On 8 April 2016, the Infrastructure, Planning and Natural
Resources Committee (Committee) released its
report on its inquiry into the Planning Bill 2015 (Qld)
(Bill), Planning and Environment Court Bill
2015 (Qld), Planning (Consequential) and Other Legislation
Amendment Bill 2015 (Qld) and the equivalent Private
Member's Bills introduced by Tim Nicholls MP.
During the inquiry, the Committee considered written submissions
on the Bills, held a public briefing and conducted public hearings
Unsurprisingly, the majority of the Committee recommended the
Bill, Planning and Environment Court Bill 2015 (Qld),
Planning (Consequential) and Other Legislation Amendment Bill
2015 (Qld) be passed and the Private Member's Bills not be
The Committee's recommendations about the contents of the
Bills are summarised below.
The Committee recommended the Queensland Heritage Act
1992 (Qld) not be amended to remove the obligations on the
chief executive in assessing a development application for
development on a State heritage place.
On 8 April 2016, the State Development Assessment Provisions
(SDAP) were amended to specifically indicate the
State Assessment and Referral Agency will obtain advice from the
Queensland Heritage Council (via the Department of Environment and
Heritage Protection) on development applications that will
potentially destroy or substantially reduce the cultural heritage
significance of a State heritage place before it provides a
referral response or decides a development application.
The Committee was aware of the proposed amendment to the SDAP
during the inquiry. Nevertheless, it was the view of the Queensland
Heritage Council's role in the assessment of relevant
development application should be specified in legislation.
Under the Bill, a local government may issue an exemption
certificate. Exemption certificates are a new feature which will
exempt development from the assessment process in particular
circumstances, where the categorisation of the development is the
result of an error, or solely due to circumstances that no longer
apply, or the effects of the development would be minor or
The Committee recommended local governments and the chief
executive be required to publish details of exemption
The Committee considered the exemption certificate process must
be transparent. Even though the draft Planning Regulation
2015 (Qld) requires local governments to keep exemption
certificates for inspection and purchase, the Committee recommended
the details of exemption certificates also be published.
Chosen assessment managers
The submissions identified there is insufficient information in
the Bill with respect to the chosen assessment manager process. The
Committee recommended the Department address the issues raised by
submitters, particularly with respect to the transparency of
decision making and liability for decision making and consider any
Publishing reasons for decision on development
Under clause 63 of the Bill, local governments and the chief
executive are required to publish details of their decisions about
particular development applications, including the reasons, on
their websites. Local governments expressed concerns about the
pressure the requirement would place on their limited resources.
However, the Committee recognised the need for transparency and
accountability in decision making. The Committee recommended the
Department continue to consult local governments about the
commencement and content of the notification requirements.
Infrastructure charging for schools
The Bill treats infrastructure charging for non-state schools
and state schools inconsistently. The Committee recommended both
state and non-state school providers be exempt from paying
infrastructure charges where the development is undertaken through
The Department will now consider the Committee's
recommendations and respond to its requests for clarification on
specific matters. It is expected there will be minor amendments to
the Bills to reflect the Committee's recommendations before
Parliament passes them. The Bills will likely commence in the
second half of 2016.
This publication does not deal with every important topic or
change in law and is not intended to be relied upon as a substitute
for legal or other advice that may be relevant to the reader's
specific circumstances. If you have found this publication of
interest and would like to know more or wish to obtain legal advice
relevant to your circumstances please contact one of the named
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The High Court of Australia has granted special leave to appeal a decision of the NSWCA that upheld an adjudication determination under the NSW 1999.
Some comments from our readers… “The articles are extremely timely and highly applicable” “I often find critical information not available elsewhere” “As in-house counsel, Mondaq’s service is of great value”
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).