Queensland is set for a large scale overhaul of planning
obligations, as the Queensland Government passes the Planning
Act 2016 and related legislation.
The Planning Act will commence in 2017 and replace the
Sustainable Planning Act 2009 (SPA). Additionally, the
Planning and Environment Court Act 2016 and Planning
(Consequential) and Other Legislation Amendment Act 2016 will
further amend the planning and environment regime.
A key impact will be the changes to the types and categories of
what constitutes development. Development will be categorised as
accepted, assessable or prohibited. Assessable development is
further broken down as either code or impact assessable.
The Planning Act also replaces the Building and
Development Dispute Resolution Committee with the new Development
Transitional provisions apply to applications and disputes
already commenced under the SPA, to allow them to continue to be
decided under the SPA.
The Planning and Environment Court Act 2016 functions
as stand-alone legislation, governing the powers and operation of
the Planning and Environment Court. Under this legislation the
Planning and Environment Court will have limited powers to award
costs, except in cases where an action is frivolous or vexatious,
or was brought for an improper purpose. This narrowed discretion to
award costs means that, in most actions, each party must bear its
The Planning (Consequential) and Other Legislation Amendment
Act 2016 amends a further 68 Acts to bring them in line with
the new planning regime, including the Environmental Protection
Act 1994 , Queensland Heritage Act 1992 , Aboriginal Cultural
Heritage Act 2003, and Vegetation Management Act
Cooper Grace Ward will be releasing a series of alerts over the
coming months to assist in you to transition into the new
framework, including more detail about the impact of this
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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.
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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.
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