Queensland Consolidated Acts

ECONOMIC DEVELOPMENT ACT 2012 - SECT 128

128 Direction to particular entities to provide or maintain infrastructure

(1) This section applies in relation to the following entities—

(a) a distributor-retailer;

(b) a government entity;

(c) a local government.

(2) MEDQ may give a written direction to the entity to provide or maintain stated infrastructure—

(a) in, or relating to, a stated priority development area; or

(b) on, or related to, PDA-associated land.

(3) However, the direction may be given only if—

(a) MEDQ is satisfied the provision or maintenance of the infrastructure by the entity is necessary for the proper and orderly planning, development and management of the priority development area or PDA-associated land; and

(b) MEDQ has taken reasonable steps to secure the provision or maintenance of the infrastructure by agreement with the entity.

(4) At least 20 business days before giving the direction, MEDQ must give written notice of the proposed direction to the entity.

(5) If the entity raises concerns or other issues relating to the proposed provision or maintenance of the infrastructure and MEDQ proceeds with giving the direction, the direction must include an explanation of how the concerns or other issues have been considered.

(6) The direction may include—

(a) conditions on which the provision or maintenance of the infrastructure must be carried out; and

(b) particular actions that the entity must take to give effect to the provision or maintenance of the infrastructure.

(7) The entity must comply with the direction.

(8) If a thing required to be done under the direction would, apart from this section, require a water approval, the thing may be done without a water approval.

(9) Subsections (7) and (8) apply despite any other Act or law.