Mae | ++ AUDAX : AT: FIDELIS +} Queensland Queensland Reconstruction Authority Bill 2011 Queensland Queensland Reconstruction Authority Bill Contents Page Part 1 Preliminary Division 1 Introduction 1 Short title... 0... eee 10 2 Main purpose of Act... 0.0... 0.000 c eee eee eee ee 10 3 How main purpose is primarily achieved ................... 10 4 Act binds all persons .......... 0.0.00 ec cece eee eee 11 Division 2 Interpretation 5 Definitions... 2.0.00... 0c eee eee 11 6 Meaning of disaster event ..............0 000 cee eee eee 11 Part 2 Queensland Reconstruction Authority Division 1 Establishment 7 Establishment of authority ............... 0.00.00. e eee 12 8 Authority represents the State ...................0..0000. 12 9 Application of other Acts........... 0.00. c eee eee eee ee 12 Division 2 Functions and powers 10 Authority's functions .... 2.0.0.0... eee eee eee 12 11 Authority's powers .......... 000.00. cece eee 14 12 Ministerial direction or notice ...............00....000000, 14 Division 3 Membership of the authority 13 Membership of authority............. 0.000000. c ee eee eee 15 Division 4 Staff of the authority Subdivision 1 Chief executive officer 14 Chief executive officer .................00 00.0000 022208 15 15 Restriction on appointment. .................0.002 2c ee eee 15 16 Chief executive officer employed under this Act.............. 15 17 Term of office 2... eee 15 Queensland Reconstruction Authority Bill 2011 Contents Subdivision 2Subdivision 3 Part 3 Division 1 Subdivision 1Subdivision 2Subdivision 3Subdivision 4Subdivision 5 41 Page 2 Functions and powers of chief executive officer.............. Chief executive officer not to engage in other paid employment . Conditions of appointment ........... Vacancy in office of chief executive officer.................. Preservation of rights of chief executive officer .............. Acting chief executive officer ......... Appointment of persons to help chief executive officer Appointment..................000. Preservation of rights of persons appointed unders 24........ Other staff Authority staff... 2.2... 20.2... eee Alternative staffing arrangements. ..... Queensland Reconstruction Board The board Establishment and functions The board..............0-000-000- Functions of board................. Members Membership of board............... Term of office .................200. Conditions of appointment ........... Vacancy in office of member ......... Chairperson Role of chairperson ................ Proceedings of the board Time and place of meetings.......... Quorum ..... 2. eee eee Presiding at meetings............... Conduct of meetings ............... Minutes and other records ........... Disclosure of conflict of interests and reporting requirements Disclosure of conflict of interest....... Reporting by the board and chairperson 161718 19 19 20 2122 232325 Part 4 Division 14345 Division 2 Part 5 Division 148 Division 2 Subdivision 1Subdivision 2Subdivision 3 Division 3 Part 6 Division 1 Queensland Reconstruction Authority Bill 2011 Contents Declarations about declared projects, reconstruction areas and critical infrastructure projects Declarations Declaration of declared project..................02.00000- Declaration of reconstruction area.................000000, Notice about declaration of acquisition land................. Declaration of critical infrastructure project ................. Relationship with particular Acts about local government Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009 ............0... 0000 e cece eee Particular powers for declared projects and development in reconstruction areas Preliminary Definitions for pt5........ 0.00... cee eee ee Application of laws .. 0.2.2... eee eee Notices about declared projects and development in reconstruction areas Progression notice Progression notice .... 2.2... 6. eee eee Notice to decide Notice to decide ........ 0.0.02 cee eee Step-in notice Step-in notice... 2... eee eee When step-in notice may be given.................2-0000. Providing assistance or recommendations. ................. Effects of step-in notice ....... 2.0... eee eee eee Authority's decision. ....... 0.0... eee eee Effects of decision ............... 000200. c cece eee eee ee Notice of decision.............. 0.0002. Report about decision ........... 00.0. cece eee Other matters Recovering cost of advice or services .................004. No requirement to consult on particular actions.............. Application of Judicial Review Act 1991..................0. Development schemes Making development schemes Authority may make development scheme.................. 2628 31 35373940 41 Queensland Reconstruction Authority Bill 2011 Contents 64 66687072 75 Division 2 Division 3 Division 4 Subdivision 1Subdivision 2Subdivision 3Subdivision 4 Page 4 Content of development scheme ..................02-00-5 Development scheme may make provision for particular assessable development .............. 000000 e eee eee eee Preparation of proposed development scheme .............. Public notification ........... 00.0... eee eee Submissions on proposed scheme ..............-00-.0055 Consideration of submissions ..................002...005 Amendment of proposed scheme ...............-..--00055 Initial making and submission of scheme................... Notice of submitted scheme...............00....0000200. Ministerial power to amend submitted scheme at affected owner's request ....... 2.00.0 c eect eee Direction to authority to engage again in public notification and submissions .........0. 0.000 eee eee When proposed scheme takes effect..................004. Notice of development scheme ................00-000 eee Amendment, tabling and inspection of development schemes Authority may amend development scheme................. Tabling and inspection requirement .................-.0--. Effect of development scheme on other instruments Relationship with other instruments....................0.. Relationship with Sustainable Planning Act Preliminary Application of sdivs 2and3............ 0.00. c eee eee eee Assessing development applications Referral agency's assessment of development application ..... Assessment manager's assessment of development application Deciding development applications Decision generally .......... 0.00.0 c cece eee eee ee Restriction on granting development approval............... Compliance stage under IDAS Application of compliance stage.............. 0.000. e ee eee Nominating a document or work for compliance assessment .. . Condition of development approval or compliance permit about compliance assessment... ........0 000000 e eee eee eee Assessment of request... 0.2.0.0... 0.0 cece eee eee eee 44454546 4748 50 51 51 52 Subdivision 590 Subdivision 694 Subdivision 7Part 7 Division 197 Division 2 Division 3107 Division 4 Queensland Reconstruction Authority Bill 2011 Contents Making request for compliance assessment ...............- 52 Existing uses Lawful use of premises protected....................0000. 52 Lawfully constructed buildings and work protected ........... 53 New instruments can not affect existing development approval or compliance permit .......... 0.0.00. c eee eee eee eee 53 Minister's power to amend development approval or compliance permit eee eee 54 Community infrastructure designations Community infrastructure designations .................... 55 How IDAS applies to land under community infrastructure designation 6. eee 56 Miscellaneous provision Planning and Environment Court may make declarations ...... 56 Undertaking works, taking land, dealing with roads and application of particular laws Provisions about undertaking works Direction for authority to undertake works .................. 57 Application of State Development Act for transfer of authorised WOKKS wee 57 Application of State Development Act for works on foreshore or under waters... 00.0... eee eee eee 58 Provisions about taking land and entry to land Authority's power to take land................00-000 20000 58 When authority or local government must take land .......... 59 Authority's power to take public utility easement ............. 60 Vesting of land taken .......... 0.0... eee eee eee ee 60 Power to use, lease or dispose of land..................... 61 Application of other provisions of the State Development Act about the taking ofland ............... 0.00.00 eee eee eee 61 Application of provisions of the State Development Act about entry toland... 22.0.0... 22. cee 62 Dealing with roads Roads and road closures ............. 0000 c ee eee eee eee 63 Power to vest land in permanently closed road or unallocated State land in reconstruction areas .................002000- 64 Giving information about roads to relevant local government. . . . 64 Application of other laws Application of State Development Act, pt7 ................. 65 Queensland Reconstruction Authority Bill 2011 Contents Part 8112 Part 9 Division 1 Division 2 Subdivision 1Subdivision 2 Part 10 Division 1128 130 Division 2Division 3 Page 6 Application of Sustainable Planning Act.................... Direction to take action about local planning instruments Procedures before exercising particular power .............. Power of Minister to direct local government to take particular action about local planning instrument..................... Power of Minister if local government does not comply with direction ke cece Minister to give notice of direction ...................0204. General offence provisions and legal proceedings Offences Duty to act honestly .......... 0.0.00... eee eee eee eee Disclosure of information ..................002...00 0000 False or misleading information...................-.0005- False or misleading documents .................0.00 2-0 ee Obstructing authorised person.................0 2.00020 Legal proceedings Evidence Application of sdiv1........... 0.00. Appointments and authority............... 0.000002 00 eee Signatures 2.0... 2... eee eee Other evidentiary aids .......... 0.0.0.0. cee eee eee eee Offence proceedings Summary offences ....... 000.00. eee eee eee Limitation on time for starting proceeding for summary offence. . Miscellaneous provisions Duty to cooperate and requesting information Extension of duty to cooperate under State Development Act, $13 Information requirement made by authority—general ......... Information requirement made by authority—prescribed decisions we eee eee eee Giving of information protected ...................02.000- Interaction with other laws ..............0 000 e eee eee eee Dealing with land held by authority on expiry of Act Vesting of land in Coordinator-General .................... Other miscellaneous provisions Delegations ......... 0... cee eee eee 67 68697070 71 72 73 Queensland Reconstruction Authority Bill 2011 Contents 133 Protecting officials from liability .................0...0.00. 75 134 Ministerial access to information ...................00200. 75 135 Authority's guidelines .... 0.20... 00.00. ee cee ee eee eee ee 76 136 Application of provisions. ............00 000. c eee eee eee 76 137 Approved forms ......... 0.000 c eect eee eee 76 138 Regulation-making power... ......... 2.00000 cee eee eee 76 Part 11 Expiry of Act 139 Expiry... eee 77 Part 12 Amendment of Acts Division 1 Amendment of this Act 140 Actamended ........0... 0.0 cece eee ee 77 141 Amendment of long title. ........... 0.00... c ee eee eee eee 77 Division 2 Amendment of Building Act 1975 142 Actamended ........0... 0.0 cece eee ee 77 143 Amendment of s 231B (What is a regulated pool)............ 77 144 Replacement of s 245J (Application of div6)................ 78 245J Application of div6...................002.200. 78 145 Amendment of s 245M (Application for approval) ............ 78 146 Insertion of new ch 11, pt11 ...... 2... ee eee eee 78 Part 11 Transitional and validation provisions for Queensland Reconstruction Authority Act301 Definition for pt11 .................00...0002. 79 302 Modified application of ch 8 provisions............ 79 303 Offence about entering into accommodation agreement winds eee 80 304 Additional role of relevant building surveying technician ws eee eee 81 305 Validation of relevant building surveying technician function wwe eee eee 81 147 Amendment of sch 2 (Dictionary)...............-..2-0000. 81 Division 3 Amendment of Disaster Management Act 2003 148 Actamended ........0... 0.0 cece eee ee 82 149 Insertion of news 20B..............0. 0... eee eee 82 20B Chairperson may give notice about deemed approvals under Sustainable Planning Act......... 82 150 Amendment of s 67 (Extending disaster situation)............ 83 151 Amendment of s 72 (Extending disaster situation)............ 84 Queensland Reconstruction Authority Bill 2011 Contents Division 4153 Division 5155 157 Division 6159 Division 7 161 Schedule Page 8 Amendment of Integrity Act 2009 Actamended ......... 0.0... eee eee eee Amendment of sch 1 (Statutory office holders for section 72C). . Amendment of Land Valuation Act 2010 Actamended ......... 0.0... eee eee eee Amendment of s 76 (Unprotected valuation roll information to be available for inspection) ............... 0.00. ce eee eee eee Amendment of s 79 (Valuation notice to owner).............. Amendment of s 203 (Supplying copies of valuation roll)....... Amendment of Public Service Act 2008 Actamended ........0... 0.0 cece eee ee Amendment of sch 1 (Public service offices and their heads) . . . Amendment of State Development and Public Works Organisation Act 1971 Actamended ......... 0.0... eee eee eee Insertion of new pt 9, div4.............. 0... eee eee eee Division 4 Transitional provisions for expiry of Queensland Reconstruction Authority Act183 Definition for div4.................002....005. 184 Application of div4................ 0002000008. 185 Requirement for Coordinator-General to advise registrar of tiles ......... 00.00.00... ee ee eee 186 Dealing with acquisition land ................... 187 Transitional regulation-making power............. Dictionary ........... 00.00. 84 8586 86 87 8790 A Bill for An Act to establish the Queensland Reconstruction Authority and provide for other measures to assist with the rebuilding and recovery of Queensland communities affected by disaster events, and to amend this Act, the Building Act 1975, the Disaster Management Act 2003, the Integrity Act 2009, the Land Valuation Act 2010, the Public Service Act 2008 and the State Development and Public Works Organisation Act 1971 for particular purposes Queensland Reconstruction Authority Bill 2011 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Division 1 Page 10 Preliminary Introduction Short title This Act may be cited as the Queensland Reconstruction Authority Act 2011. Main purpose of Act The main purpose of this Act is to provide for appropriate measures to ensure Queensland and its communities effectively and efficiently recover from the impacts of disaster events. How main purpose is primarily achieved The main purpose is to be achieved primarily by— (a) (b) (c) establishing the Queensland Reconstruction Authority to coordinate and manage the rebuilding and recovery of affected communities, including the repair and rebuilding of community infrastructure and other property; and establishing the Queensland Reconstruction Board to oversee the operations of the authority; and providing for the following to facilitate flood mitigation for affected communities, or the protection, rebuilding and recovery of affected communities— (i) the declaration of declared projects and reconstruction areas; Nn on Queensland Reconstruction Authority Bill 2011 Part 1 Preliminary [s 4] (11) the making of development schemes for declared projects and reconstruction areas. 4 Act binds all persons (1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. Division 2 Interpretation 5 Definitions The dictionary in the schedule defines particular words used in this Act. 6 Meaning of disaster event Disaster event means any of the following— (a) _ the floods caused by heavy rains in December 2010 and January 2011; (b) | severe tropical cyclone Yasi; (c) another disaster, within the meaning of the Disaster Management Act 2003, prescribed under a regulation. Page 11 CN ANB W Oma INI AN BW Queensland Reconstruction Authority Bill 2011 Part 2 Queensland Reconstruction Authority [s7] Part 2 Queensland Reconstruction Authority Division 1 Establishment 7 Establishment of authority The Queensland Reconstruction Authority is established. 8 Authority represents the State (1) The authority represents the State. (2) Without limiting subsection (1), the authority has the status, privileges and immunities of the State. 9 Application of other Acts (1) The authority is— (a) a unit of public administration under the Crime and Misconduct Act 2001; and (b) astatutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B explains how that Act affects the authority's powers. Division 2 Functions and powers 10 Authority's functions (1) The main functions of the authority are as follows— (a) to decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities; Page 12 Nn oma AD ON DNB WN KF OC 21 23 (2) (b) (d) (e) (f) (g) (h) Queensland Reconstruction Authority Bill 2011 Part 2 Queensland Reconstruction Authority [s 10] to work closely with affected communities to ensure each community's needs are recognised in the rebuilding and recovery of the communities; to collect and collate information about community infrastructure and other property, and community services, damaged or otherwise affected in a disaster event; to develop an arrangement for sharing data across all levels of government to ensure effective and efficient exchange of information to facilitate flood mitigation for affected communities, or the protection, rebuilding and recovery of affected communities; to coordinate and distribute financial assistance for affected communities; to put into effect the strategic priorities of the board; to facilitate flood mitigation for affected communities and to ensure the protection, rebuilding and recovery of affected communities is— (i) effectively and efficiently carried out; and (11) appropriate, having regard to the nature of the disaster event; if asked by the Minister, to give the Minister advice about putting into effect the recommendations of the commission of inquiry issued by the Governor in Council under the Commissions of Inquiry Order (No. 1) 2011, particularly any recommendations about flood mitigation or land use planning. Editor's note— The Commissions of Inquiry Order (No. I) 2011 was published in an extraordinary gazette of 17 January 2011 at pages 77 to 79. The authority's functions also include any other function given to the authority under this Act or another Act. Page 13 Ome NDMNAHR WNe CAD NA FW NK SC 232527 30 32 Queensland Reconstruction Authority Bill 2011 Part 2 Queensland Reconstruction Authority [s 11] Page 14 Authority's powers (1) (2) Subject to any Ministerial direction or notice under section 12, the authority has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) appoint agents and attorneys; and (d) engage consultants; and (e) do anything else necessary or convenient to be done in the performance of its functions. Without limiting subsection (1), the authority has the powers given to it under this Act or another Act. Ministerial direction or notice (1) (2) (3) The Minister may give the authority a written direction about the performance of its functions or the exercise of its powers, or notice of a public sector policy, if the Minister is satisfied it is necessary to give the direction or notice in the public interest. The authority must ensure the direction or policy is complied with. The authority— (a) must include in its annual report, prepared under the Financial Accountability Act 2009, section 63, details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and (b) may include in the report a comment about the effect on the authority's activities of complying with the direction or notice. Oo AON DN BWN oO SO OADMAH W NY N = NNNNWN DNnbWN NNN coon Queensland Reconstruction Authority Bill 2011 Part 2 Queensland Reconstruction Authority [s 13] Division 3 Membership of the authority 13 Membership of authority The authority consists of — (a) _ the chief executive officer; and (b) _ the other staff of the authority. Division 4 Staff of the authority Subdivision 1 Chief executive officer 14 Chief executive officer (1) The authority must have a chief executive officer. (2) The chief executive officer is appointed by the Governor in Council. 15 Restriction on appointment A member of the board must not be appointed as chief executive officer. 16 Chief executive officer employed under this Act The chief executive officer is employed under this Act and not under the Public Service Act 2008. 17 Term of office (1) Subject to this subdivision, the chief executive officer holds office for the term stated in the officer's instrument of appointment. (2) The term of office can be no longer than a period ending on the expiry of this Act. Page 15 nA Bb WN ND 21 23 Queensland Reconstruction Authority Bill 2011 Part 2 Queensland Reconstruction Authority [s 18] 18 Functions and powers of chief executive officer (1) The main functions of the chief executive officer are as follows— (a) _ to ensure the authority performs its functions effectively and efficiently; (b) to undertake or commission investigations, prepare plans or take steps the Minister directs, or the chief executive officer considers necessary or desirable, to ensure proper planning, preparation, coordination and control of development for the protection, rebuilding and recovery of affected communities; (c) to make recommendations to the Minister about any matter that— (i) relates to the performance or exercise of the chief executive officer's or authority's functions or powers; and (11) may help the Minister in the proper administration of this Act. (2) The chief executive officer's functions also include any other function given to the chief executive officer under this Act or another Act. (3) The chief executive officer may exercise the powers of the authority and any other powers given to the chief executive officer under this Act or another Act. 19 Chief executive officer not to engage in other paid employment The chief executive officer must not, without the approval of the board— (a) engage in paid employment outside the duties of the office of chief executive officer; or (b) actively take part in the activities of a business, or in the management of a corporation carrying on business. Page 16 OMANAD AHR WN ON ANF WN KO 2326 28 30 32 Queensland Reconstruction Authority Bill 2011 Part 2 Queensland Reconstruction Authority [s 20] Conditions of appointment (1) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council. (2) The chief executive officer holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council. Vacancy in office of chief executive officer (1) The office of the chief executive officer becomes vacant if the chief executive officer— (2) (a) (b) (c) (d) (e) completes a term of office; or resigns office by signed notice given to the Minister; or is removed from office by the Governor in Council under subsection (2); or is convicted of an indictable offence or an offence against this Act; or is a person who is an insolvent under administration under the Corporations Act, section 9. The Governor in Council may at any time remove the chief executive officer from office for any reason or none. Preservation of rights of chief executive officer (1) This section applies if an officer of the public service is appointed as the chief executive officer. (2) (3) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the chief executive officer were a continuation of service as a public service officer. At the end of the person's term of office or resignation as the chief executive officer— (a) the person has the right to be appointed to an office in the public service on the same terms and conditions that Page 17 Dunk WN on OD AD NAH WN KF CO 22 2426 28 30 Queensland Reconstruction Authority Bill 2011 Part 2 Queensland Reconstruction Authority [s 23] applied to the person before being appointed as the chief executive officer; and (b) the person's service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person's rights as an officer of the public service. Acting chief executive officer The Governor in Council may appoint a person, other than a member of the board, to act in the office of chief executive officer during— (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the chief executive officer is absent from duty, or can not, for another reason, perform the functions of the office. Subdivision 2 Appointment of persons to help Page 18 chief executive officer Appointment (1) (2) (3) (4) The chief executive officer may appoint any person to help the chief executive officer in the performance or exercise of his or her functions or powers. The person holds office on the terms and conditions, not provided by this Act, stated in— (a) _ the person's instrument of appointment; or (b) a notice signed by the chief executive officer and given to the person. In appointing a person under this section, the chief executive officer must consult with the commission chief executive under the Public Service Act 2008. A person appointed under this section is employed under this Act and not under the Public Service Act 2008. woo nN DAunhRW NR BRWN KF Oo nN 22 25 2730 Queensland Reconstruction Authority Bill 2011 Part 2 Queensland Reconstruction Authority [s 25] 25 Preservation of rights of persons appointed under s 24 (1) This section applies if an officer of the public service is appointed under section 24 to help the chief executive officer. (2) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service in the office to which the person is appointed (the appointed office) were a continuation of service as a public service officer. (3) At the end of the person's term of office or resignation from the appointed office— (a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed to the appointed office; and (b) | the person's service in the appointed office is taken to be service of a like nature in the public service for deciding the person's rights as an officer of the public service. Subdivision 3 Other staff 26 Authority staff (1) The authority may employ other staff it considers appropriate to perform its functions. (2) The other staff are to be employed under the Public Service Act 2008. 27 Alternative staffing arrangements (1) The chief executive officer may arrange with the chief executive of a department, a local government, a government entity or a government owned corporation, for the services of officers or employees of the department, local government, entity or corporation to be made available to the authority. Page 19 OD ANANDMNAH WN NADNDN BWNrO 21 23 2628 Queensland Reconstruction Authority Bill 2011 Part 3 Queensland Reconstruction Board [s 28] (2) An officer or employee whose services are made available under subsection (1)— (a) continues to be an officer or employee of the department, local government, entity or corporation; and (b) continues to be employed or otherwise engaged by the department, local government, entity or corporation on the same terms and conditions applying to the officer or employee before his or her services were made available; and (c) is, for the period the services are made available and for the carrying out of the authority's functions, taken to be a member of the staff of the authority. Part 3 Queensland Reconstruction Board Division 1 The board Subdivision 1 Establishment and functions 28 The board The authority has a board of management (the Queensland Reconstruction Board). 29 Functions of board The functions of the board are as follows— (a) to set the strategic priorities for the authority; (b) to make recommendations to the Minister about— Page 20 OOANIDN BW NR eee NRO wow x 21 23 Queensland Reconstruction Authority Bill 2011 Part 3 Queensland Reconstruction Board [s 30] (i) priorities for community infrastructure, other property and community services needed for the protection, rebuilding and recovery of affected communities; and (11) the need for the declaration of declared projects and reconstruction areas; (c) to ensure the authority performs its functions and exercises its powers in an appropriate, effective and efficient way. Subdivision 2 Members Membership of board (1) The board consists of 7 persons (each a member), as follows— (a) _ the chairperson; (b) 2 members nominated by the Commonwealth; (c) 1 member nominated by the Local Government Association of Queensland Ltd ACN 142 783 917; (d) 3 other members. (2) Each member must be appointed by the Governor in Council. (3) A member mentioned in subsection (1)(d) must have expertise and experience in engineering, finance, planning or another field the Minister considers appropriate for a member of the board. Term of office (1) Subject to this subdivision, a member holds office for the term stated in the member's instrument of appointment. (2) The term of office can be no longer than a period ending on the expiry of this Act Page 21 OPN DN BPWNK CAND NA HP WN 2226 28 Queensland Reconstruction Authority Bill 2011 Part 3 Queensland Reconstruction Board [s 32] 32 Conditions of appointment (1) A member is to be paid the remuneration and allowances decided by the Governor in Council. (2) A member holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council. 33 Vacancy in office of member (1) The office of a member becomes vacant if the member— (a) (b) (c) (d) (e) (f) completes a term of office; or resigns office by signed notice given to the Minister; or is removed from office by the Governor in Council under subsection (2); or is convicted of an indictable offence or an offence against this Act; or is a person who is an insolvent under administration under the Corporations Act, section 9; or becomes employed by, or becomes a contractor of, the authority. (2) The Governor in Council may at any time remove a member from office for any reason or none. Subdivision 3 Chairperson 34 Role of chairperson The chairperson is responsible for leading and directing the activities of the board to ensure the board performs its functions appropriately. Page 22 Dunk WN SO ON DAN BW NK CO N 24 Queensland Reconstruction Authority Bill 2011 Part 3 Queensland Reconstruction Board [s 35] Subdivision 4 Proceedings of the board Time and place of meetings (1) (2) (3) The board may hold its meetings when and where it decides. However, the board must meet at least once each month. The chairperson— (a) may at any time call a meeting of the board; and (b) must call a meeting if asked by at least 2 other members. Quorum A quorum for a meeting of the board is at least half of the members. Presiding at meetings (1) (2) The chairperson presides at all meetings of the board at which the chairperson is present. If the chairperson is absent, the member chosen by the members present presides. Conduct of meetings (1) (2) (3) (4) Subject to this subdivision, the board may conduct its proceedings, including its meetings, as it considers appropriate. The board may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting. A member who takes part in a meeting of the board under subsection (2) is taken to be present at the meeting. A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting. Page 23 oOo ew NDA un ff WN AR WN ona 2225 27 Queensland Reconstruction Authority Bill 2011 Part 3 Queensland Reconstruction Board [s 39] (5) Ifthe votes are equal, the member presiding has a casting vote. (6) A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if— (a) at least half the members give written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. 39 Minutes and other records The board must keep— (a) minutes of its meetings; and (b) arecord of any decisions and resolutions of the board. Subdivision 5 Disclosure of conflict of interests and reporting requirements 40 Disclosure of conflict of interest (1) If— (a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the board; and (b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter; the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the board. (2) Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose. Page 24 oN DN BPW NK w OMANI NH WN 22 2427 (3) (4) (5) (6) Queensland Reconstruction Authority Bill 2011 Part 3 Queensland Reconstruction Board [s 41] After a member has disclosed the nature of an interest in any matter, the member must not be present during any deliberation of the board about the matter, or take part in any decision of the board about the matter, unless the board otherwise decides. For the making of a decision by the board under subsection (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not— (a) be present during any deliberation of the board for the purpose of making the decision; or (b) _ take part in the making of the decision by the board. A contravention of this section does not invalidate any decision of the board. However, if the board becomes aware a member contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section. Reporting by the board and chairperson (1) (2) (3) (4) As soon as practicable after the end of each month, the board must give the Minister a report about the performance of the authority's functions and the exercise of its powers during the month. Also, if the Minister asks the board for a report about the performance of the authority's functions and the exercise of its powers, the board must comply with the request. The Minister must ensure a copy of each report given under subsection (1) or (2) is made available on the department's website. If the chairperson becomes aware of any matter the chairperson considers may adversely affect the authority's ability to perform its functions or exercise its powers, the chairperson must immediately give the Minister a report about the matter. Page 25 Oo OANID ABRWNK NAYDNDUNB WN KF © 2124273032 Queensland Reconstruction Authority Bill 2011 Part 4 Declarations about declared projects, reconstruction areas and critical infrastructure projects [s 42] Part 4 Declarations about declared projects, reconstruction areas and critical infrastructure projects Division 1 Declarations 42 Declaration of declared project Page 26 (1) The Minister may declare a project for proposed development to be a declared project if the Minister is satisfied— (a) _ the project is to be undertaken in a part of the State that has been directly or indirectly affected by a disaster event; and (b) _ the declaration is necessary to facilitate flood mitigation for affected communities, or the protection, rebuilding and recovery of affected communities. (2) The declaration must be made by gazette notice. (3) The gazette notice must describe the land to which the declared project relates. Example of a description of land— a lot on plan description (4) Before declaring a declared project, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government's area. (5) The Minister may make the declaration on the Minister's own initiative or at the request of a local government. Declaration of reconstruction area (1) A regulation (a declaration regulation) may declare a part of the State to be a reconstruction area. nn BRwWN ke 0 ON DW CAD NA PWN KO \o NNNWY WNrR Oo NN Aw 28 Queensland Reconstruction Authority Bill 2011 Part 4 Declarations about declared projects, reconstruction areas and critical infrastructure (2) (3) (4) (5) (6) projects [s 43] However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied— (a) the part of the State has been directly or indirectly affected by a disaster event; and (b) _ the declaration is necessary to facilitate flood mitigation for affected communities, or the protection, rebuilding and recovery of affected communities. Before recommending to the Governor in Council the making of a declaration regulation, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government's area. A declaration regulation for a reconstruction area may declare that land in a part of the area is land (acquisition land) that is subject to section 100. Note— Under section 100, the owner may not dispose of acquisition land other than to the authority or a local government, and the authority or local government may be required to acquire acquisition land. However, the Minister must not recommend to the Governor in Council the making of a declaration regulation for a reconstruction area that includes acquisition land unless the Minister is satisfied the declaration of the acquisition land is necessary for the carrying out of the authority's reconstruction function. If a declaration regulation declares land to be acquisition land, the declaration regulation must— (a) describe the acquisition land; and Example of a description of land— a lot on plan description (b) if the authority may be required to acquire the land under section 100—state that fact; and Page 27 CO OND NH WNK worn ann WNr SO NNN WY WNr Co N KR NN NN on nN Wwny row WW WN Queensland Reconstruction Authority Bill 2011 Part 4 Declarations about declared projects, reconstruction areas and critical infrastructure projects [s 44] Page 28 (7) (8) (c) if a local government may be required to acquire the land under section 100—state that fact and the name of the local government. The declaration regulation must not state a local government for subsection (6)(c) without the agreement of the local government. The Minister may recommend to the Governor in Council the making of a declaration regulation on the Minister's own initiative or at the request of a local government. Notice about declaration of acquisition land (1) (2) (3) (4) As soon as practicable after land is declared to be acquisition land, the authority must— (a) give each owner of the land a notice that— (i) _ states the land is subject to section 100; and (11) states the entity that, under the section, may be required to acquire the land; and (111) includes information about how the section affects the owner's dealing with the land; and (b) give the registrar of titles notice of the declaration. A notice given under subsection (1) must include particulars of the land subject to the declaration. The registrar of titles must keep records that show the land is subject to the declaration. The registrar of titles must keep the records in a way that a search of the freehold land register will show the land is subject to the declaration. Declaration of critical infrastructure project (1) This section applies if the Minister considers the undertaking of a declared project, or particular development in a reconstruction area, is critical or essential for the State for economic, environmental or social reasons. COMAN ANB WNR ON DANN FW NF CS \o NN reo NN Wh NNN Nuns 2931 Queensland Reconstruction Authority Bill 2011 Part 4 Declarations about declared projects, reconstruction areas and critical infrastructure projects [s 46] (2) The Minister may, by gazette notice, declare the project or development to be a critical infrastructure project. Note— For the application of the Judicial Review Act 199] to a decision about declaring a critical infrastructure project, see section 61. Division 2 Relationship with particular Acts about local government 46 Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009 (1) The declaration of a declared project or an area as a reconstruction area does not affect— (a) the operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to land the subject of the declared project or land in the reconstruction area; or (b) _ the area of the relevant local government; or (c) the jurisdiction, under the Acts, of the relevant local government. (2) However, the performance of the relevant local government's functions or the exercise of its powers under the Acts in relation to land the subject of the declared project or land in the reconstruction area is subject to the authority's functions or powers under this Act. Page 29 \o oo an AR W Nr ON ND NABWN KO 22 Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas [s 47] Part 5 Particular powers for declared projects and development in reconstruction areas Division 1 Preliminary 47 Definitions for pt 5 Page 30 In this part— applicant, for a prescribed decision or prescribed process, means the person seeking the decision or undertaking of the process under the relevant law for the decision or process. critical infrastructure project means a declared project or development in a reconstruction area the Minister declares, under section 45, to be a critical infrastructure project. decision-maker— (a) for a prescribed decision, means the entity that may make the decision under the relevant law for the decision; and Example of a decision-maker for paragraph (a)— an assessment manager (b) for a prescribed process, means the entity responsible for undertaking the process under the relevant law for the process. Examples of a decision-maker for paragraph (b)— * aconcurrence agency * an entity that may give evidence required to be given under the Sustainable Planning Act, section 264(1) declaration, for a declared project, means the declaration for the project made by the Minister under section 42. notice to decide see section 50(1). OMANI NH WN CAI DANK W NRK O NN reo" NON wd NN OS NN mon N lo) Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas [s 48] prescribed decision— A prescribed decision means a decision, in relation to a declared project or development in a reconstruction area, required to be made under a law of the State, including, for example, a decision about the construction, undertaking, carrying out, establishment, maintenance or operation of a declared project or development in a reconstruction area. However, a prescribed decision does not include a decision required to be made by the Governor in Council or a Minister. Example of a prescribed decision— a decision of an assessment manager on an application for a development approval prescribed process means a process, in relation to a declared project or development in a reconstruction area, required to be undertaken under a law of the State, including, for example, a process in a stage of IDAS. Example of a prescribed process— the giving of an acknowledgement notice under the application stage of IDAS progression notice see section 49(1). relevant law, for a prescribed decision or prescribed process, means the law, other than this Act, under which the decision may be made or the process undertaken. step-in notice see section 51(1). Application of laws This part applies despite any other law. Page 31 CO OCADNMBWN CrADN PWN KC \o NW a) N N 2428 Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas [s 49] Division 2 Notices about declared projects and development in reconstruction areas Subdivision 1 Progression notice Page 32 Progression notice (1) (2) (3) (4) The authority may, by notice (a progression notice) given to the decision-maker for a prescribed process, require the decision-maker to undertake, within the period stated in the notice, administrative processes required to complete the process. The progression notice must— (a) identify the process, including, for example, a process under a stage of IDAS; and (b) _ state the decision-maker must— (1) undertake the process within the stated period; and (11) inform the authority of the completion of the process within 5 business days after it is completed. On receiving the progression notice, the decision-maker must— (a) subject to subsection (5), undertake the prescribed process within the period stated in the notice for that purpose; and (b) inform the authority of the completion of the process within 5 business days after it is completed. The authority may, by notice given to the decision-maker and without the decision-maker's agreement, extend the period for undertaking the prescribed process. OMAID MN CAND NA FP WN KF CO 2225 27 Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas [s 50] (5) If the authority extends the period for undertaking the prescribed process under subsection (4), the decision-maker must undertake the process within the extended period. (6) Before giving a progression notice for a prescribed process, the authority must have regard to the requirements, if any, under the relevant law for undertaking the process. (7) Subject to this section, the relevant law for the prescribed process continues to apply to the undertaking of the process. Subdivision 2 Notice to decide 50 Notice to decide (1) The authority may, by notice (a notice to decide) given to the decision-maker for a prescribed decision, require the decision-maker to make the decision within the period stated in the notice. (2) The stated period must be at least— (a) 20 business days after the notice is given; or (b) _ if, under the relevant law for the prescribed decision, the decision-maker would, other than for this section, be required to make the decision within a period that is less than the period mentioned in paragraph (a)—the lesser period. (3) The notice to decide must— (a) identify the decision; and (b) _ state the decision-maker must— (i) make the decision within the stated period; and (ii) inform the authority of the decision within 5 business days after it is made. (4) On receiving the notice to decide, the decision-maker must— Page 33 CN DNB WNK OMAN DN BPWNKF CO NN re oO NY NR NY N nA BW N NN mon N lo) Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas [s 51] (5) (6) (7) (8) (9) (a) subject to subsection (6), make the prescribed decision within the period stated in the notice for that purpose; and (b) inform the authority of the decision within 5 business days after it is made. The authority may, by notice given to the decision-maker and without the decision-maker's agreement, extend the period for making the prescribed decision. If the authority extends the period for making the prescribed decision under subsection (5), the decision-maker must make the decision within the extended period. If the prescribed decision relates to an application for a development approval, the notice to decide may be given to the decision-maker only after the decision stage for the application under the Sustainable Planning Acct starts. Before giving a notice to decide for a prescribed decision, other than a decision mentioned in subsection (7), the authority must have regard to the requirements, if any, under the relevant law for the decision about public notification of information or other matters in relation to the decision. Subject to this section, the relevant law for the prescribed decision continues to apply to the making of the decision. Subdivision 3 Step-in notice Page 34 Step-in notice (1) (2) The authority may, with the approval of the Minister, give the decision-maker and applicant for a prescribed decision or a prescribed process a notice (a step-in notice) advising the decision-maker and applicant that the authority is to make an assessment and a decision about the prescribed decision or process under this subdivision. Before deciding to approve the giving of a step-in notice, the Minister must be satisfied the giving of the notice is necessary OO OND AHR WNeR CAND ABRWN FO N oO NN Noe 262830 32 Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas (3) [s 52] to facilitate flood mitigation for an affected community, or the protection, rebuilding and recovery of, an _ affected community. The step-in notice must— (a) identify the decision or process; and (b) state that the authority is the decision-maker for the prescribed decision or process from the time the notice is given until the authority makes a decision, under section 55, about the prescribed decision or process. 52 When step-in notice may be given (1) (2) (3) The authority may give a step-in notice for a prescribed decision or a prescribed process only after a progression notice or notice to decide has been given for the decision or process. If a progression notice or notice to decide has been given for a prescribed decision or process, the step-in notice may be given— (a) at any time after the authority is satisfied the decision-maker has not complied with the progression notice or notice to decide, but before the decision-maker has undertaken the process or made the decision; or (b) if the decision-maker has complied with the progression notice or notice to decide—only if the applicant, by notice given to the authority within 10 business days after the applicant is notified of the decision, asks the authority to give a step-in notice for the decision. Despite subsection (1), a step-in notice also may be given for a prescribed decision at any time after the decision is made until 10 business days after— (a) if an appeal against the decision has been started under the relevant law for the decision—the start of the appeal; or Page 35 OAANID NA HP WNK OD NADN HPWNK CO NN NN WN Fo NNN NNN COAMN ANA Www NRO Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas [s 53] (4) (5) (b) otherwise—the expiry of the period, under the relevant law for the decision, for starting an appeal against the decision. For subsection (2)(b), the step-in notice must be given to the decision-maker within a reasonable period after the authority receives the request. In this section— appeal includes review. 53 Providing assistance or recommendations (1) (2) (3) Page 36 The decision-maker for the prescribed decision or prescribed process must give the authority all reasonable assistance or materials it requires to act under this subdivision, including— (a) all material about the prescribed decision or process the decision-maker had before the step-in notice was given; and (b) any material received about the prescribed decision or process by the decision-maker after the step-in notice was given. Without limiting subsection (1), the authority may, by notice, require the decision-maker to give the authority within the reasonable period stated in the notice a written report containing— (a) an assessment of matters, stated in the notice, relevant to the prescribed decision or process; or (b) recommendations about the assessment mentioned in paragraph (a), including, for example, recommendations about proposed conditions relevant to the prescribed decision or process. Subsection (4) applies if, other than for the giving of the step-in notice, under the relevant law for the prescribed decision a local government could have imposed a condition, in relation to the decision, for infrastructure to which the Sustainable Planning Act, chapter 8, part 1, applies. CoN DNB WNR OAD NAPW NFO 22 24 2628 3032 Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas [s 54] (4) The local government may, before the authority makes a decision under section 55 about the prescribed decision, give the authority a written recommendation to impose the condition. 54 Effects of step-in notice (1) Ifthe authority gives a step-in notice for a prescribed decision or prescribed process— (a) (d) (e) (f) the authority is the decision-maker under the relevant law for the prescribed decision or process from the time the step-in notice is given until the authority makes a decision under section 55 about the prescribed decision or process; and for making the decision, the authority has all the powers of the decision-maker under the relevant law for the prescribed decision or process; and for making the decision, the authority must consider the following— (i) the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law; (11) the main purpose of this Act; and if the prescribed decision or process relates to an application for a development approval—the assessment manager and each concurrence agency for the application is, under the Sustainable Planning Act, taken to be an advice agency for the application until the authority makes its decision about the prescribed decision or process; and if an appeal was made or was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal is of no further effect; and despite paragraph (a), the authority's decision about the prescribed decision or process is taken to be the exercise Page 37 BWNFe One ID nN Ome AD NPW NK O NY N rr Oo NNNNNNN ONDAHRWH WWWwWh Nr Cow Ww RO Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas [s 55] (2) of a power or performance of a function of the authority under this Act. In this section— advice agency means an advice agency under the Sustainable Planning Act. appeal includes review. 55 Authority's decision (1) After making an assessment about the prescribed decision or prescribed process, the authority may— (2) (3) Page 38 (a) (b) if the decision has not been made or the process has not been undertaken by the decision-maker— (i) make the decision or undertake the process; or (11) send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or (111) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or otherwise— (i) confirm or amend the decision; or (11) cancel the decision and substitute a new decision. In acting under subsection (1), the authority may, for the prescribed decision, impose conditions it considers necessary or desirable having regard to— (a) (b) the nature of the declared project, or development in the reconstruction area, to which the decision relates; and the matters mentioned in section 54(c) the authority considered for the decision. If the authority receives a recommendation under section 53(4) to impose a condition in relation to the prescribed Nn ABW NKR oo OAND NPW NY FO N NY N NF oO NNN an BW NN ND NN \o 0 Ww re oO Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas (4) (5) (6) (7) (8) [s 56] decision, the authority must impose the condition unless the Minister directs otherwise. The authority's decision to impose a condition under subsection (3) is taken to be a decision for the purposes of the Sustainable Planning Act, section 633(2)(b). For a condition imposed under this section, the authority may nominate an entity that is to have jurisdiction, under the relevant law for the prescribed decision, for the condition. An entity may be nominated for | or more of the conditions. If the authority nominates an entity under subsection (5), the authority must give each of the following notice of the nomination— (a) _ the entity; (b) | the decision-maker and the applicant for the prescribed decision. Subject to this subdivision, the relevant law for the prescribed decision or process applies to the making of the authority's decision under this section. Effects of decision (1) (2) [he authority's decision under section 55 about the prescribed decision or prescribed process, including a decision to impose a condition— (a) is taken to be a decision of the decision-maker (the original decision-maker) under the relevant law for the prescribed decision or process but a person may not appeal against the authority's decision under this Act or the relevant law; and (b) takes effect when the applicant for the prescribed decision or process and the original decision-maker are given notice under section 57 of the authority's decision. A condition imposed by the original decision-maker in relation to the prescribed decision is of no effect to the extent it is inconsistent with a condition imposed by the authority. Page 39 O OND ARW NK OAD NAH WwW NYO 2124262932 Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas [s 57] Page 40 (3) If the original decision-maker makes another prescribed decision for the declared project, or development in the reconstruction area, to which the step-in notice relates, the other prescribed decision must not be inconsistent with the authority's decision. Notice of decision (1) (2) The authority must give notice of its decision under section 55 about the prescribed decision or prescribed process to— (a) the applicant and decision-maker for the prescribed decision or process; and (b) each entity nominated by the authority to have jurisdiction for a condition in relation to the prescribed decision or process. The notice must include— (a) | the reasons for the authority's decision; and (b) the conditions, if any, imposed under section 55(2) in relation to the decision. Report about decision (1) (2) The authority must prepare a report about each step-in notice given for a prescribed decision or prescribed process. The authority must include the following in the report— (a) acopy of the step-in notice; (b) details of each entity nominated, under section 55(5), to have jurisdiction for a condition in relation to the prescribed decision or process; (c) a copy of the notice, given under section 57, of the authority's decision; (d) other details about the authority's decision required by the Minister. ABWNR 0 ON DW AD NA FP WNRK CO 212427 29 Queensland Reconstruction Authority Bill 2011 Part 5 Particular powers for declared projects and development in reconstruction areas [s 59] (3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after notice is given under section 57 of the authority's decision. Division 3 Other matters 59 Recovering cost of advice or services (1) This section applies if, in making an assessment under this part about a prescribed decision or prescribed process, the authority obtains from another entity advice or services the authority considers necessary to make the assessment. (2) The authority may recover from the applicant for the prescribed decision or process as a debt the reasonable cost of obtaining the advice or services. 60 No requirement to consult on particular actions The authority is not required to consult with anyone before giving a progression notice or notice to decide under this part. 61 Application of Judicial Review Act 1991 The Judicial Review Act 1991, parts 3 and 5, other than section 41(1), do not apply to— (a) a decision of the Minister to declare— (i) a declared project or development in a reconstruction area to be a critical infrastructure project; or (11) a declared project if the project is a critical infrastructure project; or (b) a decision of the authority to give a progression notice, notice to decide or a step-in notice for a critical infrastructure project; or Page 41 WNre OMAID MN an ona 22 24 26 Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 62] (c) the authority's decision under section 55 about a prescribed decision or prescribed process for a critical infrastructure project; or (d) a decision or conduct leading up to or forming part of the process of making a decision mentioned in paragraph (a), (b) or (c). Note— The Judicial Review Act 1991, part 3 deals with statutory orders of review, and part 5 deals with prerogative orders and injunctions. Part 6 Development schemes Division 1 Making development schemes 62 Authority may make development scheme (1) Subject to the other provisions of this division, the authority may make a development scheme for a declared project, a reconstruction area or part of a reconstruction area. (2) The development scheme is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act. 63 Content of development scheme (1) The development scheme may provide for any matter that the authority considers will promote the proper and orderly planning, development and management of the declared project or reconstruction area. (2) The development scheme must include— (a) a land use plan regulating development for the project or in the area; and Page 42 worm nt ANB WNR COND NARW NY 2123 26 (3) (4) (b) (c) Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 63] a plan for infrastructure for the project or in the area; and an implementation strategy to achieve the reconstruction function of the authority for the project or in the area, to the extent it is not achieved by the land use plan or the plan for infrastructure. Without limiting subsection (2)(a), the land use plan may— (a) (b) (c) (d) (e) provide for any matter about which a planning instrument may provide; or identify development for the project or in the area to be any of the following categories of development under the Sustainable Planning Act— (i) | self-assessable development; (11) development requiring compliance assessment; (111) assessable development ; (iv) prohibited development; or require impact assessment or code assessment, or both impact and code assessment, under the Sustainable Planning Act for assessable development; or include a code for IDAS; or state that particular development is consistent or inconsistent with the plan. In making the development scheme, the authority must consider, but is not bound by, a requirement under any of the following relevant to the project or area— (a) (b) a planning instrument; a plan, policy or code made under the Sustainable Planning Act or another Act. Page 43 Om NA DNBPW NR CAN DN FW NK SO N ro) NN eed NNN nBwW N a NN on Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 64] Page 44 Development scheme may make provision for particular assessable development (1) (2) (3) (4) A development scheme may provide that assessable development prescribed under the Sustainable Planning Act, section 232(1) is not assessable development for a declared project or reconstruction area. If a development scheme provides that development is not assessable development for the declared project or reconstruction area, the development is not assessable development under the Sustainable Planning Act, section 232(1) for the declared project or reconstruction area. A development scheme may provide that an entity that, but for the development scheme, would be a referral agency for a development application for the declared project or reconstruction area, is not a referral agency for the development application. f a development scheme provides that an entity is not a referral agency for a development application, the entity is not a referral agency for the application under the Sustainable Planning Act. Preparation of proposed development scheme Before preparing a proposed development scheme, the authority must— (a) consult, in the way it considers appropriate, with the relevant local government; and (b) make reasonable endeavours to consult, in the way it considers appropriate, with any of the following the authority considers will be likely to be affected by a development scheme for the declared project or reconstruction area— (i) a government entity or GOC; (11) a person or other entity. OMANI DANHBW NR SFSOAI ANBWN YK © N 23 25 272932 Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 66] Public notification (1) After preparing the proposed development scheme, the authority must— (a) publish the proposed scheme on its website; and (b) ina gazette notice— (i) state that the proposed scheme may be inspected on the authority's website; and (11) invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period); and (c) publish a notice to the same effect as the gazette notice at least once in a newspaper circulating in the area of the relevant local government. (2) The submission period must be at least 30 business days. Submissions on proposed scheme Anyone may make submissions about the proposed development scheme within the submission period. Consideration of submissions (1) The authority must consider any submissions received within the submission period. (2) Subsection (1) does not prevent the authority from considering a submission made to it after the submission period has ended. Amendment of proposed scheme (1) After complying with section 68, the authority may amend the proposed development scheme in any way it considers appropriate. Page 45 OD ND NA HB WN BR WNrF OC Nn mon 2226 Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 70] (2) If the authority considers the amendment significantly changes the proposed scheme, it must re-comply with sections 66 and 68 for the amended scheme. 70 Initial making and submission of scheme (1) The authority must, as soon as practicable after complying with sections 68 and 69, make the development scheme (the submitted scheme) and give it to the Minister. (2) The submitted scheme must be accompanied by a report that— (a) summarises the submissions considered by the authority; and (b) is about— (i) the merits of the submissions; and (11) to what extent the proposed development scheme was amended to reflect the submissions. 71 Notice of submitted scheme The authority must, as soon as practicable after giving the Minister the submitted scheme, give each person (a submitter) who made a submission received within the submission period about the scheme a notice stating that— Page 46 the scheme has been made and submitted to the Minister; and the authority's report about the submitted scheme can be inspected on its website; and if the submitter is an affected owner for the relevant declared project or reconstruction area—the submitter may, within 20 business days after receiving the notice, ask the Minister to amend the submitted scheme to protect the owner's interests. WNre OM NANNDN fF Ak WN FO wowon ad 22 24 2628 Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 72] Ministerial power to amend submitted scheme at affected owner's request (1) The Minister may amend the submitted scheme in a way the Minister considers appropriate to protect an affected owner's interests. (2) However, the amendment may be made only if— (a) (b) the affected owner has, within 20 business days after being given notice of the submitted scheme under section 71, asked the Minister to amend it to protect the owner's interests; and the amendment is made within 40 business days after the submitted scheme was given to the Minister. Direction to authority to engage again in public notification and submissions If the Minister considers an amendment of the submitted scheme significantly changes the submitted scheme, the Minister must give the authority a written direction to re-comply with sections 66, 68, 69 and 70 for the submitted scheme as amended. When proposed scheme takes effect The development scheme does not take effect until it has been approved under a regulation. Notice of development scheme The authority must, as soon as practicable after the development scheme takes effect— (a) (b) publish the scheme on its website; and publish, at least once in a newspaper circulating in the area to which the development scheme applies, a notice stating that— (i) _ the scheme has been approved; and Page 47 OAmAN DD NPW NK oO NOR OMANNMN HW 22 25 28 Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 76] (11) the scheme may be inspected on the authority's website; and (c) give each person who made a submission received within the submission period about the scheme a notice stating that— (i) _ the scheme has been approved; and (11) the authority's report about the scheme can be inspected on its website. Division 2 Amendment, tabling and inspection of development schemes 76 Authority may amend development scheme (1) The authority may amend a development scheme only if procedures under division | for making a development scheme have been followed. (2) Division | applies to the amendment as if— (a) a reference in the division to making a development scheme were a reference to the making of the amendment; and (b) a reference in the division to a proposed development scheme were a reference to the proposed amendment. 77 Tabling and inspection requirement (1) This section applies if— (a) a regulation under this part approves a development scheme or an amendment of a development scheme; and (b) the development scheme or amendment is not part of, or attached to, the regulation. (2) The Minister must, when the regulation is tabled in the Legislative Assembly under the Statutory Instruments Act Page 48 CID ABW NR SO OND WA BWN N 24 26 28 (3) Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 78] 1992, section 49, also table a copy of the development scheme or amendment. A failure to comply with this section does not invalidate or otherwise affect the regulation. Division 3 Effect of development scheme on other instruments 78 Relationship with other instruments (1) (2) If there is a conflict between a development scheme and any of the following instruments, the development scheme prevails to the extent of the inconsistency— (a) aplanning instrument; (b) a plan, policy or code made under the Sustainable Planning Act or another Act. A development scheme may suspend or otherwise affect the operation of a planning instrument, but does not amend the planning instrument. Division 4 Relationship with Sustainable Planning Act Subdivision 1 Preliminary 79 Application of sdivs 2 and 3 Subdivisions 2 and 3 apply to a development application for development in an area to which a development scheme for a declared project or a reconstruction area, or part of a reconstruction area, applies. Page 49 BW NF nN wow x DAN WN KF © —~ 2224 Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 80] Subdivision 2 Assessing development applications 80 Referral agency's assessment of development application (1) (2) A referral agency must, in assessing the development application, have regard to the development scheme. This section does not limit the Sustainable Planning Act, section 282. 81 Assessment manager's assessment of development application (1) (2) (3) An assessment manager must assess the development application against the development scheme. To remove any doubt, it is declared that, for assessing the development application under the Sustainable Planning Act, chapter 6, part 5, division 2, the development scheme is a law for sections 311 and 317 of that Act. This section does not limit the Sustainable Planning Act, sections 313, 314 and 316. Subdivision 3 Deciding development applications 82 Decision generally (1) (2) Page 50 The assessment manager's decision on the development application may be inconsistent with a State planning regulatory provision under the Sustainable Planning Act if the conflict is necessary to ensure the decision complies with the development scheme. This section applies despite the Sustainable Planning Act, section 324(3) or 327(3). CoN AN HW ON ADANPW NF OC 222427 Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 83] 83 Restriction on granting development approval (1) (2) The assessment manager can not grant a development approval for the development application if the development would be inconsistent with the land use plan for the development scheme unless— (a) a preliminary approval under the Sustainable Planning Act is in force for the land; and (b) the development would be consistent with the preliminary approval. To remove any doubt, it is declared that subsection (1) does not require the assessment manager to grant the development approval only because subsection (1)(a) and (b) applies. Subdivision 4 Compliance stage under IDAS 84 Application of compliance stage The compliance stage under the Sustainable Planning Act applies to— (a) development identified in a development scheme as development requiring compliance assessment; or (b) adocument or work stated in a development scheme as a document or work requiring compliance assessment. 85 Nominating a document or work for compliance assessment (1) (2) A development scheme may state that a document or work is a document or work requiring compliance assessment. If a development scheme identifies development requiring compliance assessment, or states that a document or work is a document or work requiring compliance assessment, the development scheme must state— (a) the matters or things against which the development, document or work must be assessed; and Page 51 Come ND NABWN Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 86] (b) _ the entity to whom a request for compliance assessment under the Sustainable Planning Act must be made. (3) The development scheme also may state, for documents or work, when the request for compliance assessment must be made. (4) An entity mentioned in subsection (2)(b) is a compliance assessor for the request under the Sustainable Planning Act. AD NABW NK 86 Condition of development approval or compliance permit about compliance assessment \o co For assessing a document or work requiring compliance assessment, the Sustainable Planning Act, section 398(3) applies as if that section included a reference to a development scheme. WNr Oo 87 Assessment of request For assessing development, a document or work requiring compliance assessment, a development scheme is a relevant instrument for the Sustainable Planning Act, section 403. NDNDN fF 88 Making request for compliance assessment 8 (1) This section applies if, under a development scheme, a person 9 is required to request compliance assessment of adocument or 20 work within a period stated in the development scheme. 21 (2) The person must comply with the requirement. 22 Maximum penalty—165 penalty units. 23 Subdivision 5 Existing uses 24 89 Lawful use of premises protected 25 (1) This section applies if, immediately before the taking of effect 26 of a development scheme, or of an amendment of a 27 Page 52 (2) (3) Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 90] development scheme, the use of premises to which the scheme relates was a lawful use of the premises. Neither the development scheme nor the amendment can— (a) _ stop the use from continuing; or (b) further regulate the use; or (c) require the use to be changed. In this section— lawful use, of premises, includes— (a) a use that is generally in accordance with a current rezoning approval given under— (i) the repealed Local Government Act 1936, section 33(5)(k), to which section 33(5)(m) of that Act also applied; or (ii) the repealed Local Government (Planning and Environment) Act 1990, section 4.5(6), 4.8(6), 4.10(6) or 8.10(9A); and (b) a use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under the Sustainable Planning Act. material change of use, of premises, see the Sustainable Planning Act, section 10. Lawfully constructed buildings and work protected To the extent a building has been lawfully constructed or work lawfully carried out, neither a development scheme nor an amendment of a development scheme can require the building or work to be altered or removed. New instruments can not affect existing development approval or compliance permit (1) This section applies if— Page 53 Oo ON DN FW NK OmAANI DNB WNrK CO N oO NW Ne 2527 29 Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 92] Page 54 (2) (a) a development approval or compliance permit exists for premises; and (b) after the approval or permit is given, a new development scheme or amendment of a development scheme commences. To the extent the approval or permit has not lapsed, neither the development scheme nor the amendment can stop or further regulate the development, or otherwise affect the approval or permit. Minister's power to amend development approval or compliance permit (1) (2) (3) (4) (5) [The Minister may, by a notice given to the assessment manager and the holder of an existing development approval for development in a reconstruction area for which there is a development scheme, amend the development approval if satisfied the amendment is necessary for the carrying out of the authority's reconstruction function. For the Sustainable Planning Act, any amendment of a development approval under subsection (1)— (a) is taken to be a part of the approval; and (b) is taken to have been made by the assessment manager for the development approval; and (c) takes effect when the notice under subsection (1) is given. If an assessment manager is given a notice under subsection (1), the assessment manager must keep the notice available for inspection and purchase under the Sustainable Planning Act. If there is an inconsistency between the amendment and the development approval, the amendment prevails to the extent of the inconsistency. The Minister may, by a notice given to the holder of an existing compliance permit and the entity that gave the permit for development in a reconstruction area for which there is a development scheme, amend the permit if satisfied the OMAND NABRW NR OM ADMNABHWN KO N oO NN Noe NN KO NNN NINN WNN lanNome ) Www iw BWNrR (6) (7) (8) (9) (10) Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 93] amendment is necessary for the carrying out of the authority's reconstruction function. For the Sustainable Planning Act, any amendment of a compliance permit under subsection (5)— (a) is taken to be a part of the permit; and (b) is taken to have been made by the entity that gave the permit; and (c) takes effect when the notice under subsection (5) is given. If an entity that gave a compliance permit is given a notice under subsection (5), the entity must keep the notice available for inspection and purchase under the Sustainable Planning Act. If there is an inconsistency between the amendment and the compliance permit, the amendment prevails to the extent of the inconsistency. This section applies despite sections 89, 90 and 91. In this section— existing, for a development approval or a compliance permit, means a development approval or compliance permit in effect for development in a reconstruction area, or part of a reconstruction area, immediately before a development scheme takes effect for the area or part. Subdivision 6 Community infrastructure designations Community infrastructure designations (1) (2) A community infrastructure designation can not be made for land to which a development scheme applies. However, a community infrastructure designation in force immediately before a development scheme takes effect for land continues in force for the land. Page 55 OD AND NV BPW NK CoNrANY DNR WNFK SO 2225 28 30 Queensland Reconstruction Authority Bill 2011 Part 6 Development schemes [s 94] (3) Subsection (1) applies, despite the Sustainable Planning Act, chapter 5. How IDAS applies to land under community infrastructure designation Development on land under a community infrastructure designation that is in force immediately before a development scheme takes effect is exempt development under the Sustainable Planning Act, to the extent the development is self-assessable development, development requiring compliance assessment or assessable development under the development scheme. Subdivision 7 Miscellaneous provision Page 56 Planning and Environment Court may make declarations (1) (2) (3) The authority may bring a proceeding in the Planning and Environment Court for a declaration about— (a) amatter done, to be done or that should have been done for this Act; or (b) _ the interpretation of this Act; or (c) | the lawfulness of land use or development— (i) for a declared project; or (11) ina reconstruction area. The court may make— (a) a declaration about a matter mentioned in subsection (1); or (b) an order about the declaration. In this section— Planning and Environment Court means the Planning and Environment Court under the Sustainable Planning Act. Ne OMADN HW Oo OAD NH W 2124 26 28 Queensland Reconstruction Authority Bill 2011 Part 7 Undertaking works, taking land, dealing with roads and application of particular laws [s 96] Part 7 Undertaking works, taking land, dealing with roads and application of particular laws Division 1 Provisions about undertaking works 96 Direction for authority to undertake works (1) This section applies if the Minister is satisfied that, for the effective and efficient carrying out of the authority's reconstruction function, it is necessary or desirable for particular works to be undertaken by the authority. (2) A regulation may direct the authority to undertake the works. (3) Ifa regulation directs the authority to undertake the works, the State Development Act, sections 110, 111(2) to (4) and 112 apply in relation to the direction as if— (a) the references in the sections to section 109 were a reference to this section; and (b) _ the references in the sections to the Coordinator-General were references to the authority; and (c) the reference in section 110(1) of that Act to 'or other person directed under the section' were omitted; and (d) the reference in section 110(2) of that Act to 'or by another person on behalf of the Coordinator-General' were omitted. Application of State Development Act for transfer of authorised works The State Development Act, section 134 applies in relation to to authorised works under this Act as if— (a) _ the references in the section to the Coordinator-General were references to the authority; and Page 57 Nn omni an ON DAN PWN YF CO N ow NNW WN re 25 27 29 Queensland Reconstruction Authority Bill 2011 Part 7 Undertaking works, taking land, dealing with roads and application of particular laws [s 98] (b) (c) the references in the section to authorised works were references to authorised works under this Act; and the reference in section 134(2) of that Act to the Minister were a reference to the Minister administering this Act. 98 Application of State Development Act for works on foreshore or under waters For the effective and efficient carrying out of the authority's reconstruction function, the State Development Act, section 140 applies to the authority as if the references in the section to the Coordinator-General were references to the authority. Division 2 Provisions about taking land and entry to land 99 Authority's power to take land (1) The authority may, as provided under this section, take land for any of the following purposes— (a) (b) (c) (d) to carry out authorised works; to implement a development scheme for a declared project or a reconstruction area; to carry out the authority's reconstruction function; to comply with section 100(3). (2) The Acquisition of Land Act 1967 (the ALA) applies for taking land under subsection (1) and paying compensation for the land taken as if— Page 58 the taking were a taking under the ALA by a constructing authority; and the constructing authority were the authority; and the reference in the ALA, section 5(1)(c) to the taking of land for a purpose stated in the schedule to that Act were nARW NR woaona w Om AN DN fF 21 2326 29 Queensland Reconstruction Authority Bill 2011 Part 7 Undertaking works, taking land, dealing with roads and application of particular laws (3) (4) (5) (6) [s 100] a reference to the taking of land for a purpose mentioned in subsection (1); and (d) the reference in the ALA, section 9 to the Minister were a reference to the Minister administering this Act. For applying the process for taking land and paying compensation, the ALA applies with all other necessary changes. The power to take land under this section for a purpose (the primary purpose) includes power to take land at any time, either for the primary purpose or for any purpose incidental to the carrying out of the primary purpose. This section does not limit the power of a constructing authority under the ALA to take land under that Act. To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the ALA, even though the process for taking the land and paying compensation for the land is the process stated in that Act. When authority or local government must take land (1) (2) (3) [his section applies if an owner of acquisition land is given a notice under section 44(1)(a) (the relevant notice). The owner must not dispose of the acquisition land other than to the entity (the relevant entity) stated in the relevant notice for the purpose of this section. Maximum penalty—165 penalty units. f the owner of the land gives the relevant entity a notice that the owner proposes to sell the land, the entity must acquire the and from the owner— (a) if the entity is the authority—in the way provided for under section 99; or Note— Under section 102, land taken by the authority may be vested in a government entity, GOC or local government. Page 59 Om NWDMN PW NK NYDNHB WN KF CO 222629 32 Queensland Reconstruction Authority Bill 2011 Part 7 Undertaking works, taking land, dealing with roads and application of particular laws [s 101] Page 60 (4) (5) (b) if the entity is a local government—in the way provided for under the Acquisition of Land Act 1967. If any transaction is entered into in contravention of subsection (2), the transaction is not invalid, and the new owner is taken to have been given notice under section 44(1)(a). This section does not limit the authority's power to take the land for a purpose mentioned in section 99(1)(a) to (c). Authority's power to take public utility easement (1) (2) (3) (4) The authority's power under section 99 to take land for a purpose mentioned in section 99(1), includes the power to create, by registration, a public utility easement over the land under the Land Title Act 1994, part 6, division 4. For the Land Title Act 1994, section 89, the person for whom the land is to be taken under section 99 is taken to be a public utility provider. The easement may be registered under the Land Title Act 1994 without the document having been signed by the owner of the land to be burdened by the easement. Subsection (3) applies despite the Land Title Act 1994, section 83(1). Vesting of land taken (1) (2) (3) Land taken by the authority under this division vests, as provided for in the instrument under which it is taken, in the State, the authority, a government entity, GOC or local government. A regulation may divest any land from the authority and vest the land in the State, a government entity, GOC or local government. The State Development Act, section 128(3) applies to land taken by the authority and vested in the State as if— CN DNPW NK \o Fo OMNI ANH WNK SO NW 2426 2831 Queensland Reconstruction Authority Bill 2011 Part 7 Undertaking works, taking land, dealing with roads and application of particular laws (a) (b) (c) [s 103] the reference in the subsection to the Coordinator-General were a reference to the authority; and the reference in the subsection to the proclamation were a reference to the instrument; and the reference in the subsection to the works or purposes were a reference to the purposes. 103 Power to use, lease or dispose of land The authority may, to give effect to a purpose mentioned in section 99(1), do any or all of the following— (a) (b) (c) (d) lease, or agree to lease, to any person land taken, or proposed to be taken, under this division; sign an agreement with any person to carry out, own, operate and maintain any works or development on land taken, or proposed to be taken, under this division; sign an agreement with any person in relation to works or development for land taken, or proposed to be taken, under this division; sell land taken, or agree to sell land to be taken, under this division. 104 Application of other provisions of the State Development Act about the taking of land The State Development Act, sections 130, 132 and 133 apply in relation to the taking of land by the authority under this division as 1f— (a) (b) the references in the sections to the Coordinator-General were references to the authority; and the reference in section 130(1) of that Act to the proclamation were a reference to the instrument; and Page 61 NAD NB WNR \o SO OAD NARW NK © N 2427 29 Queensland Reconstruction Authority Bill 2011 Part 7 Undertaking works, taking land, dealing with roads and application of particular laws [s 105] (c) the references in sections 130 and 133 of that Act to 'this Act' were references to 'the Queensland Reconstruction Authority Act 2011'. 105 Application of provisions of the State Development Act about entry to land (1) An authorised person may, to undertake authorised works, exercise a power stated in the State Development Act, section 136(1)(a) to (f) in relation to land. (2) For subsection (1), the State Development Act, section 136(1)(f) applies as if— (a) the reference in that paragraph to the Coordinator-General were a reference to the authority; and (b) _ the reference in that paragraph to officers or employees were a reference to authorised persons. (3) The State Development Act, section 136(2) to (4) applies to the exercise of a power mentioned in subsection (1) as if— (a) the reference in section 136(4) of that Act to the Coordinator-General were a reference to the authority; and (b) the reference in section 136(4) of that Act to 'or his or her delegate' were omitted. (4) Also, the State Development Act, section 139(1), (2), (3) and (5) applies to the exercise of a power mentioned in subsection (1) as if— (a) _ the references in the subsections to section 136 included a reference to section 136 as applied under this section; and (b) the reference in section 139(5) of that Act to the Coordinator-General were a reference to the authority. (5) The authority may, by notice in writing given to an appropriately qualified person, authorise the person to Page 62 WNre OO OAD WS OD NAD NHR WNK CO N NY WY Ww NRF © N NNN NN COND Wn Ww oO Ww Ne Queensland Reconstruction Authority Bill 2011 Part 7 Undertaking works, taking land, dealing with roads and application of particular laws (6) (7) [s 106] exercise a power under the State Development Act, section 136(1)(a) to (f) as applied under this section. In exercising or attempting to exercise a power mentioned in subsection (1) at a place, the authorised person must take all reasonable steps to ensure the authorised person causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances. In this section— appropriately qualified, for the exercise of a power, means having the qualifications, experience or standing appropriate to exercise the power. Example of standing— a person's classification or level in a department land does not include a part of a place where a person resides. Division 3 Dealing with roads 106 Roads and road closures (1) (2) (3) (4) (5) (6) The authority may perform functions or exercise powers for a road in a reconstruction area that the authority considers necessary or desirable to perform its other functions. Without limiting subsection (1), the authority may, by gazette notice, permanently or temporarily close all or part of a road in a reconstruction area. Before the closing of the road takes effect, the authority must publish a notice the authority considers appropriate about the closure in a newspaper circulating in the reconstruction area. Failure to comply with subsection (3) does not invalidate the closure. The authority may do everything necessary to stop traffic using a road or part of a road closed under this section. To remove any doubt, it is declared that this section applies— Page 63 CO OANIDMBW NR BR WN eR SC Nn own a 22 2427 29 Queensland Reconstruction Authority Bill 2011 Part 7 Undertaking works, taking land, dealing with roads and application of particular laws [s 107] Page 64 (a) whether or not a road is a State-controlled road under the Transport Infrastructure Act 1994; and (b) whether or not the Land Act 1994 applies to a road. Power to vest land in permanently closed road or unallocated State land in reconstruction areas (1) (2) (3) (4) The Authority may, by gazette notice, declare that any of the following land in a reconstruction area is vested, in fee simple, in the authority— (a) land that comprised a road under the Land Act 1994 that has been permanently closed under section 106; (b) unallocated State land under the Land Act 1994. The chief executive of the department in which the Land Act 1994 is administered must, under that Act, register the vesting if the authority lodges in the land registry under that Act— (a) arequest under that Act to register the vesting; and (b) if that chief executive so requires—a plan of subdivision under that Act for the land the subject of the vesting; and (c) acopy of the gazette notice. On the registration of the request to vest, the Governor in Council may issue to the authority a deed of grant under the Land Act 1994 for the land the subject of the vesting. Despite the Land Act 1994 and the Land Title Act 1994, no fee is payable by the authority in relation to the registration of the vesting or to give effect to it. Giving information about roads to relevant local government (1) (2) This section applies if the authority performs a function or exercises a power relating to a road or former road in a reconstruction area. The authority must give the relevant local government the information the authority has to allow the local government to Oo CAD nN CAND NA PWN KF CO 2326 2831 Queensland Reconstruction Authority Bill 2011 Part 8 Direction to take action about local planning instruments [s 109] comply with its obligation for its map and register of roads under the Local Government Act 2009, section 74. Division 4 Application of other laws 109 Application of State Development Act, pt 7 The State Development Act, sections 154 to 156 apply in relation to works undertaken by the authority or chief executive officer as if— (a) a reference in section 154 or 155 to the Coordinator-General included a reference to the authority or chief executive officer; and (b) the reference in section 155 to 'or the Coordinator-General's delegate' were omitted. 110 Application of Sustainable Planning Act Despite the Sustainable Planning Act, section 14(1), that Act does not bind the authority or chief executive officer in relation to the authority's or chief executive officer's functions or powers under this Act. Part 8 Direction to take action about local planning instruments 111 Procedures before exercising particular power (1) Before a power is exercised under section 112, the Minister must give notice of the proposed exercise of the power to the local government to be affected by the exercise of the power. (2) However, notice need not be given if the power is proposed to be exercised at the local government's request. Page 65 OM NANNDN fF NYNNAH W 19 2225 Queensland Reconstruction Authority Bill 2011 Part 8 Direction to take action about local planning instruments [s 112] Page 66 (3) (4) (5) The notice must state— (a) _ the reasons for the proposed exercise of the power; and (b) a period within which the local government may make submissions to the Minister about the proposed exercise of the power. The Minister must consider any submissions made under subsection (3) and advise the local government that the Minister has decided— (a) not to exercise the power; or (b) _ to exercise the power. If the Minister decides to exercise the power, the Minister must advise the local government the reasons for deciding to exercise the power. Power of Minister to direct local government to take particular action about local planning instrument (1) (2) (3) (4) This section applies if the Minister is satisfied it is necessary to give a direction to a local government to ensure the main purpose of this Act is achieved. The Minister may direct the local government to take an action in relation to— (a) a local planning instrument; or (b) a proposed local planning instrument; or (c) aproposed amendment of a local planning instrument. Example for paragraph (c)— an amendment to include a structure plan for a declared master planned area under the Sustainable Planning Act The direction may be as general or specific as the Minister considers appropriate and must state the reasonable period within which the local government must comply with the direction. Without limiting subsection (2), the direction may require the local government to— Oo OANID ABW YN WNr Oo COND nN 22 24 26 2830 32 (5) Queensland Reconstruction Authority Bill 2011 Part 8 Direction to take action about local planning instruments [s 113] (a) review its planning scheme; or (b) make a planning scheme or amend its planning scheme; or (c) make or repeal a temporary local planning instrument; or (d) make, amend or repeal a planning scheme policy. In this section— planning scheme see the Sustainable Planning Act, section 79. planning scheme policy see the Sustainable Planning Act, section 108. temporary local planning instrument see the Sustainable Planning Act, section 101. 113. Power of Minister if local government does not comply with direction (1) (2) (3) If the local government does not comply with the Minister's direction under section 112 within the reasonable period stated in the notice, the Minister may take the action the Minister directed the local government to take. Anything done by the Minister under subsection (1) is taken to have been done by the local government and has the same effect as it would have if the local government had done it. An expense reasonably incurred by the Minister in taking an action under subsection (1) may be recovered from the local government as a debt owing to the State. 114 Minister to give notice of direction If the Minister gives a local government a direction under section 112, the Minister must ensure a copy of the direction is given to the chief executive of the department in which the Sustainable Planning Act is administered. Page 67 om NY DD WB WN WN Fo OMAD NS 22 242830 Queensland Reconstruction Authority Bill 2011 Part 9 General offence provisions and legal proceedings [s 115] Part 9 General offence provisions and legal proceedings Division 1 Offences 115 Duty to act honestly Page 68 (1) This section applies to a person who is a member of the board or an officer of the authority. (2) The person must at all times act honestly in the exercise of the person's powers and the performance of the person's functions. Maximum penalty—200 penalty units. Disclosure of information A person must not disclose information obtained in the administration of this Act, or another Act giving functions to the authority, unless the disclosure is made— (a) (b) (c) (d) (e) with the agreement of the person from whom the information was obtained; or for the administration of this Act or another Act giving functions to the authority; or in legal proceedings; or under the Crime and Misconduct Act 2001 or the Ombudsman Act 2001; or with another lawful excuse. Maximum penalty—100 penalty units. OMAN AN fF CN DAWN BWNY \o NN re oO NON wi N Queensland Reconstruction Authority Bill 2011 Part 9 General offence provisions and legal proceedings [s 117] False or misleading information (1) (2) A person must not, for the purposes of this Act, state anything the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units. It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person's knowledge. False or misleading documents (1) (2) A person must not, for the purposes of this Act, give the authority a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—200 penalty units. It is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person's knowledge. Obstructing authorised person (1) (2) A person must not obstruct an authorised person who is exercising a power under this Act, unless the person has a reasonable excuse. Maximum penalty—100 penalty units. In this section— obstruct includes hinder and attempt to obstruct or hinder. Page 69 COND NA BWN NANDN BR WNrK SO 21 23 Queensland Reconstruction Authority Bill 2011 Part 9 General offence provisions and legal proceedings [s 120] Division 2 Legal proceedings Subdivision 1 Evidence Page 70 Application of sdiv 1 This subdivision applies to a proceeding under this Act. Appointments and authority The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it— (a) the appointment of— (i) _ the chairperson; or (11) an authorised person; (b) _ the authority of a person to do anything under this Act. Signatures A signature purporting to be the signature of the chairperson or the chief executive officer is evidence of the signature it purports to be. Other evidentiary aids (1) Ina proceeding, a certificate purporting to be that of the chief executive officer stating any of the following matters is evidence of the matter— (a) a stated document is an appointment or notice made or given under this Act; (b) a stated document is a document given to the authority or chief executive officer; (c) astated document is a copy of a document mentioned in paragraph (a) or (b). Oo OANID WN ABW N own a 23 25 Queensland Reconstruction Authority Bill 2011 Part 10 Miscellaneous provisions [s 124] (2) A statement in a complaint for an offence against this Act that the matter of the complaint came to the complainant's knowledge on a stated day is evidence of when the matter came to the complainant's knowledge. Subdivision 2 Offence proceedings 124 Summary offences An offence against this Act is a summary offence. 125 Limitation on time for starting proceeding for summary offence A summary proceeding under the Justices Act 1886 for a summary offence must start within whichever is the longer of the following— (a) 1 year after the commission of the offence; (b) 6 months after the offence comes to the complainant's knowledge, but within 2 years after the commission of the offence. Part 10 Miscellaneous provisions Division 1 Duty to cooperate and requesting information 126 Extension of duty to cooperate under State Development Act, s 13 (1) This section applies to an entity on whom a duty is imposed, under the State Development Act, section 13(1), to cooperate Page 71 BWNr 111519 21 23 Queensland Reconstruction Authority Bill 2011 Part 10 Miscellaneous provisions [s 127] (2) (3) with the Coordinator-General in the performance of the Coordinator-General's functions and duties under that Act. The entity is also taken to be subject to a duty to cooperate with the authority in the performance of the authority's functions and the exercise of its powers under this Act. The State Development Act, section 13(2) applies to the entity as if— (a) areference in the subsection to the Coordinator-General were a reference to the authority; and (b) the reference in section 13(2)(b) to 'the State or within any area over which the State claims jurisdiction' were a reference to a reconstruction area; and (c) the reference in section 13(2)(c) to the functions or duties of the Coordinator-General were a reference to the functions or powers of the authority. 127 Information requirement made by authority—general (1) (2) (3) (4) (5) Page 72 The authority may, by notice, ask a relevant entity or other person to give the authority information, other than personal information, in the entity's or person's possession or control that the authority reasonably requires for the effective and efficient carrying out of the authority's functions. If the authority asks an entity or other person for information under this section, the entity or person must comply with the request. Maximum penalty—100 penalty units. For subsection (1), information is not taken to be in the entity's or person's control merely because of an agreement between the entity or person (the first person) and anyone else (the second person) under which the second person must give the information to the first person. This section does not limit section 126. In this section— Om ND NHPW NK ARW NFO own a 23272932 Queensland Reconstruction Authority Bill 2011 Part 10 Miscellaneous provisions [s 128] personal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. relevant entity means a government entity, GOC or local government. Information requirement made by authority—prescribed decisions (1) (2) (3) (4) The authority may ask a relevant person for a prescribed decision to give the authority information it reasonably requires— (a) to decide whether to give a progression notice, a notice to decide or a step-in notice for the decision; or (b) to make an assessment and a decision about the prescribed decision under this Act; or (c) to undertake a prescribed process. The relevant person must comply with a request under subsection (1). This section does not limit section 126. In this section— relevant person, for a prescribed decision, means the applicant for the decision or another entity the authority reasonably considers has information that may help it act on the matters mentioned in subsection (1)(a) or (b). Giving of information protected (1) This section applies if a person, acting honestly, gives information or a record (the information) to the authority— (a) in compliance with this division; or (b) otherwise under this Act. Page 73 NAD NABWNH \o co Om AN DN BW NYKO NY N rr Oo NNNN ABRWN 28 30 Queensland Reconstruction Authority Bill 2011 Part 10 Miscellaneous provisions [s 130] (2) The person is not liable, civilly, criminally or under an administrative process, for giving the information. (3) Also, merely because the person gives the information, the person can not be held to have— (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. 130 Interaction with other laws (1) This division does not limit a power or obligation under another Act or law to give information. (2) This division applies to information despite any other law that would otherwise prohibit or restrict the giving of the information. Division 2 Dealing with land held by authority on expiry of Act 131 Vesting of land in Coordinator-General Page 74 (1) This section applies to land held by the authority on the expiry day. (2) On the expiry day, the land is taken to have been divested from the authority and vested in the Coordinator-General. (3) In this section— expiry day means the day this Act expires. ND WN PW NK Oo ew WNr Oo as Queensland Reconstruction Authority Bill 2011 Part 10 Miscellaneous provisions [s 132] Division 3 Other miscellaneous provisions 132 Delegations (1) The chief executive officer may delegate his or her functions (2) under this Act to an appropriately qualified senior executive under the Public Service Act 2008. In this section— appropriately qualified includes having qualifications, experience or standing appropriate for the function. functions includes powers. Protecting officials from liability (1) (2) (3) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State. In this section— official means any of the following when performing a function or exercising a power under this Act— (a) the Minister; (b) amember of the board; (c) an authorised person or another officer of the authority. Ministerial access to information (1) (2) The Minister may by notice require the authority to give the Minister stated information or stated documents, or copies of documents, in the authority's possession. The authority must comply with the requirement. Page 75 OO ON HD NABRW LV Oo OANID NA BPW NK OC 23 Queensland Reconstruction Authority Bill 2011 Part 10 Miscellaneous provisions [s 135] Page 76 Authority's guidelines (1) (2) (3) The authority may make guidelines (each an authority guideline), consistent with this Act, to provide guidance to persons about matters relating to the operation of the Act or the authority. An authority guideline may be amended or replaced by a later guideline made under this section. The authority must— (a) give a copy of an authority guideline to a person on request; and (b) keep a copy of each guideline on the authority's website. Application of provisions (1) (2) (3) This section applies if a provision of this Act applies to another law, or a provision of another law, (each the applied law) for a purpose. The applied law and any definition relevant to it apply with necessary changes. Subsection (2) is not limited merely because a provision states how the applied law is to apply. Approved forms The authority may approve forms for use under this Act. Regulation-making power (1) (2) The Governor in Council may make regulations under this Act. A regulation may impose a penalty of no more than 20 penalty units for contravention of a regulation. OO ODANID NABWN oO OD AD NAHW NV 21 24 26 Queensland Reconstruction Authority Bill 2011 Part 11 Expiry of Act [s 139] Part 11 Expiry of Act Expiry This Act expires 2 years after the day it commences. Part 12 Amendment of Acts Division 1 Amendment of this Act Act amended This division amends this Act. Amendment of long title Long title, from ', and to amend'— omit. Division 2 Amendment of Building Act 1975 Act amended This division amends the Building Act 1975. Amendment of s 231B (What is a regulated pool) Section 231B(3), from 'on common'— omit, insert— 'on either of the following if an approved pool safety management plan is in force for the pool— Page 77 Ww N CN DH Nn Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 144] (a) common property in a class 3 building, including a class 3 building that is to be constructed; (b) land adjacent to land on which a class 3 building is, or is to be, constructed and that is— (i) in the same ownership as the building; or (11) used in association with the building.'. 144 Replacement of s 245J (Application of div 6) Section 245J— omit, insert— '245J Application of div 6 'This division applies to the owner of a swimming pool that is situated on— (a) common property in a class 3 building, including a class 3 building that is to be constructed; or (b) land adjacent to land on which a class 3 building is, or is to be, constructed and that is— (i) in the same ownership as the building; or (11) used in association with the building.'. 145 Amendment of s 245M (Application for approval) Section 245M(3), after 'around the pool'— insert— ' , including, for example, providing for an on-site lifeguard for the pool'. 146 _ Insertion of new ch 11, pt 11 Chapter 11— insert— Page 78 Dn nn BPW NK CoN DN BW NRF CO 21 23 25 'Part 11 Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 146] Transitional and validation provisions for Queensland Reconstruction Authority Act '301 Definition for pt 11 'In this part— exemption period means the period— (a) _ starting on 8 January 2011; and (b) ending on 8 July 2011. relevant building surveying technician means a person who— (a) was a building surveying technician immediately before 1 January 2010; or (b) was issued with a licence or a renewed licence on a decision for an application mentioned in section 287(1). relevant certifying function means a building certifying function for a building or structure having a rise of no more than 2 storeys and a total floor area no more than 500m. '302 Modified application of ch 8 provisions '() (2) Subsection (2) applies to a relevant regulated pool if, but for the subsection, the pool safety standard application day for the pool would happen, or would have happened, during the exemption period because an accommodation agreement is or was entered into. Section 231A, definition pool safety standard application day, paragraphs (b), (c) and (e) apply, and are taken to have applied, to the pool as if the references in the paragraphs to 'the day an accommodation agreement is entered into' were a reference to 'the day, not being a day during the exemption period, an accommodation agreement is entered into'. Page 79 BwWN Oo wAonnan OAD NAH WN FO 2123262830 Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 146] '3) (4) '(5) Section 246ATG does not apply, and is taken not to have applied, to the owner of regulated premises for an accommodation agreement entered into by the owner during the exemption period. Section 246ATL does not apply, and is taken not to have applied, to a licensee under that section in relation to activities carried out by the licensee for an accommodation agreement entered into during the exemption period. In this section— pool safety standard application day see section 231A. regulated pool see section 231B. relevant regulated pool means a regulated pool— (a) in existence on the 2010 Act commencement day; and (b) to which section 231A, definition pool safety standard application day, paragraph (b), (c) or (e) applies. '303 Offence about entering into accommodation agreement Page 80 '() (2) This section applies to the owner of regulated premises during the exemption period if— (a) section 302(3) applies to the owner; and (b) the owner does not have a pool safety certificate for a relevant regulated pool for the premises that is not a shared pool. The owner must, before entering into an accommodation agreement for the premises, give the person who will be the occupier of the premises under the agreement a notice in the approved form. Maximum penalty—165 penalty units. CO OANIDN BPWNK AR WN FF © own NW 222527 Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 147] '304 Additional role of relevant building surveying technician 'A relevant building surveying technician may, while employed by a local government, perform a_ relevant certifying function. '305 Validation of relevant building surveying technician function '() (2) This section applies to a relevant certifying function performed by a relevant building surveying technician between | January 2010 and the day this section commences. The relevant certifying function is taken to be, and have always been, validly performed by the relevant building surveying technician.'. 147. Amendment of sch 2 (Dictionary) (1) (2) (3) Schedule 2— insert— 'exemption period, for chapter 11, part 11, see section 301. relevant building surveying technician, for chapter 11, part 11, see section 301. relevant certifying function, for chapter 11, part 11, see section 301.'. ' Schedule 2, definition accommodation agreement, ', for chapter 8,'— omit. Schedule 2, definition regulated premises, ', for chapter 8, part 4, division 5,'— omit. Page 81 own NW ABW NR WNr Oo om nN DWN 23 26 Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 148] Division 3 Amendment of Disaster Management Act 2003 148 Act amended This division amends the Disaster Management Act 2003. 149 _— Insertion of new s 20B After section 20A— insert— '20B Chairperson may give notice about deemed approvals under Sustainable Planning Act '(1)_ This section applies— (a) if there is a disaster situation; and (b) despite the Sustainable Planning Act. '(2) The chairperson of the State group may give a written notice to a relevant local government for the disaster situation stating that the deemed approval provisions do not apply to a development application (an affected application) made to the local government but not decided before the day the local government receives the notice. '(3) The chairperson may give the notice only if satisfied the giving of the notice is appropriate having regard to the effect on the relevant local government of the disaster for which the disaster situation has been declared. '(4) The notice must state a day (the stated day), being not more than 20 business days after the disaster situation ends, the notice ceases to have effect. '(5) As soon as practicable after giving a notice to a local government under subsection (2), the chairperson must publish, in a newspaper circulating in the local government's local government area, a notice stating— (a) _ that the notice under subsection (2) has been given to the local government; and Page 82 wren DWN COANINDMABRW NY KF OO 22 242729 31 '(6) (7) Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 150] (b) how the notice affects development applications made to the local government. If a notice is given to a local government under subsection (2)— (a) the deemed approval provisions are taken not to apply to an affected application— (i) from the day the local government receives the notice; and (11) to the end of the stated day; and (b) _ the applicant for the affected application can not give a deemed approval notice under the Sustainable Planning Act for the application until after the end of the stated day; and (c) a deemed approval notice given, or purportedly given, under the Sustainable Planning Act for the application after the day the local government receives the notice under subsection (2), and before the stated day ends, is taken to be of no effect under that Act. In this section— deemed approval provisions means the Sustainable Planning Act, chapter 6, part 5, division 3, subdivision 4. development application see the Sustainable Planning Act, schedule 3. relevant local government, for a disaster situation, means a local government in whose local government area the declared area, or part of the declared area, for the disaster situation is situated. Sustainable Planning Act means the Sustainable Planning Act 2009.'. Amendment of s 67 (Extending disaster situation) Section 67(3), '14 days'— Page 83 Oo ON DMN BW NKR CADNHBR WNK SC 23 2527 29 31 Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 151] omit, insert— '28 days'. 151. Amendment of s 72 (Extending disaster situation) Section 72(3), '14 days'— omit, insert— '28 days'. Division 4 Amendment of Integrity Act 2009 152 Act amended This division amends the /ntegrity Act 2009. 153 Amendment of sch 1 (Statutory office holders for section 72C) Schedule 1— insert— "Queensland Reconstruction Authority Act 2011 ¢ the chief executive officer of the Queensland Reconstruction Authority'. Division 5 Amendment of Land Valuation Act 154 Act amended This division amends the Land Valuation Act 2010. 155 Amendment of s 76 (Unprotected valuation roll information to be available for inspection) Section 76— Page 84 nH nA fH WW Dn BW NY KO —~ 22 (5) '(6) Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 156] insert— Despite subsection (2)(b), information about annual valuations that are to take effect on 30 June 201 1— (a) may be made available after the date that is 3 months before 30 June 2011; but (b) must be made available before 30 June 2011. Subsection (5) and this subsection expire on 30 June 2011.'. 156 Amendment of s 79 (Valuation notice to owner) (4) (5) Section 79— insert— Despite subsection (2), notice of an annual valuation that is to take effect on 30 June 2011— (a) may be given after 31 March 2011; but (b) must be given before 30 June 2011. Subsection (4) and this subsection expire on 30 June 2011.'. 157 Amendment of s 203 (Supplying copies of valuation roll) '(SA) (SB) Section 203— insert— Despite subsection (3), for valuations recorded in the roll document that will first take effect on 30 June 2011, subsection (2)— (a) may be complied with after the date that is 3 months before 30 June 2011; but (b) must be complied with before 30 June 2011. Subsection (5A) and this subsection expire on 30 June 2011.'. Page 85 Oo ew ND WR WN nA BW NRF O&O ona 23 25 Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 158] Division 6 Amendment of Public Service Act 158 Act amended This division amends the Public Service Act 2008. 159 Amendment of sch 1 (Public service offices and their heads) Schedule 1— insert— 'Queensland Reconstruction Authority chief executive officer under under the Queensland Reconstruction the Queensland Authority Act 2011 Reconstruction Authority Act 2011'. Division 7 Amendment of State Development and Public Works Organisation Act 160 Act amended This division amends the State Development and Public Works Organisation Act 1971. 161 _—_— Insertion of new pt 9, div 4 Part 9— insert— Page 86 oN AWN RW N Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 161] 'Division 4 Transitional provisions for expiry of Queensland Reconstruction Authority Act 2011 '183 Definition for div 4 'In this division— Reconstruction Act means the Queensland Reconstruction Authority Act 2011. '184 Application of div 4 'This division applies on and after the day the Reconstruction Act expires. Note— The Reconstruction Act expires 2 years after the day it commences. '485 Requirement for Coordinator-General to advise registrar of titles '(1)_ This section applies if land vests in the Coordinator-General under the Reconstruction Act, section 131. '(2) As soon as practicable after the land vests in the Coordinator-General, the Coordinator-General must give written notice of the vesting to the registrar of titles. '(3) On receiving the notice, the registrar of titles must record in the freehold land register that the land has vested in the Coordinator-General. '186 Dealing with acquisition land '(1) The owner of acquisition land must not dispose of the land other than to— (a) if the entity stated in the notice given under the Reconstruction Act, section 44(1)(a)(ii) for the land (the Page 87 w NYDN NN N OMANI AN HW 22 25 27 Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 161] '187 Page 88 (2) '3) (4) '(5) '(6) relevant notice) is the Queensland Reconstruction Authority—the Coordinator-General; or (b) if paragraph (a) does not apply—the local government stated in the relevant notice for the land. Maximum penalty—165 penalty units. If subsection (1)(a) applies to the owner of acquisition land and the owner gives the Coordinator-General a written notice stating that the owner proposes to sell the land, the Coordinator-General must acquire the land from the owner in the way provided for under section 125 of this Act. If subsection (1)(b) applies to the owner of acquisition land, and the owner gives the local government stated in the relevant notice for the land a written notice stating that the owner proposes to sell the land, the local government must acquire the land from the owner in the way provided for under the Acquisition of Land Act 1967. f any transaction is entered into in contravention of subsection (1), the transaction is not invalid, and the new owner is taken to have been given notice under the Reconstruction Act, section 44(1)(a). This section does not limit the Coordinator-General's power to otherwise take the land under this Act. n this section— acquisition land means land that, immediately before the expiry of the Reconstruction Act, is land to which section 100 of that Act applies. Transitional regulation-making power '() A regulation (a transitional regulation) may make provision of a saving or transitional nature— (a) for which it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition of provisions of the Reconstruction Act after it expires; and COOND A BPW NR OANI ADANBWNKY CO N oO NN Noe N Ww NNN HDNunt 29 3133 (2) '3) (4) Queensland Reconstruction Authority Bill 2011 Part 12 Amendment of Acts [s 161] (b) for which this Act or the Reconstruction Act does not make provision or sufficient provision. A transitional regulation may have retrospective operation to a day that is not earlier than the day the Reconstruction Act expires. A transitional regulation must declare it is a transitional regulation. This section and any transitional regulation expire | year after the day the Reconstruction Act expires.'. Page 89 Om ND NHPW NK Queensland Reconstruction Authority Bill 2011 Schedule Schedule Dictionary Page 90 section 5 acquisition land see section 43(4). affected community means a community affected by a disaster event. affected owner, for a declared project or a reconstruction area, means a person who owns land in, or that adjoins— (a) _ the area to which the declared project relates; or (b) _ the reconstruction area. applicant, for a prescribed decision or prescribed process, see section 47. assessment manager see the Sustainable Planning Act, section 246(1). authorised person means— (a) _ the chief executive officer; or (b) an employee, or other member of staff, of the authority; or (c) another person authorised in writing under section 105(5). authorised works means works authorised under this Act, or the State Development Act as applied under this Act, to be undertaken by the authority. authority means the Queensland Reconstruction Authority established under section 7. board means the Queensland Reconstruction Board. chairperson means the chairperson of the board. chief executive officer means the chief executive officer appointed under section 14. CO OANID nH W Com ND WN PWN KF OS NNW NR oO NN BRO NON n wn NN on Queensland Reconstruction Authority Bill 2011 Schedule community infrastructure means— (a) community infrastructure prescribed under the Sustainable Planning Act, section 200; and (b) other community infrastructure prescribed under a regulation. community infrastructure designation means a designation of land for community infrastructure under the Sustainable Planning Act. compliance permit see the Sustainable Planning Act, section 394. concurrence agency means a concurrence agency under the Sustainable Planning Act. convicted includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded. Coordinator-General means the Coordinator-General under the State Development Act. critical infrastructure project, for part 5, see section 47. decision-maker, for part 5, see section 47. declaration, for part 5, see section 47. declared project means a project declared under section 42 to be a declared project. development means development as defined under the Sustainable Planning Act. development application means a development application under the Sustainable Planning Act. development approval means a development approval under the Sustainable Planning Act. development scheme, for a declared project or a reconstruction area, or part of a reconstruction area, is the development scheme for the project or area made under section 62, as amended from time to time under section 76. disaster event see section 6. Page 91 OO OND AHR WN Oo OANID NHPW NK OC N ro) NN Noe NN RO NN nn NN on WwWwn Nr Ow; Ww w Queensland Reconstruction Authority Bill 2011 Schedule Page 92 government entity means an entity, other than a GOC, as defined under the Public Service Act 2008, section 24. IDAS means the system detailed in the Sustainable Planning Act, chapter 6 for integrating State and local government assessment and approval processes for development. indictable offence means an offence for which a charge may be laid by indictment or an equivalent process, whether that is the only or an optional way to lay a charge of the offence. infrastructure see the Sustainable Planning Act, schedule 3. land use plan, for a development scheme, means the land use plan included in the development scheme. local planning instrument see the Sustainable Planning Act, schedule 3. member, of the board, see section 30(1). notice means a notice in writing. notice to decide, for part 5, see section 47. officer, of the authority, means— (a) _ the chief executive officer; or (b) an employee, or other member of staff, of the authority; or (c) an individual who performs services for the authority— (i) under a contract, other than a contract of employment, between the individual and the authority; or (11) under an arrangement between the authority and a person (other than an individual). owner, of land, means the person for the time being entitled to receive the rent for the land or who would be entitled to receive the rent for it if it were let to a tenant at a rent. planning instrument see the Sustainable Planning Act, schedule 3. CO OND NBW NK CoO ON DN BP WN KO N WN — NNN BRWN NN nun NNN won Ww re Oo Queensland Reconstruction Authority Bill 2011 Schedule premises means— (a) a building or other structure; or (b) land, whether or not a building or other structure is situated on the land. prescribed decision see section 47. prescribed process see section 47. progression notice, for part 5, see section 47. Queensland Reconstruction Board see section 28. reconstruction area means a part of the State declared to be a reconstruction area under section 43. reconstruction function, of the authority, means the function of the authority mentioned in section 10(1)(g). referral agency see the Sustainable Planning Act, section 252. relevant law, for part 5, see section 47. relevant local government, for a reconstruction area, land or a development scheme, means each local government in whose area the reconstruction area, the land, or the land to which the development scheme applies is located. road means— (a) an area of land dedicated to public use as a road; or (b) an area of land that— (i) is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; and (11) is open to or used by the public; or (c) abridge, culvert, ford, tunnel or viaduct; or (d) a pedestrian or bicycle path; or (e) apart of an area, bridge, culvert, ford, tunnel, viaduct or path mentioned in any of paragraphs (a) to (d). State Development Act means the State Development and Public Works Organisation Act 1971. step-in notice see section 47. Page 93 oOo Aeon nn BW NY CSC ONIDN BPW NY CO N NY r- Oo NN Wh NN N Hn nn NN on WN cw w e Queensland Reconstruction Authority Bill 2011 Schedule structure means anything built or constructed, whether or not attached to land. submission means a written submission. submission period, for a proposed development scheme, see section 66(1)(b). submitted scheme see section 70(1). Sustainable Planning Act means the Sustainable Planning Act 2009. © State of Queensland 2011 Page 94 CAI DD nN WwW NKR