Planning and Other Legislation (Make Developers Pay) Amendment Bill 2023* (Qld)

An Act to amend the Planning Act 2016 and the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Planning and Other Legislation (Make Developers Pay) Amendment Act 2023.

Part 2 Amendment of Planning Act 2016

2 Act amended This part amends the Planning Act 2016.

3 Amendment of s 112 (Regulation prescribing charges) (1) Section 112(1), from 'charge—'— omit, insert— charge under the SEQ Water Act in relation to providing truck infrastructure. (2) Section 112(2) and (4)— omit.

4 Amendment of s 114 (Contents—general) (1) Section 114(1), from 'charge is—'— omit, insert— charge is prescribed by regulation for the development. (2) Section 114(5)— omit, insert— (5) However, an automatic increase must not be more than the increase worked out using the PPI, adjusted according to the 3-yearly average, for the period— (a) starting on the day the levied charge is levied; and (b) ending on the day the charge is paid.

5 Amendment of s 115 (Provisions for participating local governments and distributor-retailers) Section 115(5)— omit, insert— (5) However, if the local government is a party to a breakup agreement, the adopted charges must not be more than the proportion of the adopted charges the local government may have under the breakup agreement.

6 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition maximum adopted charge— omit. (2) Schedule 2, definition charges breakup, 'maximum'— omit.

Part 3 Amendment of South-East Queensland Water (Distribution and Retail Restructuring) Act 2009