State Development and Public Works Organisation and Other Legislation Amendment Bill 2005 State Development and Public Works Organisation and Other Legislation Amendment Bill 2005 Amendments agreed to during Consideration 1 Clause 19— At page 11, after line 15— insert— 'imposed condition, for the undertaking of a project, see section 54B(2). nominated entity, for an imposed condition for the undertaking of a project, means an entity nominated for the condition, under section 54B(3). relevant local government, for a project, means the local government for the local government area in which the project is, or is to be, undertaken.'.'. 2 Clause 20— At page 12, line 11, 'carrying out'— omit, insert— 'undertaking'. 3 Clause 20— At page 12, line 15, 'carrying out'— omit, insert— 'undertaking'. State Development and Public Works Organisation and Other Legislation Amendment Bill 2005 Clause 26— At page 14, after line 283— insert— '(2) Section 35(4)— insert— '(d) if division 8 applies to the project—impose, under that division, conditions for the undertaking of the project.'.'. Clause 27— At page 15, after line 24— insert— **(3) Also, the report does not lapse if— (a) division 8 applies to the project; and (b) _ there are imposed conditions for the undertaking of the project; and (c) _ the undertaking of the project substantially starts within 4 years after the report is prepared under section 35(3).'.'. Clause 28— At page 16, line 2, after 'project' — insert— 'or a condition of the project' Clause 28— At page 18, after line 13— insert— '(d) if division 8 applies to the project—impose, under that division, conditions for the undertaking of the project.'. State Development and Public Works Organisation and Other Legislation Amendment Bill 2005 8 After clause 39— At page 25, after line 2— insert— *39A_ Insertion of new pt 4, div 8 'After section 54— insert— 'Division 8 Application of Coordinator-General's report if no relevant approval 'H4A Application of div 8 'This division applies to the extent that— (a) the project does not involve a material change of use that, under the Integrated Planning Act, is impact assessable; and (b) division 4, subdivision 2 and divisions 5, 6, 6A and 7 do not apply to the project. '*54B_ Report may impose conditions "(1) Subject to section 54C, the Coordinator-General's report for the EIS for the project may impose conditions for the undertaking of the project, and state when they take effect. '(2) A condition imposed in the report is an imposed condition for the undertaking of the project. '(3) If there are imposed conditions for the undertaking of the project, the Coordinator-General may, for any imposed condition for the undertaking of the project, nominate an entity that is to have jurisdiction for the condition.! '(4) Anentity may be nominated for 1 or more of the conditions. '(5) A nomination under subsection (3) may be in the report or by public notification." 1 See section 54D (Effect of imposed conditions). (6) D) (8) State Development and Public Works Organisation and Other Legislation Amendment Bill 2005 The public notification may be made at any time. The Coordinator-General must give a copy of the report to each nominated entity for an imposed condition for the undertaking of the project. Also, if a nomination under subsection (3) is by public notification, the Coordinator-General must give each of the following a copy of the notification— (a) the nominated entity under the nomination; (b) _ the proponent for the project; (c) the department in which the Environmental Protection Act is administered; (d) _ the relevant local government for the project. '54C_—~Provision for what conditions may be imposed 'The Integrated Planning Act, 3.5.30(1) and 3.5.31(1)3 apply for imposed conditions for the undertaking of the project as if the conditions were, under that Act, conditions of a development approval being decided by an assessment manager for a development application. '54D Effect of imposed conditions '(D) (2) This section applies if there are imposed conditions for the undertaking of the project. The Integrated Planning Act, section 4.3.34 applies to the undertaking of the project as if— (a) the project were development under that Act; and (b) the imposed conditions were a development approval for the development. 2 See also section 171 (Publication of document or information by Coordinator-General). Integrated Planning Act, sections 3.5.30 (Conditions must be relevant or reasonable) and 3.5.31 (Conditions generally) Integrated Planning Act, section 4.3.3 (Compliance with development approval) State Development and Public Works Organisation and Other Legislation Amendment Bill 2005 '(3) The Environmental Protection Act, sections 435 and 436 to 440 apply to the undertaking of the project as if the imposed conditions were development conditions under that Act for a development approval for the project. '(4) To remove any doubt, it is declared that the provisions mentioned in subsections (2) and (3) apply to anyone who undertakes the project, including, for example— (a) the proponent; and (b) any of the following who undertake the project— (i) an agent, contractor or subcontractor, executive officer or licensee of the proponent; (ii) an agent, contractor or subcontractor, executive officer or licensee of a person mentioned in subparagraph (i). '54E Imposed conditions override conditions of other approvals 'If an imposed condition for the undertaking of the project is inconsistent with a condition of an approval that applies to the undertaking of the project, the imposed condition prevails to the extent of the inconsistency. '54F Provision about enforcement orders under the Integrated Planning Act '(1)_ This section applies if— (a) a proceeding is proposed to be started in the Planning and Environment Court under— (i) the Integrated Planning Act, chapter 4, part 3, division 5;5 or (ii) the Environmental Protection Act, section 505;° and 5 Integrated Planning Act, chapter 4, part 3, division 5 (Enforcement orders of court) 6 Environmental Protection Act, section 505 (Restraint of contraventions of Act etc.) State Development and Public Works Organisation and Other Legislation Amendment Bill 2005 (b) the relief or remedy proposed to be sought in the proceeding relates to an offence, or threatened or anticipated offence, against a provision of those Acts as applied under section 54D; and (c) the offence or threatened or anticipated offence relates to the project. '(2) Despite the provisions mentioned in subsection (1)(a), only the following persons may bring the proceeding— (a) the Coordinator-General; (b) the nominated entity for a relevant imposed condition for the undertaking of the project; (c) _ the relevant local government for the project; (d) the proponent; (e) someone else whose interests are significantly adversely affected by the subject matter of the proceeding. '54G_ Declaration-making powers '(1) A proceeding mentioned in the Integrated Planning Act, section 4.1.217 can not be started in relation to the project. '(2) However, a person mentioned in section 54F(2) may bring a proceeding in the Planning and Environment Court for a declaration about whether there has been substantial compliance with an imposed condition for the undertaking of the project. '(3) The court has jurisdiction to hear and decide the proceeding. '(4) The Integrated Planning Act, sections 4.1.22 and 4.1.238 apply to the proceeding as if as it were a proceeding under section 4.1.21 of that Act. '(5) The court may, in deciding what orders it is to make in the proceeding, have regard to | or more of the following— 7 Integrated Planning Act, section 4.1.21 (Court may make declarations) 8 Integrated Planning Act, sections 4.1.22 (Court may make orders about declarations) and 4.1.23 (Costs) State Development and Public Works Organisation (a) (b) (c) (d) (e) (f) (g) and Other Legislation Amendment Bill 2005 the laws and policies applying when the condition was imposed; the EIS for the project; the Coordinator-General's report for the EIS and any Coordinator-General's change report for the project; the financial implications of— (i) the imposed conditions for the undertaking of the project; or (ii) any proposed orders; the public interest; any environmental management plan required under the condition; any other matter the court considers relevant.'.'. 9 Clause 63— At page 34, after line 15— "178 Conditions for north-south bypass tunnel project '(1) This section applies for the significant project called the 'north-south bypass tunnel project'. (2) Sections 35(4)(d) and part 4, division 8° are taken to apply to the project. '(3) The conditions stated in appendix 1, schedule 3 of the Coordinator-General's report dated 25 August 2005 evaluating the EIS for the project are taken to be imposed conditions for the undertaking of the project.'.'. Section 35 (Coordinator-General evaluates EIS, submissions, other material and prepares report) and part 4, division 8 (Application of Coordinator-General's report if no relevant approval) State Development and Public Works Organisation and Other Legislation Amendment Bill 2005 10 Clause 64— At page 34, after line 24— insert— 'imposed condition, for part 4, see section 54B(2). nominated entity, for part 4, see section 24. relevant local government, for part 4, see section 24.'.'. 11 After clause 64— At page 35, after line 4— insert— 'Part 4 Amendment of Freedom of Information Act 1992 "65 Act amended in pt 4 'This part amends the Freedom of Information Act 1992. "66 Amendment of s 47A (Matter relating to investment incentive scheme) 'Section 47A(2), definition department— omit, insert— 'department means the department administered by the Minister having responsibility for business, industry development, and investment opportunities and attraction as identified in the Administrative Arrangements and within which that responsibility is administered.'. State Development and Public Works Organisation and Other Legislation Amendment Bill 2005 '67 Insertion of new pt 11 'After part 10O— insert— 'Part 11 Transitional provision for State Development and Public Works Organisation and Other Legislation Amendment Act '123 Application of amendment of definition department 'Section 47A!°, as amended by the State Development and Public Works Organisation and Other Legislation Amendment Act 2005, applies in relation to an application under this Act for access to a document, or for the review of a decision under this Act about access to a document, whether the application was made before or after the commencement of this section, as if the amendment of section 47A had effect on and from the commencement of the Administrative Arrangements Order (No. 2) 2005.!!'.'. © State of Queensland 2005 10 Section 47A (Matter relating to investment incentive scheme) 11. The Administrative Arrangements Order (No. 2) 2005 commenced on 28 July 2005.