) continue in effect until this section 28
expires for any matter not provided for under the rules as if 29
they formed part of the rules. 30
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Planning and Environment Court Bill 2014
Part 10 Savings and transitional provisions
[s 80]
(2) The SPA provisions must be read with the changes necessary 1
to make them consistent with, and adapt their operation to-- 2
(a) this Act; and 3
(b) the rules (whether they provide for the matter in the 4
same way as, or a different way from, the SPA 5
provisions); and 6
(c) the Planning Act, chapter 6. 7
(3) The rules may amend or repeal the effect of either or both of 8
the SPA provisions under this section. 9
(4) This section expires on the earlier of the following-- 10
(a) 6 months after the commencement; 11
(b) the repeal, under subsection (3), of the effect of both of 12
the SPA provisions. 13
Page 39
Planning and Environment Court Bill 2014
Schedule 1
Schedule 1 Dictionary 1
section 3 2
ADR conference means a mediation or a chaired meeting of 3
experts, a case management conference or without prejudice 4
conference convened under the rules. 5
ADR direction see section 22(c). 6
ADR process see section 16(1). 7
ADR registrar means a person holding appointment under 8
section 67 as an ADR registrar of the P&E Court. 9
appeal decision see section 47(1). 10
approved form means a form approved under section 72. 11
assessment manager see the Planning Act, section 43. 12
business day does not include a day between 26 December of 13
a year and 1 January of the following year. 14
change application see the Planning Act, section 75(1). 15
Chief Judge means the Chief Judge of the District Court. 16
declaratory proceeding see sections 11(1) and 12(2). 17
development application see the Planning Act, schedule 2. 18
development approval see the Planning Act, section 44(1). 19
enabling Act, for a provision about the P&E Court, see 20
section 7(1). 21
enforcement authority see the Planning Act, schedule 2. 22
enforcement authority CEO means the chief executive or the 23
chief executive officer, however called, of an enforcement 24
authority. 25
minor change see the Planning Act, schedule 2. 26
P&E Court see section 4. 27
P&E Court judge see section 5(2). 28
Page 40
Planning and Environment Court Bill 2014
Schedule 1
P&E Court proceeding means a proceeding before the P&E 1
Court. 2
P&E Court's principal registrar means the P&E Court's 3
principal registrar under section 66(1). 4
party, for a provision about a P&E Court proceeding, means 5
any or all of the following for the proceeding-- 6
(a) the applicant or appellant; 7
(b) the respondent; 8
(c) any co-respondent; 9
(d) if the Minister is represented, or elects to be a 10
party--the Minister. 11
Planning Act means the Planning and Development Act 2014. 12
Planning Act appeal means an appeal to the P&E Court for 13
which the Planning Act is the enabling Act. 14
Note-- 15
For the appeal right, see the Planning Act, schedule 1, part 1. 16
Planning Act proceeding means-- 17
(a) a P&E Court proceeding for which the Planning Act is 18
the enabling Act, including a Planning Act appeal; or 19
(b) a declaratory proceeding relating to the Planning Act; or 20
(c) a proceeding for an enforcement order under the 21
Planning Act. 22
planning instrument means a State planning instrument or a 23
local planning instrument under the Planning Act. 24
relevant enabling Act, for provision about a P&E Court 25
proceeding, means the enabling Act that confers jurisdiction 26
for the proceeding on the P&E Court. 27
rules means the rules of the P&E Court made under section 28
13(1). 29
tribunal means a development tribunal under the Planning 30
Act. 31
Page 41
Planning and Environment Court Bill 2014
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 42
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