Three draft bills released yesterday for public consultation
represent the Queensland Government's much anticipated planning
The Department of Infrastructure, Local Government and Planning
is seeking submissions by 23 October 2015 on the:
Draft Planning Bill 2015, which would repeal the current
Sustainable Planning Act 2009 (SPA);
Draft Planning and Environment Court Bill 2015 (P&E Court
Draft Planning (Consequential) and Other Legislation Amendment
Bill 2015 (Consequential Amendments Bill).
In particular, the Department is seeking specific feedback
the options for advancing the purpose of the Planning
compensation arrangements in relation to natural hazards. It is
proposed that compensation will not be available for a planning
change that reduces the value of an interest in premises, where the
change is made to reduce the risk to persons or property from
assessment categories and decision rules; and
transitional arrangements for existing applications, and local
We will be providing a full briefing note in the next few days.
In the meantime, we set out below some of our immediate
observations on the Bills.
State and local planning instruments:
The only State planning instruments will be the State Planning
Policy (SPP) and the Regional Plans (State Planning Regulatory
Provisions and the Queensland Planning Provisions are proposed to
The local instruments will remain as planning schemes,
temporary local planning instruments and planning scheme policies.
Temporary local planning instruments will have a life of up to two
Development assessment system:
The development assessment process will be in development
assessment rules, a separate statutory instrument to be made by the
The State Assessment and Referral Agency (SARA) will continue
to be the assessment manager or referral agency for development
applications where the State has jurisdiction;
Categories of development assessment
Categories of development assessment are accepted, assessable
While the terminology is still to be settled, assessable
assessment will be split into two categories being standard/code
Public notification is still required for development
applications requiring merit/impact assessment.
The Planning and Environment Court is continued in a separate
Bill, with a return to each party bearing its own costs in a
proceeding, except in prescribed circumstances.
The Planning Bill will extend the current statutory timeframe
for the making of a Local Government Infrastructure Plan (LGIP) to
1 July 2018.
In relation to offences and enforcement, the Planning Bill will
establish inspectors and their powers in relation to entry and
While the Bills contain transitional provisions, they are
preliminary only, and will be developed further as the Bills near
In addition to the Bills, the Department has also released a
number of supporting instruments:
Draft process of making and amending local planning
Draft Infrastructure Guidelines; and
Draft Development Assessment Rules.
According to the Department, these supporting instruments will
not be consulted on until after the introduction of the Bills into
Clayton Utz communications are intended to provide
commentary and general information. They should not be relied upon
as legal advice. Formal legal advice should be sought in particular
transactions or on matters of interest arising from this bulletin.
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