By Olivia Williamson,associate; Sarah
The Queensland Parliament passed the Sustainable Planning
and Other Legislation Amendment Bill 2011 with amendments on
14 February 2012. The Bill as passed includes a number of key
changes to its original provisions.
Here, partner Sarah Persijn and associate Olivia Williamson
explain these key changes.
Summary of changes
The Bill as passed allows the Minister for the Department of
Local Government and Planning, under the urban encroachment
provisions of the Sustainable Planning Act, to grant a term of
registration for premises for more than the 10 years originally
The Bill as passed includes an additional clause to the
Urban Land Development Authority Act 2007, which requires
the Urban Land Development Authority, in certain circumstances, to
consult with relevant public sector entities when negotiating
The provisions of the Bill amending this legislation commenced
on 17 February 2012.
Key amendments to the Sustainable Planning Act
The key amendments this Bill makes to the Sustainable
Planning Act 2009 are as follows:
A requirement for the Minister to consult with affected parties
before calling in a development application.
A state-wide urban encroachment policy modelled on the
Planning (Urban Encroachment- Milton Brewery] Act 2009,
designed to allow certain uses to be registered and thereby
protected from certain legal proceedings.
Amendments to clarify the recent infrastructure charges reform
to enable local governments to index adopted infrastructure
HopgoodGanim released an Alert on 13 October
2011, which explains these amendments in more detail. We also
released a further Alert on 13 December 2011,
which details the specific effects of the new urban encroachment
provisions set out in the Bill.
We will shortly be releasing another Alert outlining the
amendments this Bill makes to the Land Sales Act 1984.
Urban encroachment protection period
The Bill initially contemplated restricting the term for
registration for premises to 10 years, unless cancelled or ended
sooner. However, following concerns that were expressed regarding
the length of that term, an amendment to the Bill allows the
Minister to grant a term of registration of greater than 10 years
(but not more than 25 years] if, when considering the application
for registration, the Minister believes a longer term is
appropriate for the premises.1
If the Minister decides to grant a term of registration for the
premises of more than 10 years, the notice of decision on these
applications must state the extended term.2
It is important to note that the amendment retains, as a
default, registration for a minimum of 10 years (thereby providing
a certain period for forward business planning] but allows a longer
period for protection at the Minister's discretion.
Given the continued evolution in science and technologies, it
may be difficult to persuade the Minister that re-assessment beyond
a 10 year period is relevant, particularly given that the Bill as
passed does not place any limits on the number of times a business
can seek to renew its protection.
Compulsory consultation for ULDA when negotiating
A new section3 has been added to the Urban Land
Development Authority Act 2007, which will apply if a proposed
infrastructure agreement is likely to continue to affect land after
that land ceases to be an urban development area. In such
circumstances, before entering the proposed infrastructure
agreement, the Urban Land Development Authority must consult about
the terms of the agreement with the entities the authority
considers will be the public sector entities that will have
responsibility for the infrastructure on the land after the land
ceases to be in an urban development area.
A public sector entity is a department (or part of a department]
or an agency, authority, commission, corporation, instrumentality,
office or other entity established under an Act for a public or
This addition addresses concerns that local government and
infrastructure providers may be imposed upon and impacted by
infrastructure delivery agreements in which they were not initially
1Section 680W of the Bill 2Section 680O(4) of the Bill 3Section 136E of the Bill
Many retail leases include a covenant to trade, requiring the tenant to open the premises for trade during certain hours.
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