On 1 July 2011 the Queensland Government released the Draft State Planning Regulatory Provision (adopted charges) which sets the maximum adopted charge for trunk infrastructure for both residential and non-residential development in Queensland.
In response to the Queensland Growth Management Summit in March 2010, the Queensland Government prepared "Shaping Tomorrow's Queensland" which contained a number of key initiatives including the establishment of an Infrastructure Charges Taskforce.
The Taskforce release an Interim Report for public consultation on 18 November 2010 and in March 2011 the Taskforce released its Final Report which contained 10 recommendations in relation to infrastructure charges.
On 12 April 2011, the Government released a response to the report by the Taskforce supporting the 10 final recommendations ("Response"). In its Response, the Government proposed a reform package for infrastructure charges for the next three years, with the first reform involving amendments to the Sustainable Planning Act 2009 through the Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011, which came into effect on 6 June 2011.
Sustainable Planning (Affordable Housing and Infrastructure Charges Reform) Amendments Act 2011
Amongst other things, the Sustainable Planning (Affordable Housing and Infrastructure Charges Reform) Amendment Act 2011 provides the framework for a State planning regulatory provision (adopted charges) ("SPRP"), the process for adopted infrastructure charges and a process for levying of infrastructure charges for trunk infrastructure once the SPRP commences and for the interim arrangements with distributor-retailers.
Under the new amendments local governments may make an adopted infrastructure charges resolution which must include:
an adopted infrastructure charge which can be either the maximum adopted charge in the SPRP or an amount less than that maximum adopted charge; and
account for the proportion of distributor-retailers' maximum adopted charge.
The local government adopted infrastructure charges resolution may also:
provide for different charges in different parts of the local government area;
provide for discounts to take account of existing usage and how the discount is to be calculated; and
if there is no priority infrastructure plan – can identify trunk infrastructure, trunk infrastructure for which an adopted infrastructure for which an adopted infrastructure charge applies and the standard of service.
Several councils have made their adopted infrastructure charges resolution. Under the new provisions local governments are required to publish their adopted infrastructure charges resolution. They will be available on the individual council websites and on the Department of Local Government and Planning's website.
State Planning Regulatory Provision (adopted charges)
The Draft State Planning Regulatory Provision (adopted charges) ("Draft SPRP") was published on Friday, 1 July 2011 by gazette notice and is available on the Department's website.
The Draft SPRP is in effect as of 1 July 2011 and will undergo formal public consultation until 12 August 2011.
The Draft SPRP:
establishes a maximum adopted charge for trunk infrastructure;
identifies, for certain local government areas, priority infrastructure areas while local governments complete their priority infrastructure plans (by December 2011); and
provides a default proportional split that may be levied by Ipswich City Council and Queensland Urban Utilities, until 30 June 2013.
The following maximum adopted charges for trunk infrastructure will apply:
$28,000 per 3 or more bedroom dwelling; and
$20,000 per 1 or 2 bedroom dwelling.
- Accommodation (Short term) – maximum 0.5 per standard residential rate;
- Accommodation (Long term) – maximum as per standard residential rates;
- Places of Assembly – $70 m˛ GFA + $10 per impervious m˛ for stormwater.
- Commercial (Bulk goods) – $140 m˛ GFA + $10 per impervious m˛ for stormwater;
- Commercial (Retail) – 180 m˛ GFA + $10 per impervious m˛ for stormwater;
- Commercial (Office) – $140 m˛ GFA + $10 per impervious m˛ for stormwater;
- Education Facility – $140 m˛ GFA + $10 per impervious m˛ for stormwater;
- Entertainment – $200 m˛ GFA + $10 per impervious m˛ for stormwater;
- Indoor Sport and Recreational Facility – $200 m˛ GFA, court areas at $20 m˛ GFA + $10 per impervious m˛ for stormwater;
- Industry – $50 m˛ GFA + $10 per impervious m˛ for stormwater;
- High Impact Industry - $70 m˛ GFA + $10 per impervious m˛ for stormwater;
- Low Impact Rural – nil charge;
- High Impact Rural – maximum $20 m˛ GFA;
- Essential Services – maximum $140 m˛ GFA + $10 per impervious m˛ for stormwater;
- Specialised uses – use and demand determined at time of assessment; and
- Minor Uses – nil charge.
The Draft SPRP applies to Queensland local government areas, except for the following:
work or use of land authorised under the Mineral Resources Act 1989, the Petroleum Act 1923, the Petroleum and Gas (Production and Safety) Act 2004 or the Greenhouse Gas Storage Act 2009;
development in an urban development area under the Urban Land Development Authority Act 2007; and
development in a master planned area under the Sustainable Planning Act, except where a local government has made an adopted infrastructure charges resolution that states otherwise.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.