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Queensland
Queensland Reconstruction
Authority Bill 2011
Queensland
Queensland Reconstruction Authority Bill
2011
Contents
Page
Part 1 Preliminary
Division 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Main purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 How main purpose is primarily achieved . . . . . . . . . . . . . . . . . . . 10
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2 Interpretation
5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Meaning of disaster event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 2 Queensland Reconstruction Authority
Division 1 Establishment
7 Establishment of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Authority represents the State . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Functions and powers
10 Authority's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Authority's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 Ministerial direction or notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 3 Membership of the authority
13 Membership of authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 4 Staff of the authority
Subdivision 1 Chief executive officer
14 Chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Restriction on appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Chief executive officer employed under this Act . . . . . . . . . . . . . . 15
17 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Queensland Reconstruction Authority Bill 2011
Contents
18 Functions and powers of chief executive officer . . . . . . . . . . . . . . 16
19 Chief executive officer not to engage in other paid employment . 16
20 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Vacancy in office of chief executive officer . . . . . . . . . . . . . . . . . . 17
22 Preservation of rights of chief executive officer . . . . . . . . . . . . . . 17
23 Acting chief executive officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Subdivision 2 Appointment of persons to help chief executive officer
24 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Preservation of rights of persons appointed under s 24. . . . . . . . 19
Subdivision 3 Other staff
26 Authority staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Alternative staffing arrangements. . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 3 Queensland Reconstruction Board
Division 1 The board
Subdivision 1 Establishment and functions
28 The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
29 Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Subdivision 2 Members
30 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
31 Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
32 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
33 Vacancy in office of member . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 3 Chairperson
34 Role of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 4 Proceedings of the board
35 Time and place of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
36 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
37 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
38 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
39 Minutes and other records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Subdivision 5 Disclosure of conflict of interests and reporting
requirements
40 Disclosure of conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . 24
41 Reporting by the board and chairperson . . . . . . . . . . . . . . . . . . . 25
Page 2
Queensland Reconstruction Authority Bill 2011
Contents
Part 4 Declarations about declared projects, reconstruction areas
and critical infrastructure projects
Division 1 Declarations
42 Declaration of declared project. . . . . . . . . . . . . . . . . . . . . . . . . . . 26
43 Declaration of reconstruction area . . . . . . . . . . . . . . . . . . . . . . . . 26
44 Notice about declaration of acquisition land . . . . . . . . . . . . . . . . . 28
45 Declaration of critical infrastructure project . . . . . . . . . . . . . . . . . 28
Division 2 Relationship with particular Acts about local government
46 Relationship with the City of Brisbane Act 2010 or the Local
Government Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 5 Particular powers for declared projects and development in
reconstruction areas
Division 1 Preliminary
47 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
48 Application of laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 2 Notices about declared projects and development in
reconstruction areas
Subdivision 1 Progression notice
49 Progression notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Subdivision 2 Notice to decide
50 Notice to decide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Subdivision 3 Step-in notice
51 Step-in notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
52 When step-in notice may be given . . . . . . . . . . . . . . . . . . . . . . . . 35
53 Providing assistance or recommendations. . . . . . . . . . . . . . . . . . 36
54 Effects of step-in notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
55 Authority's decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
56 Effects of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
57 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
58 Report about decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 3 Other matters
59 Recovering cost of advice or services . . . . . . . . . . . . . . . . . . . . . 41
60 No requirement to consult on particular actions . . . . . . . . . . . . . . 41
61 Application of Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . . 41
Part 6 Development schemes
Division 1 Making development schemes
62 Authority may make development scheme . . . . . . . . . . . . . . . . . . 42
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Queensland Reconstruction Authority Bill 2011
Contents
63 Content of development scheme . . . . . . . . . . . . . . . . . . . . . . . . . 42
64 Development scheme may make provision for particular
assessable development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
65 Preparation of proposed development scheme . . . . . . . . . . . . . . 44
66 Public notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
67 Submissions on proposed scheme . . . . . . . . . . . . . . . . . . . . . . . 45
68 Consideration of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
69 Amendment of proposed scheme . . . . . . . . . . . . . . . . . . . . . . . . 45
70 Initial making and submission of scheme. . . . . . . . . . . . . . . . . . . 46
71 Notice of submitted scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
72 Ministerial power to amend submitted scheme at affected
owner's request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
73 Direction to authority to engage again in public notification and
submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
74 When proposed scheme takes effect . . . . . . . . . . . . . . . . . . . . . . 47
75 Notice of development scheme . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 2 Amendment, tabling and inspection of development
schemes
76 Authority may amend development scheme. . . . . . . . . . . . . . . . . 48
77 Tabling and inspection requirement . . . . . . . . . . . . . . . . . . . . . . . 48
Division 3 Effect of development scheme on other instruments
78 Relationship with other instruments . . . . . . . . . . . . . . . . . . . . . . . 49
Division 4 Relationship with Sustainable Planning Act
Subdivision 1 Preliminary
79 Application of sdivs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Subdivision 2 Assessing development applications
80 Referral agency's assessment of development application . . . . . 50
81 Assessment manager's assessment of development application 50
Subdivision 3 Deciding development applications
82 Decision generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
83 Restriction on granting development approval . . . . . . . . . . . . . . . 51
Subdivision 4 Compliance stage under IDAS
84 Application of compliance stage. . . . . . . . . . . . . . . . . . . . . . . . . . 51
85 Nominating a document or work for compliance assessment . . . 51
86 Condition of development approval or compliance permit about
compliance assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
87 Assessment of request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
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Queensland Reconstruction Authority Bill 2011
Contents
88 Making request for compliance assessment . . . . . . . . . . . . . . . . 52
Subdivision 5 Existing uses
89 Lawful use of premises protected. . . . . . . . . . . . . . . . . . . . . . . . . 52
90 Lawfully constructed buildings and work protected . . . . . . . . . . . 53
91 New instruments can not affect existing development approval or
compliance permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
92 Minister's power to amend development approval or compliance
permit .......................................... 54
Subdivision 6 Community infrastructure designations
93 Community infrastructure designations . . . . . . . . . . . . . . . . . . . . 55
94 How IDAS applies to land under community infrastructure
designation ...................................... 56
Subdivision 7 Miscellaneous provision
95 Planning and Environment Court may make declarations . . . . . . 56
Part 7 Undertaking works, taking land, dealing with roads and
application of particular laws
Division 1 Provisions about undertaking works
96 Direction for authority to undertake works . . . . . . . . . . . . . . . . . . 57
97 Application of State Development Act for transfer of authorised
works .......................................... 57
98 Application of State Development Act for works on foreshore or
under waters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 2 Provisions about taking land and entry to land
99 Authority's power to take land. . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
100 When authority or local government must take land . . . . . . . . . . 59
101 Authority's power to take public utility easement . . . . . . . . . . . . . 60
102 Vesting of land taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
103 Power to use, lease or dispose of land. . . . . . . . . . . . . . . . . . . . . 61
104 Application of other provisions of the State Development Act
about the taking of land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
105 Application of provisions of the State Development Act about
entry to land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 3 Dealing with roads
106 Roads and road closures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
107 Power to vest land in permanently closed road or unallocated
State land in reconstruction areas . . . . . . . . . . . . . . . . . . . . . . . . 64
108 Giving information about roads to relevant local government. . . . 64
Division 4 Application of other laws
109 Application of State Development Act, pt 7 . . . . . . . . . . . . . . . . . 65
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Queensland Reconstruction Authority Bill 2011
Contents
110 Application of Sustainable Planning Act . . . . . . . . . . . . . . . . . . . . 65
Part 8 Direction to take action about local planning instruments
111 Procedures before exercising particular power . . . . . . . . . . . . . . 65
112 Power of Minister to direct local government to take particular
action about local planning instrument . . . . . . . . . . . . . . . . . . . . . 66
113 Power of Minister if local government does not comply with
direction ...................................... 67
114 Minister to give notice of direction . . . . . . . . . . . . . . . . . . . . . . . . 67
Part 9 General offence provisions and legal proceedings
Division 1 Offences
115 Duty to act honestly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
116 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
117 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 69
118 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 69
119 Obstructing authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
Division 2 Legal proceedings
Subdivision 1 Evidence
120 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
121 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
122 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
123 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Subdivision 2 Offence proceedings
124 Summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
125 Limitation on time for starting proceeding for summary offence. . 71
Part 10 Miscellaneous provisions
Division 1 Duty to cooperate and requesting information
126 Extension of duty to cooperate under State Development Act,
s 13 ......................................... 71
127 Information requirement made by authority--general . . . . . . . . . 72
128 Information requirement made by authority--prescribed
decisions .................................... 73
129 Giving of information protected . . . . . . . . . . . . . . . . . . . . . . . . . . 73
130 Interaction with other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 2 Dealing with land held by authority on expiry of Act
131 Vesting of land in Coordinator-General . . . . . . . . . . . . . . . . . . . . 74
Division 3 Other miscellaneous provisions
132 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
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Queensland Reconstruction Authority Bill 2011
Contents
133 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . 75
134 Ministerial access to information . . . . . . . . . . . . . . . . . . . . . . . . . 75
135 Authority's guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
136 Application of provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
137 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
138 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Part 11 Expiry of Act
139 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Part 12 Amendment of Acts
Division 1 Amendment of this Act
140 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
141 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 2 Amendment of Building Act 1975
142 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
143 Amendment of s 231B (What is a regulated pool) . . . . . . . . . . . . 77
144 Replacement of s 245J (Application of div 6) . . . . . . . . . . . . . . . . 78
245J Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
145 Amendment of s 245M (Application for approval) . . . . . . . . . . . . 78
146 Insertion of new ch 11, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Part 11 Transitional and validation provisions for
Queensland Reconstruction Authority Act
2011
301 Definition for pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
302 Modified application of ch 8 provisions. . . . . . . . . . . . 79
303 Offence about entering into accommodation
agreement ........................... 80
304 Additional role of relevant building surveying
technician ........................... 81
305 Validation of relevant building surveying technician
function ................................ 81
147 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 3 Amendment of Disaster Management Act 2003
148 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
149 Insertion of new s 20B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
20B Chairperson may give notice about deemed
approvals under Sustainable Planning Act. . . . . . . . . 82
150 Amendment of s 67 (Extending disaster situation) . . . . . . . . . . . . 83
151 Amendment of s 72 (Extending disaster situation) . . . . . . . . . . . . 84
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Queensland Reconstruction Authority Bill 2011
Contents
Division 4 Amendment of Integrity Act 2009
152 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
153 Amendment of sch 1 (Statutory office holders for section 72C) . . 84
Division 5 Amendment of Land Valuation Act 2010
154 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
155 Amendment of s 76 (Unprotected valuation roll information to be
available for inspection) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
156 Amendment of s 79 (Valuation notice to owner). . . . . . . . . . . . . . 85
157 Amendment of s 203 (Supplying copies of valuation roll). . . . . . . 85
Division 6 Amendment of Public Service Act 2008
158 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
159 Amendment of sch 1 (Public service offices and their heads) . . . 86
Division 7 Amendment of State Development and Public Works
Organisation Act 1971
160 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
161 Insertion of new pt 9, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Division 4 Transitional provisions for expiry of
Queensland Reconstruction Authority Act
2011
183 Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
184 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
185 Requirement for Coordinator-General to advise
registrar of titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
186 Dealing with acquisition land . . . . . . . . . . . . . . . . . . . 87
187 Transitional regulation-making power . . . . . . . . . . . . . 88
Schedule Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Page 8
2011
A Bill
for
An Act to establish the Queensland Reconstruction Authority
and provide for other measures to assist with the rebuilding
and recovery of Queensland communities affected by disaster
events, and to amend this Act, the Building Act 1975, the
Disaster Management Act 2003, the Integrity Act 2009, the Land
Valuation Act 2010, the Public Service Act 2008 and the State
Development and Public Works Organisation Act 1971 for
particular purposes
Queensland Reconstruction Authority Bill 2011
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Division 1 Introduction 3
1 Short title 4
This Act may be cited as the Queensland Reconstruction 5
Authority Act 2011. 6
2 Main purpose of Act 7
The main purpose of this Act is to provide for appropriate 8
measures to ensure Queensland and its communities 9
effectively and efficiently recover from the impacts of disaster 10
events. 11
3 How main purpose is primarily achieved 12
The main purpose is to be achieved primarily by-- 13
(a) establishing the Queensland Reconstruction Authority 14
to coordinate and manage the rebuilding and recovery of 15
affected communities, including the repair and 16
rebuilding of community infrastructure and other 17
property; and 18
(b) establishing the Queensland Reconstruction Board to 19
oversee the operations of the authority; and 20
(c) providing for the following to facilitate flood mitigation 21
for affected communities, or the protection, rebuilding 22
and recovery of affected communities-- 23
(i) the declaration of declared projects and 24
reconstruction areas; 25
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Queensland Reconstruction Authority Bill 2011
Part 1 Preliminary
[s 4]
(ii) the making of development schemes for declared 1
projects and reconstruction areas. 2
4 Act binds all persons 3
(1) This Act binds all persons, including the State and, to the 4
extent the legislative power of the Parliament permits, the 5
Commonwealth and the other States. 6
(2) Nothing in this Act makes the State liable to be prosecuted for 7
an offence. 8
Division 2 Interpretation 9
5 Definitions 10
The dictionary in the schedule defines particular words used 11
in this Act. 12
6 Meaning of disaster event 13
Disaster event means any of the following-- 14
(a) the floods caused by heavy rains in December 2010 and 15
January 2011; 16
(b) severe tropical cyclone Yasi; 17
(c) another disaster, within the meaning of the Disaster 18
Management Act 2003, prescribed under a regulation. 19
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Queensland Reconstruction Authority Bill 2011
Part 2 Queensland Reconstruction Authority
[s 7]
Part 2 Queensland Reconstruction 1
Authority 2
Division 1 Establishment 3
7 Establishment of authority 4
The Queensland Reconstruction Authority is established. 5
8 Authority represents the State 6
(1) The authority represents the State. 7
(2) Without limiting subsection (1), the authority has the status, 8
privileges and immunities of the State. 9
9 Application of other Acts 10
(1) The authority is-- 11
(a) a unit of public administration under the Crime and 12
Misconduct Act 2001; and 13
(b) a statutory body under the Financial Accountability Act 14
2009 and the Statutory Bodies Financial Arrangements 15
Act 1982. 16
(2) The Statutory Bodies Financial Arrangements Act 1982, part 17
2B explains how that Act affects the authority's powers. 18
Division 2 Functions and powers 19
10 Authority's functions 20
(1) The main functions of the authority are as follows-- 21
(a) to decide priorities for community infrastructure and 22
community services needed for the protection, 23
rebuilding and recovery of affected communities; 24
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Queensland Reconstruction Authority Bill 2011
Part 2 Queensland Reconstruction Authority
[s 10]
(b) to work closely with affected communities to ensure 1
each community's needs are recognised in the 2
rebuilding and recovery of the communities; 3
(c) to collect and collate information about community 4
infrastructure and other property, and community 5
services, damaged or otherwise affected in a disaster 6
event; 7
(d) to develop an arrangement for sharing data across all 8
levels of government to ensure effective and efficient 9
exchange of information to facilitate flood mitigation 10
for affected communities, or the protection, rebuilding 11
and recovery of affected communities; 12
(e) to coordinate and distribute financial assistance for 13
affected communities; 14
(f) to put into effect the strategic priorities of the board; 15
(g) to facilitate flood mitigation for affected communities 16
and to ensure the protection, rebuilding and recovery of 17
affected communities is-- 18
(i) effectively and efficiently carried out; and 19
(ii) appropriate, having regard to the nature of the 20
disaster event; 21
(h) if asked by the Minister, to give the Minister advice 22
about putting into effect the recommendations of the 23
commission of inquiry issued by the Governor in 24
Council under the Commissions of Inquiry Order (No. 1) 25
2011, particularly any recommendations about flood 26
mitigation or land use planning. 27
Editor's note-- 28
The Commissions of Inquiry Order (No. 1) 2011 was published 29
in an extraordinary gazette of 17 January 2011 at pages 77 to 79. 30
(2) The authority's functions also include any other function 31
given to the authority under this Act or another Act. 32
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Queensland Reconstruction Authority Bill 2011
Part 2 Queensland Reconstruction Authority
[s 11]
11 Authority's powers 1
(1) Subject to any Ministerial direction or notice under section 12, 2
the authority has all the powers of an individual, and may, for 3
example-- 4
(a) enter into contracts; and 5
(b) acquire, hold, deal with and dispose of property; and 6
(c) appoint agents and attorneys; and 7
(d) engage consultants; and 8
(e) do anything else necessary or convenient to be done in 9
the performance of its functions. 10
(2) Without limiting subsection (1), the authority has the powers 11
given to it under this Act or another Act. 12
12 Ministerial direction or notice 13
(1) The Minister may give the authority a written direction about 14
the performance of its functions or the exercise of its powers, 15
or notice of a public sector policy, if the Minister is satisfied it 16
is necessary to give the direction or notice in the public 17
interest. 18
(2) The authority must ensure the direction or policy is complied 19
with. 20
(3) The authority-- 21
(a) must include in its annual report, prepared under the 22
Financial Accountability Act 2009, section 63, details of 23
any direction or notice given by the Minister under 24
subsection (1) during the financial year to which the 25
report relates; and 26
(b) may include in the report a comment about the effect on 27
the authority's activities of complying with the direction 28
or notice. 29
Page 14
Queensland Reconstruction Authority Bill 2011
Part 2 Queensland Reconstruction Authority
[s 13]
Division 3 Membership of the authority 1
13 Membership of authority 2
The authority consists of-- 3
(a) the chief executive officer; and 4
(b) the other staff of the authority. 5
Division 4 Staff of the authority 6
Subdivision 1 Chief executive officer 7
14 Chief executive officer 8
(1) The authority must have a chief executive officer. 9
(2) The chief executive officer is appointed by the Governor in 10
Council. 11
15 Restriction on appointment 12
A member of the board must not be appointed as chief 13
executive officer. 14
16 Chief executive officer employed under this Act 15
The chief executive officer is employed under this Act and not 16
under the Public Service Act 2008. 17
17 Term of office 18
(1) Subject to this subdivision, the chief executive officer holds 19
office for the term stated in the officer's instrument of 20
appointment. 21
(2) The term of office can be no longer than a period ending on 22
the expiry of this Act. 23
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Queensland Reconstruction Authority Bill 2011
Part 2 Queensland Reconstruction Authority
[s 18]
18 Functions and powers of chief executive officer 1
(1) The main functions of the chief executive officer are as 2
follows-- 3
(a) to ensure the authority performs its functions effectively 4
and efficiently; 5
(b) to undertake or commission investigations, prepare 6
plans or take steps the Minister directs, or the chief 7
executive officer considers necessary or desirable, to 8
ensure proper planning, preparation, coordination and 9
control of development for the protection, rebuilding 10
and recovery of affected communities; 11
(c) to make recommendations to the Minister about any 12
matter that-- 13
(i) relates to the performance or exercise of the chief 14
executive officer's or authority's functions or 15
powers; and 16
(ii) may help the Minister in the proper administration 17
of this Act. 18
(2) The chief executive officer's functions also include any other 19
function given to the chief executive officer under this Act or 20
another Act. 21
(3) The chief executive officer may exercise the powers of the 22
authority and any other powers given to the chief executive 23
officer under this Act or another Act. 24
19 Chief executive officer not to engage in other paid 25
employment 26
The chief executive officer must not, without the approval of 27
the board-- 28
(a) engage in paid employment outside the duties of the 29
office of chief executive officer; or 30
(b) actively take part in the activities of a business, or in the 31
management of a corporation carrying on business. 32
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Queensland Reconstruction Authority Bill 2011
Part 2 Queensland Reconstruction Authority
[s 20]
20 Conditions of appointment 1
(1) The chief executive officer is to be paid the remuneration and 2
allowances decided by the Governor in Council. 3
(2) The chief executive officer holds office on the terms and 4
conditions, not provided by this Act, that are decided by the 5
Governor in Council. 6
21 Vacancy in office of chief executive officer 7
(1) The office of the chief executive officer becomes vacant if the 8
chief executive officer-- 9
(a) completes a term of office; or 10
(b) resigns office by signed notice given to the Minister; or 11
(c) is removed from office by the Governor in Council 12
under subsection (2); or 13
(d) is convicted of an indictable offence or an offence 14
against this Act; or 15
(e) is a person who is an insolvent under administration 16
under the Corporations Act, section 9. 17
(2) The Governor in Council may at any time remove the chief 18
executive officer from office for any reason or none. 19
22 Preservation of rights of chief executive officer 20
(1) This section applies if an officer of the public service is 21
appointed as the chief executive officer. 22
(2) The person keeps all rights accrued or accruing to the person 23
as an officer of the public service as if service as the chief 24
executive officer were a continuation of service as a public 25
service officer. 26
(3) At the end of the person's term of office or resignation as the 27
chief executive officer-- 28
(a) the person has the right to be appointed to an office in 29
the public service on the same terms and conditions that 30
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Queensland Reconstruction Authority Bill 2011
Part 2 Queensland Reconstruction Authority
[s 23]
applied to the person before being appointed as the chief 1
executive officer; and 2
(b) the person's service as the chief executive officer is 3
taken to be service of a like nature in the public service 4
for deciding the person's rights as an officer of the 5
public service. 6
23 Acting chief executive officer 7
The Governor in Council may appoint a person, other than a 8
member of the board, to act in the office of chief executive 9
officer during-- 10
(a) any vacancy, or all vacancies, in the office; or 11
(b) any period, or all periods, when the chief executive 12
officer is absent from duty, or can not, for another 13
reason, perform the functions of the office. 14
Subdivision 2 Appointment of persons to help 15
chief executive officer 16
24 Appointment 17
(1) The chief executive officer may appoint any person to help the 18
chief executive officer in the performance or exercise of his or 19
her functions or powers. 20
(2) The person holds office on the terms and conditions, not 21
provided by this Act, stated in-- 22
(a) the person's instrument of appointment; or 23
(b) a notice signed by the chief executive officer and given 24
to the person. 25
(3) In appointing a person under this section, the chief executive 26
officer must consult with the commission chief executive 27
under the Public Service Act 2008. 28
(4) A person appointed under this section is employed under this 29
Act and not under the Public Service Act 2008. 30
Page 18
Queensland Reconstruction Authority Bill 2011
Part 2 Queensland Reconstruction Authority
[s 25]
25 Preservation of rights of persons appointed under s 24 1
(1) This section applies if an officer of the public service is 2
appointed under section 24 to help the chief executive officer. 3
(2) The person keeps all rights accrued or accruing to the person 4
as an officer of the public service as if service in the office to 5
which the person is appointed (the appointed office) were a 6
continuation of service as a public service officer. 7
(3) At the end of the person's term of office or resignation from 8
the appointed office-- 9
(a) the person has the right to be appointed to an office in 10
the public service at a salary level no less than the 11
current salary level of an office equivalent to the office 12
the person held before being appointed to the appointed 13
office; and 14
(b) the person's service in the appointed office is taken to be 15
service of a like nature in the public service for deciding 16
the person's rights as an officer of the public service. 17
Subdivision 3 Other staff 18
26 Authority staff 19
(1) The authority may employ other staff it considers appropriate 20
to perform its functions. 21
(2) The other staff are to be employed under the Public Service 22
Act 2008. 23
27 Alternative staffing arrangements 24
(1) The chief executive officer may arrange with the chief 25
executive of a department, a local government, a government 26
entity or a government owned corporation, for the services of 27
officers or employees of the department, local government, 28
entity or corporation to be made available to the authority. 29
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Queensland Reconstruction Authority Bill 2011
Part 3 Queensland Reconstruction Board
[s 28]
(2) An officer or employee whose services are made available 1
under subsection (1)-- 2
(a) continues to be an officer or employee of the 3
department, local government, entity or corporation; and 4
(b) continues to be employed or otherwise engaged by the 5
department, local government, entity or corporation on 6
the same terms and conditions applying to the officer or 7
employee before his or her services were made 8
available; and 9
(c) is, for the period the services are made available and for 10
the carrying out of the authority's functions, taken to be 11
a member of the staff of the authority. 12
Part 3 Queensland Reconstruction 13
Board 14
Division 1 The board 15
Subdivision 1 Establishment and functions 16
28 The board 17
The authority has a board of management (the Queensland 18
Reconstruction Board). 19
29 Functions of board 20
The functions of the board are as follows-- 21
(a) to set the strategic priorities for the authority; 22
(b) to make recommendations to the Minister about-- 23
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Queensland Reconstruction Authority Bill 2011
Part 3 Queensland Reconstruction Board
[s 30]
(i) priorities for community infrastructure, other 1
property and community services needed for the 2
protection, rebuilding and recovery of affected 3
communities; and 4
(ii) the need for the declaration of declared projects 5
and reconstruction areas; 6
(c) to ensure the authority performs its functions and 7
exercises its powers in an appropriate, effective and 8
efficient way. 9
Subdivision 2 Members 10
30 Membership of board 11
(1) The board consists of 7 persons (each a member), as 12
follows-- 13
(a) the chairperson; 14
(b) 2 members nominated by the Commonwealth; 15
(c) 1 member nominated by the Local Government 16
Association of Queensland Ltd ACN 142 783 917; 17
(d) 3 other members. 18
(2) Each member must be appointed by the Governor in Council. 19
(3) A member mentioned in subsection (1)(d) must have expertise 20
and experience in engineering, finance, planning or another 21
field the Minister considers appropriate for a member of the 22
board. 23
31 Term of office 24
(1) Subject to this subdivision, a member holds office for the term 25
stated in the member's instrument of appointment. 26
(2) The term of office can be no longer than a period ending on 27
the expiry of this Act 28
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Queensland Reconstruction Authority Bill 2011
Part 3 Queensland Reconstruction Board
[s 32]
32 Conditions of appointment 1
(1) A member is to be paid the remuneration and allowances 2
decided by the Governor in Council. 3
(2) A member holds office on the terms and conditions, not 4
provided by this Act, that are decided by the Governor in 5
Council. 6
33 Vacancy in office of member 7
(1) The office of a member becomes vacant if the member-- 8
(a) completes a term of office; or 9
(b) resigns office by signed notice given to the Minister; or 10
(c) is removed from office by the Governor in Council 11
under subsection (2); or 12
(d) is convicted of an indictable offence or an offence 13
against this Act; or 14
(e) is a person who is an insolvent under administration 15
under the Corporations Act, section 9; or 16
(f) becomes employed by, or becomes a contractor of, the 17
authority. 18
(2) The Governor in Council may at any time remove a member 19
from office for any reason or none. 20
Subdivision 3 Chairperson 21
34 Role of chairperson 22
The chairperson is responsible for leading and directing the 23
activities of the board to ensure the board performs its 24
functions appropriately. 25
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Queensland Reconstruction Authority Bill 2011
Part 3 Queensland Reconstruction Board
[s 35]
Subdivision 4 Proceedings of the board 1
35 Time and place of meetings 2
(1) The board may hold its meetings when and where it decides. 3
(2) However, the board must meet at least once each month. 4
(3) The chairperson-- 5
(a) may at any time call a meeting of the board; and 6
(b) must call a meeting if asked by at least 2 other members. 7
36 Quorum 8
A quorum for a meeting of the board is at least half of the 9
members. 10
37 Presiding at meetings 11
(1) The chairperson presides at all meetings of the board at which 12
the chairperson is present. 13
(2) If the chairperson is absent, the member chosen by the 14
members present presides. 15
38 Conduct of meetings 16
(1) Subject to this subdivision, the board may conduct its 17
proceedings, including its meetings, as it considers 18
appropriate. 19
(2) The board may hold meetings, or allow members to take part 20
in meetings, by using any technology allowing reasonably 21
contemporaneous and continuous communication between 22
persons taking part in the meeting. 23
(3) A member who takes part in a meeting of the board under 24
subsection (2) is taken to be present at the meeting. 25
(4) A question at a meeting of the board is to be decided by a 26
majority of the votes of the members present at the meeting. 27
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Queensland Reconstruction Authority Bill 2011
Part 3 Queensland Reconstruction Board
[s 39]
(5) If the votes are equal, the member presiding has a casting 1
vote. 2
(6) A resolution is a valid resolution of the board, even though it 3
is not passed at a meeting of the board, if-- 4
(a) at least half the members give written agreement to the 5
resolution; and 6
(b) notice of the resolution is given under procedures 7
approved by the board. 8
39 Minutes and other records 9
The board must keep-- 10
(a) minutes of its meetings; and 11
(b) a record of any decisions and resolutions of the board. 12
Subdivision 5 Disclosure of conflict of interests 13
and reporting requirements 14
40 Disclosure of conflict of interest 15
(1) If-- 16
(a) a member has a direct or indirect pecuniary or other 17
interest in a matter being considered or about to be 18
considered at a meeting of the board; and 19
(b) the interest appears to raise a conflict with the proper 20
performance of the member's duties in relation to the 21
consideration of the matter; 22
the member must, as soon as possible after the relevant facts 23
have come to the member's knowledge, disclose the nature of 24
the interest at a meeting of the board. 25
(2) Particulars of any disclosure made under this section must be 26
recorded by the board in a register of interests kept for the 27
purpose. 28
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Queensland Reconstruction Authority Bill 2011
Part 3 Queensland Reconstruction Board
[s 41]
(3) After a member has disclosed the nature of an interest in any 1
matter, the member must not be present during any 2
deliberation of the board about the matter, or take part in any 3
decision of the board about the matter, unless the board 4
otherwise decides. 5
(4) For the making of a decision by the board under subsection 6
(3), a member who has a direct or indirect pecuniary or other 7
interest in a matter to which the disclosure relates must not-- 8
(a) be present during any deliberation of the board for the 9
purpose of making the decision; or 10
(b) take part in the making of the decision by the board. 11
(5) A contravention of this section does not invalidate any 12
decision of the board. 13
(6) However, if the board becomes aware a member contravened 14
this section, the board must reconsider any decision made by 15
the board in which the member took part in contravention of 16
this section. 17
41 Reporting by the board and chairperson 18
(1) As soon as practicable after the end of each month, the board 19
must give the Minister a report about the performance of the 20
authority's functions and the exercise of its powers during the 21
month. 22
(2) Also, if the Minister asks the board for a report about the 23
performance of the authority's functions and the exercise of 24
its powers, the board must comply with the request. 25
(3) The Minister must ensure a copy of each report given under 26
subsection (1) or (2) is made available on the department's 27
website. 28
(4) If the chairperson becomes aware of any matter the 29
chairperson considers may adversely affect the authority's 30
ability to perform its functions or exercise its powers, the 31
chairperson must immediately give the Minister a report about 32
the matter. 33
Page 25
Queensland Reconstruction Authority Bill 2011
Part 4 Declarations about declared projects, reconstruction areas and critical infrastructure
projects
[s 42]
Part 4 Declarations about declared 1
projects, reconstruction areas 2
and critical infrastructure 3
projects 4
Division 1 Declarations 5
42 Declaration of declared project 6
(1) The Minister may declare a project for proposed development 7
to be a declared project if the Minister is satisfied-- 8
(a) the project is to be undertaken in a part of the State that 9
has been directly or indirectly affected by a disaster 10
event; and 11
(b) the declaration is necessary to facilitate flood mitigation 12
for affected communities, or the protection, rebuilding 13
and recovery of affected communities. 14
(2) The declaration must be made by gazette notice. 15
(3) The gazette notice must describe the land to which the 16
declared project relates. 17
Example of a description of land-- 18
a lot on plan description 19
(4) Before declaring a declared project, the Minister must have 20
regard to the responsibilities of the relevant local government 21
for matters about land use, and the giving of development 22
approvals, for the local government's area. 23
(5) The Minister may make the declaration on the Minister's own 24
initiative or at the request of a local government. 25
43 Declaration of reconstruction area 26
(1) A regulation (a declaration regulation) may declare a part of 27
the State to be a reconstruction area. 28
Page 26
Queensland Reconstruction Authority Bill 2011
Part 4 Declarations about declared projects, reconstruction areas and critical infrastructure
projects
[s 43]
(2) However, the Minister must not recommend to the Governor 1
in Council the making of a regulation under subsection (1) 2
unless the Minister is satisfied-- 3
(a) the part of the State has been directly or indirectly 4
affected by a disaster event; and 5
(b) the declaration is necessary to facilitate flood mitigation 6
for affected communities, or the protection, rebuilding 7
and recovery of affected communities. 8
(3) Before recommending to the Governor in Council the making 9
of a declaration regulation, the Minister must have regard to 10
the responsibilities of the relevant local government for 11
matters about land use, and the giving of development 12
approvals, for the local government's area. 13
(4) A declaration regulation for a reconstruction area may declare 14
that land in a part of the area is land (acquisition land) that is 15
subject to section 100. 16
Note-- 17
Under section 100, the owner may not dispose of acquisition land other 18
than to the authority or a local government, and the authority or local 19
government may be required to acquire acquisition land. 20
(5) However, the Minister must not recommend to the Governor 21
in Council the making of a declaration regulation for a 22
reconstruction area that includes acquisition land unless the 23
Minister is satisfied the declaration of the acquisition land is 24
necessary for the carrying out of the authority's reconstruction 25
function. 26
(6) If a declaration regulation declares land to be acquisition land, 27
the declaration regulation must-- 28
(a) describe the acquisition land; and 29
Example of a description of land-- 30
a lot on plan description 31
(b) if the authority may be required to acquire the land 32
under section 100--state that fact; and 33
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Queensland Reconstruction Authority Bill 2011
Part 4 Declarations about declared projects, reconstruction areas and critical infrastructure
projects
[s 44]
(c) if a local government may be required to acquire the 1
land under section 100--state that fact and the name of 2
the local government. 3
(7) The declaration regulation must not state a local government 4
for subsection (6)(c) without the agreement of the local 5
government. 6
(8) The Minister may recommend to the Governor in Council the 7
making of a declaration regulation on the Minister's own 8
initiative or at the request of a local government. 9
44 Notice about declaration of acquisition land 10
(1) As soon as practicable after land is declared to be acquisition 11
land, the authority must-- 12
(a) give each owner of the land a notice that-- 13
(i) states the land is subject to section 100; and 14
(ii) states the entity that, under the section, may be 15
required to acquire the land; and 16
(iii) includes information about how the section affects 17
the owner's dealing with the land; and 18
(b) give the registrar of titles notice of the declaration. 19
(2) A notice given under subsection (1) must include particulars 20
of the land subject to the declaration. 21
(3) The registrar of titles must keep records that show the land is 22
subject to the declaration. 23
(4) The registrar of titles must keep the records in a way that a 24
search of the freehold land register will show the land is 25
subject to the declaration. 26
45 Declaration of critical infrastructure project 27
(1) This section applies if the Minister considers the undertaking 28
of a declared project, or particular development in a 29
reconstruction area, is critical or essential for the State for 30
economic, environmental or social reasons. 31
Page 28
Queensland Reconstruction Authority Bill 2011
Part 4 Declarations about declared projects, reconstruction areas and critical infrastructure
projects
[s 46]
(2) The Minister may, by gazette notice, declare the project or 1
development to be a critical infrastructure project. 2
Note-- 3
For the application of the Judicial Review Act 1991 to a decision about 4
declaring a critical infrastructure project, see section 61. 5
Division 2 Relationship with particular Acts 6
about local government 7
46 Relationship with the City of Brisbane Act 2010 or the 8
Local Government Act 2009 9
(1) The declaration of a declared project or an area as a 10
reconstruction area does not affect-- 11
(a) the operation of the City of Brisbane Act 2010 or the 12
Local Government Act 2009 in relation to land the 13
subject of the declared project or land in the 14
reconstruction area; or 15
(b) the area of the relevant local government; or 16
(c) the jurisdiction, under the Acts, of the relevant local 17
government. 18
(2) However, the performance of the relevant local government's 19
functions or the exercise of its powers under the Acts in 20
relation to land the subject of the declared project or land in 21
the reconstruction area is subject to the authority's functions 22
or powers under this Act. 23
Page 29
Queensland Reconstruction Authority Bill 2011
Part 5 Particular powers for declared projects and development in reconstruction areas
[s 47]
Part 5 Particular powers for declared 1
projects and development in 2
reconstruction areas 3
Division 1 Preliminary 4
47 Definitions for pt 5 5
In this part-- 6
applicant, for a prescribed decision or prescribed process, 7
means the person seeking the decision or undertaking of the 8
process under the relevant law for the decision or process. 9
critical infrastructure project means a declared project or 10
development in a reconstruction area the Minister declares, 11
under section 45, to be a critical infrastructure project. 12
decision-maker-- 13
(a) for a prescribed decision, means the entity that may 14
make the decision under the relevant law for the 15
decision; and 16
Example of a decision-maker for paragraph (a)-- 17
an assessment manager 18
(b) for a prescribed process, means the entity responsible 19
for undertaking the process under the relevant law for 20
the process. 21
Examples of a decision-maker for paragraph (b)-- 22
· a concurrence agency 23
· an entity that may give evidence required to be given under 24
the Sustainable Planning Act, section 264(1) 25
declaration, for a declared project, means the declaration for 26
the project made by the Minister under section 42. 27
notice to decide see section 50(1). 28
Page 30
Queensland Reconstruction Authority Bill 2011
Part 5 Particular powers for declared projects and development in reconstruction areas
[s 48]
prescribed decision-- 1
1 A prescribed decision means a decision, in relation to a 2
declared project or development in a reconstruction 3
area, required to be made under a law of the State, 4
including, for example, a decision about the 5
construction, undertaking, carrying out, establishment, 6
maintenance or operation of a declared project or 7
development in a reconstruction area. 8
2 However, a prescribed decision does not include a 9
decision required to be made by the Governor in 10
Council or a Minister. 11
Example of a prescribed decision-- 12
a decision of an assessment manager on an application for a 13
development approval 14
prescribed process means a process, in relation to a declared 15
project or development in a reconstruction area, required to be 16
undertaken under a law of the State, including, for example, a 17
process in a stage of IDAS. 18
Example of a prescribed process-- 19
the giving of an acknowledgement notice under the application stage of 20
IDAS 21
progression notice see section 49(1). 22
relevant law, for a prescribed decision or prescribed process, 23
means the law, other than this Act, under which the decision 24
may be made or the process undertaken. 25
step-in notice see section 51(1). 26
48 Application of laws 27
This part applies despite any other law. 28
Page 31
Queensland Reconstruction Authority Bill 2011
Part 5 Particular powers for declared projects and development in reconstruction areas
[s 49]
Division 2 Notices about declared projects and 1
development in reconstruction 2
areas 3
Subdivision 1 Progression notice 4
49 Progression notice 5
(1) The authority may, by notice (a progression notice) given to 6
the decision-maker for a prescribed process, require the 7
decision-maker to undertake, within the period stated in the 8
notice, administrative processes required to complete the 9
process. 10
(2) The progression notice must-- 11
(a) identify the process, including, for example, a process 12
under a stage of IDAS; and 13
(b) state the decision-maker must-- 14
(i) undertake the process within the stated period; and 15
(ii) inform the authority of the completion of the 16
process within 5 business days after it is 17
completed. 18
(3) On receiving the progression notice, the decision-maker 19
must-- 20
(a) subject to subsection (5), undertake the prescribed 21
process within the period stated in the notice for that 22
purpose; and 23
(b) inform the authority of the completion of the process 24
within 5 business days after it is completed. 25
(4) The authority may, by notice given to the decision-maker and 26
without the decision-maker's agreement, extend the period for 27
undertaking the prescribed process. 28
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Queensland Reconstruction Authority Bill 2011
Part 5 Particular powers for declared projects and development in reconstruction areas
[s 50]
(5) If the authority extends the period for undertaking the 1
prescribed process under subsection (4), the decision-maker 2
must undertake the process within the extended period. 3
(6) Before giving a progression notice for a prescribed process, 4
the authority must have regard to the requirements, if any, 5
under the relevant law for undertaking the process. 6
(7) Subject to this section, the relevant law for the prescribed 7
process continues to apply to the undertaking of the process. 8
Subdivision 2 Notice to decide 9
50 Notice to decide 10
(1) The authority may, by notice (a notice to decide) given to the 11
decision-maker for a prescribed decision, require the 12
decision-maker to make the decision within the period stated 13
in the notice. 14
(2) The stated period must be at least-- 15
(a) 20 business days after the notice is given; or 16
(b) if, under the relevant law for the prescribed decision, the 17
decision-maker would, other than for this section, be 18
required to make the decision within a period that is less 19
than the period mentioned in paragraph (a)--the lesser 20
period. 21
(3) The notice to decide must-- 22
(a) identify the decision; and 23
(b) state the decision-maker must-- 24
(i) make the decision within the stated period; and 25
(ii) inform the authority of the decision within 5 26
business days after it is made. 27
(4) On receiving the notice to decide, the decision-maker must-- 28
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Queensland Reconstruction Authority Bill 2011
Part 5 Particular powers for declared projects and development in reconstruction areas
[s 51]
(a) subject to subsection (6), make the prescribed decision 1
within the period stated in the notice for that purpose; 2
and 3
(b) inform the authority of the decision within 5 business 4
days after it is made. 5
(5) The authority may, by notice given to the decision-maker and 6
without the decision-maker's agreement, extend the period for 7
making the prescribed decision. 8
(6) If the authority extends the period for making the prescribed 9
decision under subsection (5), the decision-maker must make 10
the decision within the extended period. 11
(7) If the prescribed decision relates to an application for a 12
development approval, the notice to decide may be given to 13
the decision-maker only after the decision stage for the 14
application under the Sustainable Planning Act starts. 15
(8) Before giving a notice to decide for a prescribed decision, 16
other than a decision mentioned in subsection (7), the 17
authority must have regard to the requirements, if any, under 18
the relevant law for the decision about public notification of 19
information or other matters in relation to the decision. 20
(9) Subject to this section, the relevant law for the prescribed 21
decision continues to apply to the making of the decision. 22
Subdivision 3 Step-in notice 23
51 Step-in notice 24
(1) The authority may, with the approval of the Minister, give the 25
decision-maker and applicant for a prescribed decision or a 26
prescribed process a notice (a step-in notice) advising the 27
decision-maker and applicant that the authority is to make an 28
assessment and a decision about the prescribed decision or 29
process under this subdivision. 30
(2) Before deciding to approve the giving of a step-in notice, the 31
Minister must be satisfied the giving of the notice is necessary 32
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to facilitate flood mitigation for an affected community, or the 1
protection, rebuilding and recovery of, an affected 2
community. 3
(3) The step-in notice must-- 4
(a) identify the decision or process; and 5
(b) state that the authority is the decision-maker for the 6
prescribed decision or process from the time the notice 7
is given until the authority makes a decision, under 8
section 55, about the prescribed decision or process. 9
52 When step-in notice may be given 10
(1) The authority may give a step-in notice for a prescribed 11
decision or a prescribed process only after a progression 12
notice or notice to decide has been given for the decision or 13
process. 14
(2) If a progression notice or notice to decide has been given for a 15
prescribed decision or process, the step-in notice may be 16
given-- 17
(a) at any time after the authority is satisfied the 18
decision-maker has not complied with the progression 19
notice or notice to decide, but before the decision-maker 20
has undertaken the process or made the decision; or 21
(b) if the decision-maker has complied with the progression 22
notice or notice to decide--only if the applicant, by 23
notice given to the authority within 10 business days 24
after the applicant is notified of the decision, asks the 25
authority to give a step-in notice for the decision. 26
(3) Despite subsection (1), a step-in notice also may be given for 27
a prescribed decision at any time after the decision is made 28
until 10 business days after-- 29
(a) if an appeal against the decision has been started under 30
the relevant law for the decision--the start of the appeal; 31
or 32
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(b) otherwise--the expiry of the period, under the relevant 1
law for the decision, for starting an appeal against the 2
decision. 3
(4) For subsection (2)(b), the step-in notice must be given to the 4
decision-maker within a reasonable period after the authority 5
receives the request. 6
(5) In this section-- 7
appeal includes review. 8
53 Providing assistance or recommendations 9
(1) The decision-maker for the prescribed decision or prescribed 10
process must give the authority all reasonable assistance or 11
materials it requires to act under this subdivision, including-- 12
(a) all material about the prescribed decision or process the 13
decision-maker had before the step-in notice was given; 14
and 15
(b) any material received about the prescribed decision or 16
process by the decision-maker after the step-in notice 17
was given. 18
(2) Without limiting subsection (1), the authority may, by notice, 19
require the decision-maker to give the authority within the 20
reasonable period stated in the notice a written report 21
containing-- 22
(a) an assessment of matters, stated in the notice, relevant to 23
the prescribed decision or process; or 24
(b) recommendations about the assessment mentioned in 25
paragraph (a), including, for example, recommendations 26
about proposed conditions relevant to the prescribed 27
decision or process. 28
(3) Subsection (4) applies if, other than for the giving of the 29
step-in notice, under the relevant law for the prescribed 30
decision a local government could have imposed a condition, 31
in relation to the decision, for infrastructure to which the 32
Sustainable Planning Act, chapter 8, part 1, applies. 33
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(4) The local government may, before the authority makes a 1
decision under section 55 about the prescribed decision, give 2
the authority a written recommendation to impose the 3
condition. 4
54 Effects of step-in notice 5
(1) If the authority gives a step-in notice for a prescribed decision 6
or prescribed process-- 7
(a) the authority is the decision-maker under the relevant 8
law for the prescribed decision or process from the time 9
the step-in notice is given until the authority makes a 10
decision under section 55 about the prescribed decision 11
or process; and 12
(b) for making the decision, the authority has all the powers 13
of the decision-maker under the relevant law for the 14
prescribed decision or process; and 15
(c) for making the decision, the authority must consider the 16
following-- 17
(i) the criteria, if any, for making the prescribed 18
decision or undertaking the prescribed process 19
under the relevant law; 20
(ii) the main purpose of this Act; and 21
(d) if the prescribed decision or process relates to an 22
application for a development approval--the assessment 23
manager and each concurrence agency for the 24
application is, under the Sustainable Planning Act, taken 25
to be an advice agency for the application until the 26
authority makes its decision about the prescribed 27
decision or process; and 28
(e) if an appeal was made or was started in relation to the 29
prescribed decision or process under the relevant law for 30
the decision or process--the appeal is of no further 31
effect; and 32
(f) despite paragraph (a), the authority's decision about the 33
prescribed decision or process is taken to be the exercise 34
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of a power or performance of a function of the authority 1
under this Act. 2
(2) In this section-- 3
advice agency means an advice agency under the Sustainable 4
Planning Act. 5
appeal includes review. 6
55 Authority's decision 7
(1) After making an assessment about the prescribed decision or 8
prescribed process, the authority may-- 9
(a) if the decision has not been made or the process has not 10
been undertaken by the decision-maker-- 11
(i) make the decision or undertake the process; or 12
(ii) send back the decision or process, with or without 13
conditions, to the decision-maker under the 14
relevant law for the decision or process; or 15
(iii) decide aspects of the decision and send back 16
undecided aspects of the decision, with or without 17
conditions, to the decision-maker under the 18
relevant law for the decision; or 19
(b) otherwise-- 20
(i) confirm or amend the decision; or 21
(ii) cancel the decision and substitute a new decision. 22
(2) In acting under subsection (1), the authority may, for the 23
prescribed decision, impose conditions it considers necessary 24
or desirable having regard to-- 25
(a) the nature of the declared project, or development in the 26
reconstruction area, to which the decision relates; and 27
(b) the matters mentioned in section 54(c) the authority 28
considered for the decision. 29
(3) If the authority receives a recommendation under section 30
53(4) to impose a condition in relation to the prescribed 31
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decision, the authority must impose the condition unless the 1
Minister directs otherwise. 2
(4) The authority's decision to impose a condition under 3
subsection (3) is taken to be a decision for the purposes of the 4
Sustainable Planning Act, section 633(2)(b). 5
(5) For a condition imposed under this section, the authority may 6
nominate an entity that is to have jurisdiction, under the 7
relevant law for the prescribed decision, for the condition. 8
(6) An entity may be nominated for 1 or more of the conditions. 9
(7) If the authority nominates an entity under subsection (5), the 10
authority must give each of the following notice of the 11
nomination-- 12
(a) the entity; 13
(b) the decision-maker and the applicant for the prescribed 14
decision. 15
(8) Subject to this subdivision, the relevant law for the prescribed 16
decision or process applies to the making of the authority's 17
decision under this section. 18
56 Effects of decision 19
(1) The authority's decision under section 55 about the prescribed 20
decision or prescribed process, including a decision to impose 21
a condition-- 22
(a) is taken to be a decision of the decision-maker (the 23
original decision-maker) under the relevant law for the 24
prescribed decision or process but a person may not 25
appeal against the authority's decision under this Act or 26
the relevant law; and 27
(b) takes effect when the applicant for the prescribed 28
decision or process and the original decision-maker are 29
given notice under section 57 of the authority's decision. 30
(2) A condition imposed by the original decision-maker in 31
relation to the prescribed decision is of no effect to the extent 32
it is inconsistent with a condition imposed by the authority. 33
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(3) If the original decision-maker makes another prescribed 1
decision for the declared project, or development in the 2
reconstruction area, to which the step-in notice relates, the 3
other prescribed decision must not be inconsistent with the 4
authority's decision. 5
57 Notice of decision 6
(1) The authority must give notice of its decision under section 55 7
about the prescribed decision or prescribed process to-- 8
(a) the applicant and decision-maker for the prescribed 9
decision or process; and 10
(b) each entity nominated by the authority to have 11
jurisdiction for a condition in relation to the prescribed 12
decision or process. 13
(2) The notice must include-- 14
(a) the reasons for the authority's decision; and 15
(b) the conditions, if any, imposed under section 55(2) in 16
relation to the decision. 17
58 Report about decision 18
(1) The authority must prepare a report about each step-in notice 19
given for a prescribed decision or prescribed process. 20
(2) The authority must include the following in the report-- 21
(a) a copy of the step-in notice; 22
(b) details of each entity nominated, under section 55(5), to 23
have jurisdiction for a condition in relation to the 24
prescribed decision or process; 25
(c) a copy of the notice, given under section 57, of the 26
authority's decision; 27
(d) other details about the authority's decision required by 28
the Minister. 29
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(3) The Minister must table a copy of the report in the Legislative 1
Assembly within 14 sitting days after notice is given under 2
section 57 of the authority's decision. 3
Division 3 Other matters 4
59 Recovering cost of advice or services 5
(1) This section applies if, in making an assessment under this 6
part about a prescribed decision or prescribed process, the 7
authority obtains from another entity advice or services the 8
authority considers necessary to make the assessment. 9
(2) The authority may recover from the applicant for the 10
prescribed decision or process as a debt the reasonable cost of 11
obtaining the advice or services. 12
60 No requirement to consult on particular actions 13
The authority is not required to consult with anyone before 14
giving a progression notice or notice to decide under this part. 15
61 Application of Judicial Review Act 1991 16
The Judicial Review Act 1991, parts 3 and 5, other than 17
section 41(1), do not apply to-- 18
(a) a decision of the Minister to declare-- 19
(i) a declared project or development in a 20
reconstruction area to be a critical infrastructure 21
project; or 22
(ii) a declared project if the project is a critical 23
infrastructure project; or 24
(b) a decision of the authority to give a progression notice, 25
notice to decide or a step-in notice for a critical 26
infrastructure project; or 27
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(c) the authority's decision under section 55 about a 1
prescribed decision or prescribed process for a critical 2
infrastructure project; or 3
(d) a decision or conduct leading up to or forming part of 4
the process of making a decision mentioned in 5
paragraph (a), (b) or (c). 6
Note-- 7
The Judicial Review Act 1991, part 3 deals with statutory orders of 8
review, and part 5 deals with prerogative orders and injunctions. 9
Part 6 Development schemes 10
Division 1 Making development schemes 11
62 Authority may make development scheme 12
(1) Subject to the other provisions of this division, the authority 13
may make a development scheme for a declared project, a 14
reconstruction area or part of a reconstruction area. 15
(2) The development scheme is a statutory instrument under the 16
Statutory Instruments Act 1992 and has the force of law as 17
provided for under this Act. 18
63 Content of development scheme 19
(1) The development scheme may provide for any matter that the 20
authority considers will promote the proper and orderly 21
planning, development and management of the declared 22
project or reconstruction area. 23
(2) The development scheme must include-- 24
(a) a land use plan regulating development for the project or 25
in the area; and 26
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(b) a plan for infrastructure for the project or in the area; 1
and 2
(c) an implementation strategy to achieve the reconstruction 3
function of the authority for the project or in the area, to 4
the extent it is not achieved by the land use plan or the 5
plan for infrastructure. 6
(3) Without limiting subsection (2)(a), the land use plan may-- 7
(a) provide for any matter about which a planning 8
instrument may provide; or 9
(b) identify development for the project or in the area to be 10
any of the following categories of development under 11
the Sustainable Planning Act-- 12
(i) self-assessable development; 13
(ii) development requiring compliance assessment; 14
(iii) assessable development ; 15
(iv) prohibited development; or 16
(c) require impact assessment or code assessment, or both 17
impact and code assessment, under the Sustainable 18
Planning Act for assessable development; or 19
(d) include a code for IDAS; or 20
(e) state that particular development is consistent or 21
inconsistent with the plan. 22
(4) In making the development scheme, the authority must 23
consider, but is not bound by, a requirement under any of the 24
following relevant to the project or area-- 25
(a) a planning instrument; 26
(b) a plan, policy or code made under the Sustainable 27
Planning Act or another Act. 28
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64 Development scheme may make provision for particular 1
assessable development 2
(1) A development scheme may provide that assessable 3
development prescribed under the Sustainable Planning Act, 4
section 232(1) is not assessable development for a declared 5
project or reconstruction area. 6
(2) If a development scheme provides that development is not 7
assessable development for the declared project or 8
reconstruction area, the development is not assessable 9
development under the Sustainable Planning Act, section 10
232(1) for the declared project or reconstruction area. 11
(3) A development scheme may provide that an entity that, but for 12
the development scheme, would be a referral agency for a 13
development application for the declared project or 14
reconstruction area, is not a referral agency for the 15
development application. 16
(4) If a development scheme provides that an entity is not a 17
referral agency for a development application, the entity is not 18
a referral agency for the application under the Sustainable 19
Planning Act. 20
65 Preparation of proposed development scheme 21
Before preparing a proposed development scheme, the 22
authority must-- 23
(a) consult, in the way it considers appropriate, with the 24
relevant local government; and 25
(b) make reasonable endeavours to consult, in the way it 26
considers appropriate, with any of the following the 27
authority considers will be likely to be affected by a 28
development scheme for the declared project or 29
reconstruction area-- 30
(i) a government entity or GOC; 31
(ii) a person or other entity. 32
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66 Public notification 1
(1) After preparing the proposed development scheme, the 2
authority must-- 3
(a) publish the proposed scheme on its website; and 4
(b) in a gazette notice-- 5
(i) state that the proposed scheme may be inspected 6
on the authority's website; and 7
(ii) invite anyone to make submissions on the proposed 8
scheme within a stated period fixed by the 9
authority (the submission period); and 10
(c) publish a notice to the same effect as the gazette notice 11
at least once in a newspaper circulating in the area of the 12
relevant local government. 13
(2) The submission period must be at least 30 business days. 14
67 Submissions on proposed scheme 15
Anyone may make submissions about the proposed 16
development scheme within the submission period. 17
68 Consideration of submissions 18
(1) The authority must consider any submissions received within 19
the submission period. 20
(2) Subsection (1) does not prevent the authority from 21
considering a submission made to it after the submission 22
period has ended. 23
69 Amendment of proposed scheme 24
(1) After complying with section 68, the authority may amend the 25
proposed development scheme in any way it considers 26
appropriate. 27
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(2) If the authority considers the amendment significantly 1
changes the proposed scheme, it must re-comply with sections 2
66 and 68 for the amended scheme. 3
70 Initial making and submission of scheme 4
(1) The authority must, as soon as practicable after complying 5
with sections 68 and 69, make the development scheme (the 6
submitted scheme) and give it to the Minister. 7
(2) The submitted scheme must be accompanied by a report 8
that-- 9
(a) summarises the submissions considered by the 10
authority; and 11
(b) is about-- 12
(i) the merits of the submissions; and 13
(ii) to what extent the proposed development scheme 14
was amended to reflect the submissions. 15
71 Notice of submitted scheme 16
The authority must, as soon as practicable after giving the 17
Minister the submitted scheme, give each person (a submitter) 18
who made a submission received within the submission 19
period about the scheme a notice stating that-- 20
(a) the scheme has been made and submitted to the 21
Minister; and 22
(b) the authority's report about the submitted scheme can be 23
inspected on its website; and 24
(c) if the submitter is an affected owner for the relevant 25
declared project or reconstruction area--the submitter 26
may, within 20 business days after receiving the notice, 27
ask the Minister to amend the submitted scheme to 28
protect the owner's interests. 29
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72 Ministerial power to amend submitted scheme at affected 1
owner's request 2
(1) The Minister may amend the submitted scheme in a way the 3
Minister considers appropriate to protect an affected owner's 4
interests. 5
(2) However, the amendment may be made only if-- 6
(a) the affected owner has, within 20 business days after 7
being given notice of the submitted scheme under 8
section 71, asked the Minister to amend it to protect the 9
owner's interests; and 10
(b) the amendment is made within 40 business days after 11
the submitted scheme was given to the Minister. 12
73 Direction to authority to engage again in public 13
notification and submissions 14
If the Minister considers an amendment of the submitted 15
scheme significantly changes the submitted scheme, the 16
Minister must give the authority a written direction to 17
re-comply with sections 66, 68, 69 and 70 for the submitted 18
scheme as amended. 19
74 When proposed scheme takes effect 20
The development scheme does not take effect until it has been 21
approved under a regulation. 22
75 Notice of development scheme 23
The authority must, as soon as practicable after the 24
development scheme takes effect-- 25
(a) publish the scheme on its website; and 26
(b) publish, at least once in a newspaper circulating in the 27
area to which the development scheme applies, a notice 28
stating that-- 29
(i) the scheme has been approved; and 30
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(ii) the scheme may be inspected on the authority's 1
website; and 2
(c) give each person who made a submission received 3
within the submission period about the scheme a notice 4
stating that-- 5
(i) the scheme has been approved; and 6
(ii) the authority's report about the scheme can be 7
inspected on its website. 8
Division 2 Amendment, tabling and inspection 9
of development schemes 10
76 Authority may amend development scheme 11
(1) The authority may amend a development scheme only if 12
procedures under division 1 for making a development 13
scheme have been followed. 14
(2) Division 1 applies to the amendment as if-- 15
(a) a reference in the division to making a development 16
scheme were a reference to the making of the 17
amendment; and 18
(b) a reference in the division to a proposed development 19
scheme were a reference to the proposed amendment. 20
77 Tabling and inspection requirement 21
(1) This section applies if-- 22
(a) a regulation under this part approves a development 23
scheme or an amendment of a development scheme; and 24
(b) the development scheme or amendment is not part of, or 25
attached to, the regulation. 26
(2) The Minister must, when the regulation is tabled in the 27
Legislative Assembly under the Statutory Instruments Act 28
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[s 78]
1992, section 49, also table a copy of the development scheme 1
or amendment. 2
(3) A failure to comply with this section does not invalidate or 3
otherwise affect the regulation. 4
Division 3 Effect of development scheme on 5
other instruments 6
78 Relationship with other instruments 7
(1) If there is a conflict between a development scheme and any 8
of the following instruments, the development scheme 9
prevails to the extent of the inconsistency-- 10
(a) a planning instrument; 11
(b) a plan, policy or code made under the Sustainable 12
Planning Act or another Act. 13
(2) A development scheme may suspend or otherwise affect the 14
operation of a planning instrument, but does not amend the 15
planning instrument. 16
Division 4 Relationship with Sustainable 17
Planning Act 18
Subdivision 1 Preliminary 19
79 Application of sdivs 2 and 3 20
Subdivisions 2 and 3 apply to a development application for 21
development in an area to which a development scheme for a 22
declared project or a reconstruction area, or part of a 23
reconstruction area, applies. 24
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Subdivision 2 Assessing development 1
applications 2
80 Referral agency's assessment of development 3
application 4
(1) A referral agency must, in assessing the development 5
application, have regard to the development scheme. 6
(2) This section does not limit the Sustainable Planning Act, 7
section 282. 8
81 Assessment manager's assessment of development 9
application 10
(1) An assessment manager must assess the development 11
application against the development scheme. 12
(2) To remove any doubt, it is declared that, for assessing the 13
development application under the Sustainable Planning Act, 14
chapter 6, part 5, division 2, the development scheme is a law 15
for sections 311 and 317 of that Act. 16
(3) This section does not limit the Sustainable Planning Act, 17
sections 313, 314 and 316. 18
Subdivision 3 Deciding development applications 19
82 Decision generally 20
(1) The assessment manager's decision on the development 21
application may be inconsistent with a State planning 22
regulatory provision under the Sustainable Planning Act if the 23
conflict is necessary to ensure the decision complies with the 24
development scheme. 25
(2) This section applies despite the Sustainable Planning Act, 26
section 324(3) or 327(3). 27
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83 Restriction on granting development approval 1
(1) The assessment manager can not grant a development 2
approval for the development application if the development 3
would be inconsistent with the land use plan for the 4
development scheme unless-- 5
(a) a preliminary approval under the Sustainable Planning 6
Act is in force for the land; and 7
(b) the development would be consistent with the 8
preliminary approval. 9
(2) To remove any doubt, it is declared that subsection (1) does 10
not require the assessment manager to grant the development 11
approval only because subsection (1)(a) and (b) applies. 12
Subdivision 4 Compliance stage under IDAS 13
84 Application of compliance stage 14
The compliance stage under the Sustainable Planning Act 15
applies to-- 16
(a) development identified in a development scheme as 17
development requiring compliance assessment; or 18
(b) a document or work stated in a development scheme as a 19
document or work requiring compliance assessment. 20
85 Nominating a document or work for compliance 21
assessment 22
(1) A development scheme may state that a document or work is a 23
document or work requiring compliance assessment. 24
(2) If a development scheme identifies development requiring 25
compliance assessment, or states that a document or work is a 26
document or work requiring compliance assessment, the 27
development scheme must state-- 28
(a) the matters or things against which the development, 29
document or work must be assessed; and 30
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(b) the entity to whom a request for compliance assessment 1
under the Sustainable Planning Act must be made. 2
(3) The development scheme also may state, for documents or 3
work, when the request for compliance assessment must be 4
made. 5
(4) An entity mentioned in subsection (2)(b) is a compliance 6
assessor for the request under the Sustainable Planning Act. 7
86 Condition of development approval or compliance permit 8
about compliance assessment 9
For assessing a document or work requiring compliance 10
assessment, the Sustainable Planning Act, section 398(3) 11
applies as if that section included a reference to a 12
development scheme. 13
87 Assessment of request 14
For assessing development, a document or work requiring 15
compliance assessment, a development scheme is a relevant 16
instrument for the Sustainable Planning Act, section 403. 17
88 Making request for compliance assessment 18
(1) This section applies if, under a development scheme, a person 19
is required to request compliance assessment of a document or 20
work within a period stated in the development scheme. 21
(2) The person must comply with the requirement. 22
Maximum penalty--165 penalty units. 23
Subdivision 5 Existing uses 24
89 Lawful use of premises protected 25
(1) This section applies if, immediately before the taking of effect 26
of a development scheme, or of an amendment of a 27
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development scheme, the use of premises to which the scheme 1
relates was a lawful use of the premises. 2
(2) Neither the development scheme nor the amendment can-- 3
(a) stop the use from continuing; or 4
(b) further regulate the use; or 5
(c) require the use to be changed. 6
(3) In this section-- 7
lawful use, of premises, includes-- 8
(a) a use that is generally in accordance with a current 9
rezoning approval given under-- 10
(i) the repealed Local Government Act 1936, section 11
33(5)(k), to which section 33(5)(m) of that Act 12
also applied; or 13
(ii) the repealed Local Government (Planning and 14
Environment) Act 1990, section 4.5(6), 4.8(6), 15
4.10(6) or 8.10(9A); and 16
(b) a use that is a natural and ordinary consequence of 17
making a material change of use of the premises if the 18
change was lawfully made under the Sustainable 19
Planning Act . 20
material change of use, of premises, see the Sustainable 21
Planning Act, section 10. 22
90 Lawfully constructed buildings and work protected 23
To the extent a building has been lawfully constructed or work 24
lawfully carried out, neither a development scheme nor an 25
amendment of a development scheme can require the building 26
or work to be altered or removed. 27
91 New instruments can not affect existing development 28
approval or compliance permit 29
(1) This section applies if-- 30
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[s 92]
(a) a development approval or compliance permit exists for 1
premises; and 2
(b) after the approval or permit is given, a new development 3
scheme or amendment of a development scheme 4
commences. 5
(2) To the extent the approval or permit has not lapsed, neither the 6
development scheme nor the amendment can stop or further 7
regulate the development, or otherwise affect the approval or 8
permit. 9
92 Minister's power to amend development approval or 10
compliance permit 11
(1) The Minister may, by a notice given to the assessment 12
manager and the holder of an existing development approval 13
for development in a reconstruction area for which there is a 14
development scheme, amend the development approval if 15
satisfied the amendment is necessary for the carrying out of 16
the authority's reconstruction function. 17
(2) For the Sustainable Planning Act, any amendment of a 18
development approval under subsection (1)-- 19
(a) is taken to be a part of the approval; and 20
(b) is taken to have been made by the assessment manager 21
for the development approval; and 22
(c) takes effect when the notice under subsection (1) is 23
given. 24
(3) If an assessment manager is given a notice under subsection 25
(1), the assessment manager must keep the notice available for 26
inspection and purchase under the Sustainable Planning Act. 27
(4) If there is an inconsistency between the amendment and the 28
development approval, the amendment prevails to the extent 29
of the inconsistency. 30
(5) The Minister may, by a notice given to the holder of an 31
existing compliance permit and the entity that gave the permit 32
for development in a reconstruction area for which there is a 33
development scheme, amend the permit if satisfied the 34
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[s 93]
amendment is necessary for the carrying out of the authority's 1
reconstruction function. 2
(6) For the Sustainable Planning Act, any amendment of a 3
compliance permit under subsection (5)-- 4
(a) is taken to be a part of the permit; and 5
(b) is taken to have been made by the entity that gave the 6
permit; and 7
(c) takes effect when the notice under subsection (5) is 8
given. 9
(7) If an entity that gave a compliance permit is given a notice 10
under subsection (5), the entity must keep the notice available 11
for inspection and purchase under the Sustainable Planning 12
Act. 13
(8) If there is an inconsistency between the amendment and the 14
compliance permit, the amendment prevails to the extent of 15
the inconsistency. 16
(9) This section applies despite sections 89, 90 and 91. 17
(10) In this section-- 18
existing, for a development approval or a compliance permit, 19
means a development approval or compliance permit in effect 20
for development in a reconstruction area, or part of a 21
reconstruction area, immediately before a development 22
scheme takes effect for the area or part. 23
Subdivision 6 Community infrastructure 24
designations 25
93 Community infrastructure designations 26
(1) A community infrastructure designation can not be made for 27
land to which a development scheme applies. 28
(2) However, a community infrastructure designation in force 29
immediately before a development scheme takes effect for 30
land continues in force for the land. 31
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Queensland Reconstruction Authority Bill 2011
Part 6 Development schemes
[s 94]
(3) Subsection (1) applies, despite the Sustainable Planning Act, 1
chapter 5. 2
94 How IDAS applies to land under community 3
infrastructure designation 4
Development on land under a community infrastructure 5
designation that is in force immediately before a development 6
scheme takes effect is exempt development under the 7
Sustainable Planning Act, to the extent the development is 8
self-assessable development, development requiring 9
compliance assessment or assessable development under the 10
development scheme. 11
Subdivision 7 Miscellaneous provision 12
95 Planning and Environment Court may make declarations 13
(1) The authority may bring a proceeding in the Planning and 14
Environment Court for a declaration about-- 15
(a) a matter done, to be done or that should have been done 16
for this Act; or 17
(b) the interpretation of this Act; or 18
(c) the lawfulness of land use or development-- 19
(i) for a declared project; or 20
(ii) in a reconstruction area. 21
(2) The court may make-- 22
(a) a declaration about a matter mentioned in subsection 23
(1); or 24
(b) an order about the declaration. 25
(3) In this section-- 26
Planning and Environment Court means the Planning and 27
Environment Court under the Sustainable Planning Act. 28
Page 56
Queensland Reconstruction Authority Bill 2011
Part 7 Undertaking works, taking land, dealing with roads and application of particular laws
[s 96]
Part 7 Undertaking works, taking 1
land, dealing with roads and 2
application of particular laws 3
Division 1 Provisions about undertaking 4
works 5
96 Direction for authority to undertake works 6
(1) This section applies if the Minister is satisfied that, for the 7
effective and efficient carrying out of the authority's 8
reconstruction function, it is necessary or desirable for 9
particular works to be undertaken by the authority. 10
(2) A regulation may direct the authority to undertake the works. 11
(3) If a regulation directs the authority to undertake the works, the 12
State Development Act, sections 110, 111(2) to (4) and 112 13
apply in relation to the direction as if-- 14
(a) the references in the sections to section 109 were a 15
reference to this section; and 16
(b) the references in the sections to the Coordinator-General 17
were references to the authority; and 18
(c) the reference in section 110(1) of that Act to `or other 19
person directed under the section' were omitted; and 20
(d) the reference in section 110(2) of that Act to `or by 21
another person on behalf of the Coordinator-General' 22
were omitted. 23
97 Application of State Development Act for transfer of 24
authorised works 25
The State Development Act, section 134 applies in relation to 26
to authorised works under this Act as if-- 27
(a) the references in the section to the Coordinator-General 28
were references to the authority; and 29
Page 57
Queensland Reconstruction Authority Bill 2011
Part 7 Undertaking works, taking land, dealing with roads and application of particular laws
[s 98]
(b) the references in the section to authorised works were 1
references to authorised works under this Act; and 2
(c) the reference in section 134(2) of that Act to the 3
Minister were a reference to the Minister administering 4
this Act. 5
98 Application of State Development Act for works on 6
foreshore or under waters 7
For the effective and efficient carrying out of the authority's 8
reconstruction function, the State Development Act, section 9
140 applies to the authority as if the references in the section 10
to the Coordinator-General were references to the authority. 11
Division 2 Provisions about taking land and 12
entry to land 13
99 Authority's power to take land 14
(1) The authority may, as provided under this section, take land 15
for any of the following purposes-- 16
(a) to carry out authorised works; 17
(b) to implement a development scheme for a declared 18
project or a reconstruction area; 19
(c) to carry out the authority's reconstruction function; 20
(d) to comply with section 100(3). 21
(2) The Acquisition of Land Act 1967 (the ALA) applies for 22
taking land under subsection (1) and paying compensation for 23
the land taken as if-- 24
(a) the taking were a taking under the ALA by a 25
constructing authority; and 26
(b) the constructing authority were the authority; and 27
(c) the reference in the ALA, section 5(1)(c) to the taking of 28
land for a purpose stated in the schedule to that Act were 29
Page 58
Queensland Reconstruction Authority Bill 2011
Part 7 Undertaking works, taking land, dealing with roads and application of particular laws
[s 100]
a reference to the taking of land for a purpose mentioned 1
in subsection (1); and 2
(d) the reference in the ALA, section 9 to the Minister were 3
a reference to the Minister administering this Act. 4
(3) For applying the process for taking land and paying 5
compensation, the ALA applies with all other necessary 6
changes. 7
(4) The power to take land under this section for a purpose (the 8
primary purpose) includes power to take land at any time, 9
either for the primary purpose or for any purpose incidental to 10
the carrying out of the primary purpose. 11
(5) This section does not limit the power of a constructing 12
authority under the ALA to take land under that Act. 13
(6) To remove any doubt, it is declared that the taking of land 14
under this section is not a taking of land under the ALA, even 15
though the process for taking the land and paying 16
compensation for the land is the process stated in that Act. 17
100 When authority or local government must take land 18
(1) This section applies if an owner of acquisition land is given a 19
notice under section 44(1)(a) (the relevant notice). 20
(2) The owner must not dispose of the acquisition land other than 21
to the entity (the relevant entity) stated in the relevant notice 22
for the purpose of this section. 23
Maximum penalty--165 penalty units. 24
(3) If the owner of the land gives the relevant entity a notice that 25
the owner proposes to sell the land, the entity must acquire the 26
land from the owner-- 27
(a) if the entity is the authority--in the way provided for 28
under section 99; or 29
Note-- 30
Under section 102, land taken by the authority may be vested in 31
a government entity, GOC or local government. 32
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Part 7 Undertaking works, taking land, dealing with roads and application of particular laws
[s 101]
(b) if the entity is a local government--in the way provided 1
for under the Acquisition of Land Act 1967. 2
(4) If any transaction is entered into in contravention of 3
subsection (2), the transaction is not invalid, and the new 4
owner is taken to have been given notice under section 5
44(1)(a). 6
(5) This section does not limit the authority's power to take the 7
land for a purpose mentioned in section 99(1)(a) to (c). 8
101 Authority's power to take public utility easement 9
(1) The authority's power under section 99 to take land for a 10
purpose mentioned in section 99(1), includes the power to 11
create, by registration, a public utility easement over the land 12
under the Land Title Act 1994, part 6, division 4. 13
(2) For the Land Title Act 1994, section 89, the person for whom 14
the land is to be taken under section 99 is taken to be a public 15
utility provider. 16
(3) The easement may be registered under the Land Title Act 17
1994 without the document having been signed by the owner 18
of the land to be burdened by the easement. 19
(4) Subsection (3) applies despite the Land Title Act 1994, section 20
83(1). 21
102 Vesting of land taken 22
(1) Land taken by the authority under this division vests, as 23
provided for in the instrument under which it is taken, in the 24
State, the authority, a government entity, GOC or local 25
government. 26
(2) A regulation may divest any land from the authority and vest 27
the land in the State, a government entity, GOC or local 28
government. 29
(3) The State Development Act, section 128(3) applies to land 30
taken by the authority and vested in the State as if-- 31
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Part 7 Undertaking works, taking land, dealing with roads and application of particular laws
[s 103]
(a) the reference in the subsection to the 1
Coordinator-General were a reference to the authority; 2
and 3
(b) the reference in the subsection to the proclamation were 4
a reference to the instrument; and 5
(c) the reference in the subsection to the works or purposes 6
were a reference to the purposes. 7
103 Power to use, lease or dispose of land 8
The authority may, to give effect to a purpose mentioned in 9
section 99(1), do any or all of the following-- 10
(a) lease, or agree to lease, to any person land taken, or 11
proposed to be taken, under this division; 12
(b) sign an agreement with any person to carry out, own, 13
operate and maintain any works or development on land 14
taken, or proposed to be taken, under this division; 15
(c) sign an agreement with any person in relation to works 16
or development for land taken, or proposed to be taken, 17
under this division; 18
(d) sell land taken, or agree to sell land to be taken, under 19
this division. 20
104 Application of other provisions of the State Development 21
Act about the taking of land 22
The State Development Act, sections 130, 132 and 133 apply 23
in relation to the taking of land by the authority under this 24
division as if-- 25
(a) the references in the sections to the Coordinator-General 26
were references to the authority; and 27
(b) the reference in section 130(1) of that Act to the 28
proclamation were a reference to the instrument; and 29
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Queensland Reconstruction Authority Bill 2011
Part 7 Undertaking works, taking land, dealing with roads and application of particular laws
[s 105]
(c) the references in sections 130 and 133 of that Act to 1
`this Act' were references to `the Queensland 2
Reconstruction Authority Act 2011'. 3
105 Application of provisions of the State Development Act 4
about entry to land 5
(1) An authorised person may, to undertake authorised works, 6
exercise a power stated in the State Development Act, section 7
136(1)(a) to (f) in relation to land. 8
(2) For subsection (1), the State Development Act, section 9
136(1)(f) applies as if-- 10
(a) the reference in that paragraph to the 11
Coordinator-General were a reference to the authority; 12
and 13
(b) the reference in that paragraph to officers or employees 14
were a reference to authorised persons. 15
(3) The State Development Act, section 136(2) to (4) applies to 16
the exercise of a power mentioned in subsection (1) as if-- 17
(a) the reference in section 136(4) of that Act to the 18
Coordinator-General were a reference to the authority; 19
and 20
(b) the reference in section 136(4) of that Act to `or his or 21
her delegate' were omitted. 22
(4) Also, the State Development Act, section 139(1), (2), (3) and 23
(5) applies to the exercise of a power mentioned in subsection 24
(1) as if-- 25
(a) the references in the subsections to section 136 included 26
a reference to section 136 as applied under this section; 27
and 28
(b) the reference in section 139(5) of that Act to the 29
Coordinator-General were a reference to the authority. 30
(5) The authority may, by notice in writing given to an 31
appropriately qualified person, authorise the person to 32
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Queensland Reconstruction Authority Bill 2011
Part 7 Undertaking works, taking land, dealing with roads and application of particular laws
[s 106]
exercise a power under the State Development Act, section 1
136(1)(a) to (f) as applied under this section. 2
(6) In exercising or attempting to exercise a power mentioned in 3
subsection (1) at a place, the authorised person must take all 4
reasonable steps to ensure the authorised person causes as 5
little inconvenience to any person at the place, and does as 6
little damage, as is practicable in the circumstances. 7
(7) In this section-- 8
appropriately qualified, for the exercise of a power, means 9
having the qualifications, experience or standing appropriate 10
to exercise the power. 11
Example of standing-- 12
a person's classification or level in a department 13
land does not include a part of a place where a person resides. 14
Division 3 Dealing with roads 15
106 Roads and road closures 16
(1) The authority may perform functions or exercise powers for a 17
road in a reconstruction area that the authority considers 18
necessary or desirable to perform its other functions. 19
(2) Without limiting subsection (1), the authority may, by gazette 20
notice, permanently or temporarily close all or part of a road 21
in a reconstruction area. 22
(3) Before the closing of the road takes effect, the authority must 23
publish a notice the authority considers appropriate about the 24
closure in a newspaper circulating in the reconstruction area. 25
(4) Failure to comply with subsection (3) does not invalidate the 26
closure. 27
(5) The authority may do everything necessary to stop traffic 28
using a road or part of a road closed under this section. 29
(6) To remove any doubt, it is declared that this section applies-- 30
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Queensland Reconstruction Authority Bill 2011
Part 7 Undertaking works, taking land, dealing with roads and application of particular laws
[s 107]
(a) whether or not a road is a State-controlled road under 1
the Transport Infrastructure Act 1994; and 2
(b) whether or not the Land Act 1994 applies to a road. 3
107 Power to vest land in permanently closed road or 4
unallocated State land in reconstruction areas 5
(1) The Authority may, by gazette notice, declare that any of the 6
following land in a reconstruction area is vested, in fee 7
simple, in the authority-- 8
(a) land that comprised a road under the Land Act 1994 that 9
has been permanently closed under section 106; 10
(b) unallocated State land under the Land Act 1994. 11
(2) The chief executive of the department in which the Land Act 12
1994 is administered must, under that Act, register the vesting 13
if the authority lodges in the land registry under that Act-- 14
(a) a request under that Act to register the vesting; and 15
(b) if that chief executive so requires--a plan of subdivision 16
under that Act for the land the subject of the vesting; and 17
(c) a copy of the gazette notice. 18
(3) On the registration of the request to vest, the Governor in 19
Council may issue to the authority a deed of grant under the 20
Land Act 1994 for the land the subject of the vesting. 21
(4) Despite the Land Act 1994 and the Land Title Act 1994, no fee 22
is payable by the authority in relation to the registration of the 23
vesting or to give effect to it. 24
108 Giving information about roads to relevant local 25
government 26
(1) This section applies if the authority performs a function or 27
exercises a power relating to a road or former road in a 28
reconstruction area. 29
(2) The authority must give the relevant local government the 30
information the authority has to allow the local government to 31
Page 64
Queensland Reconstruction Authority Bill 2011
Part 8 Direction to take action about local planning instruments
[s 109]
comply with its obligation for its map and register of roads 1
under the Local Government Act 2009, section 74. 2
Division 4 Application of other laws 3
109 Application of State Development Act, pt 7 4
The State Development Act, sections 154 to 156 apply in 5
relation to works undertaken by the authority or chief 6
executive officer as if-- 7
(a) a reference in section 154 or 155 to the 8
Coordinator-General included a reference to the 9
authority or chief executive officer; and 10
(b) the reference in section 155 to `or the 11
Coordinator-General's delegate' were omitted. 12
110 Application of Sustainable Planning Act 13
Despite the Sustainable Planning Act, section 14(1), that Act 14
does not bind the authority or chief executive officer in 15
relation to the authority's or chief executive officer's functions 16
or powers under this Act. 17
Part 8 Direction to take action about 18
local planning instruments 19
111 Procedures before exercising particular power 20
(1) Before a power is exercised under section 112, the Minister 21
must give notice of the proposed exercise of the power to the 22
local government to be affected by the exercise of the power. 23
(2) However, notice need not be given if the power is proposed to 24
be exercised at the local government's request. 25
Page 65
Queensland Reconstruction Authority Bill 2011
Part 8 Direction to take action about local planning instruments
[s 112]
(3) The notice must state-- 1
(a) the reasons for the proposed exercise of the power; and 2
(b) a period within which the local government may make 3
submissions to the Minister about the proposed exercise 4
of the power. 5
(4) The Minister must consider any submissions made under 6
subsection (3) and advise the local government that the 7
Minister has decided-- 8
(a) not to exercise the power; or 9
(b) to exercise the power. 10
(5) If the Minister decides to exercise the power, the Minister 11
must advise the local government the reasons for deciding to 12
exercise the power. 13
112 Power of Minister to direct local government to take 14
particular action about local planning instrument 15
(1) This section applies if the Minister is satisfied it is necessary 16
to give a direction to a local government to ensure the main 17
purpose of this Act is achieved. 18
(2) The Minister may direct the local government to take an 19
action in relation to-- 20
(a) a local planning instrument; or 21
(b) a proposed local planning instrument; or 22
(c) a proposed amendment of a local planning instrument. 23
Example for paragraph (c)-- 24
an amendment to include a structure plan for a declared master 25
planned area under the Sustainable Planning Act 26
(3) The direction may be as general or specific as the Minister 27
considers appropriate and must state the reasonable period 28
within which the local government must comply with the 29
direction. 30
(4) Without limiting subsection (2), the direction may require the 31
local government to-- 32
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Queensland Reconstruction Authority Bill 2011
Part 8 Direction to take action about local planning instruments
[s 113]
(a) review its planning scheme; or 1
(b) make a planning scheme or amend its planning scheme; 2
or 3
(c) make or repeal a temporary local planning instrument; 4
or 5
(d) make, amend or repeal a planning scheme policy. 6
(5) In this section-- 7
planning scheme see the Sustainable Planning Act, section 8
79. 9
planning scheme policy see the Sustainable Planning Act, 10
section 108. 11
temporary local planning instrument see the Sustainable 12
Planning Act, section 101. 13
113 Power of Minister if local government does not comply 14
with direction 15
(1) If the local government does not comply with the Minister's 16
direction under section 112 within the reasonable period 17
stated in the notice, the Minister may take the action the 18
Minister directed the local government to take. 19
(2) Anything done by the Minister under subsection (1) is taken 20
to have been done by the local government and has the same 21
effect as it would have if the local government had done it. 22
(3) An expense reasonably incurred by the Minister in taking an 23
action under subsection (1) may be recovered from the local 24
government as a debt owing to the State. 25
114 Minister to give notice of direction 26
If the Minister gives a local government a direction under 27
section 112, the Minister must ensure a copy of the direction 28
is given to the chief executive of the department in which the 29
Sustainable Planning Act is administered. 30
Page 67
Queensland Reconstruction Authority Bill 2011
Part 9 General offence provisions and legal proceedings
[s 115]
Part 9 General offence provisions and 1
legal proceedings 2
Division 1 Offences 3
115 Duty to act honestly 4
(1) This section applies to a person who is a member of the board 5
or an officer of the authority. 6
(2) The person must at all times act honestly in the exercise of the 7
person's powers and the performance of the person's 8
functions. 9
Maximum penalty--200 penalty units. 10
116 Disclosure of information 11
A person must not disclose information obtained in the 12
administration of this Act, or another Act giving functions to 13
the authority, unless the disclosure is made-- 14
(a) with the agreement of the person from whom the 15
information was obtained; or 16
(b) for the administration of this Act or another Act giving 17
functions to the authority; or 18
(c) in legal proceedings; or 19
(d) under the Crime and Misconduct Act 2001 or the 20
Ombudsman Act 2001; or 21
(e) with another lawful excuse. 22
Maximum penalty--100 penalty units. 23
Page 68
Queensland Reconstruction Authority Bill 2011
Part 9 General offence provisions and legal proceedings
[s 117]
117 False or misleading information 1
(1) A person must not, for the purposes of this Act, state anything 2
the person knows is false or misleading in a material 3
particular. 4
Maximum penalty--200 penalty units. 5
(2) It is enough for a complaint against a person for an offence 6
against subsection (1) to state that the statement made was 7
false or misleading to the person's knowledge. 8
118 False or misleading documents 9
(1) A person must not, for the purposes of this Act, give the 10
authority a document containing information the person 11
knows is false, misleading or incomplete in a material 12
particular. 13
Maximum penalty--200 penalty units. 14
(2) It is enough for a complaint against a person for an offence 15
against subsection (1) to state that the document was false, 16
misleading or incomplete to the person's knowledge. 17
119 Obstructing authorised person 18
(1) A person must not obstruct an authorised person who is 19
exercising a power under this Act, unless the person has a 20
reasonable excuse. 21
Maximum penalty--100 penalty units. 22
(2) In this section-- 23
obstruct includes hinder and attempt to obstruct or hinder. 24
Page 69
Queensland Reconstruction Authority Bill 2011
Part 9 General offence provisions and legal proceedings
[s 120]
Division 2 Legal proceedings 1
Subdivision 1 Evidence 2
120 Application of sdiv 1 3
This subdivision applies to a proceeding under this Act. 4
121 Appointments and authority 5
The following must be presumed unless a party to the 6
proceeding, by reasonable notice, requires proof of it-- 7
(a) the appointment of-- 8
(i) the chairperson; or 9
(ii) an authorised person; 10
(b) the authority of a person to do anything under this Act. 11
122 Signatures 12
A signature purporting to be the signature of the chairperson 13
or the chief executive officer is evidence of the signature it 14
purports to be. 15
123 Other evidentiary aids 16
(1) In a proceeding, a certificate purporting to be that of the chief 17
executive officer stating any of the following matters is 18
evidence of the matter-- 19
(a) a stated document is an appointment or notice made or 20
given under this Act; 21
(b) a stated document is a document given to the authority 22
or chief executive officer; 23
(c) a stated document is a copy of a document mentioned in 24
paragraph (a) or (b). 25
Page 70
Queensland Reconstruction Authority Bill 2011
Part 10 Miscellaneous provisions
[s 124]
(2) A statement in a complaint for an offence against this Act that 1
the matter of the complaint came to the complainant's 2
knowledge on a stated day is evidence of when the matter 3
came to the complainant's knowledge. 4
Subdivision 2 Offence proceedings 5
124 Summary offences 6
An offence against this Act is a summary offence. 7
125 Limitation on time for starting proceeding for summary 8
offence 9
A summary proceeding under the Justices Act 1886 for a 10
summary offence must start within whichever is the longer of 11
the following-- 12
(a) 1 year after the commission of the offence; 13
(b) 6 months after the offence comes to the complainant's 14
knowledge, but within 2 years after the commission of 15
the offence. 16
Part 10 Miscellaneous provisions 17
Division 1 Duty to cooperate and requesting 18
information 19
126 Extension of duty to cooperate under State Development 20
Act, s 13 21
(1) This section applies to an entity on whom a duty is imposed, 22
under the State Development Act, section 13(1), to cooperate 23
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Queensland Reconstruction Authority Bill 2011
Part 10 Miscellaneous provisions
[s 127]
with the Coordinator-General in the performance of the 1
Coordinator-General's functions and duties under that Act. 2
(2) The entity is also taken to be subject to a duty to cooperate 3
with the authority in the performance of the authority's 4
functions and the exercise of its powers under this Act. 5
(3) The State Development Act, section 13(2) applies to the entity 6
as if-- 7
(a) a reference in the subsection to the Coordinator-General 8
were a reference to the authority; and 9
(b) the reference in section 13(2)(b) to `the State or within 10
any area over which the State claims jurisdiction' were a 11
reference to a reconstruction area; and 12
(c) the reference in section 13(2)(c) to the functions or 13
duties of the Coordinator-General were a reference to 14
the functions or powers of the authority. 15
127 Information requirement made by authority--general 16
(1) The authority may, by notice, ask a relevant entity or other 17
person to give the authority information, other than personal 18
information, in the entity's or person's possession or control 19
that the authority reasonably requires for the effective and 20
efficient carrying out of the authority's functions. 21
(2) If the authority asks an entity or other person for information 22
under this section, the entity or person must comply with the 23
request. 24
Maximum penalty--100 penalty units. 25
(3) For subsection (1), information is not taken to be in the 26
entity's or person's control merely because of an agreement 27
between the entity or person (the first person) and anyone else 28
(the second person) under which the second person must give 29
the information to the first person. 30
(4) This section does not limit section 126. 31
(5) In this section-- 32
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Queensland Reconstruction Authority Bill 2011
Part 10 Miscellaneous provisions
[s 128]
personal information means information or an opinion, 1
including information or an opinion forming part of a 2
database, whether true or not, about an individual whose 3
identity is apparent, or can reasonably be ascertained from the 4
information or opinion. 5
relevant entity means a government entity, GOC or local 6
government. 7
128 Information requirement made by authority--prescribed 8
decisions 9
(1) The authority may ask a relevant person for a prescribed 10
decision to give the authority information it reasonably 11
requires-- 12
(a) to decide whether to give a progression notice, a notice 13
to decide or a step-in notice for the decision; or 14
(b) to make an assessment and a decision about the 15
prescribed decision under this Act; or 16
(c) to undertake a prescribed process. 17
(2) The relevant person must comply with a request under 18
subsection (1). 19
(3) This section does not limit section 126. 20
(4) In this section-- 21
relevant person, for a prescribed decision, means the 22
applicant for the decision or another entity the authority 23
reasonably considers has information that may help it act on 24
the matters mentioned in subsection (1)(a) or (b). 25
129 Giving of information protected 26
(1) This section applies if a person, acting honestly, gives 27
information or a record (the information) to the authority-- 28
(a) in compliance with this division; or 29
(b) otherwise under this Act. 30
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Queensland Reconstruction Authority Bill 2011
Part 10 Miscellaneous provisions
[s 130]
(2) The person is not liable, civilly, criminally or under an 1
administrative process, for giving the information. 2
(3) Also, merely because the person gives the information, the 3
person can not be held to have-- 4
(a) breached any code of professional etiquette or ethics; or 5
(b) departed from accepted standards of professional 6
conduct. 7
130 Interaction with other laws 8
(1) This division does not limit a power or obligation under 9
another Act or law to give information. 10
(2) This division applies to information despite any other law that 11
would otherwise prohibit or restrict the giving of the 12
information. 13
Division 2 Dealing with land held by authority 14
on expiry of Act 15
131 Vesting of land in Coordinator-General 16
(1) This section applies to land held by the authority on the expiry 17
day. 18
(2) On the expiry day, the land is taken to have been divested 19
from the authority and vested in the Coordinator-General. 20
(3) In this section-- 21
expiry day means the day this Act expires. 22
Page 74
Queensland Reconstruction Authority Bill 2011
Part 10 Miscellaneous provisions
[s 132]
Division 3 Other miscellaneous provisions 1
132 Delegations 2
(1) The chief executive officer may delegate his or her functions 3
under this Act to an appropriately qualified senior executive 4
under the Public Service Act 2008. 5
(2) In this section-- 6
appropriately qualified includes having qualifications, 7
experience or standing appropriate for the function. 8
functions includes powers. 9
133 Protecting officials from liability 10
(1) An official is not civilly liable for an act done, or omission 11
made, honestly and without negligence under this Act. 12
(2) If subsection (1) prevents a civil liability attaching to an 13
official, the liability attaches instead to the State. 14
(3) In this section-- 15
official means any of the following when performing a 16
function or exercising a power under this Act-- 17
(a) the Minister; 18
(b) a member of the board; 19
(c) an authorised person or another officer of the authority. 20
134 Ministerial access to information 21
(1) The Minister may by notice require the authority to give the 22
Minister stated information or stated documents, or copies of 23
documents, in the authority's possession. 24
(2) The authority must comply with the requirement. 25
Page 75
Queensland Reconstruction Authority Bill 2011
Part 10 Miscellaneous provisions
[s 135]
135 Authority's guidelines 1
(1) The authority may make guidelines (each an authority 2
guideline), consistent with this Act, to provide guidance to 3
persons about matters relating to the operation of the Act or 4
the authority. 5
(2) An authority guideline may be amended or replaced by a later 6
guideline made under this section. 7
(3) The authority must-- 8
(a) give a copy of an authority guideline to a person on 9
request; and 10
(b) keep a copy of each guideline on the authority's website. 11
136 Application of provisions 12
(1) This section applies if a provision of this Act applies to 13
another law, or a provision of another law, (each the applied 14
law) for a purpose. 15
(2) The applied law and any definition relevant to it apply with 16
necessary changes. 17
(3) Subsection (2) is not limited merely because a provision states 18
how the applied law is to apply. 19
137 Approved forms 20
The authority may approve forms for use under this Act. 21
138 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 contravention of a regulation. 26
Page 76
Queensland Reconstruction Authority Bill 2011
Part 11 Expiry of Act
[s 139]
Part 11 Expiry of Act 1
139 Expiry 2
This Act expires 2 years after the day it commences. 3
Part 12 Amendment of Acts 4
Division 1 Amendment of this Act 5
140 Act amended 6
This division amends this Act. 7
141 Amendment of long title 8
Long title, from `, and to amend'-- 9
omit. 10
Division 2 Amendment of Building Act 1975 11
142 Act amended 12
This division amends the Building Act 1975. 13
143 Amendment of s 231B (What is a regulated pool) 14
Section 231B(3), from `on common'-- 15
omit, insert-- 16
`on either of the following if an approved pool safety 17
management plan is in force for the pool-- 18
Page 77
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 144]
(a) common property in a class 3 building, including a class 1
3 building that is to be constructed; 2
(b) land adjacent to land on which a class 3 building is, or is 3
to be, constructed and that is-- 4
(i) in the same ownership as the building; or 5
(ii) used in association with the building.'. 6
144 Replacement of s 245J (Application of div 6) 7
Section 245J-- 8
omit, insert-- 9
`245J Application of div 6 10
`This division applies to the owner of a swimming pool that is 11
situated on-- 12
(a) common property in a class 3 building, including a class 13
3 building that is to be constructed; or 14
(b) land adjacent to land on which a class 3 building is, or is 15
to be, constructed and that is-- 16
(i) in the same ownership as the building; or 17
(ii) used in association with the building.'. 18
145 Amendment of s 245M (Application for approval) 19
Section 245M(3), after `around the pool'-- 20
insert-- 21
`, including, for example, providing for an on-site lifeguard 22
for the pool'. 23
146 Insertion of new ch 11, pt 11 24
Chapter 11-- 25
insert-- 26
Page 78
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 146]
`Part 11 Transitional and validation 1
provisions for Queensland 2
Reconstruction Authority Act 3
2011 4
`301 Definition for pt 11 5
`In this part-- 6
exemption period means the period-- 7
(a) starting on 8 January 2011; and 8
(b) ending on 8 July 2011. 9
relevant building surveying technician means a person 10
who-- 11
(a) was a building surveying technician immediately before 12
1 January 2010; or 13
(b) was issued with a licence or a renewed licence on a 14
decision for an application mentioned in section 287(1). 15
relevant certifying function means a building certifying 16
function for a building or structure having a rise of no more 17
than 2 storeys and a total floor area no more than 500m2. 18
`302 Modified application of ch 8 provisions 19
`(1) Subsection (2) applies to a relevant regulated pool if, but for 20
the subsection, the pool safety standard application day for the 21
pool would happen, or would have happened, during the 22
exemption period because an accommodation agreement is or 23
was entered into. 24
`(2) Section 231A, definition pool safety standard application day, 25
paragraphs (b), (c) and (e) apply, and are taken to have 26
applied, to the pool as if the references in the paragraphs to 27
`the day an accommodation agreement is entered into' were a 28
reference to `the day, not being a day during the exemption 29
period, an accommodation agreement is entered into'. 30
Page 79
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 146]
`(3) Section 246ATG does not apply, and is taken not to have 1
applied, to the owner of regulated premises for an 2
accommodation agreement entered into by the owner during 3
the exemption period. 4
`(4) Section 246ATL does not apply, and is taken not to have 5
applied, to a licensee under that section in relation to activities 6
carried out by the licensee for an accommodation agreement 7
entered into during the exemption period. 8
`(5) In this section-- 9
pool safety standard application day see section 231A. 10
regulated pool see section 231B. 11
relevant regulated pool means a regulated pool-- 12
(a) in existence on the 2010 Act commencement day; and 13
(b) to which section 231A, definition pool safety standard 14
application day, paragraph (b), (c) or (e) applies. 15
`303 Offence about entering into accommodation 16
agreement 17
`(1) This section applies to the owner of regulated premises during 18
the exemption period if-- 19
(a) section 302(3) applies to the owner; and 20
(b) the owner does not have a pool safety certificate for a 21
relevant regulated pool for the premises that is not a 22
shared pool. 23
`(2) The owner must, before entering into an accommodation 24
agreement for the premises, give the person who will be the 25
occupier of the premises under the agreement a notice in the 26
approved form. 27
Maximum penalty--165 penalty units. 28
Page 80
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 147]
`304 Additional role of relevant building surveying 1
technician 2
`A relevant building surveying technician may, while 3
employed by a local government, perform a relevant 4
certifying function. 5
`305 Validation of relevant building surveying technician 6
function 7
`(1) This section applies to a relevant certifying function 8
performed by a relevant building surveying technician 9
between 1 January 2010 and the day this section commences. 10
`(2) The relevant certifying function is taken to be, and have 11
always been, validly performed by the relevant building 12
surveying technician.'. 13
147 Amendment of sch 2 (Dictionary) 14
(1) Schedule 2-- 15
insert-- 16
`exemption period, for chapter 11, part 11, see section 301. 17
relevant building surveying technician, for chapter 11, part 18
11, see section 301. 19
relevant certifying function, for chapter 11, part 11, see 20
section 301.'. 21
(2) Schedule 2, definition accommodation agreement, `, for 22
chapter 8,'-- 23
omit. 24
(3) Schedule 2, definition regulated premises, `, for chapter 8, 25
part 4, division 5,'-- 26
omit. 27
Page 81
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 148]
Division 3 Amendment of Disaster 1
Management Act 2003 2
148 Act amended 3
This division amends the Disaster Management Act 2003. 4
149 Insertion of new s 20B 5
After section 20A-- 6
insert-- 7
`20B Chairperson may give notice about deemed 8
approvals under Sustainable Planning Act 9
`(1) This section applies-- 10
(a) if there is a disaster situation; and 11
(b) despite the Sustainable Planning Act. 12
`(2) The chairperson of the State group may give a written notice 13
to a relevant local government for the disaster situation stating 14
that the deemed approval provisions do not apply to a 15
development application (an affected application) made to the 16
local government but not decided before the day the local 17
government receives the notice. 18
`(3) The chairperson may give the notice only if satisfied the 19
giving of the notice is appropriate having regard to the effect 20
on the relevant local government of the disaster for which the 21
disaster situation has been declared. 22
`(4) The notice must state a day (the stated day), being not more 23
than 20 business days after the disaster situation ends, the 24
notice ceases to have effect. 25
`(5) As soon as practicable after giving a notice to a local 26
government under subsection (2), the chairperson must 27
publish, in a newspaper circulating in the local government's 28
local government area, a notice stating-- 29
(a) that the notice under subsection (2) has been given to the 30
local government; and 31
Page 82
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 150]
(b) how the notice affects development applications made to 1
the local government. 2
`(6) If a notice is given to a local government under subsection 3
(2)-- 4
(a) the deemed approval provisions are taken not to apply to 5
an affected application-- 6
(i) from the day the local government receives the 7
notice; and 8
(ii) to the end of the stated day; and 9
(b) the applicant for the affected application can not give a 10
deemed approval notice under the Sustainable Planning 11
Act for the application until after the end of the stated 12
day; and 13
(c) a deemed approval notice given, or purportedly given, 14
under the Sustainable Planning Act for the application 15
after the day the local government receives the notice 16
under subsection (2), and before the stated day ends, is 17
taken to be of no effect under that Act. 18
`(7) In this section-- 19
deemed approval provisions means the Sustainable Planning 20
Act, chapter 6, part 5, division 3, subdivision 4. 21
development application see the Sustainable Planning Act, 22
schedule 3. 23
relevant local government, for a disaster situation, means a 24
local government in whose local government area the declared 25
area, or part of the declared area, for the disaster situation is 26
situated. 27
Sustainable Planning Act means the Sustainable Planning 28
Act 2009.'. 29
150 Amendment of s 67 (Extending disaster situation) 30
Section 67(3), `14 days'-- 31
Page 83
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 151]
omit, insert-- 1
`28 days'. 2
151 Amendment of s 72 (Extending disaster situation) 3
Section 72(3), `14 days'-- 4
omit, insert-- 5
`28 days'. 6
Division 4 Amendment of Integrity Act 2009 7
152 Act amended 8
This division amends the Integrity Act 2009. 9
153 Amendment of sch 1 (Statutory office holders for section 10
72C) 11
Schedule 1-- 12
insert-- 13
`Queensland Reconstruction Authority Act 2011 14
· the chief executive officer of the Queensland Reconstruction 15
Authority'. 16
Division 5 Amendment of Land Valuation Act 17
2010 18
154 Act amended 19
This division amends the Land Valuation Act 2010. 20
155 Amendment of s 76 (Unprotected valuation roll 21
information to be available for inspection) 22
Section 76-- 23
Page 84
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 156]
insert-- 1
`(5) Despite subsection (2)(b), information about annual 2
valuations that are to take effect on 30 June 2011-- 3
(a) may be made available after the date that is 3 months 4
before 30 June 2011; but 5
(b) must be made available before 30 June 2011. 6
`(6) Subsection (5) and this subsection expire on 30 June 2011.'. 7
156 Amendment of s 79 (Valuation notice to owner) 8
Section 79-- 9
insert-- 10
`(4) Despite subsection (2), notice of an annual valuation that is to 11
take effect on 30 June 2011-- 12
(a) may be given after 31 March 2011; but 13
(b) must be given before 30 June 2011. 14
`(5) Subsection (4) and this subsection expire on 30 June 2011.'. 15
157 Amendment of s 203 (Supplying copies of valuation roll) 16
Section 203-- 17
insert-- 18
`(5A) Despite subsection (3), for valuations recorded in the roll 19
document that will first take effect on 30 June 2011, 20
subsection (2)-- 21
(a) may be complied with after the date that is 3 months 22
before 30 June 2011; but 23
(b) must be complied with before 30 June 2011. 24
`(5B) Subsection (5A) and this subsection expire on 30 June 2011.'. 25
Page 85
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 158]
Division 6 Amendment of Public Service Act 1
2008 2
158 Act amended 3
This division amends the Public Service Act 2008. 4
159 Amendment of sch 1 (Public service offices and their 5
heads) 6
Schedule 1-- 7
insert-- 8
`Queensland Reconstruction Authority chief executive officer under
under the Queensland Reconstruction the Queensland
Authority Act 2011 Reconstruction Authority Act
2011'.
Division 7 Amendment of State Development 9
and Public Works Organisation Act 10
1971 11
160 Act amended 12
This division amends the State Development and Public 13
Works Organisation Act 1971. 14
161 Insertion of new pt 9, div 4 15
Part 9-- 16
insert-- 17
Page 86
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 161]
`Division 4 Transitional provisions for expiry of 1
Queensland Reconstruction 2
Authority Act 2011 3
`183 Definition for div 4 4
`In this division-- 5
Reconstruction Act means the Queensland Reconstruction 6
Authority Act 2011. 7
`184 Application of div 4 8
`This division applies on and after the day the Reconstruction 9
Act expires. 10
Note-- 11
The Reconstruction Act expires 2 years after the day it commences. 12
`185 Requirement for Coordinator-General to advise 13
registrar of titles 14
`(1) This section applies if land vests in the Coordinator-General 15
under the Reconstruction Act, section 131. 16
`(2) As soon as practicable after the land vests in the 17
Coordinator-General, the Coordinator-General must give 18
written notice of the vesting to the registrar of titles. 19
`(3) On receiving the notice, the registrar of titles must record in 20
the freehold land register that the land has vested in the 21
Coordinator-General. 22
`186 Dealing with acquisition land 23
`(1) The owner of acquisition land must not dispose of the land 24
other than to-- 25
(a) if the entity stated in the notice given under the 26
Reconstruction Act, section 44(1)(a)(ii) for the land (the 27
Page 87
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 161]
relevant notice) is the Queensland Reconstruction 1
Authority--the Coordinator-General; or 2
(b) if paragraph (a) does not apply--the local government 3
stated in the relevant notice for the land. 4
Maximum penalty--165 penalty units. 5
`(2) If subsection (1)(a) applies to the owner of acquisition land 6
and the owner gives the Coordinator-General a written notice 7
stating that the owner proposes to sell the land, the 8
Coordinator-General must acquire the land from the owner in 9
the way provided for under section 125 of this Act. 10
`(3) If subsection (1)(b) applies to the owner of acquisition land, 11
and the owner gives the local government stated in the 12
relevant notice for the land a written notice stating that the 13
owner proposes to sell the land, the local government must 14
acquire the land from the owner in the way provided for under 15
the Acquisition of Land Act 1967. 16
`(4) If any transaction is entered into in contravention of 17
subsection (1), the transaction is not invalid, and the new 18
owner is taken to have been given notice under the 19
Reconstruction Act, section 44(1)(a). 20
`(5) This section does not limit the Coordinator-General's power 21
to otherwise take the land under this Act. 22
`(6) In this section-- 23
acquisition land means land that, immediately before the 24
expiry of the Reconstruction Act, is land to which section 100 25
of that Act applies. 26
`187 Transitional regulation-making power 27
`(1) A regulation (a transitional regulation) may make provision 28
of a saving or transitional nature-- 29
(a) for which it is necessary to make provision to allow or 30
facilitate the doing of anything to achieve the transition 31
of provisions of the Reconstruction Act after it expires; 32
and 33
Page 88
Queensland Reconstruction Authority Bill 2011
Part 12 Amendment of Acts
[s 161]
(b) for which this Act or the Reconstruction Act does not 1
make provision or sufficient provision. 2
`(2) A transitional regulation may have retrospective operation to a 3
day that is not earlier than the day the Reconstruction Act 4
expires. 5
`(3) A transitional regulation must declare it is a transitional 6
regulation. 7
`(4) This section and any transitional regulation expire 1 year after 8
the day the Reconstruction Act expires.'. 9
Page 89
Queensland Reconstruction Authority Bill 2011
Schedule
Schedule Dictionary 1
section 5 2
acquisition land see section 43(4). 3
affected community means a community affected by a 4
disaster event. 5
affected owner, for a declared project or a reconstruction area, 6
means a person who owns land in, or that adjoins-- 7
(a) the area to which the declared project relates; or 8
(b) the reconstruction area. 9
applicant, for a prescribed decision or prescribed process, see 10
section 47. 11
assessment manager see the Sustainable Planning Act, 12
section 246(1). 13
authorised person means-- 14
(a) the chief executive officer; or 15
(b) an employee, or other member of staff, of the authority; 16
or 17
(c) another person authorised in writing under section 18
105(5). 19
authorised works means works authorised under this Act, or 20
the State Development Act as applied under this Act, to be 21
undertaken by the authority. 22
authority means the Queensland Reconstruction Authority 23
established under section 7. 24
board means the Queensland Reconstruction Board. 25
chairperson means the chairperson of the board. 26
chief executive officer means the chief executive officer 27
appointed under section 14. 28
Page 90
Queensland Reconstruction Authority Bill 2011
Schedule
community infrastructure means-- 1
(a) community infrastructure prescribed under the 2
Sustainable Planning Act, section 200; and 3
(b) other community infrastructure prescribed under a 4
regulation. 5
community infrastructure designation means a designation 6
of land for community infrastructure under the Sustainable 7
Planning Act. 8
compliance permit see the Sustainable Planning Act, section 9
394. 10
concurrence agency means a concurrence agency under the 11
Sustainable Planning Act. 12
convicted includes a finding of guilt or the acceptance of a 13
plea of guilty by a court, whether or not a conviction is 14
recorded. 15
Coordinator-General means the Coordinator-General under 16
the State Development Act. 17
critical infrastructure project, for part 5, see section 47. 18
decision-maker, for part 5, see section 47. 19
declaration, for part 5, see section 47. 20
declared project means a project declared under section 42 to 21
be a declared project. 22
development means development as defined under the 23
Sustainable Planning Act. 24
development application means a development application 25
under the Sustainable Planning Act. 26
development approval means a development approval under 27
the Sustainable Planning Act. 28
development scheme, for a declared project or a 29
reconstruction area, or part of a reconstruction area, is the 30
development scheme for the project or area made under 31
section 62, as amended from time to time under section 76. 32
disaster event see section 6. 33
Page 91
Queensland Reconstruction Authority Bill 2011
Schedule
government entity means an entity, other than a GOC, as 1
defined under the Public Service Act 2008, section 24. 2
IDAS means the system detailed in the Sustainable Planning 3
Act, chapter 6 for integrating State and local government 4
assessment and approval processes for development. 5
indictable offence means an offence for which a charge may 6
be laid by indictment or an equivalent process, whether that is 7
the only or an optional way to lay a charge of the offence. 8
infrastructure see the Sustainable Planning Act, schedule 3. 9
land use plan, for a development scheme, means the land use 10
plan included in the development scheme. 11
local planning instrument see the Sustainable Planning Act, 12
schedule 3. 13
member, of the board, see section 30(1). 14
notice means a notice in writing. 15
notice to decide, for part 5, see section 47. 16
officer, of the authority, means-- 17
(a) the chief executive officer; or 18
(b) an employee, or other member of staff, of the authority; 19
or 20
(c) an individual who performs services for the authority-- 21
(i) under a contract, other than a contract of 22
employment, between the individual and the 23
authority; or 24
(ii) under an arrangement between the authority and a 25
person (other than an individual). 26
owner, of land, means the person for the time being entitled to 27
receive the rent for the land or who would be entitled to 28
receive the rent for it if it were let to a tenant at a rent. 29
planning instrument see the Sustainable Planning Act, 30
schedule 3. 31
Page 92
Queensland Reconstruction Authority Bill 2011
Schedule
premises means-- 1
(a) a building or other structure; or 2
(b) land, whether or not a building or other structure is 3
situated on the land. 4
prescribed decision see section 47. 5
prescribed process see section 47. 6
progression notice, for part 5, see section 47. 7
Queensland Reconstruction Board see section 28. 8
reconstruction area means a part of the State declared to be a 9
reconstruction area under section 43. 10
reconstruction function, of the authority, means the function 11
of the authority mentioned in section 10(1)(g). 12
referral agency see the Sustainable Planning Act, section 252. 13
relevant law, for part 5, see section 47. 14
relevant local government, for a reconstruction area, land or a 15
development scheme, means each local government in whose 16
area the reconstruction area, the land, or the land to which the 17
development scheme applies is located. 18
road means-- 19
(a) an area of land dedicated to public use as a road; or 20
(b) an area of land that-- 21
(i) is developed for, or has as 1 of its main uses, the 22
driving or riding of motor vehicles; and 23
(ii) is open to or used by the public; or 24
(c) a bridge, culvert, ford, tunnel or viaduct; or 25
(d) a pedestrian or bicycle path; or 26
(e) a part of an area, bridge, culvert, ford, tunnel, viaduct or 27
path mentioned in any of paragraphs (a) to (d). 28
State Development Act means the State Development and 29
Public Works Organisation Act 1971. 30
step-in notice see section 47. 31
Page 93
Queensland Reconstruction Authority Bill 2011
Schedule
structure means anything built or constructed, whether or not 1
attached to land. 2
submission means a written submission. 3
submission period, for a proposed development scheme, see 4
section 66(1)(b). 5
submitted scheme see section 70(1). 6
Sustainable Planning Act means the Sustainable Planning 7
Act 2009. 8
© State of Queensland 2011
Page 94
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