\ Wi $i + AUDAX - AT: FIDELIS + Queensland Southern Moreton Bay Islands Development Entitlements Protection Bill 2004 Queensland Southern Moreton Bay Islands Development Entitlements Protection Bill 2004 Contents Page 1 Short title... eee ee 4 2 Definitions... 0.0.0.0... cee eee eee 4 3 Application of Act. .... 2.0... 00 e ccc eee eee 4 4 What is a SMBI application ............0.....00 00.000 4 5 What is prescribed land ............ 00.0 eee e ee eee 4 6 Who is an owner... 2... eee 5 7 Modified application of Integrated Planning Act 1997 ......... 5 8 Certain IPA rights unaffected ..................00...00005 6 9 Council may buy land at any time...............0.....000. 6 10 Regulation-making power. ............ 00-00 e eee e eee eee 6 Schedule Dictionary ....... 0.0... 7 A BILL for An Act to establish development entitlements for particular land on the Southern Moreton Bay Islands sl 4 s5 Southern Moreton Bay Islands Development Entitlements Protection Bill 2004 The Parliament of Queensland enacts— Short title This Act may be cited as the Southern Moreton Bay Islands Development Entitlements Protection Act 2004. Definitions The dictionary in the schedule defines particular words used in this Act. Application of Act This Act applies for a SMBI application. What is a SMBI application A SMBI application is a development application (superseded planning scheme)— (a) in relation to a class 1 building, as defined by the Standard Building Regulation 1993, on prescribed land; and (b) made by or on behalf of an owner of the prescribed land; and (c) for which the applicant states the owner wishes this Act to apply for its assessment. What is prescribed land Prescribed land is land on the Southern Moreton Bay Islands that is— (a) included in the Residential A, Comprehensive Development or Rural Non Urban zone immediately & WW mon OD NAD NSW NF CO 22 24 s6 5 s7 Southern Moreton Bay Islands Development Entitlements Protection Bill 2004 before the Redland's IPA planning scheme has effect;! and (b) located entirely in the Conservation zone under the scheme; and (c) prescribed under a regulation. (1) An owner, of prescribed land, means an individual who is solely or as a joint tenant or as a tenant in common, legally or beneficially entitled to an estate of freehold in possession in the land immediately before the end of the consultation period for the Redland's IPA planning scheme. (a) a person who is an executor, administrator or trustee in relation to the individual; or (b) a mortgagee in possession of the land. Modified application of Integrated Planning Act 1997 (1) The Integrated Planning Act 1997, sections 3.2.5(1)(b) and (3)(b) do not apply for a SMBI application." (2) Despite the Integrated Planning Act 1997, section 3.5.28, any development approval in relation to a SMBI application lapses if the land, the subject of the application, is sold or transferred to an individual other than another owner of the land before a final inspection certificate, under the Standard Building Regulation 1993, is issued for the building for which the development approval was issued. For when a planning scheme has effect, see Integrated Planning Act 1997, section 2.1.7 (Effects of planning schemes and amendments). Integrated Planning Act 1997, section 3.2.5 (Acknowledgment notices for 6 Who is an owner (2) The term does not include—1applications under superseded planning schemes.) Integrated Planning Act 1997, section 3.5.28 (Approval attaches to land) Oonmrn a nN BW Ne nN BW NY FO ona 2224 s8 6 s10 Southern Moreton Bay Islands Development Entitlements Protection Bill 2004 (3) Prescribed land may not be taken under the Integrated Planning Act 1997, section 5.5.1 unless all owners of the land agree. 8 Certain IPA rights unaffected This Act does not stop an owner of prescribed land from claiming compensation under the Integrated Planning Act 1997, section 5.4.3,4 if a SMBI application has not been made for the land. 9 Council may buy land at any time This Act does not stop the council from buying prescribed land at any time. 10 Regulation-making power The Governor in Council may make regulations under this Act. 4 Integrated Planning Act 1997, section 5.4.3 (Compensation for interest in land being changed to public purpose) WNre CANN FF 11 14 Southern Moreton Bay Islands Development Entitlements Protection Bill 2004 Schedule Dictionary section 2 assessment manager see Integrated Planning Act 1997, section 3.1.7. consultation period see Integrated Planning Act 1997, schedule 10. council means the Redland Shire Council. development see Integrated Planning Act 1997, schedule 10. development application see Integrated Planning Act 1997, schedule 10. development application (superseded planning scheme) means— (a) for development that would not have required a development permit under a superseded planning scheme but requires a development permit under the Redland's IPA planning scheme, a development application— (i) in which the applicant advises that the applicant proposes to carry out development under the superseded planning scheme; and (ii) made only to the council as assessment manager; and (iii) made within 10 years after the day the Redland's IPA planning scheme has effect; or (b) for any other development, a development application— (i) in which the applicant asks the assessment manager to assess the application under a superseded planning scheme; and (ii) made only to the council as assessment manager; and Co mn DAN FW N SCOmDWMANADNSW NK CO NN Ne NN BW N Nn NNW ana WN ow Southern Moreton Bay Islands Development Entitlements Protection Bill 2004 Schedule (continued) (iii) made within 10 years after the day the Redland's IPA planning scheme has effect. development approval see Integrated Planning Act 1997, schedule 10. development permit see Integrated Planning Act 1997, schedule 10. IPA planning scheme see Integrated Planning Act 1997, section 6.1.1. owner see section 6. prescribed land see section 5. Redland's IPA planning scheme means the first IPA planning scheme for the council. SMBI application see section 4. Southern Moreton Bay Islands means Karragarra Island, Lamb Island, Macleay Island, Perulpa Island and Russell Island. superseded planning scheme see Integrated Planning Act 1997, schedule 10. © State of Queensland 2004 0 ON ANN BW NK ANY ANF W NK CO