{"id":"qld:act-2012-043","name":"Economic Development Act 2012","slug":"economic-development-act-2012","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"43 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29760,"registerId":"qld-act-2012-043-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Economic Development Act 2012 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act, other than the following provisions, commences on a day to be fixed by proclamation—\nchapter 8 , parts 1 to 4 ;\nthe following provisions of chapter 8 , part 6 —\nsections 284 , 285 , 293 , 295 to 299 , 302 , 306 , 307 , 311 , 315 , 316 and 318 ;\nsection 319 , to the extent it inserts section 192 ;\nchapter 8 , parts 7 and 8 ;\nthe following provisions of schedule 2 —\namendment of the Disaster Management Act 2003 ;\namendment of the Environmental Protection Act 1994 ;\namendment of the State Development and Public Works Organisation Act 1971 , amendments 1 to 8, 14 to 18 and 24 to 30.\n- (a) chapter 8 , parts 1 to 4 ;\n- (b) the following provisions of chapter 8 , part 6 — (i) sections 284 , 285 , 293 , 295 to 299 , 302 , 306 , 307 , 311 , 315 , 316 and 318 ; (ii) section 319 , to the extent it inserts section 192 ;\n- (i) sections 284 , 285 , 293 , 295 to 299 , 302 , 306 , 307 , 311 , 315 , 316 and 318 ;\n- (ii) section 319 , to the extent it inserts section 192 ;\n- (c) chapter 8 , parts 7 and 8 ;\n- (d) the following provisions of schedule 2 — (i) amendment of the Disaster Management Act 2003 ; (ii) amendment of the Environmental Protection Act 1994 ; (iii) amendment of the State Development and Public Works Organisation Act 1971 , amendments 1 to 8, 14 to 18 and 24 to 30.\n- (i) amendment of the Disaster Management Act 2003 ;\n- (ii) amendment of the Environmental Protection Act 1994 ;\n- (iii) amendment of the State Development and Public Works Organisation Act 1971 , amendments 1 to 8, 14 to 18 and 24 to 30.\n- (i) sections 284 , 285 , 293 , 295 to 299 , 302 , 306 , 307 , 311 , 315 , 316 and 318 ;\n- (ii) section 319 , to the extent it inserts section 192 ;\n- (i) amendment of the Disaster Management Act 2003 ;\n- (ii) amendment of the Environmental Protection Act 1994 ;\n- (iii) amendment of the State Development and Public Works Organisation Act 1971 , amendments 1 to 8, 14 to 18 and 24 to 30.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Main purpose of Act","content":"### sec.3 Main purpose of Act\n\nThe main purpose of this Act is to facilitate the following in the State—\neconomic development;\ndevelopment for community purposes;\nthe provision of diverse housing, including, for example, social housing and affordable housing;\nthe provision of premises for commercial or industrial uses.\nIn this section—\ndiverse housing means a range of housing to meet a variety of community needs, including, for example, housing of different size, type, price, built form, density, cost, adaptability and tenure.\nprovision , of diverse housing or premises, includes the funding, facilitation, delivery, supply and ownership of the housing or premises.\ns 3 sub 2024 No. 32 s 4\n(sec.3-ssec.1) The main purpose of this Act is to facilitate the following in the State— economic development; development for community purposes; the provision of diverse housing, including, for example, social housing and affordable housing; the provision of premises for commercial or industrial uses.\n(sec.3-ssec.2) In this section— diverse housing means a range of housing to meet a variety of community needs, including, for example, housing of different size, type, price, built form, density, cost, adaptability and tenure. provision , of diverse housing or premises, includes the funding, facilitation, delivery, supply and ownership of the housing or premises.\n- (a) economic development;\n- (b) development for community purposes;\n- (c) the provision of diverse housing, including, for example, social housing and affordable housing;\n- (d) the provision of premises for commercial or industrial uses.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"How main purpose is primarily achieved","content":"### sec.4 How main purpose is primarily achieved\n\nThe main purpose of this Act is achieved primarily by—\nestablishing MEDQ to plan, carry out, promote or coordinate activities to facilitate in the State the main purpose of this Act while also—\nseeking the achievement of ecological sustainability; and\nvaluing, protecting and promoting Aboriginal and Torres Strait Islander knowledge, culture and tradition; and\nrecognising the cultural heritage significance of places; and\nproviding for a streamlined planning and development framework for particular parts of the State (declared as priority development areas under this Act) to facilitate the main purpose of this Act; and\nproviding for MEDQ to undertake strategic leadership and coordination of place renewal areas.\nIn this section—\ncultural heritage significance , of a place, means its aesthetic, architectural, historical, scientific, social or other significance to the present generation or past or future generations.\necological sustainability means a balance that integrates—\nthe protection of ecological processes and natural systems at local, regional, State and wider levels; and\neconomic development; and\nthe maintenance of the cultural, economic, physical and social wellbeing of people and communities.\ns 4 amd 2016 No. 17 s 88\nsub 2024 No. 32 s 4\n(sec.4-ssec.1) The main purpose of this Act is achieved primarily by— establishing MEDQ to plan, carry out, promote or coordinate activities to facilitate in the State the main purpose of this Act while also— seeking the achievement of ecological sustainability; and valuing, protecting and promoting Aboriginal and Torres Strait Islander knowledge, culture and tradition; and recognising the cultural heritage significance of places; and providing for a streamlined planning and development framework for particular parts of the State (declared as priority development areas under this Act) to facilitate the main purpose of this Act; and providing for MEDQ to undertake strategic leadership and coordination of place renewal areas.\n(sec.4-ssec.2) In this section— cultural heritage significance , of a place, means its aesthetic, architectural, historical, scientific, social or other significance to the present generation or past or future generations. ecological sustainability means a balance that integrates— the protection of ecological processes and natural systems at local, regional, State and wider levels; and economic development; and the maintenance of the cultural, economic, physical and social wellbeing of people and communities.\n- (a) establishing MEDQ to plan, carry out, promote or coordinate activities to facilitate in the State the main purpose of this Act while also— (i) seeking the achievement of ecological sustainability; and (ii) valuing, protecting and promoting Aboriginal and Torres Strait Islander knowledge, culture and tradition; and (iii) recognising the cultural heritage significance of places; and\n- (i) seeking the achievement of ecological sustainability; and\n- (ii) valuing, protecting and promoting Aboriginal and Torres Strait Islander knowledge, culture and tradition; and\n- (iii) recognising the cultural heritage significance of places; and\n- (b) providing for a streamlined planning and development framework for particular parts of the State (declared as priority development areas under this Act) to facilitate the main purpose of this Act; and\n- (c) providing for MEDQ to undertake strategic leadership and coordination of place renewal areas.\n- (i) seeking the achievement of ecological sustainability; and\n- (ii) valuing, protecting and promoting Aboriginal and Torres Strait Islander knowledge, culture and tradition; and\n- (iii) recognising the cultural heritage significance of places; and\n- (a) the protection of ecological processes and natural systems at local, regional, State and wider levels; and\n- (b) economic development; and\n- (c) the maintenance of the cultural, economic, physical and social wellbeing of people and communities.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.5-ssec.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.\n(sec.5-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":6},{"sectionNumber":"ch.1-pt.2-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Definitions","content":"### sec.6 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 6 amd 2012 No. 43 s 219","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Application of provisions","content":"### sec.7 Application of provisions\n\nThis section applies if a provision of this Act applies to any of the following (the applied law ) for a purpose—\nanother provision of this Act;\nanother law;\na provision of another law.\nThe applied law and any definition relevant to it apply with necessary changes.\nSubsection (2) is not limited merely because a provision states how the applied law is to apply.\n(sec.7-ssec.1) This section applies if a provision of this Act applies to any of the following (the applied law ) for a purpose— another provision of this Act; another law; a provision of another law.\n(sec.7-ssec.2) The applied law and any definition relevant to it apply with necessary changes.\n(sec.7-ssec.3) Subsection (2) is not limited merely because a provision states how the applied law is to apply.\n- (a) another provision of this Act;\n- (b) another law;\n- (c) a provision of another law.","sortOrder":9},{"sectionNumber":"ch.1-pt.2-div.2","sectionType":"division","heading":"Key concepts for housing","content":"## Key concepts for housing","sortOrder":10},{"sectionNumber":"sec.7A","sectionType":"section","heading":"What is social housing","content":"### sec.7A What is social housing\n\nSocial housing —\nmeans housing provided to an individual for residential use based on eligibility requirements relating to the individual, including, for example, the income and assets of the individual; and\nincludes—\npublic housing under the Housing Act 2003 , section 8 (4) ; and\ncrisis accommodation.\nHowever, social housing does not include affordable housing.\nIn this section—\neligibility requirements means requirements prescribed under the Housing Act 2003 , section 33 (1) relating to the provision of housing services for which a funded provider under the Housing Act 2003 receives funding.\ns 7A ins 2024 No. 32 s 6\n(sec.7A-ssec.1) Social housing — means housing provided to an individual for residential use based on eligibility requirements relating to the individual, including, for example, the income and assets of the individual; and includes— public housing under the Housing Act 2003 , section 8 (4) ; and crisis accommodation.\n(sec.7A-ssec.2) However, social housing does not include affordable housing.\n(sec.7A-ssec.3) In this section— eligibility requirements means requirements prescribed under the Housing Act 2003 , section 33 (1) relating to the provision of housing services for which a funded provider under the Housing Act 2003 receives funding.\n- (a) means housing provided to an individual for residential use based on eligibility requirements relating to the individual, including, for example, the income and assets of the individual; and\n- (b) includes— (i) public housing under the Housing Act 2003 , section 8 (4) ; and (ii) crisis accommodation.\n- (i) public housing under the Housing Act 2003 , section 8 (4) ; and\n- (ii) crisis accommodation.\n- (i) public housing under the Housing Act 2003 , section 8 (4) ; and\n- (ii) crisis accommodation.","sortOrder":11},{"sectionNumber":"sec.7B","sectionType":"section","heading":"What is affordable housing","content":"### sec.7B What is affordable housing\n\nAffordable housing is housing that is affordable to particular types of households under criteria prescribed by regulation for the particular type of household.\ns 7B ins 2024 No. 32 s 6","sortOrder":12},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Application of Housing Act 2003","content":"# Application of Housing Act 2003","sortOrder":13},{"sectionNumber":"sec.7C","sectionType":"section","heading":"Purpose of part","content":"### sec.7C Purpose of part\n\nThe purpose of this part is to ensure entities to which MEDQ provides assistance for the purpose of providing social housing are regulated under the Housing Act 2003 in the same way that entities to which the chief executive under the Housing Act 2003 provides assistance for the purpose of providing a social housing service are regulated under the Housing Act 2003 .\nIn this section—\nsocial housing service see the Housing Act 2003 , section 8 (2) .\ns 7C ins 2024 No. 32 s 7\n(sec.7C-ssec.1) The purpose of this part is to ensure entities to which MEDQ provides assistance for the purpose of providing social housing are regulated under the Housing Act 2003 in the same way that entities to which the chief executive under the Housing Act 2003 provides assistance for the purpose of providing a social housing service are regulated under the Housing Act 2003 .\n(sec.7C-ssec.2) In this section— social housing service see the Housing Act 2003 , section 8 (2) .","sortOrder":14},{"sectionNumber":"sec.7D","sectionType":"section","heading":"When MEDQ may provide assistance to entity","content":"### sec.7D When MEDQ may provide assistance to entity\n\nMEDQ may provide assistance to an entity for the purpose of providing social housing other than social housing mentioned in section 7A (1) (b) only if—\nthe entity is—\na registered provider under the Housing Act 2003 , schedule 4 ; or\nan exempt provider under the Housing Act 2003 , schedule 4 ; and\nthe chief executive under the Housing Act 2003 has consented to MEDQ providing the assistance to the entity.\ns 7D ins 2024 No. 32 s 7\n- (a) the entity is— (i) a registered provider under the Housing Act 2003 , schedule 4 ; or (ii) an exempt provider under the Housing Act 2003 , schedule 4 ; and\n- (i) a registered provider under the Housing Act 2003 , schedule 4 ; or\n- (ii) an exempt provider under the Housing Act 2003 , schedule 4 ; and\n- (b) the chief executive under the Housing Act 2003 has consented to MEDQ providing the assistance to the entity.\n- (i) a registered provider under the Housing Act 2003 , schedule 4 ; or\n- (ii) an exempt provider under the Housing Act 2003 , schedule 4 ; and","sortOrder":15},{"sectionNumber":"sec.7E","sectionType":"section","heading":"Agreement entered into by MEDQ taken to be funding agreement under Housing Act 2003","content":"### sec.7E Agreement entered into by MEDQ taken to be funding agreement under Housing Act 2003\n\nThis section applies if MEDQ enters into an agreement with an entity for the purpose of providing assistance to the entity to assist the entity to provide social housing.\nThe agreement is taken to be a funding agreement under the Housing Act 2003 , section 25 .\nThe assistance is taken to be funding under the Housing Act 2003 , section 21 (1) .\nThe entity is taken to be a funded provider under the Housing Act 2003 , section 21 (2) .\ns 7E ins 2024 No. 32 s 7\n(sec.7E-ssec.1) This section applies if MEDQ enters into an agreement with an entity for the purpose of providing assistance to the entity to assist the entity to provide social housing.\n(sec.7E-ssec.2) The agreement is taken to be a funding agreement under the Housing Act 2003 , section 25 .\n(sec.7E-ssec.3) The assistance is taken to be funding under the Housing Act 2003 , section 21 (1) .\n(sec.7E-ssec.4) The entity is taken to be a funded provider under the Housing Act 2003 , section 21 (2) .","sortOrder":16},{"sectionNumber":"sec.7F","sectionType":"section","heading":"Asset for which MEDQ provides assistance taken to be community housing asset under Housing Act 2003","content":"### sec.7F Asset for which MEDQ provides assistance taken to be community housing asset under Housing Act 2003\n\nThis section applies to an asset acquired by an entity using assistance provided by MEDQ for the purpose of assisting the entity to provide social housing.\nIf the entity is a state provider under the Housing Act 2003 , the asset is taken to be a state community housing asset under the Housing Act 2003 .\nIf the entity is a national provider under the Housing Act 2003 , the asset is taken to be a national community housing asset under the Housing Act 2003 .\ns 7F ins 2024 No. 32 s 7\n(sec.7F-ssec.1) This section applies to an asset acquired by an entity using assistance provided by MEDQ for the purpose of assisting the entity to provide social housing.\n(sec.7F-ssec.2) If the entity is a state provider under the Housing Act 2003 , the asset is taken to be a state community housing asset under the Housing Act 2003 .\n(sec.7F-ssec.3) If the entity is a national provider under the Housing Act 2003 , the asset is taken to be a national community housing asset under the Housing Act 2003 .","sortOrder":17},{"sectionNumber":"sec.7G","sectionType":"section","heading":"Application of Housing Act 2003","content":"### sec.7G Application of Housing Act 2003\n\nNothing in this Act prevents the Housing Act 2003 applying to an entity to which MEDQ provides assistance for the purpose of assisting the entity to provide social housing.\nWithout limiting subsection (1) —\nthe entity must comply with the requirements relating to the provision of housing services mentioned in the Housing Act 2003 , section 33 to the extent the requirements apply to the entity; and\nthe registrar under the Housing Act 2003 may take action under the Housing Act 2003 , part 4A , division 4 , against the entity, including, for example, cancellation of the entity’s registration; and\na power under the Housing Act 2003 , part 7 may be exercised against the entity.\ns 7G ins 2024 No. 32 s 7\n(sec.7G-ssec.1) Nothing in this Act prevents the Housing Act 2003 applying to an entity to which MEDQ provides assistance for the purpose of assisting the entity to provide social housing.\n(sec.7G-ssec.2) Without limiting subsection (1) — the entity must comply with the requirements relating to the provision of housing services mentioned in the Housing Act 2003 , section 33 to the extent the requirements apply to the entity; and the registrar under the Housing Act 2003 may take action under the Housing Act 2003 , part 4A , division 4 , against the entity, including, for example, cancellation of the entity’s registration; and a power under the Housing Act 2003 , part 7 may be exercised against the entity.\n- (a) the entity must comply with the requirements relating to the provision of housing services mentioned in the Housing Act 2003 , section 33 to the extent the requirements apply to the entity; and\n- (b) the registrar under the Housing Act 2003 may take action under the Housing Act 2003 , part 4A , division 4 , against the entity, including, for example, cancellation of the entity’s registration; and\n- (c) a power under the Housing Act 2003 , part 7 may be exercised against the entity.","sortOrder":18},{"sectionNumber":"sec.7H","sectionType":"section","heading":"CEO may disclose information to chief executive under Housing Act 2003","content":"### sec.7H CEO may disclose information to chief executive under Housing Act 2003\n\nThe CEO may disclose anything that comes to the CEO’s knowledge under this Act to the chief executive under the Housing Act 2003 if the CEO is satisfied the disclosure would assist in the performance of the functions of any of the following under the Housing Act 2003 —\nthe chief executive;\nthe registrar;\nan authorised officer.\ns 7H ins 2024 No. 32 s 7\n- (a) the chief executive;\n- (b) the registrar;\n- (c) an authorised officer.","sortOrder":19},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Establishment","content":"# Establishment","sortOrder":20},{"sectionNumber":"sec.8","sectionType":"section","heading":"Establishment of Minister for Economic Development Queensland","content":"### sec.8 Establishment of Minister for Economic Development Queensland\n\nA corporation sole constituted by the Minister is established under the name Minister for Economic Development Queensland ( MEDQ ).\nThe corporation as established under that name—\nhas perpetual succession and a seal; and\nmay sue and be sued in its corporate name.\n(sec.8-ssec.1) A corporation sole constituted by the Minister is established under the name Minister for Economic Development Queensland ( MEDQ ).\n(sec.8-ssec.2) The corporation as established under that name— has perpetual succession and a seal; and may sue and be sued in its corporate name.\n- (a) has perpetual succession and a seal; and\n- (b) may sue and be sued in its corporate name.","sortOrder":21},{"sectionNumber":"sec.9","sectionType":"section","heading":"MEDQ represents the State","content":"### sec.9 MEDQ represents the State\n\nMEDQ represents the State.\nWithout limiting subsection (1) , MEDQ has all the State’s privileges and powers.\n(sec.9-ssec.1) MEDQ represents the State.\n(sec.9-ssec.2) Without limiting subsection (1) , MEDQ has all the State’s privileges and powers.","sortOrder":22},{"sectionNumber":"sec.10","sectionType":"section","heading":"Legal capacity","content":"### sec.10 Legal capacity\n\nMEDQ has all the powers of an individual and may, for example—\nenter into contracts, infrastructure agreements and other agreements; and\ndeal in land or other property; and\nappoint agents and attorneys; and\nengage consultants; and\nestablish funds and accounts with any financial institution in Australia; and\nfix charges, and other terms, for the performance of a function, or exercise of a power, under this Act; and\nprovide services relating to its functions and charge fees for the services; and\nadvisory services\ndo anything necessary or convenient to be done in the performance of its functions, or exercise of its powers, under this or another Act.\nMEDQ also has the powers conferred on it by this or another Act.\nIn performing its functions, MEDQ may act alone or in conjunction with public sector units, local governments, agencies or instrumentalities of the Commonwealth and other persons.\ns 10 amd 2024 No. 32 s 8\n(sec.10-ssec.1) MEDQ has all the powers of an individual and may, for example— enter into contracts, infrastructure agreements and other agreements; and deal in land or other property; and appoint agents and attorneys; and engage consultants; and establish funds and accounts with any financial institution in Australia; and fix charges, and other terms, for the performance of a function, or exercise of a power, under this Act; and provide services relating to its functions and charge fees for the services; and advisory services do anything necessary or convenient to be done in the performance of its functions, or exercise of its powers, under this or another Act.\n(sec.10-ssec.2) MEDQ also has the powers conferred on it by this or another Act.\n(sec.10-ssec.3) In performing its functions, MEDQ may act alone or in conjunction with public sector units, local governments, agencies or instrumentalities of the Commonwealth and other persons.\n- (a) enter into contracts, infrastructure agreements and other agreements; and\n- (b) deal in land or other property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants; and\n- (e) establish funds and accounts with any financial institution in Australia; and\n- (f) fix charges, and other terms, for the performance of a function, or exercise of a power, under this Act; and\n- (g) provide services relating to its functions and charge fees for the services; and Example of a service relating to MEDQ’s functions— advisory services\n- (h) do anything necessary or convenient to be done in the performance of its functions, or exercise of its powers, under this or another Act.","sortOrder":23},{"sectionNumber":"sec.11","sectionType":"section","heading":"Application of other Acts","content":"### sec.11 Application of other Acts\n\nMEDQ is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which MEDQ’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\ns 11 amd 2024 No. 32 s 9\n(sec.11-ssec.1) MEDQ is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.11-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which MEDQ’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":24},{"sectionNumber":"sec.12","sectionType":"section","heading":"MEDQ declared to be excluded matter","content":"### sec.12 MEDQ declared to be excluded matter\n\nMEDQ is declared to be an excluded matter for the Corporations Act , section 5F , in relation to all of the Corporations legislation.","sortOrder":25},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Functions","content":"# Functions","sortOrder":26},{"sectionNumber":"sec.13","sectionType":"section","heading":"MEDQ’s functions","content":"### sec.13 MEDQ’s functions\n\nMEDQ’s main function is to give effect to the main purpose of this Act.\nMEDQ’s other functions, for achieving the main purpose of this Act, include—\ndealing in land or other property; and\ncoordinating the provision of, or providing, infrastructure and other services; and\nplanning for, and developing and managing land in or for, priority development areas; and\ndeciding PDA development applications under this Act; and\nundertaking investment activities in property assets to facilitate economic development and development for community purposes.\nIn planning for, or developing land in, priority development areas, MEDQ must consult with each relevant local government.\nSee also section 58 in relation to MEDQ consulting with relevant local governments when preparing a development scheme for a priority development area.\ns 13 amd 2016 No. 17 s 89 ; 2024 No. 32 s 10\n(sec.13-ssec.1) MEDQ’s main function is to give effect to the main purpose of this Act.\n(sec.13-ssec.2) MEDQ’s other functions, for achieving the main purpose of this Act, include— dealing in land or other property; and coordinating the provision of, or providing, infrastructure and other services; and planning for, and developing and managing land in or for, priority development areas; and deciding PDA development applications under this Act; and undertaking investment activities in property assets to facilitate economic development and development for community purposes.\n(sec.13-ssec.3) In planning for, or developing land in, priority development areas, MEDQ must consult with each relevant local government. See also section 58 in relation to MEDQ consulting with relevant local governments when preparing a development scheme for a priority development area.\n- (a) dealing in land or other property; and\n- (b) coordinating the provision of, or providing, infrastructure and other services; and\n- (c) planning for, and developing and managing land in or for, priority development areas; and\n- (d) deciding PDA development applications under this Act; and\n- (e) undertaking investment activities in property assets to facilitate economic development and development for community purposes.","sortOrder":27},{"sectionNumber":"ch.2-pt.3","sectionType":"part","heading":"Special powers relating to dealings and infrastructure","content":"# Special powers relating to dealings and infrastructure","sortOrder":28},{"sectionNumber":"ch.2-pt.3-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":29},{"sectionNumber":"sec.14","sectionType":"section","heading":"Purpose of pt 3","content":"### sec.14 Purpose of pt 3\n\nThis part provides for particular powers and other matters for achieving MEDQ’s functions mentioned in section 13 (2) .\nThis part does not limit MEDQ’s powers under this or another Act.\ns 14 amd 2024 No. 32 s 12\n(sec.14-ssec.1) This part provides for particular powers and other matters for achieving MEDQ’s functions mentioned in section 13 (2) .\n(sec.14-ssec.2) This part does not limit MEDQ’s powers under this or another Act.","sortOrder":30},{"sectionNumber":"sec.15","sectionType":"section","heading":"MEDQ to act for long-term financial sustainability","content":"### sec.15 MEDQ to act for long-term financial sustainability\n\nMEDQ must, to the extent practicable, carry out its functions in a way that facilitates the long-term financial sustainability of MEDQ.\ns 15 sub 2024 No. 32 s 13","sortOrder":31},{"sectionNumber":"ch.2-pt.3-div.2","sectionType":"division","heading":"Dealing in land or other property","content":"## Dealing in land or other property","sortOrder":32},{"sectionNumber":"sec.16","sectionType":"section","heading":"What power to deal in land or other property includes","content":"### sec.16 What power to deal in land or other property includes\n\nFor this Act, MEDQ’s power to deal in land or other property includes a power to deal in—\nland or other property; or\nan interest in land or other property.\nAlso, for this Act, MEDQ’s power to deal in land includes a power to deal in land and improvements on land.\n(sec.16-ssec.1) For this Act, MEDQ’s power to deal in land or other property includes a power to deal in— land or other property; or an interest in land or other property.\n(sec.16-ssec.2) Also, for this Act, MEDQ’s power to deal in land includes a power to deal in land and improvements on land.\n- (a) land or other property; or\n- (b) an interest in land or other property.","sortOrder":33},{"sectionNumber":"sec.17","sectionType":"section","heading":"Dealing in land or other property generally","content":"### sec.17 Dealing in land or other property generally\n\nWithout limiting section 13 (2) (a) , MEDQ may—\nacquire land or other property to facilitate the main purpose of this Act; or\ndevelop land, including by providing or contributing to the provision of infrastructure on the land, to facilitate the main purpose of this Act; or\ndispose of, lease, license the use or occupation of, or sublease land or other property held by MEDQ to another entity for development by the entity.\ns 17 amd 2024 No. 32 s 14\n- (a) acquire land or other property to facilitate the main purpose of this Act; or\n- (b) develop land, including by providing or contributing to the provision of infrastructure on the land, to facilitate the main purpose of this Act; or\n- (c) dispose of, lease, license the use or occupation of, or sublease land or other property held by MEDQ to another entity for development by the entity.","sortOrder":34},{"sectionNumber":"sec.18","sectionType":"section","heading":"Selling surplus property","content":"### sec.18 Selling surplus property\n\nThis section applies if MEDQ holds land or other property ( surplus property ) that it does not require, or no longer requires, for carrying out its functions under this Act.\nMEDQ may sell the surplus property at its market value—\nby public tender or auction; or\nby private treaty; or\nto a Commonwealth or State entity, or a local government, in priority to all other entities; or\nin any other way prescribed under a regulation.\nIn this section—\nCommonwealth or State entity means—\na department of the Government of the Commonwealth or the State; or\na statutory body constituted under an Act of the Commonwealth or the State.\n(sec.18-ssec.1) This section applies if MEDQ holds land or other property ( surplus property ) that it does not require, or no longer requires, for carrying out its functions under this Act.\n(sec.18-ssec.2) MEDQ may sell the surplus property at its market value— by public tender or auction; or by private treaty; or to a Commonwealth or State entity, or a local government, in priority to all other entities; or in any other way prescribed under a regulation.\n(sec.18-ssec.3) In this section— Commonwealth or State entity means— a department of the Government of the Commonwealth or the State; or a statutory body constituted under an Act of the Commonwealth or the State.\n- (a) by public tender or auction; or\n- (b) by private treaty; or\n- (c) to a Commonwealth or State entity, or a local government, in priority to all other entities; or\n- (d) in any other way prescribed under a regulation.\n- (a) a department of the Government of the Commonwealth or the State; or\n- (b) a statutory body constituted under an Act of the Commonwealth or the State.","sortOrder":35},{"sectionNumber":"sec.19","sectionType":"section","heading":"Conditional disposal of land or other property","content":"### sec.19 Conditional disposal of land or other property\n\nMEDQ may impose a condition or restriction on the disposal of land or other property to an entity (a transferee ) by MEDQ.\nWithout limiting subsection (1) , MEDQ and a transferee may agree that the transferee—\nmust make stated improvements to the land or property; or\nmust undertake a stated activity, within a stated period, in relation to the land or property; or\nis subject to stated restrictions on the transfer of or dealing with the land or property.\nAn agreement under subsection (2) may provide for remedies against, and the power to impose sanctions on, the transferee relating to the agreement.\n(sec.19-ssec.1) MEDQ may impose a condition or restriction on the disposal of land or other property to an entity (a transferee ) by MEDQ.\n(sec.19-ssec.2) Without limiting subsection (1) , MEDQ and a transferee may agree that the transferee— must make stated improvements to the land or property; or must undertake a stated activity, within a stated period, in relation to the land or property; or is subject to stated restrictions on the transfer of or dealing with the land or property.\n(sec.19-ssec.3) An agreement under subsection (2) may provide for remedies against, and the power to impose sanctions on, the transferee relating to the agreement.\n- (a) must make stated improvements to the land or property; or\n- (b) must undertake a stated activity, within a stated period, in relation to the land or property; or\n- (c) is subject to stated restrictions on the transfer of or dealing with the land or property.","sortOrder":36},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Exemption from particular disclosure requirements under Body Corporate and Community Management Act 1997","content":"### sec.19A Exemption from particular disclosure requirements under Body Corporate and Community Management Act 1997\n\nThis section applies if—\nMEDQ enters into a contract (the initial contract ) with another entity in relation to the development of land owned by MEDQ; and\nunder the initial contract—\nthe land is proposed to become scheme land under the Body Corporate and Community Management Act 1997 on the establishment of a community titles scheme under that Act (the proposed scheme ); and\nthe other entity is to carry out development of the land or part of the land; and\nthe initial contract provides for MEDQ and the other entity to enter into a further contract for the sale by MEDQ to the entity of lots or proposed lots included in the proposed scheme if, by a date provided for under the initial contract, MEDQ has not sold the lots or proposed lots to another entity.\nA reference in subsection (1) (c) to a further contract includes a reference to a contract required under a provision of the initial contract granting MEDQ an option to sell the lots or proposed lots to the other entity.\nThe Body Corporate and Community Management Act 1997 , sections 212B and 213 do not apply in relation to the initial contract.\nIn this section—\ndevelopment see section 33 (2) .\nlot see the Body Corporate and Community Management Act 1997 , schedule 6 .\nproposed lot see the Body Corporate and Community Management Act 1997 , section 211A .\ns 19A ins 2019 No. 11 s 18\n(sec.19A-ssec.1) This section applies if— MEDQ enters into a contract (the initial contract ) with another entity in relation to the development of land owned by MEDQ; and under the initial contract— the land is proposed to become scheme land under the Body Corporate and Community Management Act 1997 on the establishment of a community titles scheme under that Act (the proposed scheme ); and the other entity is to carry out development of the land or part of the land; and the initial contract provides for MEDQ and the other entity to enter into a further contract for the sale by MEDQ to the entity of lots or proposed lots included in the proposed scheme if, by a date provided for under the initial contract, MEDQ has not sold the lots or proposed lots to another entity.\n(sec.19A-ssec.2) A reference in subsection (1) (c) to a further contract includes a reference to a contract required under a provision of the initial contract granting MEDQ an option to sell the lots or proposed lots to the other entity.\n(sec.19A-ssec.3) The Body Corporate and Community Management Act 1997 , sections 212B and 213 do not apply in relation to the initial contract.\n(sec.19A-ssec.4) In this section— development see section 33 (2) . lot see the Body Corporate and Community Management Act 1997 , schedule 6 . proposed lot see the Body Corporate and Community Management Act 1997 , section 211A .\n- (a) MEDQ enters into a contract (the initial contract ) with another entity in relation to the development of land owned by MEDQ; and\n- (b) under the initial contract— (i) the land is proposed to become scheme land under the Body Corporate and Community Management Act 1997 on the establishment of a community titles scheme under that Act (the proposed scheme ); and (ii) the other entity is to carry out development of the land or part of the land; and\n- (i) the land is proposed to become scheme land under the Body Corporate and Community Management Act 1997 on the establishment of a community titles scheme under that Act (the proposed scheme ); and\n- (ii) the other entity is to carry out development of the land or part of the land; and\n- (c) the initial contract provides for MEDQ and the other entity to enter into a further contract for the sale by MEDQ to the entity of lots or proposed lots included in the proposed scheme if, by a date provided for under the initial contract, MEDQ has not sold the lots or proposed lots to another entity.\n- (i) the land is proposed to become scheme land under the Body Corporate and Community Management Act 1997 on the establishment of a community titles scheme under that Act (the proposed scheme ); and\n- (ii) the other entity is to carry out development of the land or part of the land; and","sortOrder":37},{"sectionNumber":"ch.2-pt.3-div.3","sectionType":"division","heading":"Provision of infrastructure","content":"## Provision of infrastructure","sortOrder":38},{"sectionNumber":"sec.20","sectionType":"section","heading":"Construction of roads","content":"### sec.20 Construction of roads\n\nMEDQ may construct a road for achieving its functions mentioned in section 13 (2) (a) and (b) .\nThe Governor in Council may, by gazette notice, fix a day (the fixed day ) on and after which the Local Government Act 2009 or the City of Brisbane Act 2010 (the relevant Act ) applies to the road.\nUntil the fixed day—\nthe relevant Act does not apply to the road; and\nMEDQ incurs a duty, obligation, liability or responsibility in relation to an act done or omission made in relation to the road if, and to the extent, a local government would incur the duty, obligation, liability or responsibility if the act had been done or omission had been made by the local government.\nOn and after the fixed day—\nthe relevant Act applies to the road as if the road had been constructed by the local government for the area in which the road is located; and\nMEDQ does not have any duty, obligation, liability or responsibility in relation to the road.\n(sec.20-ssec.1) MEDQ may construct a road for achieving its functions mentioned in section 13 (2) (a) and (b) .\n(sec.20-ssec.2) The Governor in Council may, by gazette notice, fix a day (the fixed day ) on and after which the Local Government Act 2009 or the City of Brisbane Act 2010 (the relevant Act ) applies to the road.\n(sec.20-ssec.3) Until the fixed day— the relevant Act does not apply to the road; and MEDQ incurs a duty, obligation, liability or responsibility in relation to an act done or omission made in relation to the road if, and to the extent, a local government would incur the duty, obligation, liability or responsibility if the act had been done or omission had been made by the local government.\n(sec.20-ssec.4) On and after the fixed day— the relevant Act applies to the road as if the road had been constructed by the local government for the area in which the road is located; and MEDQ does not have any duty, obligation, liability or responsibility in relation to the road.\n- (a) the relevant Act does not apply to the road; and\n- (b) MEDQ incurs a duty, obligation, liability or responsibility in relation to an act done or omission made in relation to the road if, and to the extent, a local government would incur the duty, obligation, liability or responsibility if the act had been done or omission had been made by the local government.\n- (a) the relevant Act applies to the road as if the road had been constructed by the local government for the area in which the road is located; and\n- (b) MEDQ does not have any duty, obligation, liability or responsibility in relation to the road.","sortOrder":39},{"sectionNumber":"ch.2-pt.3-div.3A","sectionType":"division","heading":"Acquisition of land","content":"## Acquisition of land","sortOrder":40},{"sectionNumber":"sec.20A","sectionType":"section","heading":"When MEDQ may take land","content":"### sec.20A When MEDQ may take land\n\nMEDQ may take land for either of the following purposes—\nto provide infrastructure for the benefit of a priority development area;\nto give effect to a place renewal framework for a place renewal area.\nHowever, MEDQ may take the land only if—\nMEDQ is satisfied the taking of the land is necessary for a purpose mentioned in subsection (1) ; and\nthe Minister is satisfied the taking of the land is in the public interest.\nMEDQ’s power to take the land for a purpose mentioned in subsection (1) —\napplies even though—\nthe taking of the land is for conferring rights or interests in the land on another entity; and\nan entity may derive a measurable benefit from any action taken on the land to facilitate the purpose mentioned in subsection (1) ; and\nincludes the power to take, from time to time as required, land for a purpose incidental to a purpose mentioned in subsection (1) .\nIf the taking of the land is for conferring rights or interests in the land on another entity, MEDQ may take the land only if reasonable steps have been taken to obtain the agreement of the owner of the land to actions on the land that would facilitate the purpose mentioned in subsection (1) for which the land is being taken but the owner has not agreed to the actions.\nThe process under the Acquisition of Land Act 1967 for the taking of land, and the payment of compensation for taking land, applies in relation to the taking of land under this section as if the land were being taken under the Acquisition of Land Act 1967 by—\nMEDQ as a constructing authority under the Acquisition of Land Act 1967 ; and\nthe Minister as the relevant Minister under the Acquisition of Land Act 1967 .\nThe Acquisition of Land Act 1967 must be read with and subject to the modifications and adaptations necessary to give operation and effect to subsection (5) .\nTo remove any doubt, it is declared that the taking of land under this section is not a taking of land under the Acquisition of Land Act 1967 .\ns 20A ins 2024 No. 32 s 15\n(sec.20A-ssec.1) MEDQ may take land for either of the following purposes— to provide infrastructure for the benefit of a priority development area; to give effect to a place renewal framework for a place renewal area.\n(sec.20A-ssec.2) However, MEDQ may take the land only if— MEDQ is satisfied the taking of the land is necessary for a purpose mentioned in subsection (1) ; and the Minister is satisfied the taking of the land is in the public interest.\n(sec.20A-ssec.3) MEDQ’s power to take the land for a purpose mentioned in subsection (1) — applies even though— the taking of the land is for conferring rights or interests in the land on another entity; and an entity may derive a measurable benefit from any action taken on the land to facilitate the purpose mentioned in subsection (1) ; and includes the power to take, from time to time as required, land for a purpose incidental to a purpose mentioned in subsection (1) .\n(sec.20A-ssec.4) If the taking of the land is for conferring rights or interests in the land on another entity, MEDQ may take the land only if reasonable steps have been taken to obtain the agreement of the owner of the land to actions on the land that would facilitate the purpose mentioned in subsection (1) for which the land is being taken but the owner has not agreed to the actions.\n(sec.20A-ssec.5) The process under the Acquisition of Land Act 1967 for the taking of land, and the payment of compensation for taking land, applies in relation to the taking of land under this section as if the land were being taken under the Acquisition of Land Act 1967 by— MEDQ as a constructing authority under the Acquisition of Land Act 1967 ; and the Minister as the relevant Minister under the Acquisition of Land Act 1967 .\n(sec.20A-ssec.6) The Acquisition of Land Act 1967 must be read with and subject to the modifications and adaptations necessary to give operation and effect to subsection (5) .\n(sec.20A-ssec.7) To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the Acquisition of Land Act 1967 .\n- (a) to provide infrastructure for the benefit of a priority development area;\n- (b) to give effect to a place renewal framework for a place renewal area.\n- (a) MEDQ is satisfied the taking of the land is necessary for a purpose mentioned in subsection (1) ; and\n- (b) the Minister is satisfied the taking of the land is in the public interest.\n- (a) applies even though— (i) the taking of the land is for conferring rights or interests in the land on another entity; and (ii) an entity may derive a measurable benefit from any action taken on the land to facilitate the purpose mentioned in subsection (1) ; and\n- (i) the taking of the land is for conferring rights or interests in the land on another entity; and\n- (ii) an entity may derive a measurable benefit from any action taken on the land to facilitate the purpose mentioned in subsection (1) ; and\n- (b) includes the power to take, from time to time as required, land for a purpose incidental to a purpose mentioned in subsection (1) .\n- (i) the taking of the land is for conferring rights or interests in the land on another entity; and\n- (ii) an entity may derive a measurable benefit from any action taken on the land to facilitate the purpose mentioned in subsection (1) ; and\n- (a) MEDQ as a constructing authority under the Acquisition of Land Act 1967 ; and\n- (b) the Minister as the relevant Minister under the Acquisition of Land Act 1967 .","sortOrder":41},{"sectionNumber":"sec.20B","sectionType":"section","heading":"Power to take easements and other interests","content":"### sec.20B Power to take easements and other interests\n\nMEDQ’s power to take land for a purpose mentioned in section 20A (1) includes—\npower to take an easement, or another interest in land above or beneath the surface, without acquiring rights in the surface; and\npower to take a lease of State land or another interest in State land.\nIf MEDQ issues a notice of intention to resume a lease of State land, or some other interest in State land that is less than freehold, MEDQ must file a copy of the notice in the appropriate land register kept under the Land Act 1994 .\nIf MEDQ amends or discontinues a resumption mentioned in subsection (2) , MEDQ must immediately file a notice of the amendment or discontinuance in the register.\nThis division, and the process under the Acquisition of Land Act 1967 for the taking of land and the payment of compensation for taking land, apply in relation to the easement or other interest mentioned in subsection (1) as if the easement or other interest were land.\nThe Acquisition of Land Act 1967 must be read with and subject to the modifications and adaptations necessary to give operation and effect to subsections (2) , (3) and (4) .\nTo remove any doubt, it is declared that the taking of land under this section is not a taking of land under the Acquisition of Land Act 1967 .\nIn this section—\neasement includes a public utility easement under the Land Act 1994 or the Land Title Act 1994 .\ns 20B ins 2024 No. 32 s 15\n(sec.20B-ssec.1) MEDQ’s power to take land for a purpose mentioned in section 20A (1) includes— power to take an easement, or another interest in land above or beneath the surface, without acquiring rights in the surface; and power to take a lease of State land or another interest in State land.\n(sec.20B-ssec.2) If MEDQ issues a notice of intention to resume a lease of State land, or some other interest in State land that is less than freehold, MEDQ must file a copy of the notice in the appropriate land register kept under the Land Act 1994 .\n(sec.20B-ssec.3) If MEDQ amends or discontinues a resumption mentioned in subsection (2) , MEDQ must immediately file a notice of the amendment or discontinuance in the register.\n(sec.20B-ssec.4) This division, and the process under the Acquisition of Land Act 1967 for the taking of land and the payment of compensation for taking land, apply in relation to the easement or other interest mentioned in subsection (1) as if the easement or other interest were land.\n(sec.20B-ssec.5) The Acquisition of Land Act 1967 must be read with and subject to the modifications and adaptations necessary to give operation and effect to subsections (2) , (3) and (4) .\n(sec.20B-ssec.6) To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the Acquisition of Land Act 1967 .\n(sec.20B-ssec.7) In this section— easement includes a public utility easement under the Land Act 1994 or the Land Title Act 1994 .\n- (a) power to take an easement, or another interest in land above or beneath the surface, without acquiring rights in the surface; and\n- (b) power to take a lease of State land or another interest in State land.","sortOrder":42},{"sectionNumber":"sec.20C","sectionType":"section","heading":"Relationship with native title legislation","content":"### sec.20C Relationship with native title legislation\n\nFor the taking of land under section 20A and the payment of compensation for the land taken—\nthe process mentioned in section 20A (5) must be carried out in a way that is consistent with the Native Title (Queensland) Act 1993 and the Native Title Act 1993 (Cwlth) ; and\nif the Native Title (Queensland) Act 1993 or the Native Title Act 1993 (Cwlth) states a process in relation to the taking or payment that is in addition to the process stated in the Acquisition of Land Act 1967 , the additional process also applies to the taking or payment; and\nthe Land Court is the independent body for the Native Title Act 1993 (Cwlth) , section 24MD (6B) .\nTo remove any doubt, it is declared that this Act is a compulsory acquisition Act under the Native Title (Queensland) Act 1993 , section 144 (4) .\ns 20C ins 2024 No. 32 s 15\n(sec.20C-ssec.1) For the taking of land under section 20A and the payment of compensation for the land taken— the process mentioned in section 20A (5) must be carried out in a way that is consistent with the Native Title (Queensland) Act 1993 and the Native Title Act 1993 (Cwlth) ; and if the Native Title (Queensland) Act 1993 or the Native Title Act 1993 (Cwlth) states a process in relation to the taking or payment that is in addition to the process stated in the Acquisition of Land Act 1967 , the additional process also applies to the taking or payment; and the Land Court is the independent body for the Native Title Act 1993 (Cwlth) , section 24MD (6B) .\n(sec.20C-ssec.2) To remove any doubt, it is declared that this Act is a compulsory acquisition Act under the Native Title (Queensland) Act 1993 , section 144 (4) .\n- (a) the process mentioned in section 20A (5) must be carried out in a way that is consistent with the Native Title (Queensland) Act 1993 and the Native Title Act 1993 (Cwlth) ; and\n- (b) if the Native Title (Queensland) Act 1993 or the Native Title Act 1993 (Cwlth) states a process in relation to the taking or payment that is in addition to the process stated in the Acquisition of Land Act 1967 , the additional process also applies to the taking or payment; and\n- (c) the Land Court is the independent body for the Native Title Act 1993 (Cwlth) , section 24MD (6B) .","sortOrder":43},{"sectionNumber":"sec.20D","sectionType":"section","heading":"Vesting of land taken under s 20A","content":"### sec.20D Vesting of land taken under s 20A\n\nLand taken under section 20A vests in the entity stated in the gazette resumption notice for the taking of the land on the day the notice is published in the gazette.\nIf the land taken under section 20A is a lease of State land or another interest in State land that is less than freehold, as mentioned in section 20B , the land vests in the entity stated in the gazette resumption notice as an estate in fee simple.\nThe Governor in Council is authorised to grant in fee simple and so vest the land mentioned in subsection (2) subject to the reservations and conditions that are authorised or required under the Land Act 1994 .\ns 20D ins 2024 No. 32 s 15\n(sec.20D-ssec.1) Land taken under section 20A vests in the entity stated in the gazette resumption notice for the taking of the land on the day the notice is published in the gazette.\n(sec.20D-ssec.2) If the land taken under section 20A is a lease of State land or another interest in State land that is less than freehold, as mentioned in section 20B , the land vests in the entity stated in the gazette resumption notice as an estate in fee simple.\n(sec.20D-ssec.3) The Governor in Council is authorised to grant in fee simple and so vest the land mentioned in subsection (2) subject to the reservations and conditions that are authorised or required under the Land Act 1994 .","sortOrder":44},{"sectionNumber":"sec.20E","sectionType":"section","heading":"Power to use, lease or dispose of land","content":"### sec.20E Power to use, lease or dispose of land\n\nMEDQ may, to give effect to a purpose mentioned in section 20A , do any or all of the following—\nlease, or agree to lease, to any person land taken, or proposed to be taken, under section 20A ;\nsign 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 section 20A ;\nsign an agreement with any person in relation to works or development for land taken, or proposed to be taken, under section 20A ;\nsell land taken, or agree to sell land to be taken, under section 20A .\ns 20E ins 2024 No. 32 s 15\n- (a) lease, or agree to lease, to any person land taken, or proposed to be taken, under section 20A ;\n- (b) 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 section 20A ;\n- (c) sign an agreement with any person in relation to works or development for land taken, or proposed to be taken, under section 20A ;\n- (d) sell land taken, or agree to sell land to be taken, under section 20A .","sortOrder":45},{"sectionNumber":"sec.20F","sectionType":"section","heading":"Costs of taking land under s 20A","content":"### sec.20F Costs of taking land under s 20A\n\nBefore MEDQ takes land under section 20A , MEDQ may enter into an agreement with an entity about the costs of taking the land.\nThe agreement may require the person to give a guarantee or provide security to MEDQ for the costs.\nIf the person does not pay to MEDQ the costs of taking the land in accordance with the agreement, MEDQ may recover the costs from the person as a debt owing by the person to MEDQ.\nIn this section—\ncosts , of taking land, includes—\noperational, administrative and legal costs; and\nany compensation assessed under the Acquisition of Land Act 1967 for the taking of the land.\ns 20F ins 2024 No. 32 s 15\n(sec.20F-ssec.1) Before MEDQ takes land under section 20A , MEDQ may enter into an agreement with an entity about the costs of taking the land.\n(sec.20F-ssec.2) The agreement may require the person to give a guarantee or provide security to MEDQ for the costs.\n(sec.20F-ssec.3) If the person does not pay to MEDQ the costs of taking the land in accordance with the agreement, MEDQ may recover the costs from the person as a debt owing by the person to MEDQ.\n(sec.20F-ssec.4) In this section— costs , of taking land, includes— operational, administrative and legal costs; and any compensation assessed under the Acquisition of Land Act 1967 for the taking of the land.\n- (a) operational, administrative and legal costs; and\n- (b) any compensation assessed under the Acquisition of Land Act 1967 for the taking of the land.","sortOrder":46},{"sectionNumber":"sec.20G","sectionType":"section","heading":"Application of Acquisition of Land Act 1967 , ss 36 and 37","content":"### sec.20G Application of Acquisition of Land Act 1967 , ss 36 and 37\n\nThe Acquisition of Land Act 1967 , sections 36 and 37 apply in relation to exercising a power to take land under this division as if MEDQ were exercising its power to take land, as a constructing authority, under the Acquisition of Land Act 1967 .\ns 20G ins 2024 No. 32 s 15","sortOrder":47},{"sectionNumber":"sec.20H","sectionType":"section","heading":"Notice of intention to dispose of land that is not required","content":"### sec.20H Notice of intention to dispose of land that is not required\n\nThis section applies in relation to land taken under section 20A if, within 7 years after the day the land is taken—\nthe land is still held by the entity in which the land was vested under the gazette resumption notice for the taking of the land; and\nthe land is no longer required by the entity; and\nthe entity intends to dispose of the land.\nThe entity must, by notice, advise the previous owner of the land that the entity intends to offer the land to the previous owner.\nThe notice must state—\nthat the previous owner must, within 28 days after the day the notice is given, give a notice to the entity stating whether or not the previous owner is interested in buying the land; and\nthat the entity may dispose of the land to another person if—\nthe entity does not receive a notice under paragraph (a) ; or\nthe notice under paragraph (a) states the previous owner is not interested in buying the land; and\nif the entity has taken an easement under subsection (5) —the nature and terms of the easement.\nIf the entity is not MEDQ, the entity must give a copy of the notice to MEDQ.\nBefore giving a notice under subsection (2) , the entity may take an easement over all or part of the land to ensure the structural and operational integrity of any development infrastructure on the land.\nTo remove any doubt, it is declared that this section applies despite the Acquisition of Land Act 1967 , section 41 .\ns 20H ins 2024 No. 32 s 15\n(sec.20H-ssec.1) This section applies in relation to land taken under section 20A if, within 7 years after the day the land is taken— the land is still held by the entity in which the land was vested under the gazette resumption notice for the taking of the land; and the land is no longer required by the entity; and the entity intends to dispose of the land.\n(sec.20H-ssec.2) The entity must, by notice, advise the previous owner of the land that the entity intends to offer the land to the previous owner.\n(sec.20H-ssec.3) The notice must state— that the previous owner must, within 28 days after the day the notice is given, give a notice to the entity stating whether or not the previous owner is interested in buying the land; and that the entity may dispose of the land to another person if— the entity does not receive a notice under paragraph (a) ; or the notice under paragraph (a) states the previous owner is not interested in buying the land; and if the entity has taken an easement under subsection (5) —the nature and terms of the easement.\n(sec.20H-ssec.4) If the entity is not MEDQ, the entity must give a copy of the notice to MEDQ.\n(sec.20H-ssec.5) Before giving a notice under subsection (2) , the entity may take an easement over all or part of the land to ensure the structural and operational integrity of any development infrastructure on the land.\n(sec.20H-ssec.6) To remove any doubt, it is declared that this section applies despite the Acquisition of Land Act 1967 , section 41 .\n- (a) the land is still held by the entity in which the land was vested under the gazette resumption notice for the taking of the land; and\n- (b) the land is no longer required by the entity; and\n- (c) the entity intends to dispose of the land.\n- (a) that the previous owner must, within 28 days after the day the notice is given, give a notice to the entity stating whether or not the previous owner is interested in buying the land; and\n- (b) that the entity may dispose of the land to another person if— (i) the entity does not receive a notice under paragraph (a) ; or (ii) the notice under paragraph (a) states the previous owner is not interested in buying the land; and\n- (i) the entity does not receive a notice under paragraph (a) ; or\n- (ii) the notice under paragraph (a) states the previous owner is not interested in buying the land; and\n- (c) if the entity has taken an easement under subsection (5) —the nature and terms of the easement.\n- (i) the entity does not receive a notice under paragraph (a) ; or\n- (ii) the notice under paragraph (a) states the previous owner is not interested in buying the land; and","sortOrder":48},{"sectionNumber":"sec.20I","sectionType":"section","heading":"Power to dispose of land that is not required","content":"### sec.20I Power to dispose of land that is not required\n\nSubsection (2) applies if the previous owner of land taken under section 20A gives an entity a notice under section 20H (3) (a) stating that the previous owner is interested in buying the land.\nThe entity must, by notice, offer the land, subject to any easement over the land, for sale to the previous owner at a price decided by the entity.\nSubsection (4) applies if the previous owner of land taken under section 20A —\ndoes not give a notice under section 20H (3) (a) for the land; or\ngives a notice under section 20H (3) (a) stating that the previous owner is not interested in buying the land; or\ndoes not accept an offer for the sale of the land made by the entity.\nThe entity may dispose of the land subject to any easement over the land.\nIn deciding the price for which the land may be sold under subsection (2) or (4) , the entity must consider—\na valuation by a valuer registered under the Valuers Registration Act 1992 ; and\nthe policies and systems for the management of the entity’s assets; and\nthe existence of any easement over the land.\nA person contracting or otherwise dealing with an entity in relation to land is not required to ask whether section 20A or this section has been complied with.\nThe title of any person to land acquired from the entity is not affected by a failure to comply with section 20A or this section.\nTo remove any doubt, it is declared that this section applies despite the Acquisition of Land Act 1967 , section 41 .\ns 20I ins 2024 No. 32 s 15\n(sec.20I-ssec.1) Subsection (2) applies if the previous owner of land taken under section 20A gives an entity a notice under section 20H (3) (a) stating that the previous owner is interested in buying the land.\n(sec.20I-ssec.2) The entity must, by notice, offer the land, subject to any easement over the land, for sale to the previous owner at a price decided by the entity.\n(sec.20I-ssec.3) Subsection (4) applies if the previous owner of land taken under section 20A — does not give a notice under section 20H (3) (a) for the land; or gives a notice under section 20H (3) (a) stating that the previous owner is not interested in buying the land; or does not accept an offer for the sale of the land made by the entity.\n(sec.20I-ssec.4) The entity may dispose of the land subject to any easement over the land.\n(sec.20I-ssec.5) In deciding the price for which the land may be sold under subsection (2) or (4) , the entity must consider— a valuation by a valuer registered under the Valuers Registration Act 1992 ; and the policies and systems for the management of the entity’s assets; and the existence of any easement over the land.\n(sec.20I-ssec.6) A person contracting or otherwise dealing with an entity in relation to land is not required to ask whether section 20A or this section has been complied with.\n(sec.20I-ssec.7) The title of any person to land acquired from the entity is not affected by a failure to comply with section 20A or this section.\n(sec.20I-ssec.8) To remove any doubt, it is declared that this section applies despite the Acquisition of Land Act 1967 , section 41 .\n- (a) does not give a notice under section 20H (3) (a) for the land; or\n- (b) gives a notice under section 20H (3) (a) stating that the previous owner is not interested in buying the land; or\n- (c) does not accept an offer for the sale of the land made by the entity.\n- (a) a valuation by a valuer registered under the Valuers Registration Act 1992 ; and\n- (b) the policies and systems for the management of the entity’s assets; and\n- (c) the existence of any easement over the land.","sortOrder":49},{"sectionNumber":"ch.2-pt.3-div.4","sectionType":"division","heading":"Financial arrangements","content":"## Financial arrangements","sortOrder":50},{"sectionNumber":"sec.21","sectionType":"section","heading":"Entering into financial arrangements","content":"### sec.21 Entering into financial arrangements\n\nMEDQ may—\nlend money, or enter into other financial arrangements, as part of a dealing in land or other property, including, for example, by providing finance to a purchaser; and\nenter into instalment contracts or other deferred payment arrangements as a creditor.\nMEDQ might construct a research facility for an entity and recover the costs of its construction by a lease of the facility to the entity.\nMEDQ may exercise a power under subsection (1) only if MEDQ has considered a matter prescribed under a regulation about the exercise of the power.\nMEDQ may take any form of security or charge over land or other property if MEDQ considers it appropriate for doing a thing under subsection (1) .\n(sec.21-ssec.1) MEDQ may— lend money, or enter into other financial arrangements, as part of a dealing in land or other property, including, for example, by providing finance to a purchaser; and enter into instalment contracts or other deferred payment arrangements as a creditor. MEDQ might construct a research facility for an entity and recover the costs of its construction by a lease of the facility to the entity.\n(sec.21-ssec.2) MEDQ may exercise a power under subsection (1) only if MEDQ has considered a matter prescribed under a regulation about the exercise of the power.\n(sec.21-ssec.3) MEDQ may take any form of security or charge over land or other property if MEDQ considers it appropriate for doing a thing under subsection (1) .\n- (a) lend money, or enter into other financial arrangements, as part of a dealing in land or other property, including, for example, by providing finance to a purchaser; and\n- (b) enter into instalment contracts or other deferred payment arrangements as a creditor. Example— MEDQ might construct a research facility for an entity and recover the costs of its construction by a lease of the facility to the entity.","sortOrder":51},{"sectionNumber":"sec.22","sectionType":"section","heading":"Holding land or other property obtained as security","content":"### sec.22 Holding land or other property obtained as security\n\nThis section applies if MEDQ acquires or otherwise becomes entitled to land or other property as security for, or in satisfaction, liquidation or discharge of, a debt owing to MEDQ.\nMEDQ may hold the land or property until it can be advantageously disposed of.\n(sec.22-ssec.1) This section applies if MEDQ acquires or otherwise becomes entitled to land or other property as security for, or in satisfaction, liquidation or discharge of, a debt owing to MEDQ.\n(sec.22-ssec.2) MEDQ may hold the land or property until it can be advantageously disposed of.","sortOrder":52},{"sectionNumber":"ch.2-pt.3-div.5","sectionType":"division","heading":"Other functions and powers","content":"## Other functions and powers","sortOrder":53},{"sectionNumber":"sec.23","sectionType":"section","heading":"Arrangements to facilitate grant of appropriate lease under Land Act 1994","content":"### sec.23 Arrangements to facilitate grant of appropriate lease under Land Act 1994\n\nMEDQ may, to give effect to the main purpose of this Act, enter into arrangements to facilitate the grant of an appropriate lease to a person under the Land Act 1994 .\ns 23 sub 2024 No. 32 s 16","sortOrder":54},{"sectionNumber":"sec.24","sectionType":"section","heading":"Research","content":"### sec.24 Research\n\nMEDQ may contribute to, or undertake, research about land or other property or infrastructure to give effect to the main purpose of this Act, including, for example, research directed at identifying—\nrecent market trends that may affect economic development, or development for community purposes, in the State; or\nopportunities for economic development, or development for community purposes, in the State; or\ncommunity needs and expectations.\n- (a) recent market trends that may affect economic development, or development for community purposes, in the State; or\n- (b) opportunities for economic development, or development for community purposes, in the State; or\n- (c) community needs and expectations.","sortOrder":55},{"sectionNumber":"ch.2-pt.4","sectionType":"part","heading":"Economic Development Fund","content":"# Economic Development Fund","sortOrder":56},{"sectionNumber":"sec.25","sectionType":"section","heading":"Economic Development Fund","content":"### sec.25 Economic Development Fund\n\nThe Estates Construction Fund under the repealed ID Act is continued in existence under this Act and renamed as the Economic Development Fund (the Fund ).\nThe Fund does not form part of the consolidated fund.\n(sec.25-ssec.1) The Estates Construction Fund under the repealed ID Act is continued in existence under this Act and renamed as the Economic Development Fund (the Fund ).\n(sec.25-ssec.2) The Fund does not form part of the consolidated fund.","sortOrder":57},{"sectionNumber":"sec.26","sectionType":"section","heading":"Payments of amounts into the Fund","content":"### sec.26 Payments of amounts into the Fund\n\nThe following amounts are payable into the Fund—\namounts received by MEDQ for a dealing in land or other property under this Act;\namounts received by MEDQ for a borrowing under the Statutory Bodies Financial Arrangements Act 1982 , part 5 ;\namounts received by MEDQ for an investment under the Statutory Bodies Financial Arrangements Act 1982 , part 6 ;\nfees received by MEDQ for applications under chapter 3 ;\nspecial rates and charges received by MEDQ;\ninfrastructure expenses recoupment charges received by MEDQ;\nany other amounts received by MEDQ in carrying out its functions or exercising its powers under this Act, including, for example, interest received in relation to—\na fund or bank account kept under this Act; or\na financial arrangement under section 21 ;\nany amount appropriated by Parliament for the purposes of the Fund;\nany amount paid into the Fund at the direction of or with the approval of the Minister and the Treasurer.\nSubsection (3) applies if—\nMEDQ delegates a function or power under section 169 ; and\nfor performing the function or exercising the power, the delegate receives an amount that, other than for subsection (3) , would be payable into the Fund under subsection (1) (d) , (e) , (f) or (g) ; and\nthe delegation provides that the delegate may retain all or part of the received amount.\nDespite subsection (1) , the amount that, under the delegation, may be retained is not payable into the Fund.\ns 26 amd 2014 No. 40 s 4\n(sec.26-ssec.1) The following amounts are payable into the Fund— amounts received by MEDQ for a dealing in land or other property under this Act; amounts received by MEDQ for a borrowing under the Statutory Bodies Financial Arrangements Act 1982 , part 5 ; amounts received by MEDQ for an investment under the Statutory Bodies Financial Arrangements Act 1982 , part 6 ; fees received by MEDQ for applications under chapter 3 ; special rates and charges received by MEDQ; infrastructure expenses recoupment charges received by MEDQ; any other amounts received by MEDQ in carrying out its functions or exercising its powers under this Act, including, for example, interest received in relation to— a fund or bank account kept under this Act; or a financial arrangement under section 21 ; any amount appropriated by Parliament for the purposes of the Fund; any amount paid into the Fund at the direction of or with the approval of the Minister and the Treasurer.\n(sec.26-ssec.2) Subsection (3) applies if— MEDQ delegates a function or power under section 169 ; and for performing the function or exercising the power, the delegate receives an amount that, other than for subsection (3) , would be payable into the Fund under subsection (1) (d) , (e) , (f) or (g) ; and the delegation provides that the delegate may retain all or part of the received amount.\n(sec.26-ssec.3) Despite subsection (1) , the amount that, under the delegation, may be retained is not payable into the Fund.\n- (a) amounts received by MEDQ for a dealing in land or other property under this Act;\n- (b) amounts received by MEDQ for a borrowing under the Statutory Bodies Financial Arrangements Act 1982 , part 5 ;\n- (c) amounts received by MEDQ for an investment under the Statutory Bodies Financial Arrangements Act 1982 , part 6 ;\n- (d) fees received by MEDQ for applications under chapter 3 ;\n- (e) special rates and charges received by MEDQ;\n- (f) infrastructure expenses recoupment charges received by MEDQ;\n- (g) any other amounts received by MEDQ in carrying out its functions or exercising its powers under this Act, including, for example, interest received in relation to— (i) a fund or bank account kept under this Act; or (ii) a financial arrangement under section 21 ;\n- (i) a fund or bank account kept under this Act; or\n- (ii) a financial arrangement under section 21 ;\n- (h) any amount appropriated by Parliament for the purposes of the Fund;\n- (i) any amount paid into the Fund at the direction of or with the approval of the Minister and the Treasurer.\n- (i) a fund or bank account kept under this Act; or\n- (ii) a financial arrangement under section 21 ;\n- (a) MEDQ delegates a function or power under section 169 ; and\n- (b) for performing the function or exercising the power, the delegate receives an amount that, other than for subsection (3) , would be payable into the Fund under subsection (1) (d) , (e) , (f) or (g) ; and\n- (c) the delegation provides that the delegate may retain all or part of the received amount.","sortOrder":58},{"sectionNumber":"sec.27","sectionType":"section","heading":"Payment of amounts from the Fund","content":"### sec.27 Payment of amounts from the Fund\n\nA payment of an amount from the Fund may be made for any of the following purposes—\npaying expenses incurred by MEDQ for—\na dealing in land or other property under this Act; or\nthe provision of infrastructure or other services under this Act; or\nthe administration or enforcement of this Act; or\nperforming another function, or exercising another power, under this Act;\npaying fees or expenses related to administering the Fund or a fund or bank account kept under this Act;\ntransferring an amount to a local government under section 127 (1) (b) ;\npaying an amount the Minister and the Treasurer direct MEDQ, in writing, to pay into the consolidated fund.\n- (a) paying expenses incurred by MEDQ for— (i) a dealing in land or other property under this Act; or (ii) the provision of infrastructure or other services under this Act; or (iii) the administration or enforcement of this Act; or (iv) performing another function, or exercising another power, under this Act;\n- (i) a dealing in land or other property under this Act; or\n- (ii) the provision of infrastructure or other services under this Act; or\n- (iii) the administration or enforcement of this Act; or\n- (iv) performing another function, or exercising another power, under this Act;\n- (b) paying fees or expenses related to administering the Fund or a fund or bank account kept under this Act;\n- (c) transferring an amount to a local government under section 127 (1) (b) ;\n- (d) paying an amount the Minister and the Treasurer direct MEDQ, in writing, to pay into the consolidated fund.\n- (i) a dealing in land or other property under this Act; or\n- (ii) the provision of infrastructure or other services under this Act; or\n- (iii) the administration or enforcement of this Act; or\n- (iv) performing another function, or exercising another power, under this Act;","sortOrder":59},{"sectionNumber":"sec.28","sectionType":"section","heading":"Administration of the Fund","content":"### sec.28 Administration of the Fund\n\nThe Fund is to be administered by MEDQ.\ns 28 amd 2024 No. 32 s 17","sortOrder":60},{"sectionNumber":"ch.2-pt.5","sectionType":"part","heading":"Reporting and accountability","content":"# Reporting and accountability","sortOrder":61},{"sectionNumber":"ch.2-pt.5-div.1","sectionType":"division","heading":"Reporting generally","content":"## Reporting generally","sortOrder":62},{"sectionNumber":"sec.29","sectionType":"section","heading":"Quarterly reports","content":"### sec.29 Quarterly reports\n\nThe board must give the Minister a report on MEDQ’s operations for each quarter in a financial year.\nA quarterly report must be given to the Minister—\nwithin 4 weeks after the end of the quarter; or\nif another period after the end of the quarter is agreed between the board and the Minister—within the agreed period.\nA quarterly report must—\ncontain the information required to be given in the report under MEDQ’s operational plan; and\ndescribe how MEDQ has achieved the main purpose of this Act during the quarter; and\nbe signed by the chairperson of the board.\nIn this section—\nquarter , in a financial year, means any of the following periods in the year—\n1 July to 30 September;\n1 October to 31 December;\n1 January to 31 March;\n1 April to 30 June.\ns 29 sub 2024 No. 32 s 18\n(sec.29-ssec.1) The board must give the Minister a report on MEDQ’s operations for each quarter in a financial year.\n(sec.29-ssec.2) A quarterly report must be given to the Minister— within 4 weeks after the end of the quarter; or if another period after the end of the quarter is agreed between the board and the Minister—within the agreed period.\n(sec.29-ssec.3) A quarterly report must— contain the information required to be given in the report under MEDQ’s operational plan; and describe how MEDQ has achieved the main purpose of this Act during the quarter; and be signed by the chairperson of the board.\n(sec.29-ssec.4) In this section— quarter , in a financial year, means any of the following periods in the year— 1 July to 30 September; 1 October to 31 December; 1 January to 31 March; 1 April to 30 June.\n- (a) within 4 weeks after the end of the quarter; or\n- (b) if another period after the end of the quarter is agreed between the board and the Minister—within the agreed period.\n- (a) contain the information required to be given in the report under MEDQ’s operational plan; and\n- (b) describe how MEDQ has achieved the main purpose of this Act during the quarter; and\n- (c) be signed by the chairperson of the board.\n- (a) 1 July to 30 September;\n- (b) 1 October to 31 December;\n- (c) 1 January to 31 March;\n- (d) 1 April to 30 June.","sortOrder":63},{"sectionNumber":"sec.30","sectionType":"section","heading":"Board to keep Minister informed","content":"### sec.30 Board to keep Minister informed\n\nThe board must—\nkeep the Minister informed of MEDQ’s operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and\nkeep the Minister informed of how MEDQ is achieving the main purpose of this Act; and\ngive the Minister reports and information to enable the Minister to make informed assessments of matters mentioned in paragraphs (a) and (b) ; and\nimmediately inform the Minister of any matters that arise that, in the board’s opinion, may—\nprevent, or significantly affect, achievement of the objectives in MEDQ’s strategic and operational plans; or\nsignificantly affect MEDQ’s performance in delivering the outputs under its operational plan.\ns 30 amd 2019 No. 11 s 72\nsub 2024 No. 32 s 18\n- (a) keep the Minister informed of MEDQ’s operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and\n- (b) keep the Minister informed of how MEDQ is achieving the main purpose of this Act; and\n- (c) give the Minister reports and information to enable the Minister to make informed assessments of matters mentioned in paragraphs (a) and (b) ; and\n- (d) immediately inform the Minister of any matters that arise that, in the board’s opinion, may— (i) prevent, or significantly affect, achievement of the objectives in MEDQ’s strategic and operational plans; or (ii) significantly affect MEDQ’s performance in delivering the outputs under its operational plan.\n- (i) prevent, or significantly affect, achievement of the objectives in MEDQ’s strategic and operational plans; or\n- (ii) significantly affect MEDQ’s performance in delivering the outputs under its operational plan.\n- (i) prevent, or significantly affect, achievement of the objectives in MEDQ’s strategic and operational plans; or\n- (ii) significantly affect MEDQ’s performance in delivering the outputs under its operational plan.","sortOrder":64},{"sectionNumber":"sec.31","sectionType":"section","heading":"Other reporting requirements","content":"### sec.31 Other reporting requirements\n\nSections 29 and 30 do not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give under another Act.\ns 31 amd 2019 No. 11 s 73\nsub 2024 No. 32 s 18","sortOrder":65},{"sectionNumber":"ch.2-pt.5-div.2","sectionType":"division","heading":"Annual reports","content":"## Annual reports","sortOrder":66},{"sectionNumber":"sec.32","sectionType":"section","heading":"Definition for division","content":"### sec.32 Definition for division\n\nIn this division—\nannual report means MEDQ’s annual report under the Financial Accountability Act 2009 .\ns 32 amd 2019 No. 11 s 74\nsub 2024 No. 32 s 18","sortOrder":67},{"sectionNumber":"sec.32A","sectionType":"section","heading":"Deletion of commercially sensitive matters from annual report","content":"### sec.32A Deletion of commercially sensitive matters from annual report\n\nThis section applies if the board asks the Minister to delete from the copies of an annual report (and accompanying documents) that are to be made public a matter that is of a commercially sensitive nature.\nThe Minister may delete the matter from the copies of the annual report (and accompanying documents) that are laid before the Legislative Assembly or otherwise made public.\npricing information given to MEDQ in response to an unfinished tender process\ns 32A ins 2024 No. 32 s 18\n(sec.32A-ssec.1) This section applies if the board asks the Minister to delete from the copies of an annual report (and accompanying documents) that are to be made public a matter that is of a commercially sensitive nature.\n(sec.32A-ssec.2) The Minister may delete the matter from the copies of the annual report (and accompanying documents) that are laid before the Legislative Assembly or otherwise made public. pricing information given to MEDQ in response to an unfinished tender process","sortOrder":68},{"sectionNumber":"sec.32B","sectionType":"section","heading":"Annual report may include a summary of a matter","content":"### sec.32B Annual report may include a summary of a matter\n\nAn annual report may include a summary of a matter required to be included in the annual report, rather than a full statement of the matter, if—\nthe summary indicates that it is a summary only; and\na full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.\ns 32B ins 2024 No. 32 s 18\n- (a) the summary indicates that it is a summary only; and\n- (b) a full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly.","sortOrder":69},{"sectionNumber":"sec.32C","sectionType":"section","heading":"Matters to be included in annual report","content":"### sec.32C Matters to be included in annual report\n\nThe annual report for a financial year must include the details of all directions given to MEDQ by the Minister under this part or part 6 during the financial year.\ns 32C ins 2024 No. 32 s 18","sortOrder":70},{"sectionNumber":"ch.2-pt.5-div.3","sectionType":"division","heading":"Strategic and operational plans","content":"## Strategic and operational plans","sortOrder":71},{"sectionNumber":"sec.32D","sectionType":"section","heading":"Interaction with the Financial Accountability Act 2009","content":"### sec.32D Interaction with the Financial Accountability Act 2009\n\nIf something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with the Financial Accountability Act 2009 is sufficient compliance with this division.\nOtherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009 .\nIf there is an inconsistency between this division and the Financial Accountability Act 2009 , the Financial Accountability Act 2009 prevails to the extent of the inconsistency.\ns 32D ins 2024 No. 32 s 18\n(sec.32D-ssec.1) If something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009 , compliance with the Financial Accountability Act 2009 is sufficient compliance with this division.\n(sec.32D-ssec.2) Otherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009 .\n(sec.32D-ssec.3) If there is an inconsistency between this division and the Financial Accountability Act 2009 , the Financial Accountability Act 2009 prevails to the extent of the inconsistency.","sortOrder":72},{"sectionNumber":"sec.32E","sectionType":"section","heading":"Draft strategic and operational plans","content":"### sec.32E Draft strategic and operational plans\n\nBefore 31 March each year, the board must prepare, and give to the Minister for the Minister’s agreement, a draft strategic plan and a draft operational plan for the next financial year.\nThe board and the Minister must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.\ns 32E ins 2024 No. 32 s 18\n(sec.32E-ssec.1) Before 31 March each year, the board must prepare, and give to the Minister for the Minister’s agreement, a draft strategic plan and a draft operational plan for the next financial year.\n(sec.32E-ssec.2) The board and the Minister must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.","sortOrder":73},{"sectionNumber":"sec.32F","sectionType":"section","heading":"Procedures","content":"### sec.32F Procedures\n\nThe Minister may return the draft strategic or operational plan to the board and ask the board—\nto consider, or further consider, a stated thing and deal with the thing in the draft plan; and\nto revise the draft plan in the light of its consideration or further consideration.\nThe board must comply with the request as a matter of urgency.\nIf the draft plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board—\nto take stated steps in relation to the draft plan; or\nto make stated modifications of the draft plan.\nThe board must immediately comply with the direction and include a copy of the direction in the plan.\ns 32F ins 2024 No. 32 s 18\n(sec.32F-ssec.1) The Minister may return the draft strategic or operational plan to the board and ask the board— to consider, or further consider, a stated thing and deal with the thing in the draft plan; and to revise the draft plan in the light of its consideration or further consideration.\n(sec.32F-ssec.2) The board must comply with the request as a matter of urgency.\n(sec.32F-ssec.3) If the draft plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board— to take stated steps in relation to the draft plan; or to make stated modifications of the draft plan.\n(sec.32F-ssec.4) The board must immediately comply with the direction and include a copy of the direction in the plan.\n- (a) to consider, or further consider, a stated thing and deal with the thing in the draft plan; and\n- (b) to revise the draft plan in the light of its consideration or further consideration.\n- (a) to take stated steps in relation to the draft plan; or\n- (b) to make stated modifications of the draft plan.","sortOrder":74},{"sectionNumber":"sec.32G","sectionType":"section","heading":"Strategic or operational plan pending agreement","content":"### sec.32G Strategic or operational plan pending agreement\n\nThis section applies if the Minister and the board have not agreed to the draft strategic or operational plan before the start of the relevant financial year.\nThe draft plan given, or last given, by the board to the Minister before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the Minister, is taken to be MEDQ’s strategic or operational plan.\nSubsection (2) applies until a draft strategic or operational plan becomes MEDQ’s strategic or operational plan under section 32H .\ns 32G ins 2024 No. 32 s 18\n(sec.32G-ssec.1) This section applies if the Minister and the board have not agreed to the draft strategic or operational plan before the start of the relevant financial year.\n(sec.32G-ssec.2) The draft plan given, or last given, by the board to the Minister before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the Minister, is taken to be MEDQ’s strategic or operational plan.\n(sec.32G-ssec.3) Subsection (2) applies until a draft strategic or operational plan becomes MEDQ’s strategic or operational plan under section 32H .","sortOrder":75},{"sectionNumber":"sec.32H","sectionType":"section","heading":"Strategic or operational plan on agreement","content":"### sec.32H Strategic or operational plan on agreement\n\nWhen the draft strategic or operational plan has been agreed to in writing by the Minister, it becomes MEDQ’s strategic or operational plan for the relevant financial year.\ns 32H ins 2024 No. 32 s 18","sortOrder":76},{"sectionNumber":"sec.32I","sectionType":"section","heading":"Compliance with strategic and operational plans","content":"### sec.32I Compliance with strategic and operational plans\n\nMEDQ must comply with its strategic and operational plans for a financial year.\ns 32I ins 2024 No. 32 s 18","sortOrder":77},{"sectionNumber":"sec.32J","sectionType":"section","heading":"Modifications of strategic or operational plan","content":"### sec.32J Modifications of strategic or operational plan\n\nThe board may modify MEDQ’s strategic or operational plan only with the written agreement of the Minister.\nThe Minister may, by written notice, direct the board to modify MEDQ’s strategic or operational plan.\ns 32J ins 2024 No. 32 s 18\n(sec.32J-ssec.1) The board may modify MEDQ’s strategic or operational plan only with the written agreement of the Minister.\n(sec.32J-ssec.2) The Minister may, by written notice, direct the board to modify MEDQ’s strategic or operational plan.","sortOrder":78},{"sectionNumber":"sec.32K","sectionType":"section","heading":"Content of strategic plan","content":"### sec.32K Content of strategic plan\n\nMEDQ’s strategic plan for a financial year must include—\nMEDQ’s objectives and intended outcomes; and\nMEDQ’s capital structure; and\nMEDQ’s annual budget and annual forecasts of revenue; and\nMEDQ’s key performance indicators relating to the achievement of the main purpose of this Act; and\nan outline of the following matters—\nthe nature and scope of the activities proposed to be undertaken by MEDQ during the financial year;\nMEDQ’s main undertakings for the financial year;\nthe borrowings made or proposed to be made by MEDQ;\nMEDQ’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability;\nMEDQ’s policies and procedures relating to the acquisition and disposal of major assets; and\nan outline of the major investments proposed to be undertaken by MEDQ during the financial year.\ns 32K ins 2024 No. 32 s 18\n- (a) MEDQ’s objectives and intended outcomes; and\n- (b) MEDQ’s capital structure; and\n- (c) MEDQ’s annual budget and annual forecasts of revenue; and\n- (d) MEDQ’s key performance indicators relating to the achievement of the main purpose of this Act; and\n- (e) an outline of the following matters— (i) the nature and scope of the activities proposed to be undertaken by MEDQ during the financial year; (ii) MEDQ’s main undertakings for the financial year; (iii) the borrowings made or proposed to be made by MEDQ; (iv) MEDQ’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability; (v) MEDQ’s policies and procedures relating to the acquisition and disposal of major assets; and\n- (i) the nature and scope of the activities proposed to be undertaken by MEDQ during the financial year;\n- (ii) MEDQ’s main undertakings for the financial year;\n- (iii) the borrowings made or proposed to be made by MEDQ;\n- (iv) MEDQ’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability;\n- (v) MEDQ’s policies and procedures relating to the acquisition and disposal of major assets; and\n- (f) an outline of the major investments proposed to be undertaken by MEDQ during the financial year.\n- (i) the nature and scope of the activities proposed to be undertaken by MEDQ during the financial year;\n- (ii) MEDQ’s main undertakings for the financial year;\n- (iii) the borrowings made or proposed to be made by MEDQ;\n- (iv) MEDQ’s policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability;\n- (v) MEDQ’s policies and procedures relating to the acquisition and disposal of major assets; and","sortOrder":79},{"sectionNumber":"sec.32L","sectionType":"section","heading":"Publication of strategic plan","content":"### sec.32L Publication of strategic plan\n\nMEDQ must publish MEDQ’s strategic plan, including any modifications under section 32J , on MEDQ’s website.\nHowever, if MEDQ considers information in the strategic plan may have an adverse effect on the interests of MEDQ, or reveal information that is commercial-in-confidence, MEDQ is not required to publish the information.\ns 32L ins 2024 No. 32 s 18\n(sec.32L-ssec.1) MEDQ must publish MEDQ’s strategic plan, including any modifications under section 32J , on MEDQ’s website.\n(sec.32L-ssec.2) However, if MEDQ considers information in the strategic plan may have an adverse effect on the interests of MEDQ, or reveal information that is commercial-in-confidence, MEDQ is not required to publish the information.","sortOrder":80},{"sectionNumber":"ch.2-pt.6","sectionType":"part","heading":"Directions about equity and dividends","content":"# Directions about equity and dividends","sortOrder":81},{"sectionNumber":"ch.2-pt.6-div.1","sectionType":"division","heading":"Direction about equity","content":"## Direction about equity","sortOrder":82},{"sectionNumber":"sec.32M","sectionType":"section","heading":"Giving direction","content":"### sec.32M Giving direction\n\nThe Minister may, at any time, give MEDQ a written direction about payment or transfer of an asset or liability to, or withdrawal or transfer of an asset or liability from, MEDQ’s equity.\nMEDQ must comply with the direction.\nThe board must ensure the direction is complied with in relation to MEDQ.\nThe Minister must, before giving the direction, consult with the board about the proposed direction.\ns 32M ins 2024 No. 32 s 18\n(sec.32M-ssec.1) The Minister may, at any time, give MEDQ a written direction about payment or transfer of an asset or liability to, or withdrawal or transfer of an asset or liability from, MEDQ’s equity.\n(sec.32M-ssec.2) MEDQ must comply with the direction.\n(sec.32M-ssec.3) The board must ensure the direction is complied with in relation to MEDQ.\n(sec.32M-ssec.4) The Minister must, before giving the direction, consult with the board about the proposed direction.","sortOrder":83},{"sectionNumber":"ch.2-pt.6-div.2","sectionType":"division","heading":"Direction about dividends","content":"## Direction about dividends","sortOrder":84},{"sectionNumber":"sec.32N","sectionType":"section","heading":"Giving direction","content":"### sec.32N Giving direction\n\nThe Minister may give MEDQ a written direction to pay to the State, for a financial year, a dividend of the amount decided under this part.\nIf the Minister gives a direction under subsection (1) , MEDQ must pay the dividend within 6 months after the end of the financial year for which it is payable or a longer period allowed by the Minister.\ns 32N ins 2024 No. 32 s 18\n(sec.32N-ssec.1) The Minister may give MEDQ a written direction to pay to the State, for a financial year, a dividend of the amount decided under this part.\n(sec.32N-ssec.2) If the Minister gives a direction under subsection (1) , MEDQ must pay the dividend within 6 months after the end of the financial year for which it is payable or a longer period allowed by the Minister.","sortOrder":85},{"sectionNumber":"sec.32O","sectionType":"section","heading":"Amount of dividend","content":"### sec.32O Amount of dividend\n\nDuring the period from 1 to 15 May in a financial year, MEDQ must give the Minister—\nan estimate of its profit for the financial year; and\na recommendation about the amount of the dividend that may be required to be paid for the financial year.\nBefore the end of the financial year, the Minister may—\napprove the recommendation and give MEDQ a direction to pay a dividend of that amount; or\ngive MEDQ a direction to pay a dividend of a different stated amount.\nThe amount of the dividend for a financial year must not be more than the amount that would be allowed to be paid by a company under the Corporations Act , part 2H .5 if MEDQ were a company.\ns 32O ins 2024 No. 32 s 18\n(sec.32O-ssec.1) During the period from 1 to 15 May in a financial year, MEDQ must give the Minister— an estimate of its profit for the financial year; and a recommendation about the amount of the dividend that may be required to be paid for the financial year.\n(sec.32O-ssec.2) Before the end of the financial year, the Minister may— approve the recommendation and give MEDQ a direction to pay a dividend of that amount; or give MEDQ a direction to pay a dividend of a different stated amount.\n(sec.32O-ssec.3) The amount of the dividend for a financial year must not be more than the amount that would be allowed to be paid by a company under the Corporations Act , part 2H .5 if MEDQ were a company.\n- (a) an estimate of its profit for the financial year; and\n- (b) a recommendation about the amount of the dividend that may be required to be paid for the financial year.\n- (a) approve the recommendation and give MEDQ a direction to pay a dividend of that amount; or\n- (b) give MEDQ a direction to pay a dividend of a different stated amount.","sortOrder":86},{"sectionNumber":"ch.2-pt.7","sectionType":"part","heading":"Commonwealth tax equivalents","content":"# Commonwealth tax equivalents","sortOrder":87},{"sectionNumber":"sec.32P","sectionType":"section","heading":"Liability for Commonwealth tax equivalents","content":"### sec.32P Liability for Commonwealth tax equivalents\n\nThe Treasurer may issue a manual (the tax equivalents manual ) about deciding the tax equivalents to be paid by MEDQ and its subsidiaries.\nWithout limiting subsection (1) , the tax equivalents manual may provide for—\nrulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and\nthe lodging of returns by MEDQ and its subsidiaries; and\nassessing returns; and\nthe functions and powers of the tax assessor appointed under subsection (3) ; and\nobjections and appeals against assessments and rulings.\nThe Treasurer may appoint a person to be the tax assessor under the tax equivalents manual.\nMEDQ and its subsidiaries must, as required under the tax equivalents manual, pay tax equivalents to the Treasurer for payment into the consolidated fund.\nThe Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made.\nIn this section—\nCommonwealth tax means tax imposed under a Commonwealth Act.\ntax equivalents means amounts paid by MEDQ or its subsidiaries to the Treasurer, for payment into the consolidated fund, as the value of benefits derived by MEDQ or its subsidiaries because MEDQ is not liable to pay Commonwealth tax that would be payable by MEDQ if MEDQ were not a government entity.\ns 32P ins 2024 No. 32 s 18\n(sec.32P-ssec.1) The Treasurer may issue a manual (the tax equivalents manual ) about deciding the tax equivalents to be paid by MEDQ and its subsidiaries.\n(sec.32P-ssec.2) Without limiting subsection (1) , the tax equivalents manual may provide for— rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and the lodging of returns by MEDQ and its subsidiaries; and assessing returns; and the functions and powers of the tax assessor appointed under subsection (3) ; and objections and appeals against assessments and rulings.\n(sec.32P-ssec.3) The Treasurer may appoint a person to be the tax assessor under the tax equivalents manual.\n(sec.32P-ssec.4) MEDQ and its subsidiaries must, as required under the tax equivalents manual, pay tax equivalents to the Treasurer for payment into the consolidated fund.\n(sec.32P-ssec.5) The Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made.\n(sec.32P-ssec.6) In this section— Commonwealth tax means tax imposed under a Commonwealth Act. tax equivalents means amounts paid by MEDQ or its subsidiaries to the Treasurer, for payment into the consolidated fund, as the value of benefits derived by MEDQ or its subsidiaries because MEDQ is not liable to pay Commonwealth tax that would be payable by MEDQ if MEDQ were not a government entity.\n- (a) rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and\n- (b) the lodging of returns by MEDQ and its subsidiaries; and\n- (c) assessing returns; and\n- (d) the functions and powers of the tax assessor appointed under subsection (3) ; and\n- (e) objections and appeals against assessments and rulings.","sortOrder":88},{"sectionNumber":"ch.2-pt.8","sectionType":"part","heading":"Chief executive officer","content":"# Chief executive officer","sortOrder":89},{"sectionNumber":"sec.32Q","sectionType":"section","heading":"Appointment and removal","content":"### sec.32Q Appointment and removal\n\nThe Governor in Council must appoint a chief executive officer of MEDQ (the CEO ).\nThe CEO is appointed under this Act and not the Public Sector Act 2022 .\nTo be appointed as the CEO, a person must have a professional qualification relevant to, and professional experience in, an area relating to the main functions of MEDQ.\nThe Governor in Council may, at any time, remove the CEO from office.\ns 32Q ins 2024 No. 32 s 18\namd 2025 No. 14 s 33\n(sec.32Q-ssec.1) The Governor in Council must appoint a chief executive officer of MEDQ (the CEO ).\n(sec.32Q-ssec.2) The CEO is appointed under this Act and not the Public Sector Act 2022 .\n(sec.32Q-ssec.3) To be appointed as the CEO, a person must have a professional qualification relevant to, and professional experience in, an area relating to the main functions of MEDQ.\n(sec.32Q-ssec.4) The Governor in Council may, at any time, remove the CEO from office.","sortOrder":90},{"sectionNumber":"sec.32R","sectionType":"section","heading":"Disqualification as CEO","content":"### sec.32R Disqualification as CEO\n\nA person is disqualified from being appointed, or continuing as, the CEO if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6; or\ncontravenes section 32X , 32Y or 32Z .\ns 32R ins 2024 No. 32 s 18\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or\n- (d) contravenes section 32X , 32Y or 32Z .","sortOrder":91},{"sectionNumber":"sec.32S","sectionType":"section","heading":"Criminal history report","content":"### sec.32S Criminal history report\n\nTo decide if a person is disqualified from becoming or continuing as the CEO, the Minister may ask the police commissioner for—\na written report about the criminal history of the person; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe police commissioner must comply with the request.\nHowever, the duty to comply applies only to information in the possession of the police commissioner or to which the police commissioner has access.\nThe Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\ns 32S ins 2024 No. 32 s 18\n(sec.32S-ssec.1) To decide if a person is disqualified from becoming or continuing as the CEO, the Minister may ask the police commissioner for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.32S-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.32S-ssec.3) The police commissioner must comply with the request.\n(sec.32S-ssec.4) However, the duty to comply applies only to information in the possession of the police commissioner or to which the police commissioner has access.\n(sec.32S-ssec.5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":92},{"sectionNumber":"sec.32T","sectionType":"section","heading":"Term","content":"### sec.32T Term\n\nThe CEO holds office for the term stated in the CEO’s instrument of appointment.\nThe stated term must not be more than 5 years.\nThe CEO may be reappointed.\ns 32T ins 2024 No. 32 s 18\n(sec.32T-ssec.1) The CEO holds office for the term stated in the CEO’s instrument of appointment.\n(sec.32T-ssec.2) The stated term must not be more than 5 years.\n(sec.32T-ssec.3) The CEO may be reappointed.","sortOrder":93},{"sectionNumber":"sec.32U","sectionType":"section","heading":"Remuneration and conditions","content":"### sec.32U Remuneration and conditions\n\nThe CEO is to be paid the remuneration and other allowances decided by the Governor in Council.\nThe CEO holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\ns 32U ins 2024 No. 32 s 18\n(sec.32U-ssec.1) The CEO is to be paid the remuneration and other allowances decided by the Governor in Council.\n(sec.32U-ssec.2) The CEO holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.","sortOrder":94},{"sectionNumber":"sec.32V","sectionType":"section","heading":null,"content":"### Section sec.32V\n\ns 32V ins 2024 No. 32 s 18\nom 2025 No. 14 s 34","sortOrder":95},{"sectionNumber":"sec.32W","sectionType":"section","heading":"Vacancy in office","content":"### sec.32W Vacancy in office\n\nThe office of the CEO becomes vacant if the CEO—\ncompletes a term of office and is not reappointed; or\nresigns office by signed notice given to the Minister; or\nbecomes disqualified under section 32R (a) , (b) or (c) from continuing as CEO; or\nis removed from office.\ns 32W ins 2024 No. 32 s 18\namd 2025 No. 14 s 35\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns office by signed notice given to the Minister; or\n- (c) becomes disqualified under section 32R (a) , (b) or (c) from continuing as CEO; or\n- (d) is removed from office.","sortOrder":96},{"sectionNumber":"sec.32X","sectionType":"section","heading":"CEO not to engage in other paid employment","content":"### sec.32X CEO not to engage in other paid employment\n\nThe CEO must not, without the Minister’s prior written approval—\nengage in paid employment outside the responsibilities of—\nthe office of the CEO; and\nif the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer; or\nactively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of—\nthe office of the CEO; and\nif the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer.\ns 32X ins 2024 No. 32 s 18\n- (a) engage in paid employment outside the responsibilities of— (i) the office of the CEO; and (ii) if the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer; or\n- (i) the office of the CEO; and\n- (ii) if the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer; or\n- (b) actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of— (i) the office of the CEO; and (ii) if the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer.\n- (i) the office of the CEO; and\n- (ii) if the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer.\n- (i) the office of the CEO; and\n- (ii) if the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer; or\n- (i) the office of the CEO; and\n- (ii) if the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer.","sortOrder":97},{"sectionNumber":"sec.32Y","sectionType":"section","heading":"CEO not to enter into contract with MEDQ","content":"### sec.32Y CEO not to enter into contract with MEDQ\n\nThe CEO must not enter into a contract with MEDQ, other than a contract related to the CEO’s employment.\ns 32Y ins 2024 No. 32 s 18","sortOrder":98},{"sectionNumber":"sec.32Z","sectionType":"section","heading":"Conflicts of interest","content":"### sec.32Z Conflicts of interest\n\nIf the CEO has an interest that conflicts, or may conflict, with the discharge of the CEO’s responsibilities, the CEO—\nmust disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the CEO’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.\ns 32Z ins 2024 No. 32 s 18\n- (a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the CEO’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.","sortOrder":99},{"sectionNumber":"sec.32ZA","sectionType":"section","heading":"Functions","content":"### sec.32ZA Functions\n\nThe CEO has the function of ensuring the effective and efficient administration and operation of MEDQ and the performance of its functions.\nThe CEO also has the functions given to the CEO under this Act or another Act.\ns 32ZA ins 2024 No. 32 s 18\n(sec.32ZA-ssec.1) The CEO has the function of ensuring the effective and efficient administration and operation of MEDQ and the performance of its functions.\n(sec.32ZA-ssec.2) The CEO also has the functions given to the CEO under this Act or another Act.","sortOrder":100},{"sectionNumber":"sec.32ZB","sectionType":"section","heading":"Powers","content":"### sec.32ZB Powers\n\nThe CEO has the power to do anything necessary or convenient to be done for the performance of the CEO’s functions.\nThe CEO also has the powers given to the CEO under this Act or another Act.\ns 32ZB ins 2024 No. 32 s 18\n(sec.32ZB-ssec.1) The CEO has the power to do anything necessary or convenient to be done for the performance of the CEO’s functions.\n(sec.32ZB-ssec.2) The CEO also has the powers given to the CEO under this Act or another Act.","sortOrder":101},{"sectionNumber":"sec.32ZC","sectionType":"section","heading":"Delegation","content":"### sec.32ZC Delegation\n\nThe CEO may delegate the CEO’s functions under this Act to an appropriately qualified person.\nIn this section—\nfunctions includes powers.\ns 32ZC ins 2024 No. 32 s 18\n(sec.32ZC-ssec.1) The CEO may delegate the CEO’s functions under this Act to an appropriately qualified person.\n(sec.32ZC-ssec.2) In this section— functions includes powers.","sortOrder":102},{"sectionNumber":"sec.32ZD","sectionType":"section","heading":"Acting CEO—appointment and removal","content":"### sec.32ZD Acting CEO—appointment and removal\n\nThe Governor in Council may appoint a person to act as CEO—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\nThe acting CEO is appointed under this Act and not the Public Sector Act 2022 .\nThe Governor in Council may, at any time, remove the acting CEO from office.\ns 32ZD ins 2024 No. 32 s 18\namd 2025 No. 14 s 36\n(sec.32ZD-ssec.1) The Governor in Council may appoint a person to act as CEO— during a vacancy in the office; or during any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\n(sec.32ZD-ssec.2) The acting CEO is appointed under this Act and not the Public Sector Act 2022 .\n(sec.32ZD-ssec.3) The Governor in Council may, at any time, remove the acting CEO from office.\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.","sortOrder":103},{"sectionNumber":"ch.2-pt.9","sectionType":"part","heading":"EDQ employing office","content":"# EDQ employing office","sortOrder":104},{"sectionNumber":"ch.2-pt.9-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":105},{"sectionNumber":"sec.32ZE","sectionType":"section","heading":"Establishment of EDQ employing office","content":"### sec.32ZE Establishment of EDQ employing office\n\nThe Economic Development Queensland employing office (the EDQ employing office ) is established.\nThe EDQ employing office consists of—\nthe executive officer; and\nthe employees of the EDQ employing office.\nThe EDQ employing office is a separate entity from MEDQ.\ns 32ZE ins 2024 No. 32 s 18\n(sec.32ZE-ssec.1) The Economic Development Queensland employing office (the EDQ employing office ) is established.\n(sec.32ZE-ssec.2) The EDQ employing office consists of— the executive officer; and the employees of the EDQ employing office.\n(sec.32ZE-ssec.3) The EDQ employing office is a separate entity from MEDQ.\n- (a) the executive officer; and\n- (b) the employees of the EDQ employing office.","sortOrder":106},{"sectionNumber":"sec.32ZF","sectionType":"section","heading":"EDQ employing office represents the State","content":"### sec.32ZF EDQ employing office represents the State\n\nThe EDQ employing office represents the State.\nWithout limiting subsection (1) , the EDQ employing office has the status, privileges and immunities of the State.\ns 32ZF ins 2024 No. 32 s 18\n(sec.32ZF-ssec.1) The EDQ employing office represents the State.\n(sec.32ZF-ssec.2) Without limiting subsection (1) , the EDQ employing office has the status, privileges and immunities of the State.","sortOrder":107},{"sectionNumber":"sec.32ZG","sectionType":"section","heading":"Application of other Acts","content":"### sec.32ZG Application of other Acts\n\nThe EDQ employing office is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na statutory body under—\nthe Financial Accountability Act 2009 ; and\nthe Statutory Bodies Financial Arrangements Act 1982 .\ns 32ZG ins 2024 No. 32 s 18\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a statutory body under— (i) the Financial Accountability Act 2009 ; and (ii) the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the Financial Accountability Act 2009 ; and\n- (ii) the Statutory Bodies Financial Arrangements Act 1982 .\n- (i) the Financial Accountability Act 2009 ; and\n- (ii) the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":108},{"sectionNumber":"sec.32ZH","sectionType":"section","heading":"Functions","content":"### sec.32ZH Functions\n\nThe main functions of the EDQ employing office are—\nentering into, for the State, mobility arrangements under which an employee of the EDQ employing office performs work for or within, or duties in, MEDQ; and\nemploying, for the State, employees to perform work for or within, or duties in, MEDQ under the mobility arrangements mentioned in paragraph (a) ; and\ndoing anything incidental to the discharge of the functions mentioned in paragraph (a) and (b) .\nAlso, the EDQ employing office has any other function conferred on the EDQ employing office under this Act or another Act.\nIn this section—\nmobility arrangement see the Public Sector Act 2022 .\ns 32ZH ins 2024 No. 32 s 18\n(sec.32ZH-ssec.1) The main functions of the EDQ employing office are— entering into, for the State, mobility arrangements under which an employee of the EDQ employing office performs work for or within, or duties in, MEDQ; and employing, for the State, employees to perform work for or within, or duties in, MEDQ under the mobility arrangements mentioned in paragraph (a) ; and doing anything incidental to the discharge of the functions mentioned in paragraph (a) and (b) .\n(sec.32ZH-ssec.2) Also, the EDQ employing office has any other function conferred on the EDQ employing office under this Act or another Act.\n(sec.32ZH-ssec.3) In this section— mobility arrangement see the Public Sector Act 2022 .\n- (a) entering into, for the State, mobility arrangements under which an employee of the EDQ employing office performs work for or within, or duties in, MEDQ; and\n- (b) employing, for the State, employees to perform work for or within, or duties in, MEDQ under the mobility arrangements mentioned in paragraph (a) ; and\n- (c) doing anything incidental to the discharge of the functions mentioned in paragraph (a) and (b) .","sortOrder":109},{"sectionNumber":"sec.32ZI","sectionType":"section","heading":"Powers","content":"### sec.32ZI Powers\n\nThe EDQ employing office has the power to do anything necessary or convenient to be done for the performance of the EDQ employing office’s functions.\nThe EDQ employing office also has the powers given to it under this Act or another Act.\ns 32ZI ins 2024 No. 32 s 18\n(sec.32ZI-ssec.1) The EDQ employing office has the power to do anything necessary or convenient to be done for the performance of the EDQ employing office’s functions.\n(sec.32ZI-ssec.2) The EDQ employing office also has the powers given to it under this Act or another Act.","sortOrder":110},{"sectionNumber":"sec.32ZJ","sectionType":"section","heading":"Employees","content":"### sec.32ZJ Employees\n\nThe employees of the EDQ employing office are to be employed under the Public Sector Act 2022 .\ns 32ZJ ins 2024 No. 32 s 18","sortOrder":111},{"sectionNumber":"ch.2-pt.9-div.2","sectionType":"division","heading":"Executive officer","content":"## Executive officer","sortOrder":112},{"sectionNumber":"sec.32ZK","sectionType":"section","heading":"Appointment and removal","content":"### sec.32ZK Appointment and removal\n\nThere is to be an executive officer of the EDQ employing office.\nThe executive officer is to be appointed by the Governor in Council.\nThe executive officer is appointed under this Act and not the Public Sector Act 2022 .\nThe executive officer may be the same person as the CEO.\nThe Governor in Council may, at any time, remove the executive officer from office.\ns 32ZK ins 2024 No. 32 s 18\namd 2025 No. 14 s 37\n(sec.32ZK-ssec.1) There is to be an executive officer of the EDQ employing office.\n(sec.32ZK-ssec.2) The executive officer is to be appointed by the Governor in Council.\n(sec.32ZK-ssec.3) The executive officer is appointed under this Act and not the Public Sector Act 2022 .\n(sec.32ZK-ssec.4) The executive officer may be the same person as the CEO.\n(sec.32ZK-ssec.5) The Governor in Council may, at any time, remove the executive officer from office.","sortOrder":113},{"sectionNumber":"sec.32ZL","sectionType":"section","heading":"Disqualification as executive officer","content":"### sec.32ZL Disqualification as executive officer\n\nA person is disqualified from being appointed, or continuing, as the executive officer if the person—\nhas a conviction, other than a spent conviction, for an indictable offence; or\nis an insolvent under administration; or\nis disqualified from managing corporations because of the Corporations Act , part 2D .6; or\ncontravenes section 32ZR or 32ZS .\ns 32ZL ins 2024 No. 32 s 18\n- (a) has a conviction, other than a spent conviction, for an indictable offence; or\n- (b) is an insolvent under administration; or\n- (c) is disqualified from managing corporations because of the Corporations Act , part 2D .6; or\n- (d) contravenes section 32ZR or 32ZS .","sortOrder":114},{"sectionNumber":"sec.32ZM","sectionType":"section","heading":"Criminal history report","content":"### sec.32ZM Criminal history report\n\nTo decide if a person is disqualified from becoming or continuing as the executive officer, the Minister may ask the police commissioner for—\na written report about the criminal history of the person; and\na brief description of the circumstances of a conviction mentioned in the criminal history.\nHowever, the Minister may make the request only if the person has given the Minister written consent for the request.\nThe police commissioner must comply with the request.\nHowever, the duty to comply applies only to information in the possession of the police commissioner or to which the police commissioner has access.\nThe Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\ns 32ZM ins 2024 No. 32 s 18\n(sec.32ZM-ssec.1) To decide if a person is disqualified from becoming or continuing as the executive officer, the Minister may ask the police commissioner for— a written report about the criminal history of the person; and a brief description of the circumstances of a conviction mentioned in the criminal history.\n(sec.32ZM-ssec.2) However, the Minister may make the request only if the person has given the Minister written consent for the request.\n(sec.32ZM-ssec.3) The police commissioner must comply with the request.\n(sec.32ZM-ssec.4) However, the duty to comply applies only to information in the possession of the police commissioner or to which the police commissioner has access.\n(sec.32ZM-ssec.5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n- (a) a written report about the criminal history of the person; and\n- (b) a brief description of the circumstances of a conviction mentioned in the criminal history.","sortOrder":115},{"sectionNumber":"sec.32ZN","sectionType":"section","heading":"Term","content":"### sec.32ZN Term\n\nThe executive officer holds office for the term stated in the executive officer’s instrument of appointment.\nThe stated term must not be more than 5 years.\nThe executive officer may be reappointed.\ns 32ZN ins 2024 No. 32 s 18\n(sec.32ZN-ssec.1) The executive officer holds office for the term stated in the executive officer’s instrument of appointment.\n(sec.32ZN-ssec.2) The stated term must not be more than 5 years.\n(sec.32ZN-ssec.3) The executive officer may be reappointed.","sortOrder":116},{"sectionNumber":"sec.32ZO","sectionType":"section","heading":"Remuneration and conditions","content":"### sec.32ZO Remuneration and conditions\n\nThe executive officer is to be paid the remuneration and other allowances decided by the Governor in Council.\nThe executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\nDespite subsection (1) , if the same person is appointed as CEO and executive officer, the person is to be paid only the remuneration and other allowances payable to the person under section 32U .\ns 32ZO ins 2024 No. 32 s 18\n(sec.32ZO-ssec.1) The executive officer is to be paid the remuneration and other allowances decided by the Governor in Council.\n(sec.32ZO-ssec.2) The executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.32ZO-ssec.3) Despite subsection (1) , if the same person is appointed as CEO and executive officer, the person is to be paid only the remuneration and other allowances payable to the person under section 32U .","sortOrder":117},{"sectionNumber":"sec.32ZP","sectionType":"section","heading":null,"content":"### Section sec.32ZP\n\ns 32ZP ins 2024 No. 32 s 18\nom 2025 No. 14 s 38","sortOrder":118},{"sectionNumber":"sec.32ZQ","sectionType":"section","heading":"Vacancy in office","content":"### sec.32ZQ Vacancy in office\n\nThe office of the executive officer becomes vacant if the executive officer—\ncompletes a term of office and is not reappointed; or\nresigns office by signed notice given to the Minister; or\nbecomes disqualified under section 32ZL (a) , (b) or (c) from continuing as executive officer; or\nis removed from office.\ns 32ZQ ins 2024 No. 32 s 18\namd 2025 No. 14 s 39\n- (a) completes a term of office and is not reappointed; or\n- (b) resigns office by signed notice given to the Minister; or\n- (c) becomes disqualified under section 32ZL (a) , (b) or (c) from continuing as executive officer; or\n- (d) is removed from office.","sortOrder":119},{"sectionNumber":"sec.32ZR","sectionType":"section","heading":"Executive officer not to engage in other paid employment","content":"### sec.32ZR Executive officer not to engage in other paid employment\n\nThe executive officer must not, without the Minister’s prior written approval—\nengage in paid employment outside the responsibilities of—\nthe office of the executive officer; and\nif the executive officer is also appointed as CEO—the office of the CEO; or\nactively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of—\nthe office of the executive officer; and\nif the executive officer is also appointed as CEO—the office of the CEO.\ns 32ZR ins 2024 No. 32 s 18\n- (a) engage in paid employment outside the responsibilities of— (i) the office of the executive officer; and (ii) if the executive officer is also appointed as CEO—the office of the CEO; or\n- (i) the office of the executive officer; and\n- (ii) if the executive officer is also appointed as CEO—the office of the CEO; or\n- (b) actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of— (i) the office of the executive officer; and (ii) if the executive officer is also appointed as CEO—the office of the CEO.\n- (i) the office of the executive officer; and\n- (ii) if the executive officer is also appointed as CEO—the office of the CEO.\n- (i) the office of the executive officer; and\n- (ii) if the executive officer is also appointed as CEO—the office of the CEO; or\n- (i) the office of the executive officer; and\n- (ii) if the executive officer is also appointed as CEO—the office of the CEO.","sortOrder":120},{"sectionNumber":"sec.32ZS","sectionType":"section","heading":"Conflicts of interest","content":"### sec.32ZS Conflicts of interest\n\nIf the executive officer has an interest that conflicts, or may conflict, with the discharge of the executive officer’s responsibilities, the executive officer—\nmust disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the executive officer’s knowledge; and\nmust not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.\ns 32ZS ins 2024 No. 32 s 18\n- (a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the executive officer’s knowledge; and\n- (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister.","sortOrder":121},{"sectionNumber":"sec.32ZT","sectionType":"section","heading":"Functions","content":"### sec.32ZT Functions\n\nThe executive officer has the function of ensuring the effective and efficient administration and operation of the EDQ employing office and the performance of its functions.\nThe executive officer also has the functions given to the executive officer under this Act or another Act.\ns 32ZT ins 2024 No. 32 s 18\n(sec.32ZT-ssec.1) The executive officer has the function of ensuring the effective and efficient administration and operation of the EDQ employing office and the performance of its functions.\n(sec.32ZT-ssec.2) The executive officer also has the functions given to the executive officer under this Act or another Act.","sortOrder":122},{"sectionNumber":"sec.32ZU","sectionType":"section","heading":"Powers","content":"### sec.32ZU Powers\n\nThe executive officer has the power to do anything necessary or convenient to be done for the performance of the executive officer’s functions.\nThe executive officer also has the powers given to the executive officer under this Act or another Act.\ns 32ZU ins 2024 No. 32 s 18\n(sec.32ZU-ssec.1) The executive officer has the power to do anything necessary or convenient to be done for the performance of the executive officer’s functions.\n(sec.32ZU-ssec.2) The executive officer also has the powers given to the executive officer under this Act or another Act.","sortOrder":123},{"sectionNumber":"sec.32ZV","sectionType":"section","heading":"Delegation","content":"### sec.32ZV Delegation\n\nThe executive officer may delegate the executive officer’s functions under this Act to another appropriately qualified employee of the EDQ employing office.\nIn this section—\nfunctions includes powers.\ns 32ZV ins 2024 No. 32 s 18\n(sec.32ZV-ssec.1) The executive officer may delegate the executive officer’s functions under this Act to another appropriately qualified employee of the EDQ employing office.\n(sec.32ZV-ssec.2) In this section— functions includes powers.","sortOrder":124},{"sectionNumber":"sec.32ZW","sectionType":"section","heading":"Acting executive officer—appointment and removal","content":"### sec.32ZW Acting executive officer—appointment and removal\n\nThe Governor in Council may appoint a person to act as executive officer—\nduring a vacancy in the office; or\nduring any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\nThe acting executive officer is appointed under this Act and not the Public Sector Act 2022 .\nThe Governor in Council may, at any time, remove the acting executive officer from office.\ns 32ZW ins 2024 No. 32 s 18\namd 2025 No. 14 s 40\n(sec.32ZW-ssec.1) The Governor in Council may appoint a person to act as executive officer— during a vacancy in the office; or during any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.\n(sec.32ZW-ssec.2) The acting executive officer is appointed under this Act and not the Public Sector Act 2022 .\n(sec.32ZW-ssec.3) The Governor in Council may, at any time, remove the acting executive officer from office.\n- (a) during a vacancy in the office; or\n- (b) during any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office.","sortOrder":125},{"sectionNumber":"ch.2-pt.10","sectionType":"part","heading":"Identity cards","content":"# Identity cards","sortOrder":126},{"sectionNumber":"sec.32ZX","sectionType":"section","heading":"Issue of identity card for particular employees and agents","content":"### sec.32ZX Issue of identity card for particular employees and agents\n\nMEDQ must issue an identity card to each individual whom MEDQ authorises to enter premises under section 123 or 123A .\nThe identity card must—\ncontain a recent photo of the individual; and\ncontain a copy of the individual’s signature; and\nidentify the individual as an individual who is authorised by MEDQ; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\nSee also section 122B in relation to the issuing, production and return of identity cards under the Planning Act , chapter 5 , part 6 as applied under that section.\ns 32ZX ins 2024 No. 32 s 18\n(sec.32ZX-ssec.1) MEDQ must issue an identity card to each individual whom MEDQ authorises to enter premises under section 123 or 123A .\n(sec.32ZX-ssec.2) The identity card must— contain a recent photo of the individual; and contain a copy of the individual’s signature; and identify the individual as an individual who is authorised by MEDQ; and state an expiry date for the card.\n(sec.32ZX-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes. See also section 122B in relation to the issuing, production and return of identity cards under the Planning Act , chapter 5 , part 6 as applied under that section.\n- (a) contain a recent photo of the individual; and\n- (b) contain a copy of the individual’s signature; and\n- (c) identify the individual as an individual who is authorised by MEDQ; and\n- (d) state an expiry date for the card.","sortOrder":127},{"sectionNumber":"sec.32ZY","sectionType":"section","heading":"Production or display of identity card","content":"### sec.32ZY Production or display of identity card\n\nIn exercising a power under this Act in relation to a person in the person’s presence, the individual must—\nproduce the individual’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the individual must produce the identity card for the person’s inspection at the first reasonable opportunity.\ns 32ZY ins 2024 No. 32 s 18\n(sec.32ZY-ssec.1) In exercising a power under this Act in relation to a person in the person’s presence, the individual must— produce the individual’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.32ZY-ssec.2) However, if it is not practicable to comply with subsection (1) , the individual must produce the identity card for the person’s inspection at the first reasonable opportunity.\n- (a) produce the individual’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":128},{"sectionNumber":"sec.32ZZ","sectionType":"section","heading":"Return of identity card","content":"### sec.32ZZ Return of identity card\n\nIf an individual ceases to be authorised as mentioned in section 32ZX , the individual must return the individual’s identity card to MEDQ within 21 days after ceasing to be so authorised unless the individual has a reasonable excuse.\nMaximum penalty—20 penalty units.\ns 32ZZ ins 2024 No. 32 s 18","sortOrder":129},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":130},{"sectionNumber":"sec.33","sectionType":"section","heading":"Development and categories of development","content":"### sec.33 Development and categories of development\n\nThis section defines particular terms for this chapter.\nDevelopment is any of the following—\ncarrying out building work;\ncarrying out plumbing work or drainage work;\ncarrying out operational work;\nreconfiguring a lot;\nmaking a material change of use of premises.\nPDA assessable development is—\ndevelopment that a regulation provides is PDA assessable development; or\ndevelopment that a relevant development instrument for a priority development area provides is PDA assessable development, including PDA-associated development identified in the instrument; or\nPDA-associated development declared for a priority development area under section 40C (1) and identified by MEDQ under that section to be PDA assessable development.\nPDA accepted development is—\ndevelopment that a regulation provides is PDA accepted development; or\ndevelopment that a relevant development instrument for a priority development area provides is PDA accepted development, including PDA-associated development identified in the instrument; or\nPDA-associated development declared for a priority development area by MEDQ under section 40C (1) and identified by MEDQ under that section to be PDA accepted development; or\ndevelopment in a priority development area, or PDA-associated development for a priority development area, other than—\ndevelopment or PDA-associated development mentioned in paragraph (a) , (b) or (c) ; or\nPDA assessable development.\nIf there is an inconsistency between the categorisation of development under a regulation and a relevant development instrument for a priority development area, the regulation prevails to the extent of the inconsistency.\ns 33 amd 2016 No. 17 s 90 ; 2019 No. 11 s 19\n(sec.33-ssec.1) This section defines particular terms for this chapter.\n(sec.33-ssec.2) Development is any of the following— carrying out building work; carrying out plumbing work or drainage work; carrying out operational work; reconfiguring a lot; making a material change of use of premises.\n(sec.33-ssec.3) PDA assessable development is— development that a regulation provides is PDA assessable development; or development that a relevant development instrument for a priority development area provides is PDA assessable development, including PDA-associated development identified in the instrument; or PDA-associated development declared for a priority development area under section 40C (1) and identified by MEDQ under that section to be PDA assessable development.\n(sec.33-ssec.4) PDA accepted development is— development that a regulation provides is PDA accepted development; or development that a relevant development instrument for a priority development area provides is PDA accepted development, including PDA-associated development identified in the instrument; or PDA-associated development declared for a priority development area by MEDQ under section 40C (1) and identified by MEDQ under that section to be PDA accepted development; or development in a priority development area, or PDA-associated development for a priority development area, other than— development or PDA-associated development mentioned in paragraph (a) , (b) or (c) ; or PDA assessable development.\n(sec.33-ssec.5) If there is an inconsistency between the categorisation of development under a regulation and a relevant development instrument for a priority development area, the regulation prevails to the extent of the inconsistency.\n- (a) carrying out building work;\n- (b) carrying out plumbing work or drainage work;\n- (c) carrying out operational work;\n- (d) reconfiguring a lot;\n- (e) making a material change of use of premises.\n- (a) development that a regulation provides is PDA assessable development; or\n- (b) development that a relevant development instrument for a priority development area provides is PDA assessable development, including PDA-associated development identified in the instrument; or\n- (c) PDA-associated development declared for a priority development area under section 40C (1) and identified by MEDQ under that section to be PDA assessable development.\n- (a) development that a regulation provides is PDA accepted development; or\n- (b) development that a relevant development instrument for a priority development area provides is PDA accepted development, including PDA-associated development identified in the instrument; or\n- (c) PDA-associated development declared for a priority development area by MEDQ under section 40C (1) and identified by MEDQ under that section to be PDA accepted development; or\n- (d) development in a priority development area, or PDA-associated development for a priority development area, other than— (i) development or PDA-associated development mentioned in paragraph (a) , (b) or (c) ; or (ii) PDA assessable development.\n- (i) development or PDA-associated development mentioned in paragraph (a) , (b) or (c) ; or\n- (ii) PDA assessable development.\n- (i) development or PDA-associated development mentioned in paragraph (a) , (b) or (c) ; or\n- (ii) PDA assessable development.","sortOrder":131},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"Priority development areas","content":"# Priority development areas","sortOrder":132},{"sectionNumber":"ch.3-pt.2-div.1","sectionType":"division","heading":"Declaration of provisional priority development areas , draft provisional land use plans and provisional land use plans","content":"## Declaration of provisional priority development areas , draft provisional land use plans and provisional land use plans","sortOrder":133},{"sectionNumber":"sec.34","sectionType":"section","heading":"Declaration","content":"### sec.34 Declaration\n\nA regulation (a declaration regulation ) may declare a part of the State to be a provisional priority development area.\nBefore recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must—\nconsult with the Minister administering the Planning Act ; and\nhave regard to—\nthe main purpose of this Act; and\nany proposed development for land in the area; and\nthe impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and\nany State planning instrument applying to land in the area.\ns 34 amd 2014 No. 40 s 5 ; 2016 No. 27 s 168 ; 2019 No. 11 s 22 ; 2024 No. 32 s 19\n(sec.34-ssec.1) A regulation (a declaration regulation ) may declare a part of the State to be a provisional priority development area.\n(sec.34-ssec.2) Before recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must— consult with the Minister administering the Planning Act ; and have regard to— the main purpose of this Act; and any proposed development for land in the area; and the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and any State planning instrument applying to land in the area.\n- (a) consult with the Minister administering the Planning Act ; and\n- (b) have regard to— (i) the main purpose of this Act; and (ii) any proposed development for land in the area; and (iii) the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and (iv) any State planning instrument applying to land in the area.\n- (i) the main purpose of this Act; and\n- (ii) any proposed development for land in the area; and\n- (iii) the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and\n- (iv) any State planning instrument applying to land in the area.\n- (i) the main purpose of this Act; and\n- (ii) any proposed development for land in the area; and\n- (iii) the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and\n- (iv) any State planning instrument applying to land in the area.","sortOrder":134},{"sectionNumber":"sec.35","sectionType":"section","heading":"Draft provisional land use plan required","content":"### sec.35 Draft provisional land use plan required\n\nThis section applies if the Minister proposes to recommend to the Governor in Council the making of a declaration regulation.\nMEDQ must make a draft provisional land use plan regulating development in the area proposed to be declared as a provisional priority development area (the proposed area ).\nThe draft provisional land use plan may provide for any matter mentioned in section 57 (2) , (3) or (5) .\nThe recommendation for the declaration regulation may be made only if MEDQ has made a draft provisional land use plan under subsection (2) for the proposed area.\ns 35 amd 2014 No. 40 s 6 ; 2016 No. 17 s 91\nsub 2019 No. 11 s 23\n(sec.35-ssec.1) This section applies if the Minister proposes to recommend to the Governor in Council the making of a declaration regulation.\n(sec.35-ssec.2) MEDQ must make a draft provisional land use plan regulating development in the area proposed to be declared as a provisional priority development area (the proposed area ).\n(sec.35-ssec.3) The draft provisional land use plan may provide for any matter mentioned in section 57 (2) , (3) or (5) .\n(sec.35-ssec.4) The recommendation for the declaration regulation may be made only if MEDQ has made a draft provisional land use plan under subsection (2) for the proposed area.","sortOrder":135},{"sectionNumber":"sec.36","sectionType":"section","heading":"When draft provisional land use plan has effect","content":"### sec.36 When draft provisional land use plan has effect\n\nThe draft provisional land use plan—\ntakes effect on the commencement of the declaration regulation; and\nhas effect until a provisional land use plan takes effect under section 36F for the provisional priority development area.\ns 36 sub 2019 No. 11 s 23\n- (a) takes effect on the commencement of the declaration regulation; and\n- (b) has effect until a provisional land use plan takes effect under section 36F for the provisional priority development area.","sortOrder":136},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Notice of draft provisional land use plan","content":"### sec.36A Notice of draft provisional land use plan\n\nAs soon as practicable after the draft provisional land use plan takes effect, MEDQ must—\npublish the draft provisional land use plan on MEDQ’s website; and\npublish a gazette notice stating that the draft provisional land use plan has taken effect and is published on MEDQ’s website; and\npublish, at least once in a newspaper circulating in the area of the relevant local government, a notice—\nstating that the draft provisional land use plan has taken effect and is published on MEDQ’s website; and\ninviting persons to make submissions, within a stated period of at least 15 business days (the submission period ), about the draft provisional land use plan.\ns 36A ins 2019 No. 11 s 23\namd 2024 No. 32 s 3 sch 1\n- (a) publish the draft provisional land use plan on MEDQ’s website; and\n- (b) publish a gazette notice stating that the draft provisional land use plan has taken effect and is published on MEDQ’s website; and\n- (c) publish, at least once in a newspaper circulating in the area of the relevant local government, a notice— (i) stating that the draft provisional land use plan has taken effect and is published on MEDQ’s website; and (ii) inviting persons to make submissions, within a stated period of at least 15 business days (the submission period ), about the draft provisional land use plan.\n- (i) stating that the draft provisional land use plan has taken effect and is published on MEDQ’s website; and\n- (ii) inviting persons to make submissions, within a stated period of at least 15 business days (the submission period ), about the draft provisional land use plan.\n- (i) stating that the draft provisional land use plan has taken effect and is published on MEDQ’s website; and\n- (ii) inviting persons to make submissions, within a stated period of at least 15 business days (the submission period ), about the draft provisional land use plan.","sortOrder":137},{"sectionNumber":"sec.36B","sectionType":"section","heading":"Submissions on draft provisional land use plan","content":"### sec.36B Submissions on draft provisional land use plan\n\nAny person may, within the submission period, make a submission about the draft provisional land use plan.\ns 36B ins 2019 No. 11 s 23","sortOrder":138},{"sectionNumber":"sec.36C","sectionType":"section","heading":"Consideration of submissions and consultation","content":"### sec.36C Consideration of submissions and consultation\n\nMEDQ must consider any submissions about the draft provisional land use plan received within the submission period.\nSubsection (1) does not prevent MEDQ considering a submission made to it after the submission period has ended.\nAlso, MEDQ must—\nconsult on the draft provisional land use plan, in the way it considers appropriate, with the relevant local government; and\nmake reasonable endeavours to consult on the draft provisional land use plan, in the way it considers appropriate, with any government entity, GOC or other entity MEDQ considers will be likely to be affected by the draft provisional land use plan.\ns 36C ins 2019 No. 11 s 23\n(sec.36C-ssec.1) MEDQ must consider any submissions about the draft provisional land use plan received within the submission period.\n(sec.36C-ssec.2) Subsection (1) does not prevent MEDQ considering a submission made to it after the submission period has ended.\n(sec.36C-ssec.3) Also, MEDQ must— consult on the draft provisional land use plan, in the way it considers appropriate, with the relevant local government; and make reasonable endeavours to consult on the draft provisional land use plan, in the way it considers appropriate, with any government entity, GOC or other entity MEDQ considers will be likely to be affected by the draft provisional land use plan.\n- (a) consult on the draft provisional land use plan, in the way it considers appropriate, with the relevant local government; and\n- (b) make reasonable endeavours to consult on the draft provisional land use plan, in the way it considers appropriate, with any government entity, GOC or other entity MEDQ considers will be likely to be affected by the draft provisional land use plan.","sortOrder":139},{"sectionNumber":"sec.36D","sectionType":"section","heading":"Amendment of draft provisional land use plan","content":"### sec.36D Amendment of draft provisional land use plan\n\nAfter complying with section 36C , MEDQ may amend the draft provisional land use plan in any way it considers appropriate.\ns 36D ins 2019 No. 11 s 23","sortOrder":140},{"sectionNumber":"sec.36E","sectionType":"section","heading":"Making of provisional land use plan","content":"### sec.36E Making of provisional land use plan\n\nAfter complying with section 36C , but not later than 60 business days after the draft provisional land use plan takes effect, MEDQ must make a provisional land use plan regulating development in the provisional priority development area.\nThe provisional land use plan may provide for any matter mentioned in section 57 (2) , (3) or (5) .\nAlso, within the period mentioned in subsection (1) , MEDQ must—\nprepare a report that—\nsummarises the submissions considered by MEDQ; and\ncontains information about the merits of the submissions and the extent to which the draft provisional land use plan was amended to reflect the submissions; and\ncontains details about any other changes made to the draft provisional land use plan; and\npublish on MEDQ’s website—\nthe provisional land use plan; and\nthe report prepared under paragraph (a) ; and\npublish a gazette notice stating that the provisional land use plan is published on MEDQ’s website.\ns 36E ins 2019 No. 11 s 23\namd 2024 No. 32 s 3 sch 1\n(sec.36E-ssec.1) After complying with section 36C , but not later than 60 business days after the draft provisional land use plan takes effect, MEDQ must make a provisional land use plan regulating development in the provisional priority development area.\n(sec.36E-ssec.2) The provisional land use plan may provide for any matter mentioned in section 57 (2) , (3) or (5) .\n(sec.36E-ssec.3) Also, within the period mentioned in subsection (1) , MEDQ must— prepare a report that— summarises the submissions considered by MEDQ; and contains information about the merits of the submissions and the extent to which the draft provisional land use plan was amended to reflect the submissions; and contains details about any other changes made to the draft provisional land use plan; and publish on MEDQ’s website— the provisional land use plan; and the report prepared under paragraph (a) ; and publish a gazette notice stating that the provisional land use plan is published on MEDQ’s website.\n- (a) prepare a report that— (i) summarises the submissions considered by MEDQ; and (ii) contains information about the merits of the submissions and the extent to which the draft provisional land use plan was amended to reflect the submissions; and (iii) contains details about any other changes made to the draft provisional land use plan; and\n- (i) summarises the submissions considered by MEDQ; and\n- (ii) contains information about the merits of the submissions and the extent to which the draft provisional land use plan was amended to reflect the submissions; and\n- (iii) contains details about any other changes made to the draft provisional land use plan; and\n- (b) publish on MEDQ’s website— (i) the provisional land use plan; and (ii) the report prepared under paragraph (a) ; and\n- (i) the provisional land use plan; and\n- (ii) the report prepared under paragraph (a) ; and\n- (c) publish a gazette notice stating that the provisional land use plan is published on MEDQ’s website.\n- (i) summarises the submissions considered by MEDQ; and\n- (ii) contains information about the merits of the submissions and the extent to which the draft provisional land use plan was amended to reflect the submissions; and\n- (iii) contains details about any other changes made to the draft provisional land use plan; and\n- (i) the provisional land use plan; and\n- (ii) the report prepared under paragraph (a) ; and","sortOrder":141},{"sectionNumber":"sec.36F","sectionType":"section","heading":"When provisional land use plan takes effect","content":"### sec.36F When provisional land use plan takes effect\n\nThe provisional land use plan takes effect at the beginning of the day the gazette notice under section 36E (3) (c) is published.\ns 36F ins 2019 No. 11 s 23","sortOrder":142},{"sectionNumber":"sec.36G","sectionType":"section","heading":"MEDQ must give notice of provisional land use plan","content":"### sec.36G MEDQ must give notice of provisional land use plan\n\nAs soon as practicable after the provisional land use plan takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the provisional land use plan—\nhas taken effect; and\nis published on MEDQ’s website.\ns 36G ins 2019 No. 11 s 23\namd 2024 No. 32 s 3 sch 1\n- (a) has taken effect; and\n- (b) is published on MEDQ’s website.","sortOrder":143},{"sectionNumber":"sec.36H","sectionType":"section","heading":"Minor administrative amendments","content":"### sec.36H Minor administrative amendments\n\nMEDQ may make a minor administrative amendment of a provisional land use plan.\nIf MEDQ makes a minor administrative amendment of a provisional land use plan, MEDQ must—\npublish on MEDQ’s website—\nthe minor administrative amendment; and\nthe provisional land use plan as amended by the minor administrative amendment (the amended provisional land use plan ); and\npublish a gazette notice stating that the minor administrative amendment and the amended provisional land use plan are published on MEDQ’s website.\nThe minor administrative amendment takes effect at the beginning of the day the gazette notice under subsection (2) (b) is published.\nAs soon as practicable after the minor administrative amendment takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—\nthe minor administrative amendment has taken effect; and\nthe minor administrative amendment and the amended provisional land use plan are published on MEDQ’s website.\ns 36H ins 2019 No. 11 s 24\namd 2024 No. 32 s 3 sch 1\n(sec.36H-ssec.1) MEDQ may make a minor administrative amendment of a provisional land use plan.\n(sec.36H-ssec.2) If MEDQ makes a minor administrative amendment of a provisional land use plan, MEDQ must— publish on MEDQ’s website— the minor administrative amendment; and the provisional land use plan as amended by the minor administrative amendment (the amended provisional land use plan ); and publish a gazette notice stating that the minor administrative amendment and the amended provisional land use plan are published on MEDQ’s website.\n(sec.36H-ssec.3) The minor administrative amendment takes effect at the beginning of the day the gazette notice under subsection (2) (b) is published.\n(sec.36H-ssec.4) As soon as practicable after the minor administrative amendment takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that— the minor administrative amendment has taken effect; and the minor administrative amendment and the amended provisional land use plan are published on MEDQ’s website.\n- (a) publish on MEDQ’s website— (i) the minor administrative amendment; and (ii) the provisional land use plan as amended by the minor administrative amendment (the amended provisional land use plan ); and\n- (i) the minor administrative amendment; and\n- (ii) the provisional land use plan as amended by the minor administrative amendment (the amended provisional land use plan ); and\n- (b) publish a gazette notice stating that the minor administrative amendment and the amended provisional land use plan are published on MEDQ’s website.\n- (i) the minor administrative amendment; and\n- (ii) the provisional land use plan as amended by the minor administrative amendment (the amended provisional land use plan ); and\n- (a) the minor administrative amendment has taken effect; and\n- (b) the minor administrative amendment and the amended provisional land use plan are published on MEDQ’s website.","sortOrder":144},{"sectionNumber":"sec.36I","sectionType":"section","heading":"Other amendments","content":"### sec.36I Other amendments\n\nThis section applies if MEDQ proposes to make an amendment, other than a minor administrative amendment, of a provisional land use plan.\nMEDQ must—\npublish the proposed amendment on MEDQ’s website; and\npublish, at least once in a newspaper circulating in the area of the relevant local government, a notice—\nstating that the proposed amendment is published on MEDQ’s website; and\ninviting persons to make submissions, within a stated period of at least 15 business days (the submission period ), about the proposed amendment.\nSections 36B to 36F apply in relation to the proposed amendment of the provisional land use plan as if—\na reference in the sections to the draft provisional land use plan were a reference to the proposed amendment of the provisional land use plan; and\na reference in the sections to the submission period were a reference to the submission period under subsection (2) (b) (ii) ; and\nthe reference in section 36E (1) to the draft provisional land use plan taking effect were a reference to the notice under subsection (2) (b) being published; and\na reference in section 36E (1) or (2) or 36F to the provisional land use plan were a reference to the amendment of the provisional land use plan; and\na reference in section 36E (3) (b) (i) or (c) to the provisional land use plan were a reference to the amendment of the provisional land use plan and the provisional land use plan as amended by the amendment (the amended provisional land use plan ).\nAs soon as practicable after the amendment of the provisional land use plan takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—\nthe amendment has taken effect; and\nthe amendment and the amended provisional land use plan are published on MEDQ’s website.\nSee also part 3A which provides for the making of a temporary planning instrument that suspends or otherwise affects the operation of a provisional land use plan but does not amend it.\ns 36I ins 2019 No. 11 s 24\namd 2024 No. 32 ss 20 , 3 sch 1\n(sec.36I-ssec.1) This section applies if MEDQ proposes to make an amendment, other than a minor administrative amendment, of a provisional land use plan.\n(sec.36I-ssec.2) MEDQ must— publish the proposed amendment on MEDQ’s website; and publish, at least once in a newspaper circulating in the area of the relevant local government, a notice— stating that the proposed amendment is published on MEDQ’s website; and inviting persons to make submissions, within a stated period of at least 15 business days (the submission period ), about the proposed amendment.\n(sec.36I-ssec.3) Sections 36B to 36F apply in relation to the proposed amendment of the provisional land use plan as if— a reference in the sections to the draft provisional land use plan were a reference to the proposed amendment of the provisional land use plan; and a reference in the sections to the submission period were a reference to the submission period under subsection (2) (b) (ii) ; and the reference in section 36E (1) to the draft provisional land use plan taking effect were a reference to the notice under subsection (2) (b) being published; and a reference in section 36E (1) or (2) or 36F to the provisional land use plan were a reference to the amendment of the provisional land use plan; and a reference in section 36E (3) (b) (i) or (c) to the provisional land use plan were a reference to the amendment of the provisional land use plan and the provisional land use plan as amended by the amendment (the amended provisional land use plan ).\n(sec.36I-ssec.4) As soon as practicable after the amendment of the provisional land use plan takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that— the amendment has taken effect; and the amendment and the amended provisional land use plan are published on MEDQ’s website. See also part 3A which provides for the making of a temporary planning instrument that suspends or otherwise affects the operation of a provisional land use plan but does not amend it.\n- (a) publish the proposed amendment on MEDQ’s website; and\n- (b) publish, at least once in a newspaper circulating in the area of the relevant local government, a notice— (i) stating that the proposed amendment is published on MEDQ’s website; and (ii) inviting persons to make submissions, within a stated period of at least 15 business days (the submission period ), about the proposed amendment.\n- (i) stating that the proposed amendment is published on MEDQ’s website; and\n- (ii) inviting persons to make submissions, within a stated period of at least 15 business days (the submission period ), about the proposed amendment.\n- (i) stating that the proposed amendment is published on MEDQ’s website; and\n- (ii) inviting persons to make submissions, within a stated period of at least 15 business days (the submission period ), about the proposed amendment.\n- (a) a reference in the sections to the draft provisional land use plan were a reference to the proposed amendment of the provisional land use plan; and\n- (b) a reference in the sections to the submission period were a reference to the submission period under subsection (2) (b) (ii) ; and\n- (c) the reference in section 36E (1) to the draft provisional land use plan taking effect were a reference to the notice under subsection (2) (b) being published; and\n- (d) a reference in section 36E (1) or (2) or 36F to the provisional land use plan were a reference to the amendment of the provisional land use plan; and\n- (e) a reference in section 36E (3) (b) (i) or (c) to the provisional land use plan were a reference to the amendment of the provisional land use plan and the provisional land use plan as amended by the amendment (the amended provisional land use plan ).\n- (a) the amendment has taken effect; and\n- (b) the amendment and the amended provisional land use plan are published on MEDQ’s website.","sortOrder":145},{"sectionNumber":"ch.3-pt.2-div.2","sectionType":"division","heading":"Declaration of other priority development areas and interim land use plans","content":"## Declaration of other priority development areas and interim land use plans","sortOrder":146},{"sectionNumber":"sec.37","sectionType":"section","heading":"Declaration","content":"### sec.37 Declaration\n\nA regulation (a declaration regulation ) may declare a part of the State to be a priority development area.\nBefore recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must—\nconsult with the Minister administering the Planning Act ; and\nhave regard to—\nthe main purpose of this Act; and\nany proposed development for land in the area; and\nthe impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and\nany State planning instrument applying to land in the area.\nThe declaration regulation may state an expiry date, recommended by MEDQ, for—\nthe interim land use plan made under section 38 (2) for the priority development area; or\nif more than 1 interim land use plan has been made under section 38 (3) for the priority development area—1 or more of the plans.\nThe expiry date must be a date that is more than 12 months, but not more than 24 months, after the declaration regulation commences.\nHowever, MEDQ may recommend an expiry date for subsection (3) only if it considers the expiry date appropriate for the proper and orderly planning, development and management of the priority development area.\nSee generally section 40AB in relation to the expiry of an interim land use plan.\nTo remove any doubt, it is declared that the declaration regulation may state different expiry dates for the interim land use plans mentioned in subsection (3) (b) .\ns 37 amd 2016 No. 27 s 169; 2019 No. 11 s 25; 2024 No. 32 s 21\n(sec.37-ssec.1) A regulation (a declaration regulation ) may declare a part of the State to be a priority development area.\n(sec.37-ssec.2) Before recommending to the Governor in Council the making of a regulation under subsection (1) , the Minister must— consult with the Minister administering the Planning Act ; and have regard to— the main purpose of this Act; and any proposed development for land in the area; and the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and any State planning instrument applying to land in the area.\n(sec.37-ssec.3) The declaration regulation may state an expiry date, recommended by MEDQ, for— the interim land use plan made under section 38 (2) for the priority development area; or if more than 1 interim land use plan has been made under section 38 (3) for the priority development area—1 or more of the plans.\n(sec.37-ssec.4) The expiry date must be a date that is more than 12 months, but not more than 24 months, after the declaration regulation commences.\n(sec.37-ssec.5) However, MEDQ may recommend an expiry date for subsection (3) only if it considers the expiry date appropriate for the proper and orderly planning, development and management of the priority development area. See generally section 40AB in relation to the expiry of an interim land use plan.\n(sec.37-ssec.6) To remove any doubt, it is declared that the declaration regulation may state different expiry dates for the interim land use plans mentioned in subsection (3) (b) . s 37 amd 2016 No. 27 s 169; 2019 No. 11 s 25; 2024 No. 32 s 21\n- (a) consult with the Minister administering the Planning Act ; and\n- (b) have regard to— (i) the main purpose of this Act; and (ii) any proposed development for land in the area; and (iii) the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and (iv) any State planning instrument applying to land in the area.\n- (i) the main purpose of this Act; and\n- (ii) any proposed development for land in the area; and\n- (iii) the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and\n- (iv) any State planning instrument applying to land in the area.\n- (i) the main purpose of this Act; and\n- (ii) any proposed development for land in the area; and\n- (iii) the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and\n- (iv) any State planning instrument applying to land in the area.\n- (a) the interim land use plan made under section 38 (2) for the priority development area; or\n- (b) if more than 1 interim land use plan has been made under section 38 (3) for the priority development area—1 or more of the plans.","sortOrder":147},{"sectionNumber":"sec.38","sectionType":"section","heading":"Interim land use plan required","content":"### sec.38 Interim land use plan required\n\nThis section applies if the Minister proposes to recommend to the Governor in Council the making of a declaration regulation.\nMEDQ must make an interim land use plan regulating development in the entire area proposed to be declared under the declaration regulation as a priority development area (the proposed area ).\nHowever, MEDQ may make more than 1 interim land use plan regulating development in the proposed area if—\neach plan regulates development in a separate part of the proposed area, but the plans together regulate development in the entire proposed area; and\nMEDQ considers the plans will, in an integrated way, promote the proper and orderly planning, development and management of the proposed area.\nAn interim land use plan made under subsection (2) or (3) may provide for any matter mentioned in section 57 (2) , (3) or (5) .\nThe recommendation for the declaration regulation may be made only if MEDQ has made 1 or more interim land use plans under subsection (2) or (3) regulating development in the entire proposed area.\ns 38 amd 2016 No. 17 s 92\nsub 2019 No. 11 s 26\n(sec.38-ssec.1) This section applies if the Minister proposes to recommend to the Governor in Council the making of a declaration regulation.\n(sec.38-ssec.2) MEDQ must make an interim land use plan regulating development in the entire area proposed to be declared under the declaration regulation as a priority development area (the proposed area ).\n(sec.38-ssec.3) However, MEDQ may make more than 1 interim land use plan regulating development in the proposed area if— each plan regulates development in a separate part of the proposed area, but the plans together regulate development in the entire proposed area; and MEDQ considers the plans will, in an integrated way, promote the proper and orderly planning, development and management of the proposed area.\n(sec.38-ssec.4) An interim land use plan made under subsection (2) or (3) may provide for any matter mentioned in section 57 (2) , (3) or (5) .\n(sec.38-ssec.5) The recommendation for the declaration regulation may be made only if MEDQ has made 1 or more interim land use plans under subsection (2) or (3) regulating development in the entire proposed area.\n- (a) each plan regulates development in a separate part of the proposed area, but the plans together regulate development in the entire proposed area; and\n- (b) MEDQ considers the plans will, in an integrated way, promote the proper and orderly planning, development and management of the proposed area.","sortOrder":148},{"sectionNumber":"sec.39","sectionType":"section","heading":"When interim land use plan takes effect","content":"### sec.39 When interim land use plan takes effect\n\nAn interim land use plan made under section 38 (2) or (3) takes effect on the commencement of the declaration regulation.\ns 39 sub 2019 No. 11 s 26","sortOrder":149},{"sectionNumber":"sec.40","sectionType":"section","heading":"Notice of interim land use plan","content":"### sec.40 Notice of interim land use plan\n\nAs soon as practicable after an interim land use plan takes effect, MEDQ must—\npublish the plan on MEDQ’s website; and\npublish a gazette notice stating that the plan has taken effect and is published on MEDQ’s website; and\npublish, at least once in a newspaper circulating in the area of the relevant local government, a notice to the same effect as the gazette notice.\ns 40 sub 2019 No. 11 s 26\namd 2024 No. 32 s 3 sch 1\n- (a) publish the plan on MEDQ’s website; and\n- (b) publish a gazette notice stating that the plan has taken effect and is published on MEDQ’s website; and\n- (c) publish, at least once in a newspaper circulating in the area of the relevant local government, a notice to the same effect as the gazette notice.","sortOrder":150},{"sectionNumber":"sec.40AA","sectionType":"section","heading":"Period for which interim land use plan has effect","content":"### sec.40AA Period for which interim land use plan has effect\n\nAn interim land use plan for a priority development area has effect until the earliest of the following—\nif the plan regulates development in the entire priority development area—\na development scheme takes effect under section 64 for the entire area; or\na new interim land use plan is made under section 40AC for the entire area;\nif the plan regulates development in part of the priority development area—\na development scheme takes effect under section 64 for that part of the area, whether or not the scheme also takes effect for any other parts of the area; or\na new interim land use plan is made under section 40AC for that part of the area;\nthe plan expires under section 40AB .\ns 40AA ins 2019 No. 11 s 26\n- (a) if the plan regulates development in the entire priority development area— (i) a development scheme takes effect under section 64 for the entire area; or (ii) a new interim land use plan is made under section 40AC for the entire area;\n- (i) a development scheme takes effect under section 64 for the entire area; or\n- (ii) a new interim land use plan is made under section 40AC for the entire area;\n- (b) if the plan regulates development in part of the priority development area— (i) a development scheme takes effect under section 64 for that part of the area, whether or not the scheme also takes effect for any other parts of the area; or (ii) a new interim land use plan is made under section 40AC for that part of the area;\n- (i) a development scheme takes effect under section 64 for that part of the area, whether or not the scheme also takes effect for any other parts of the area; or\n- (ii) a new interim land use plan is made under section 40AC for that part of the area;\n- (c) the plan expires under section 40AB .\n- (i) a development scheme takes effect under section 64 for the entire area; or\n- (ii) a new interim land use plan is made under section 40AC for the entire area;\n- (i) a development scheme takes effect under section 64 for that part of the area, whether or not the scheme also takes effect for any other parts of the area; or\n- (ii) a new interim land use plan is made under section 40AC for that part of the area;","sortOrder":151},{"sectionNumber":"sec.40AB","sectionType":"section","heading":"Expiry of interim land use plan","content":"### sec.40AB Expiry of interim land use plan\n\nAn interim land use plan for a priority development area expires—\nif the declaration regulation for the area states an expiry date for the plan under section 37 (3) —on the stated expiry date; or\notherwise—\non the day that is 1 year after the day the plan takes effect; or\nif a later day is fixed under section 40ABA —on that day.\nHowever, if a caretaker period begins at any time before an interim land use plan would otherwise expire under subsection (1) , the period before the plan expires is extended by a further period equal to the length of the caretaker period plus 20 business days.\nFor working out the length of a caretaker period for subsection (2) , the day the caretaker period ends is taken to be a whole day.\ns 40AB ins 2019 No. 11 s 26\namd 2024 No. 32 s 22\n(sec.40AB-ssec.1) An interim land use plan for a priority development area expires— if the declaration regulation for the area states an expiry date for the plan under section 37 (3) —on the stated expiry date; or otherwise— on the day that is 1 year after the day the plan takes effect; or if a later day is fixed under section 40ABA —on that day.\n(sec.40AB-ssec.2) However, if a caretaker period begins at any time before an interim land use plan would otherwise expire under subsection (1) , the period before the plan expires is extended by a further period equal to the length of the caretaker period plus 20 business days.\n(sec.40AB-ssec.3) For working out the length of a caretaker period for subsection (2) , the day the caretaker period ends is taken to be a whole day.\n- (a) if the declaration regulation for the area states an expiry date for the plan under section 37 (3) —on the stated expiry date; or\n- (b) otherwise— (i) on the day that is 1 year after the day the plan takes effect; or (ii) if a later day is fixed under section 40ABA —on that day.\n- (i) on the day that is 1 year after the day the plan takes effect; or\n- (ii) if a later day is fixed under section 40ABA —on that day.\n- (i) on the day that is 1 year after the day the plan takes effect; or\n- (ii) if a later day is fixed under section 40ABA —on that day.","sortOrder":152},{"sectionNumber":"sec.40ABA","sectionType":"section","heading":"Extension of expiry day for interim land use plan","content":"### sec.40ABA Extension of expiry day for interim land use plan\n\nThis section applies in relation to an interim land use plan for a priority development area if—\nthe declaration regulation for the area does not state an expiry date for the plan; and\na development scheme has not taken effect under section 64 for the area in which the plan regulates development.\nOn a day not later than 1 year after the day the plan takes effect, MEDQ may, by gazette notice, fix a later day on which the plan expires.\nThe day fixed under subsection (2) may not be later than 2 years after the day the plan takes effect.\ns 40ABA ins 2024 No. 32 s 23\n(sec.40ABA-ssec.1) This section applies in relation to an interim land use plan for a priority development area if— the declaration regulation for the area does not state an expiry date for the plan; and a development scheme has not taken effect under section 64 for the area in which the plan regulates development.\n(sec.40ABA-ssec.2) On a day not later than 1 year after the day the plan takes effect, MEDQ may, by gazette notice, fix a later day on which the plan expires.\n(sec.40ABA-ssec.3) The day fixed under subsection (2) may not be later than 2 years after the day the plan takes effect.\n- (a) the declaration regulation for the area does not state an expiry date for the plan; and\n- (b) a development scheme has not taken effect under section 64 for the area in which the plan regulates development.","sortOrder":153},{"sectionNumber":"sec.40ABB","sectionType":"section","heading":"Minor administrative amendments of interim land use plan","content":"### sec.40ABB Minor administrative amendments of interim land use plan\n\nMEDQ may make a minor administrative amendment of an interim land use plan.\nIf MEDQ makes a minor administrative amendment of an interim land use plan, MEDQ must—\npublish on MEDQ’s website—\nthe minor administrative amendment; and\nthe interim land use plan as amended by the minor administrative amendment (the amended interim land use plan ); and\npublish a gazette notice stating that the minor administrative amendment and the amended interim land use plan are published on MEDQ’s website.\nThe minor administrative amendment takes effect at the beginning of the day the gazette notice under subsection (2) (b) is published.\nAs soon as practicable after the minor administrative amendment takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—\nthe minor administrative amendment has taken effect; and\nthe minor administrative amendment and the amended interim land use plan are published on MEDQ’s website.\nSee also part 3A which provides for the making of a temporary planning instrument that suspends or otherwise affects the operation of an interim land use plan but does not amend it.\ns 40ABB ins 2024 No. 32 s 23\n(sec.40ABB-ssec.1) MEDQ may make a minor administrative amendment of an interim land use plan.\n(sec.40ABB-ssec.2) If MEDQ makes a minor administrative amendment of an interim land use plan, MEDQ must— publish on MEDQ’s website— the minor administrative amendment; and the interim land use plan as amended by the minor administrative amendment (the amended interim land use plan ); and publish a gazette notice stating that the minor administrative amendment and the amended interim land use plan are published on MEDQ’s website.\n(sec.40ABB-ssec.3) The minor administrative amendment takes effect at the beginning of the day the gazette notice under subsection (2) (b) is published.\n(sec.40ABB-ssec.4) As soon as practicable after the minor administrative amendment takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that— the minor administrative amendment has taken effect; and the minor administrative amendment and the amended interim land use plan are published on MEDQ’s website. See also part 3A which provides for the making of a temporary planning instrument that suspends or otherwise affects the operation of an interim land use plan but does not amend it. s 40ABB ins 2024 No. 32 s 23\n- (a) publish on MEDQ’s website— (i) the minor administrative amendment; and (ii) the interim land use plan as amended by the minor administrative amendment (the amended interim land use plan ); and\n- (i) the minor administrative amendment; and\n- (ii) the interim land use plan as amended by the minor administrative amendment (the amended interim land use plan ); and\n- (b) publish a gazette notice stating that the minor administrative amendment and the amended interim land use plan are published on MEDQ’s website.\n- (i) the minor administrative amendment; and\n- (ii) the interim land use plan as amended by the minor administrative amendment (the amended interim land use plan ); and\n- (a) the minor administrative amendment has taken effect; and\n- (b) the minor administrative amendment and the amended interim land use plan are published on MEDQ’s website.","sortOrder":154},{"sectionNumber":"sec.40AC","sectionType":"section","heading":"Making new interim land use plan","content":"### sec.40AC Making new interim land use plan\n\nMEDQ may, before an interim land use plan for a priority development area (the current plan ) expires, make a new interim land use plan for the priority development area (the new plan ).\nThe new plan—\nmay provide for any matter mentioned in section 57 (2) , (3) or (5) ; and\nmust regulate development in—\nif the current plan regulates development in the entire priority development area—the entire priority development area; or\notherwise—the part of the priority development area in which development is regulated by the current plan.\nIf the new plan is to take effect before the current plan expires, MEDQ must—\npublish the new plan on MEDQ’s website; and\npublish a gazette notice stating that the new plan is published on MEDQ’s website.\nThe new plan mentioned in the gazette notice published under subsection (3) (b) takes effect at the beginning of the day the gazette notice is published.\nIf the new plan is to take effect on the expiry of the current plan, MEDQ must—\nbefore the current plan expires, publish a gazette notice stating that a new plan has been made and will take effect on the expiry of the current plan; and\nas soon as practicable after the current plan expires, publish the new plan on MEDQ’s website.\nThe new plan mentioned in the gazette notice published under subsection (5) (a) takes effect on the day after the day the current plan expires.\nAs soon as practicable after a new plan takes effect under subsection (4) or (6) , MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the new plan—\nhas taken effect; and\nis published on MEDQ’s website.\nThe following provisions apply to the new plan—\nsection 40AA ;\nsection 40AB other than section 40AB (1) (a) ;\nsection 40ABB .\ns 40AC ins 2019 No. 11 s 26\namd 2024 No. 32 ss 24 , 3 sch 1\n(sec.40AC-ssec.1) MEDQ may, before an interim land use plan for a priority development area (the current plan ) expires, make a new interim land use plan for the priority development area (the new plan ).\n(sec.40AC-ssec.2) The new plan— may provide for any matter mentioned in section 57 (2) , (3) or (5) ; and must regulate development in— if the current plan regulates development in the entire priority development area—the entire priority development area; or otherwise—the part of the priority development area in which development is regulated by the current plan.\n(sec.40AC-ssec.3) If the new plan is to take effect before the current plan expires, MEDQ must— publish the new plan on MEDQ’s website; and publish a gazette notice stating that the new plan is published on MEDQ’s website.\n(sec.40AC-ssec.4) The new plan mentioned in the gazette notice published under subsection (3) (b) takes effect at the beginning of the day the gazette notice is published.\n(sec.40AC-ssec.5) If the new plan is to take effect on the expiry of the current plan, MEDQ must— before the current plan expires, publish a gazette notice stating that a new plan has been made and will take effect on the expiry of the current plan; and as soon as practicable after the current plan expires, publish the new plan on MEDQ’s website.\n(sec.40AC-ssec.6) The new plan mentioned in the gazette notice published under subsection (5) (a) takes effect on the day after the day the current plan expires.\n(sec.40AC-ssec.7) As soon as practicable after a new plan takes effect under subsection (4) or (6) , MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the new plan— has taken effect; and is published on MEDQ’s website.\n(sec.40AC-ssec.8) The following provisions apply to the new plan— section 40AA ; section 40AB other than section 40AB (1) (a) ; section 40ABB .\n- (a) may provide for any matter mentioned in section 57 (2) , (3) or (5) ; and\n- (b) must regulate development in— (i) if the current plan regulates development in the entire priority development area—the entire priority development area; or (ii) otherwise—the part of the priority development area in which development is regulated by the current plan.\n- (i) if the current plan regulates development in the entire priority development area—the entire priority development area; or\n- (ii) otherwise—the part of the priority development area in which development is regulated by the current plan.\n- (i) if the current plan regulates development in the entire priority development area—the entire priority development area; or\n- (ii) otherwise—the part of the priority development area in which development is regulated by the current plan.\n- (a) publish the new plan on MEDQ’s website; and\n- (b) publish a gazette notice stating that the new plan is published on MEDQ’s website.\n- (a) before the current plan expires, publish a gazette notice stating that a new plan has been made and will take effect on the expiry of the current plan; and\n- (b) as soon as practicable after the current plan expires, publish the new plan on MEDQ’s website.\n- (a) has taken effect; and\n- (b) is published on MEDQ’s website.\n- (a) section 40AA ;\n- (b) section 40AB other than section 40AB (1) (a) ;\n- (c) section 40ABB .","sortOrder":155},{"sectionNumber":"ch.3-pt.2-div.2A","sectionType":"division","heading":"Declaration of PDA-associated development by MEDQ","content":"## Declaration of PDA-associated development by MEDQ","sortOrder":156},{"sectionNumber":"sec.40A","sectionType":"section","heading":"Application of division","content":"### sec.40A Application of division\n\nThis division applies to development—\nto be carried out other than entirely within a priority development area; and\nA bridge is proposed to be constructed, extending from a landing point within the priority development area to a landing point outside the area. This division applies to development to be carried out for the part of the bridge that extends from the boundary of the priority development area to the landing point outside the area.\nthat is not identified as PDA-associated development in the relevant development instrument for the area.\nA relevant development instrument may identify and regulate development as PDA-associated development—see, for example, section 57 (3) and (5) .\ns 40A ins 2016 No. 17 s 93\namd 2019 No. 11 s 231 s ch 1 pt 1\n- (a) to be carried out other than entirely within a priority development area; and Example of development for paragraph (a) — A bridge is proposed to be constructed, extending from a landing point within the priority development area to a landing point outside the area. This division applies to development to be carried out for the part of the bridge that extends from the boundary of the priority development area to the landing point outside the area.\n- (b) that is not identified as PDA-associated development in the relevant development instrument for the area.","sortOrder":157},{"sectionNumber":"sec.40B","sectionType":"section","heading":"Consultation required before declaring PDA-associated development","content":"### sec.40B Consultation required before declaring PDA-associated development\n\nBefore making a declaration under section 40C (1) , MEDQ must—\nconsult, in the way it considers appropriate, with each local government in whose area the development is proposed to be located; and\nmake reasonable endeavours to consult, in the way MEDQ considers appropriate, with any government entity, GOC or other entity it considers will be likely to be affected by the declaration.\ns 40B ins 2016 No. 17 s 93\n- (a) consult, in the way it considers appropriate, with each local government in whose area the development is proposed to be located; and\n- (b) make reasonable endeavours to consult, in the way MEDQ considers appropriate, with any government entity, GOC or other entity it considers will be likely to be affected by the declaration.","sortOrder":158},{"sectionNumber":"sec.40C","sectionType":"section","heading":"Declaration of PDA-associated development","content":"### sec.40C Declaration of PDA-associated development\n\nMEDQ may, by instrument (a declaration ), declare development to which this division applies (the proposed development ) to be PDA-associated development for a priority development area.\nA declaration may be made only if MEDQ is satisfied—\nthe Planning Act may have an adverse effect on the delivery of the proposed development if the declaration were not made; and\n1 of the following applies—\nthe proposed development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose;\nthe proposed development—\npromotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and\ngives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and\ncannot reasonably be located or accommodated entirely within the priority development area;\nthe proposed development satisfies another requirement prescribed by regulation.\nA declaration must not compromise the implementation of the relevant development instrument for the priority development area.\nIn making a declaration, MEDQ must decide whether the PDA-associated development is—\nPDA assessable development; or\nPDA accepted development.\nIf the PDA-associated development is PDA assessable development, see section 84 for the requirements about public notification of a PDA development application.\nIn this section—\ndevelopment infrastructure see the Planning Act , schedule 2 .\ns 40C ins 2016 No. 17 s 93\namd 2016 No. 27 s 169A ; 2019 No. 11 s 27 ; 2024 No. 32 s 25\n(sec.40C-ssec.1) MEDQ may, by instrument (a declaration ), declare development to which this division applies (the proposed development ) to be PDA-associated development for a priority development area.\n(sec.40C-ssec.2) A declaration may be made only if MEDQ is satisfied— the Planning Act may have an adverse effect on the delivery of the proposed development if the declaration were not made; and 1 of the following applies— the proposed development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose; the proposed development— promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and cannot reasonably be located or accommodated entirely within the priority development area; the proposed development satisfies another requirement prescribed by regulation.\n(sec.40C-ssec.3) A declaration must not compromise the implementation of the relevant development instrument for the priority development area.\n(sec.40C-ssec.4) In making a declaration, MEDQ must decide whether the PDA-associated development is— PDA assessable development; or PDA accepted development. If the PDA-associated development is PDA assessable development, see section 84 for the requirements about public notification of a PDA development application.\n(sec.40C-ssec.5) In this section— development infrastructure see the Planning Act , schedule 2 .\n- (a) the Planning Act may have an adverse effect on the delivery of the proposed development if the declaration were not made; and\n- (b) 1 of the following applies— (i) the proposed development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose; (ii) the proposed development— (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and (C) cannot reasonably be located or accommodated entirely within the priority development area; (iii) the proposed development satisfies another requirement prescribed by regulation.\n- (i) the proposed development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose;\n- (ii) the proposed development— (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and (C) cannot reasonably be located or accommodated entirely within the priority development area;\n- (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and\n- (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and\n- (C) cannot reasonably be located or accommodated entirely within the priority development area;\n- (iii) the proposed development satisfies another requirement prescribed by regulation.\n- (i) the proposed development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose;\n- (ii) the proposed development— (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and (C) cannot reasonably be located or accommodated entirely within the priority development area;\n- (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and\n- (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and\n- (C) cannot reasonably be located or accommodated entirely within the priority development area;\n- (iii) the proposed development satisfies another requirement prescribed by regulation.\n- (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and\n- (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and\n- (C) cannot reasonably be located or accommodated entirely within the priority development area;\n- (a) PDA assessable development; or\n- (b) PDA accepted development.","sortOrder":159},{"sectionNumber":"sec.40D","sectionType":"section","heading":"Content of declaration","content":"### sec.40D Content of declaration\n\nA declaration under section 40C (1) must include the following information—\nthe priority development area the development is for;\na description of the land on which the development is proposed to be located;\na description of the development, including plans and supporting documentation;\nany other information prescribed by regulation.\ns 40D ins 2016 No. 17 s 93\n- (a) the priority development area the development is for;\n- (b) a description of the land on which the development is proposed to be located;\n- (c) a description of the development, including plans and supporting documentation;\n- (d) any other information prescribed by regulation.","sortOrder":160},{"sectionNumber":"sec.40E","sectionType":"section","heading":"Notice of declaration","content":"### sec.40E Notice of declaration\n\nAs soon as practicable after declaring development to be PDA-associated development under section 40C (1) , MEDQ must—\npublish the declaration on MEDQ’s website; and\ngive a copy of the declaration to—\neach local government in whose area the development is to be located; and\nthe owner of the land on which the development is proposed to be located; and\neach government entity or GOC consulted under section 40B before the making of the declaration.\ns 40E ins 2016 No. 17 s 93\namd 2024 No. 32 s 3 sch 1\n- (a) publish the declaration on MEDQ’s website; and\n- (b) give a copy of the declaration to— (i) each local government in whose area the development is to be located; and (ii) the owner of the land on which the development is proposed to be located; and (iii) each government entity or GOC consulted under section 40B before the making of the declaration.\n- (i) each local government in whose area the development is to be located; and\n- (ii) the owner of the land on which the development is proposed to be located; and\n- (iii) each government entity or GOC consulted under section 40B before the making of the declaration.\n- (i) each local government in whose area the development is to be located; and\n- (ii) the owner of the land on which the development is proposed to be located; and\n- (iii) each government entity or GOC consulted under section 40B before the making of the declaration.","sortOrder":161},{"sectionNumber":"ch.3-pt.2-div.2B","sectionType":"division","heading":"Minor boundary changes of priority development areas","content":"## Minor boundary changes of priority development areas","sortOrder":162},{"sectionNumber":"sec.40F","sectionType":"section","heading":"Regulation may make particular boundary changes","content":"### sec.40F Regulation may make particular boundary changes\n\nA regulation (a boundary change regulation ) may amend a declaration regulation made under section 34 or 37 to make either of the following changes (each a minor boundary change ) to the priority development area declared under the declaration regulation—\nto include additional land in the priority development area;\nto include additional land in the priority development area and exclude other land from the priority development area.\nSee chapter 3 , part 2 , division 3 , subdivision 2 in relation to other changes to priority development areas.\nA boundary change regulation may be made only if—\nthe minor boundary change is to correct an error in the boundary of the priority development area; or\nincluding land so the boundary of the priority development area aligns with the intended cadastral boundary of the area\nMEDQ is satisfied the minor boundary change promotes the proper and orderly planning, development and management of the additional land to be included in, or the land to be excluded from, the priority development area.\nincluding additional land in a priority development area so part of the boundary of the area aligns with a road constructed after the area was declared\nincluding additional land in a priority development area so part of the boundary of the area aligns with the boundary of land that was reclaimed after the area was declared\ns 40F ins 2019 No. 11 s 28\n(sec.40F-ssec.1) A regulation (a boundary change regulation ) may amend a declaration regulation made under section 34 or 37 to make either of the following changes (each a minor boundary change ) to the priority development area declared under the declaration regulation— to include additional land in the priority development area; to include additional land in the priority development area and exclude other land from the priority development area. See chapter 3 , part 2 , division 3 , subdivision 2 in relation to other changes to priority development areas.\n(sec.40F-ssec.2) A boundary change regulation may be made only if— the minor boundary change is to correct an error in the boundary of the priority development area; or including land so the boundary of the priority development area aligns with the intended cadastral boundary of the area MEDQ is satisfied the minor boundary change promotes the proper and orderly planning, development and management of the additional land to be included in, or the land to be excluded from, the priority development area. including additional land in a priority development area so part of the boundary of the area aligns with a road constructed after the area was declared including additional land in a priority development area so part of the boundary of the area aligns with the boundary of land that was reclaimed after the area was declared\n- (a) to include additional land in the priority development area;\n- (b) to include additional land in the priority development area and exclude other land from the priority development area. Note— See chapter 3 , part 2 , division 3 , subdivision 2 in relation to other changes to priority development areas.\n- (a) the minor boundary change is to correct an error in the boundary of the priority development area; or Example— including land so the boundary of the priority development area aligns with the intended cadastral boundary of the area\n- (b) MEDQ is satisfied the minor boundary change promotes the proper and orderly planning, development and management of the additional land to be included in, or the land to be excluded from, the priority development area. Examples— • including additional land in a priority development area so part of the boundary of the area aligns with a road constructed after the area was declared • including additional land in a priority development area so part of the boundary of the area aligns with the boundary of land that was reclaimed after the area was declared\n- • including additional land in a priority development area so part of the boundary of the area aligns with a road constructed after the area was declared\n- • including additional land in a priority development area so part of the boundary of the area aligns with the boundary of land that was reclaimed after the area was declared\n- • including additional land in a priority development area so part of the boundary of the area aligns with a road constructed after the area was declared\n- • including additional land in a priority development area so part of the boundary of the area aligns with the boundary of land that was reclaimed after the area was declared","sortOrder":163},{"sectionNumber":"sec.40G","sectionType":"section","heading":"Recommendation for boundary change regulation","content":"### sec.40G Recommendation for boundary change regulation\n\nThis section applies if the Minister proposes to recommend to the Governor in Council the making of a boundary change regulation in relation to a priority development area.\nThe recommendation for the making of the boundary change regulation may be made only if—\nfor the additional land proposed to be included in the priority development area (the additional land ), MEDQ has—\nproposed an instrument amending the relevant development instrument for the priority development area to apply the relevant development instrument to the additional land (the PDA instrument change ); and\nconsulted on the proposed instrument under section 40H (1) ; and\nmade the instrument under section 40H (2) ; and\nfor any land proposed to be excluded from the priority development area (the excluded land ), an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change ) has been—\nprepared under section 40I ; and\nconsulted on under section 40J ; and\nmade or approved under section 40K .\nHowever, subsection (2) (b) does not apply if MEDQ decides a planning instrument change is not required to provide for the excluded land.\nMEDQ may make a decision under subsection (3) only if it is satisfied that, without amendment, the relevant local government’s planning instruments adequately provide for the excluded land.\ns 40G ins 2019 No. 11 s 28\n(sec.40G-ssec.1) This section applies if the Minister proposes to recommend to the Governor in Council the making of a boundary change regulation in relation to a priority development area.\n(sec.40G-ssec.2) The recommendation for the making of the boundary change regulation may be made only if— for the additional land proposed to be included in the priority development area (the additional land ), MEDQ has— proposed an instrument amending the relevant development instrument for the priority development area to apply the relevant development instrument to the additional land (the PDA instrument change ); and consulted on the proposed instrument under section 40H (1) ; and made the instrument under section 40H (2) ; and for any land proposed to be excluded from the priority development area (the excluded land ), an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change ) has been— prepared under section 40I ; and consulted on under section 40J ; and made or approved under section 40K .\n(sec.40G-ssec.3) However, subsection (2) (b) does not apply if MEDQ decides a planning instrument change is not required to provide for the excluded land.\n(sec.40G-ssec.4) MEDQ may make a decision under subsection (3) only if it is satisfied that, without amendment, the relevant local government’s planning instruments adequately provide for the excluded land.\n- (a) for the additional land proposed to be included in the priority development area (the additional land ), MEDQ has— (i) proposed an instrument amending the relevant development instrument for the priority development area to apply the relevant development instrument to the additional land (the PDA instrument change ); and (ii) consulted on the proposed instrument under section 40H (1) ; and (iii) made the instrument under section 40H (2) ; and\n- (i) proposed an instrument amending the relevant development instrument for the priority development area to apply the relevant development instrument to the additional land (the PDA instrument change ); and\n- (ii) consulted on the proposed instrument under section 40H (1) ; and\n- (iii) made the instrument under section 40H (2) ; and\n- (b) for any land proposed to be excluded from the priority development area (the excluded land ), an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change ) has been— (i) prepared under section 40I ; and (ii) consulted on under section 40J ; and (iii) made or approved under section 40K .\n- (i) prepared under section 40I ; and\n- (ii) consulted on under section 40J ; and\n- (iii) made or approved under section 40K .\n- (i) proposed an instrument amending the relevant development instrument for the priority development area to apply the relevant development instrument to the additional land (the PDA instrument change ); and\n- (ii) consulted on the proposed instrument under section 40H (1) ; and\n- (iii) made the instrument under section 40H (2) ; and\n- (i) prepared under section 40I ; and\n- (ii) consulted on under section 40J ; and\n- (iii) made or approved under section 40K .","sortOrder":164},{"sectionNumber":"sec.40H","sectionType":"section","heading":"Consultation about proposed PDA instrument change and making of PDA instrument change","content":"### sec.40H Consultation about proposed PDA instrument change and making of PDA instrument change\n\nBefore preparing the proposed instrument for the PDA instrument change, MEDQ must—\nconsult, in the way it considers appropriate, with the relevant local government; and\nmake reasonable endeavours to consult, in the way it considers appropriate, with any government entity, GOC or other entity MEDQ considers will be likely to be affected by the proposed PDA instrument change.\nAfter complying with subsection (1) , MEDQ must decide—\nto make the instrument for the PDA instrument change; or\nnot to make the instrument for the PDA instrument change.\nIn making the decision under subsection (2) , MEDQ must consider the main purpose of this Act.\ns 40H ins 2019 No. 11 s 28\n(sec.40H-ssec.1) Before preparing the proposed instrument for the PDA instrument change, MEDQ must— consult, in the way it considers appropriate, with the relevant local government; and make reasonable endeavours to consult, in the way it considers appropriate, with any government entity, GOC or other entity MEDQ considers will be likely to be affected by the proposed PDA instrument change.\n(sec.40H-ssec.2) After complying with subsection (1) , MEDQ must decide— to make the instrument for the PDA instrument change; or not to make the instrument for the PDA instrument change.\n(sec.40H-ssec.3) In making the decision under subsection (2) , MEDQ must consider the main purpose of this Act.\n- (a) consult, in the way it considers appropriate, with the relevant local government; and\n- (b) make reasonable endeavours to consult, in the way it considers appropriate, with any government entity, GOC or other entity MEDQ considers will be likely to be affected by the proposed PDA instrument change.\n- (a) to make the instrument for the PDA instrument change; or\n- (b) not to make the instrument for the PDA instrument change.","sortOrder":165},{"sectionNumber":"sec.40I","sectionType":"section","heading":"Preparation of proposed instrument for planning instrument change","content":"### sec.40I Preparation of proposed instrument for planning instrument change\n\nIf section 40G (2) (b) applies for any excluded land, MEDQ may—\nprepare the proposed instrument for the planning instrument change; or\nask the relevant local government to prepare the proposed instrument for the planning instrument change.\nThe entity that prepares the proposed instrument for the planning instrument change is the proposer of the planning instrument change.\ns 40I ins 2019 No. 11 s 28\n(sec.40I-ssec.1) If section 40G (2) (b) applies for any excluded land, MEDQ may— prepare the proposed instrument for the planning instrument change; or ask the relevant local government to prepare the proposed instrument for the planning instrument change.\n(sec.40I-ssec.2) The entity that prepares the proposed instrument for the planning instrument change is the proposer of the planning instrument change.\n- (a) prepare the proposed instrument for the planning instrument change; or\n- (b) ask the relevant local government to prepare the proposed instrument for the planning instrument change.","sortOrder":166},{"sectionNumber":"sec.40J","sectionType":"section","heading":"Consultation about proposed instrument for planning instrument change","content":"### sec.40J Consultation about proposed instrument for planning instrument change\n\nBefore preparing the proposed instrument for the planning instrument change, the proposer must—\neither—\nif MEDQ is the proposer—consult, in the way it considers appropriate, with the relevant local government; or\nif the relevant local government is the proposer—consult with MEDQ; and\nmake reasonable endeavours to consult, in the way the proposer considers appropriate, with any government entity, GOC or other entity the proposer considers will be likely to be affected by the proposed planning instrument change.\ns 40J ins 2019 No. 11 s 28\n- (a) either— (i) if MEDQ is the proposer—consult, in the way it considers appropriate, with the relevant local government; or (ii) if the relevant local government is the proposer—consult with MEDQ; and\n- (i) if MEDQ is the proposer—consult, in the way it considers appropriate, with the relevant local government; or\n- (ii) if the relevant local government is the proposer—consult with MEDQ; and\n- (b) make reasonable endeavours to consult, in the way the proposer considers appropriate, with any government entity, GOC or other entity the proposer considers will be likely to be affected by the proposed planning instrument change.\n- (i) if MEDQ is the proposer—consult, in the way it considers appropriate, with the relevant local government; or\n- (ii) if the relevant local government is the proposer—consult with MEDQ; and","sortOrder":167},{"sectionNumber":"sec.40K","sectionType":"section","heading":"Making or approving planning instrument change","content":"### sec.40K Making or approving planning instrument change\n\nThis section applies if—\nsection 40G (2) (b) applies for any excluded land; and\nthe proposed instrument for the planning instrument change has been prepared under section 40I and consulted on under section 40J .\nIf the relevant local government is the proposer of the planning instrument change, it must give MEDQ the proposed instrument for its approval.\nMEDQ must decide to—\napprove the proposed instrument for the planning instrument change; or\napprove the proposed instrument subject to conditions decided by MEDQ; or\nrefuse to approve the proposed instrument.\nIn making the decision under subsection (3) , MEDQ must consider the main purpose of this Act.\nIf MEDQ decides to approve the proposed instrument for the planning instrument change, it must, by notice given to the relevant local government—\nfor a proposed instrument prepared by MEDQ—make the instrument for the planning instrument change in compliance with any conditions decided under subsection (3) (b) ; or\nfor a proposed instrument prepared by the relevant local government—approve the instrument for the planning instrument change subject to any conditions decided under subsection (3) (b) .\nIf MEDQ, under subsection (3) (b) , approves a proposed instrument for a planning instrument change prepared by the relevant local government, the local government must amend the instrument to comply with the conditions.\ns 40K ins 2019 No. 11 s 28\n(sec.40K-ssec.1) This section applies if— section 40G (2) (b) applies for any excluded land; and the proposed instrument for the planning instrument change has been prepared under section 40I and consulted on under section 40J .\n(sec.40K-ssec.2) If the relevant local government is the proposer of the planning instrument change, it must give MEDQ the proposed instrument for its approval.\n(sec.40K-ssec.3) MEDQ must decide to— approve the proposed instrument for the planning instrument change; or approve the proposed instrument subject to conditions decided by MEDQ; or refuse to approve the proposed instrument.\n(sec.40K-ssec.4) In making the decision under subsection (3) , MEDQ must consider the main purpose of this Act.\n(sec.40K-ssec.5) If MEDQ decides to approve the proposed instrument for the planning instrument change, it must, by notice given to the relevant local government— for a proposed instrument prepared by MEDQ—make the instrument for the planning instrument change in compliance with any conditions decided under subsection (3) (b) ; or for a proposed instrument prepared by the relevant local government—approve the instrument for the planning instrument change subject to any conditions decided under subsection (3) (b) .\n(sec.40K-ssec.6) If MEDQ, under subsection (3) (b) , approves a proposed instrument for a planning instrument change prepared by the relevant local government, the local government must amend the instrument to comply with the conditions.\n- (a) section 40G (2) (b) applies for any excluded land; and\n- (b) the proposed instrument for the planning instrument change has been prepared under section 40I and consulted on under section 40J .\n- (a) approve the proposed instrument for the planning instrument change; or\n- (b) approve the proposed instrument subject to conditions decided by MEDQ; or\n- (c) refuse to approve the proposed instrument.\n- (a) for a proposed instrument prepared by MEDQ—make the instrument for the planning instrument change in compliance with any conditions decided under subsection (3) (b) ; or\n- (b) for a proposed instrument prepared by the relevant local government—approve the instrument for the planning instrument change subject to any conditions decided under subsection (3) (b) .","sortOrder":168},{"sectionNumber":"sec.40L","sectionType":"section","heading":"When instruments take effect","content":"### sec.40L When instruments take effect\n\nA PDA instrument change made under section 40H (2) and a planning instrument change made or approved under section 40K take effect on the commencement of the boundary change regulation making the minor boundary changes for which the instruments provide.\nOn giving a notice under section 40K (5) , the planning instrument change is, for the Planning Act , taken to have been made by the relevant local government.\nHowever—\nthe planning instrument change—\ndoes not create a superseded planning scheme under the Planning Act ; and\nis not an adverse planning change under that Act; and\nthe Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change.\nThe Planning Act , sections 18 , 20 , 22 and 23 do not apply for making the planning instrument change.\ns 40L ins 2019 No. 11 s 28\n(sec.40L-ssec.1) A PDA instrument change made under section 40H (2) and a planning instrument change made or approved under section 40K take effect on the commencement of the boundary change regulation making the minor boundary changes for which the instruments provide.\n(sec.40L-ssec.2) On giving a notice under section 40K (5) , the planning instrument change is, for the Planning Act , taken to have been made by the relevant local government.\n(sec.40L-ssec.3) However— the planning instrument change— does not create a superseded planning scheme under the Planning Act ; and is not an adverse planning change under that Act; and the Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change.\n(sec.40L-ssec.4) The Planning Act , sections 18 , 20 , 22 and 23 do not apply for making the planning instrument change.\n- (a) the planning instrument change— (i) does not create a superseded planning scheme under the Planning Act ; and (ii) is not an adverse planning change under that Act; and\n- (i) does not create a superseded planning scheme under the Planning Act ; and\n- (ii) is not an adverse planning change under that Act; and\n- (b) the Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change.\n- (i) does not create a superseded planning scheme under the Planning Act ; and\n- (ii) is not an adverse planning change under that Act; and","sortOrder":169},{"sectionNumber":"sec.40M","sectionType":"section","heading":"Notice of instruments for minor boundary change","content":"### sec.40M Notice of instruments for minor boundary change\n\nAs soon as practicable after the boundary change regulation commences, MEDQ must—\npublish on MEDQ’s website—\nthe PDA instrument change made under section 40H (2) ; and\nif section 40G (2) (b) applied for any excluded land—the planning instrument change made or approved under section 40K ; and\npublish a gazette notice stating that the instruments mentioned in paragraph (a) (i) and (ii) have taken effect and are published on MEDQ’s website; and\npublish, at least once in a newspaper circulating in the area of the relevant local government, a notice to the same effect as the gazette notice.\nAlso, if section 40G (2) (b) applied for any excluded land, the relevant local government must publish on its website the planning instrument change made or approved under section 40K .\ns 40M ins 2019 No. 11 s 28\namd 2024 No. 32 s 3 sch 1\n(sec.40M-ssec.1) As soon as practicable after the boundary change regulation commences, MEDQ must— publish on MEDQ’s website— the PDA instrument change made under section 40H (2) ; and if section 40G (2) (b) applied for any excluded land—the planning instrument change made or approved under section 40K ; and publish a gazette notice stating that the instruments mentioned in paragraph (a) (i) and (ii) have taken effect and are published on MEDQ’s website; and publish, at least once in a newspaper circulating in the area of the relevant local government, a notice to the same effect as the gazette notice.\n(sec.40M-ssec.2) Also, if section 40G (2) (b) applied for any excluded land, the relevant local government must publish on its website the planning instrument change made or approved under section 40K .\n- (a) publish on MEDQ’s website— (i) the PDA instrument change made under section 40H (2) ; and (ii) if section 40G (2) (b) applied for any excluded land—the planning instrument change made or approved under section 40K ; and\n- (i) the PDA instrument change made under section 40H (2) ; and\n- (ii) if section 40G (2) (b) applied for any excluded land—the planning instrument change made or approved under section 40K ; and\n- (b) publish a gazette notice stating that the instruments mentioned in paragraph (a) (i) and (ii) have taken effect and are published on MEDQ’s website; and\n- (c) publish, at least once in a newspaper circulating in the area of the relevant local government, a notice to the same effect as the gazette notice.\n- (i) the PDA instrument change made under section 40H (2) ; and\n- (ii) if section 40G (2) (b) applied for any excluded land—the planning instrument change made or approved under section 40K ; and","sortOrder":170},{"sectionNumber":"ch.3-pt.2-div.3","sectionType":"division","heading":"Cessation of priority development areas","content":"## Cessation of priority development areas","sortOrder":171},{"sectionNumber":"sec.41","sectionType":"section","heading":"Cessation of provisional priority development area","content":"### sec.41 Cessation of provisional priority development area\n\nA provisional priority development area ceases to be a provisional priority development area 3 years after its declaration.\nBefore a provisional priority development area ceases under subsection (1) , MEDQ may, by notice to the relevant local government—\napprove an amendment of the local government’s planning instruments prepared by the local government to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (the planning instrument change ); or\nmake an amendment of the local government’s planning instruments to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (also the planning instrument change ).\nOn the giving of a notice under subsection (2) , the planning instrument change is, for the Planning Act , taken to have been made by the local government.\nHowever—\nthe planning instrument change—\ndoes not create a superseded planning scheme under the Planning Act ; and\nis not an adverse planning change under that Act; and\nthe Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change.\nThe Planning Act , sections 18 , 20 , 22 and 23 do not apply for the making of the planning instrument change.\nBefore making a planning instrument change under subsection (2) (b) , MEDQ must—\ngive the relevant local government the proposed planning instrument change; and\ninvite it to, within 40 business days after it is given the proposed amendment, make submissions to MEDQ about the proposed planning instrument change; and\nconsider any submissions made under paragraph (b) .\nThe planning instrument change takes effect at the same time as the provisional priority development area ceases under subsection (1) .\ns 41 amd 2016 No. 17 s 94 ; 2016 No. 27 s 170 ; 2019 No. 11 s 29\n(sec.41-ssec.1) A provisional priority development area ceases to be a provisional priority development area 3 years after its declaration.\n(sec.41-ssec.2) Before a provisional priority development area ceases under subsection (1) , MEDQ may, by notice to the relevant local government— approve an amendment of the local government’s planning instruments prepared by the local government to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (the planning instrument change ); or make an amendment of the local government’s planning instruments to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (also the planning instrument change ).\n(sec.41-ssec.3) On the giving of a notice under subsection (2) , the planning instrument change is, for the Planning Act , taken to have been made by the local government.\n(sec.41-ssec.4) However— the planning instrument change— does not create a superseded planning scheme under the Planning Act ; and is not an adverse planning change under that Act; and the Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change.\n(sec.41-ssec.5) The Planning Act , sections 18 , 20 , 22 and 23 do not apply for the making of the planning instrument change.\n(sec.41-ssec.6) Before making a planning instrument change under subsection (2) (b) , MEDQ must— give the relevant local government the proposed planning instrument change; and invite it to, within 40 business days after it is given the proposed amendment, make submissions to MEDQ about the proposed planning instrument change; and consider any submissions made under paragraph (b) .\n(sec.41-ssec.7) The planning instrument change takes effect at the same time as the provisional priority development area ceases under subsection (1) .\n- (a) approve an amendment of the local government’s planning instruments prepared by the local government to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (the planning instrument change ); or\n- (b) make an amendment of the local government’s planning instruments to provide for land in the provisional priority development area or any PDA-associated land for the provisional priority development area (also the planning instrument change ).\n- (a) the planning instrument change— (i) does not create a superseded planning scheme under the Planning Act ; and (ii) is not an adverse planning change under that Act; and\n- (i) does not create a superseded planning scheme under the Planning Act ; and\n- (ii) is not an adverse planning change under that Act; and\n- (b) the Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change.\n- (i) does not create a superseded planning scheme under the Planning Act ; and\n- (ii) is not an adverse planning change under that Act; and\n- (a) give the relevant local government the proposed planning instrument change; and\n- (b) invite it to, within 40 business days after it is given the proposed amendment, make submissions to MEDQ about the proposed planning instrument change; and\n- (c) consider any submissions made under paragraph (b) .","sortOrder":172},{"sectionNumber":"sec.42","sectionType":"section","heading":"Revocation or reduction of priority development area","content":"### sec.42 Revocation or reduction of priority development area\n\nSubsections (2) and (3) apply if the Minister proposes to recommend to the Governor in Council the making of a regulation to amend or repeal a provision of a declaration regulation made under section 34 or 37 (the PDA change ) so land in a priority development area (the excluded land ) will no longer be in the priority development area.\nThe recommendation for the PDA change may be made only if an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change ) is—\nproposed and dealt with under sections 42A to 42I , as applicable; and\napproved under section 42J (2) .\nAlso, if there is PDA-associated development for the priority development area, the recommendation for the PDA change may be made only if—\nthe Minister has considered how the development should be dealt with; and\nto the extent the Minister considers it appropriate, the development is provided for in the planning instrument change.\nHowever, subsection (2) does not apply if—\nunder the regulation the subject of the Minister’s proposed recommendation—\na part of the State comprising or including the excluded land is to be declared to be a priority development area under section 34 or 37 ; and\nthe declaration is to commence at the same time as the PDA change; or\nthe excluded land—\nis within the master planned area for a priority port and a port overlay has effect for the master planned area; or\nis strategic port land under the Transport Infrastructure Act 1994 , section 286 ; or\nMEDQ is satisfied that—\nwithout amendment, the relevant local government’s planning instruments adequately provide for the excluded land; or\nany amendments required to be made to the relevant local government’s planning instruments to provide for the excluded land are minor, have been the subject of adequate consultation and have been made.\nAlso, subsections (2) and (3) do not apply only because the Minister proposes to make a boundary change regulation to make a minor boundary change mentioned in section 40F (1) (b) .\nIn this section—\nmaster planned area , for a priority port, see the Sustainable Ports Development Act 2015 , section 6 .\nport overlay see the Sustainable Ports Development Act 2015 , section 19 (1) .\npriority port see the Sustainable Ports Development Act 2015 , section 5 .\ns 42 sub 2014 No. 40 s 8\namd 2016 No. 17 s 95 ; 2019 No. 11 s 30\n(sec.42-ssec.1) Subsections (2) and (3) apply if the Minister proposes to recommend to the Governor in Council the making of a regulation to amend or repeal a provision of a declaration regulation made under section 34 or 37 (the PDA change ) so land in a priority development area (the excluded land ) will no longer be in the priority development area.\n(sec.42-ssec.2) The recommendation for the PDA change may be made only if an instrument amending the relevant local government’s planning instruments to provide for the excluded land (the planning instrument change ) is— proposed and dealt with under sections 42A to 42I , as applicable; and approved under section 42J (2) .\n(sec.42-ssec.3) Also, if there is PDA-associated development for the priority development area, the recommendation for the PDA change may be made only if— the Minister has considered how the development should be dealt with; and to the extent the Minister considers it appropriate, the development is provided for in the planning instrument change.\n(sec.42-ssec.4) However, subsection (2) does not apply if— under the regulation the subject of the Minister’s proposed recommendation— a part of the State comprising or including the excluded land is to be declared to be a priority development area under section 34 or 37 ; and the declaration is to commence at the same time as the PDA change; or the excluded land— is within the master planned area for a priority port and a port overlay has effect for the master planned area; or is strategic port land under the Transport Infrastructure Act 1994 , section 286 ; or MEDQ is satisfied that— without amendment, the relevant local government’s planning instruments adequately provide for the excluded land; or any amendments required to be made to the relevant local government’s planning instruments to provide for the excluded land are minor, have been the subject of adequate consultation and have been made.\n(sec.42-ssec.5) Also, subsections (2) and (3) do not apply only because the Minister proposes to make a boundary change regulation to make a minor boundary change mentioned in section 40F (1) (b) .\n(sec.42-ssec.6) In this section— master planned area , for a priority port, see the Sustainable Ports Development Act 2015 , section 6 . port overlay see the Sustainable Ports Development Act 2015 , section 19 (1) . priority port see the Sustainable Ports Development Act 2015 , section 5 .\n- (a) proposed and dealt with under sections 42A to 42I , as applicable; and\n- (b) approved under section 42J (2) .\n- (a) the Minister has considered how the development should be dealt with; and\n- (b) to the extent the Minister considers it appropriate, the development is provided for in the planning instrument change.\n- (a) under the regulation the subject of the Minister’s proposed recommendation— (i) a part of the State comprising or including the excluded land is to be declared to be a priority development area under section 34 or 37 ; and (ii) the declaration is to commence at the same time as the PDA change; or\n- (i) a part of the State comprising or including the excluded land is to be declared to be a priority development area under section 34 or 37 ; and\n- (ii) the declaration is to commence at the same time as the PDA change; or\n- (b) the excluded land— (i) is within the master planned area for a priority port and a port overlay has effect for the master planned area; or (ii) is strategic port land under the Transport Infrastructure Act 1994 , section 286 ; or\n- (i) is within the master planned area for a priority port and a port overlay has effect for the master planned area; or\n- (ii) is strategic port land under the Transport Infrastructure Act 1994 , section 286 ; or\n- (c) MEDQ is satisfied that— (i) without amendment, the relevant local government’s planning instruments adequately provide for the excluded land; or (ii) any amendments required to be made to the relevant local government’s planning instruments to provide for the excluded land are minor, have been the subject of adequate consultation and have been made.\n- (i) without amendment, the relevant local government’s planning instruments adequately provide for the excluded land; or\n- (ii) any amendments required to be made to the relevant local government’s planning instruments to provide for the excluded land are minor, have been the subject of adequate consultation and have been made.\n- (i) a part of the State comprising or including the excluded land is to be declared to be a priority development area under section 34 or 37 ; and\n- (ii) the declaration is to commence at the same time as the PDA change; or\n- (i) is within the master planned area for a priority port and a port overlay has effect for the master planned area; or\n- (ii) is strategic port land under the Transport Infrastructure Act 1994 , section 286 ; or\n- (i) without amendment, the relevant local government’s planning instruments adequately provide for the excluded land; or\n- (ii) any amendments required to be made to the relevant local government’s planning instruments to provide for the excluded land are minor, have been the subject of adequate consultation and have been made.","sortOrder":173},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Preparation of proposed planning instrument change","content":"### sec.42A Preparation of proposed planning instrument change\n\nMEDQ may decide to prepare the proposed instrument for the planning instrument change or ask the relevant local government to prepare it.\nThe entity that prepares the proposed instrument for the planning instrument change is the proposer of the planning instrument change.\ns 42A ins 2014 No. 40 s 8\n(sec.42A-ssec.1) MEDQ may decide to prepare the proposed instrument for the planning instrument change or ask the relevant local government to prepare it.\n(sec.42A-ssec.2) The entity that prepares the proposed instrument for the planning instrument change is the proposer of the planning instrument change.","sortOrder":174},{"sectionNumber":"sec.42B","sectionType":"section","heading":"Consultation about proposed planning instrument change","content":"### sec.42B Consultation about proposed planning instrument change\n\nBefore preparing the proposed instrument for the planning instrument change, the proposer must—\nfor a proposed instrument prepared by MEDQ—consult, in the way it considers appropriate, with the relevant local government; and\nfor a proposed instrument prepared by the relevant local government—consult with MEDQ; and\nmake reasonable endeavours to consult, in the way the proposer considers appropriate, with any of the following it considers will be likely to be affected by the proposed planning instrument change—\na government entity or GOC;\nanother person or entity.\ns 42B ins 2014 No. 40 s 8\n- (a) for a proposed instrument prepared by MEDQ—consult, in the way it considers appropriate, with the relevant local government; and\n- (b) for a proposed instrument prepared by the relevant local government—consult with MEDQ; and\n- (c) make reasonable endeavours to consult, in the way the proposer considers appropriate, with any of the following it considers will be likely to be affected by the proposed planning instrument change— (i) a government entity or GOC; (ii) another person or entity.\n- (i) a government entity or GOC;\n- (ii) another person or entity.\n- (i) a government entity or GOC;\n- (ii) another person or entity.","sortOrder":175},{"sectionNumber":"sec.42C","sectionType":"section","heading":"Approval of proposed planning instrument change by MEDQ","content":"### sec.42C Approval of proposed planning instrument change by MEDQ\n\nThis section applies if the proposed instrument for a planning instrument change is prepared by the relevant local government.\nThe local government must give the proposed instrument to MEDQ for approval.\nMEDQ must decide to—\napprove the proposed instrument for the planning instrument change; or\napprove the instrument change subject to conditions decided by MEDQ; or\nrefuse to approve the instrument.\nIf MEDQ approves the proposed instrument for the planning instrument change under subsection (3) (b) , the relevant local government must amend the instrument to comply with the conditions.\ns 42C ins 2014 No. 40 s 8\namd 2019 No. 11 s 31\n(sec.42C-ssec.1) This section applies if the proposed instrument for a planning instrument change is prepared by the relevant local government.\n(sec.42C-ssec.2) The local government must give the proposed instrument to MEDQ for approval.\n(sec.42C-ssec.3) MEDQ must decide to— approve the proposed instrument for the planning instrument change; or approve the instrument change subject to conditions decided by MEDQ; or refuse to approve the instrument.\n(sec.42C-ssec.4) If MEDQ approves the proposed instrument for the planning instrument change under subsection (3) (b) , the relevant local government must amend the instrument to comply with the conditions.\n- (a) approve the proposed instrument for the planning instrument change; or\n- (b) approve the instrument change subject to conditions decided by MEDQ; or\n- (c) refuse to approve the instrument.","sortOrder":176},{"sectionNumber":"sec.42D","sectionType":"section","heading":"When notification requirements do not apply","content":"### sec.42D When notification requirements do not apply\n\nThe notification requirements do not apply to the proposed instrument for the planning instrument change if MEDQ is satisfied—\nthe consultation about the instrument under section 42B has been adequate; and\nthe public interest would not be served by further consultation about the instrument.\ns 42D ins 2014 No. 40 s 8\n- (a) the consultation about the instrument under section 42B has been adequate; and\n- (b) the public interest would not be served by further consultation about the instrument.","sortOrder":177},{"sectionNumber":"sec.42E","sectionType":"section","heading":"Public notification","content":"### sec.42E Public notification\n\nThis section applies if—\nthe proposed instrument for the planning instrument change is prepared; and\nfor a proposed instrument prepared by the relevant local government—MEDQ has approved the instrument under section 42C (3) .\nThe proposer must—\npublish the proposed instrument for the planning instrument change on the proposer’s website; and\npublish, at least once in a newspaper circulating in the area of the relevant local government, a notice—\nstating that the proposed instrument for the planning instrument change is published on the proposer’s website; and\ninviting persons to make submissions, within a stated period of at least 30 business days (the submission period ), about the proposed instrument.\ns 42E ins 2014 No. 40 s 8\namd 2019 No. 11 s 32\n(sec.42E-ssec.1) This section applies if— the proposed instrument for the planning instrument change is prepared; and for a proposed instrument prepared by the relevant local government—MEDQ has approved the instrument under section 42C (3) .\n(sec.42E-ssec.2) The proposer must— publish the proposed instrument for the planning instrument change on the proposer’s website; and publish, at least once in a newspaper circulating in the area of the relevant local government, a notice— stating that the proposed instrument for the planning instrument change is published on the proposer’s website; and inviting persons to make submissions, within a stated period of at least 30 business days (the submission period ), about the proposed instrument.\n- (a) the proposed instrument for the planning instrument change is prepared; and\n- (b) for a proposed instrument prepared by the relevant local government—MEDQ has approved the instrument under section 42C (3) .\n- (a) publish the proposed instrument for the planning instrument change on the proposer’s website; and\n- (b) publish, at least once in a newspaper circulating in the area of the relevant local government, a notice— (i) stating that the proposed instrument for the planning instrument change is published on the proposer’s website; and (ii) inviting persons to make submissions, within a stated period of at least 30 business days (the submission period ), about the proposed instrument.\n- (i) stating that the proposed instrument for the planning instrument change is published on the proposer’s website; and\n- (ii) inviting persons to make submissions, within a stated period of at least 30 business days (the submission period ), about the proposed instrument.\n- (i) stating that the proposed instrument for the planning instrument change is published on the proposer’s website; and\n- (ii) inviting persons to make submissions, within a stated period of at least 30 business days (the submission period ), about the proposed instrument.","sortOrder":178},{"sectionNumber":"sec.42F","sectionType":"section","heading":"Submissions on proposed planning instrument change","content":"### sec.42F Submissions on proposed planning instrument change\n\nAnyone may make submissions to the proposer about the proposed instrument for the planning instrument change within the submission period.\ns 42F ins 2014 No. 40 s 8","sortOrder":179},{"sectionNumber":"sec.42G","sectionType":"section","heading":"Consideration of submissions","content":"### sec.42G Consideration of submissions\n\nThe proposer must consider the submissions received within the submission period.\nSubsection (1) does not prevent the proposer from considering a submission made to it after the submission period ends.\ns 42G ins 2014 No. 40 s 8\n(sec.42G-ssec.1) The proposer must consider the submissions received within the submission period.\n(sec.42G-ssec.2) Subsection (1) does not prevent the proposer from considering a submission made to it after the submission period ends.","sortOrder":180},{"sectionNumber":"sec.42H","sectionType":"section","heading":"Amendment of proposed planning instrument change","content":"### sec.42H Amendment of proposed planning instrument change\n\nAfter complying with section 42G , the proposer may amend the proposed instrument for the planning instrument change in a way it considers appropriate.\nIf the proposer considers the amendment significantly changes the proposed planning instrument change, it must re-comply with sections 42E (2) and 42G for the amended proposed instrument for the planning instrument change.\ns 42H ins 2014 No. 40 s 8\namd 2019 No. 11 s 231 s ch 1 pt 1\n(sec.42H-ssec.1) After complying with section 42G , the proposer may amend the proposed instrument for the planning instrument change in a way it considers appropriate.\n(sec.42H-ssec.2) If the proposer considers the amendment significantly changes the proposed planning instrument change, it must re-comply with sections 42E (2) and 42G for the amended proposed instrument for the planning instrument change.","sortOrder":181},{"sectionNumber":"sec.42I","sectionType":"section","heading":"Public response report","content":"### sec.42I Public response report\n\nThis section applies if the proposer has complied with section 42G and, if relevant, section 42H .\nThe proposer must—\nprepare a report (the public response report ) that—\nsummarises the submissions considered by proposer; and\ncontains information about the merits of the submissions and the extent to which the proposed instrument for the planning instrument change was amended to reflect the submissions; and\ncontains details about any changes to the proposed instrument published under section 42E (2) ; and\npublish the report on the proposer’s website.\ns 42I ins 2014 No. 40 s 8\n(sec.42I-ssec.1) This section applies if the proposer has complied with section 42G and, if relevant, section 42H .\n(sec.42I-ssec.2) The proposer must— prepare a report (the public response report ) that— summarises the submissions considered by proposer; and contains information about the merits of the submissions and the extent to which the proposed instrument for the planning instrument change was amended to reflect the submissions; and contains details about any changes to the proposed instrument published under section 42E (2) ; and publish the report on the proposer’s website.\n- (a) prepare a report (the public response report ) that— (i) summarises the submissions considered by proposer; and (ii) contains information about the merits of the submissions and the extent to which the proposed instrument for the planning instrument change was amended to reflect the submissions; and (iii) contains details about any changes to the proposed instrument published under section 42E (2) ; and\n- (i) summarises the submissions considered by proposer; and\n- (ii) contains information about the merits of the submissions and the extent to which the proposed instrument for the planning instrument change was amended to reflect the submissions; and\n- (iii) contains details about any changes to the proposed instrument published under section 42E (2) ; and\n- (b) publish the report on the proposer’s website.\n- (i) summarises the submissions considered by proposer; and\n- (ii) contains information about the merits of the submissions and the extent to which the proposed instrument for the planning instrument change was amended to reflect the submissions; and\n- (iii) contains details about any changes to the proposed instrument published under section 42E (2) ; and","sortOrder":182},{"sectionNumber":"sec.42J","sectionType":"section","heading":"Approval of planning instrument change","content":"### sec.42J Approval of planning instrument change\n\nThis section applies if, for a proposed instrument for a planning instrument change, the notification requirements—\nhave been complied with; or\ndo not apply under section 42D .\nMEDQ must decide to—\napprove the proposed instrument for the planning instrument change; or\napprove the proposed instrument subject to conditions decided by MEDQ; or\nrefuse to approve the proposed instrument.\nIn making the decision under subsection (2) , MEDQ must consider—\nthe main purpose of this Act; and\nfor a proposed instrument for a planning instrument change prepared by the relevant local government to which the notification requirements apply—the public response report.\nIf MEDQ decides to approve the proposed instrument for the planning instrument change under subsection (2) , it must, by notice to the relevant local government—\nfor a proposed instrument prepared by MEDQ—make the instrument for the planning instrument change in compliance with any conditions decided under subsection (2) (b) ; or\nfor a proposed instrument prepared by the relevant local government—approve the instrument for the planning instrument change subject to any conditions decided under subsection (2) (b) .\nIf MEDQ approves an instrument for a planning instrument change prepared by the relevant local government subject to any conditions decided under subsection (2) (b) , the local government must amend the instrument to comply with the conditions.\ns 42J ins 2014 No. 40 s 8\namd 2019 No. 11 s 33\n(sec.42J-ssec.1) This section applies if, for a proposed instrument for a planning instrument change, the notification requirements— have been complied with; or do not apply under section 42D .\n(sec.42J-ssec.2) MEDQ must decide to— approve the proposed instrument for the planning instrument change; or approve the proposed instrument subject to conditions decided by MEDQ; or refuse to approve the proposed instrument.\n(sec.42J-ssec.3) In making the decision under subsection (2) , MEDQ must consider— the main purpose of this Act; and for a proposed instrument for a planning instrument change prepared by the relevant local government to which the notification requirements apply—the public response report.\n(sec.42J-ssec.4) If MEDQ decides to approve the proposed instrument for the planning instrument change under subsection (2) , it must, by notice to the relevant local government— for a proposed instrument prepared by MEDQ—make the instrument for the planning instrument change in compliance with any conditions decided under subsection (2) (b) ; or for a proposed instrument prepared by the relevant local government—approve the instrument for the planning instrument change subject to any conditions decided under subsection (2) (b) .\n(sec.42J-ssec.5) If MEDQ approves an instrument for a planning instrument change prepared by the relevant local government subject to any conditions decided under subsection (2) (b) , the local government must amend the instrument to comply with the conditions.\n- (a) have been complied with; or\n- (b) do not apply under section 42D .\n- (a) approve the proposed instrument for the planning instrument change; or\n- (b) approve the proposed instrument subject to conditions decided by MEDQ; or\n- (c) refuse to approve the proposed instrument.\n- (a) the main purpose of this Act; and\n- (b) for a proposed instrument for a planning instrument change prepared by the relevant local government to which the notification requirements apply—the public response report.\n- (a) for a proposed instrument prepared by MEDQ—make the instrument for the planning instrument change in compliance with any conditions decided under subsection (2) (b) ; or\n- (b) for a proposed instrument prepared by the relevant local government—approve the instrument for the planning instrument change subject to any conditions decided under subsection (2) (b) .","sortOrder":183},{"sectionNumber":"sec.42K","sectionType":"section","heading":"Effect of planning instrument change","content":"### sec.42K Effect of planning instrument change\n\nOn giving a notice under section 42J (4) , the planning instrument change is, for the Planning Act , taken to have been made by the relevant local government.\nHowever—\nthe planning instrument change—\ndoes not create a superseded planning scheme under the Planning Act ; and\nis not an adverse planning change under that Act; and\nthe Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change.\nThe Planning Act , sections 18 , 20 , 22 and 23 do not apply for making the planning instrument change.\nThe planning instrument change takes effect at the same time as the PDA change.\ns 42K ins 2014 No. 40 s 8\namd 2016 No. 27 s 171 ; 2019 No. 11 s 34\n(sec.42K-ssec.1) On giving a notice under section 42J (4) , the planning instrument change is, for the Planning Act , taken to have been made by the relevant local government.\n(sec.42K-ssec.2) However— the planning instrument change— does not create a superseded planning scheme under the Planning Act ; and is not an adverse planning change under that Act; and the Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change.\n(sec.42K-ssec.3) The Planning Act , sections 18 , 20 , 22 and 23 do not apply for making the planning instrument change.\n(sec.42K-ssec.4) The planning instrument change takes effect at the same time as the PDA change.\n- (a) the planning instrument change— (i) does not create a superseded planning scheme under the Planning Act ; and (ii) is not an adverse planning change under that Act; and\n- (i) does not create a superseded planning scheme under the Planning Act ; and\n- (ii) is not an adverse planning change under that Act; and\n- (b) the Planning Act , section 16 (2) and (3) does not apply in relation to the planning instrument change.\n- (i) does not create a superseded planning scheme under the Planning Act ; and\n- (ii) is not an adverse planning change under that Act; and","sortOrder":184},{"sectionNumber":"sec.42L","sectionType":"section","heading":"Notice of planning instrument change","content":"### sec.42L Notice of planning instrument change\n\nAs soon as practicable after the planning instrument change takes effect—\nMEDQ must publish the instrument for the planning instrument change on MEDQ’s website; and\nthe relevant local government must publish the instrument on its website; and\nthe proposer must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating the instrument—\nhas been approved; and\nmay be inspected on the proposer’s website; and\nthe proposer must give each person who made a submission about the proposed instrument for the planning instrument change, received within the submission period, a notice stating that—\nthe instrument has been approved; and\nthe public response report about the proposed instrument may be inspected on the proposer’s website.\ns 42L ins 2014 No. 40 s 8\namd 2019 No. 11 s 35 ; 2024 No. 32 s 3 sch 1\n- (a) MEDQ must publish the instrument for the planning instrument change on MEDQ’s website; and\n- (b) the relevant local government must publish the instrument on its website; and\n- (c) the proposer must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating the instrument— (i) has been approved; and (ii) may be inspected on the proposer’s website; and\n- (i) has been approved; and\n- (ii) may be inspected on the proposer’s website; and\n- (d) the proposer must give each person who made a submission about the proposed instrument for the planning instrument change, received within the submission period, a notice stating that— (i) the instrument has been approved; and (ii) the public response report about the proposed instrument may be inspected on the proposer’s website.\n- (i) the instrument has been approved; and\n- (ii) the public response report about the proposed instrument may be inspected on the proposer’s website.\n- (i) has been approved; and\n- (ii) may be inspected on the proposer’s website; and\n- (i) the instrument has been approved; and\n- (ii) the public response report about the proposed instrument may be inspected on the proposer’s website.","sortOrder":185},{"sectionNumber":"sec.42M","sectionType":"section","heading":"Implied and uncommenced rights to use premises protected","content":"### sec.42M Implied and uncommenced rights to use premises protected\n\nThis section applies if—\na PDA development approval comes into effect; and\nimmediately before the approval comes into effect, a material change of use, for a use implied by the approval, was PDA accepted development; and\na planning instrument change is made before the use starts.\nThe use is taken to be a lawful use in existence immediately before the planning instrument change is made or taken to have been made.\ns 42M ins 2014 No. 40 s 8\namd 2019 No. 11 s 36\n(sec.42M-ssec.1) This section applies if— a PDA development approval comes into effect; and immediately before the approval comes into effect, a material change of use, for a use implied by the approval, was PDA accepted development; and a planning instrument change is made before the use starts.\n(sec.42M-ssec.2) The use is taken to be a lawful use in existence immediately before the planning instrument change is made or taken to have been made.\n- (a) a PDA development approval comes into effect; and\n- (b) immediately before the approval comes into effect, a material change of use, for a use implied by the approval, was PDA accepted development; and\n- (c) a planning instrument change is made before the use starts.","sortOrder":186},{"sectionNumber":"sec.43","sectionType":"section","heading":"Interim local laws","content":"### sec.43 Interim local laws\n\nThis section applies if land ceases to be in a priority development area and, immediately before the cessation, by-laws applied to the area.\nA regulation may make a local law (the interim local law ) for the land, about any matter provided for under the by-laws.\nHowever, the regulation may be made only if the relevant local government has agreed to the making of the regulation.\nFor the Local Government Act 2009 or the City of Brisbane Act 2010 , the interim local law is taken to have been made under that Act by the relevant local government.\nThe interim local law expires 12 months after it commences.\n(sec.43-ssec.1) This section applies if land ceases to be in a priority development area and, immediately before the cessation, by-laws applied to the area.\n(sec.43-ssec.2) A regulation may make a local law (the interim local law ) for the land, about any matter provided for under the by-laws.\n(sec.43-ssec.3) However, the regulation may be made only if the relevant local government has agreed to the making of the regulation.\n(sec.43-ssec.4) For the Local Government Act 2009 or the City of Brisbane Act 2010 , the interim local law is taken to have been made under that Act by the relevant local government.\n(sec.43-ssec.5) The interim local law expires 12 months after it commences.","sortOrder":187},{"sectionNumber":"ch.3-pt.2-div.4","sectionType":"division","heading":"Relationship with Planning Act","content":"## Relationship with Planning Act","sortOrder":188},{"sectionNumber":"sec.43A","sectionType":"section","heading":"References to declaration of area as priority development area","content":"### sec.43A References to declaration of area as priority development area\n\nA reference in this subdivision to the declaration of an area as a priority development area includes a reference to the inclusion, under a boundary change regulation, of an additional area in a priority development area.\ns 43A ins 2019 No. 11 s 37","sortOrder":189},{"sectionNumber":"sec.44","sectionType":"section","heading":"Pre-existing applications under Planning Act","content":"### sec.44 Pre-existing applications under Planning Act\n\nThis section applies if—\nan area is declared as a priority development area; and\nbefore the area is declared, any of the following applications were properly made under the Planning Act in relation to premises in the area—\na development application;\na change application;\nan extension application;\na cancellation application; and\nimmediately before the area is declared, the application had not lapsed or been decided under that Act.\nDespite the declaration of the priority development area, the Planning Act continues to apply in relation to the application as if the area had not been declared.\ns 44 amd 2016 No. 27 s 173\nsub 2024 No. 32 s 25A\n(sec.44-ssec.1) This section applies if— an area is declared as a priority development area; and before the area is declared, any of the following applications were properly made under the Planning Act in relation to premises in the area— a development application; a change application; an extension application; a cancellation application; and immediately before the area is declared, the application had not lapsed or been decided under that Act.\n(sec.44-ssec.2) Despite the declaration of the priority development area, the Planning Act continues to apply in relation to the application as if the area had not been declared.\n- (a) an area is declared as a priority development area; and\n- (b) before the area is declared, any of the following applications were properly made under the Planning Act in relation to premises in the area— (i) a development application; (ii) a change application; (iii) an extension application; (iv) a cancellation application; and\n- (i) a development application;\n- (ii) a change application;\n- (iii) an extension application;\n- (iv) a cancellation application; and\n- (c) immediately before the area is declared, the application had not lapsed or been decided under that Act.\n- (i) a development application;\n- (ii) a change application;\n- (iii) an extension application;\n- (iv) a cancellation application; and","sortOrder":190},{"sectionNumber":"sec.45","sectionType":"section","heading":"Particular development approvals under Planning Act","content":"### sec.45 Particular development approvals under Planning Act\n\nThis section applies if—\nan area is declared as a priority development area; and\na development approval under the Planning Act for development on premises in the area—\nwas in effect immediately before the declaration; or\nis given for an application mentioned in section 44 after the declaration.\nDespite the declaration of the priority development area, the development approval continues in effect for carrying out the development.\nHowever, only the following applications under the Planning Act may be made to the development approval—\na change application to make a minor change under that Act;\na cancellation application.\nTo remove any doubt, it is declared that, for applying subsection (3) , the Planning Act continues to apply in relation to the application as if the priority development area had not been declared.\ns 45 amd 2016 No. 27 s 174\nsub 2024 No. 32 s 25B\n(sec.45-ssec.1) This section applies if— an area is declared as a priority development area; and a development approval under the Planning Act for development on premises in the area— was in effect immediately before the declaration; or is given for an application mentioned in section 44 after the declaration.\n(sec.45-ssec.2) Despite the declaration of the priority development area, the development approval continues in effect for carrying out the development.\n(sec.45-ssec.3) However, only the following applications under the Planning Act may be made to the development approval— a change application to make a minor change under that Act; a cancellation application.\n(sec.45-ssec.4) To remove any doubt, it is declared that, for applying subsection (3) , the Planning Act continues to apply in relation to the application as if the priority development area had not been declared.\n- (a) an area is declared as a priority development area; and\n- (b) a development approval under the Planning Act for development on premises in the area— (i) was in effect immediately before the declaration; or (ii) is given for an application mentioned in section 44 after the declaration.\n- (i) was in effect immediately before the declaration; or\n- (ii) is given for an application mentioned in section 44 after the declaration.\n- (i) was in effect immediately before the declaration; or\n- (ii) is given for an application mentioned in section 44 after the declaration.\n- (a) a change application to make a minor change under that Act;\n- (b) a cancellation application.","sortOrder":191},{"sectionNumber":"sec.46","sectionType":"section","heading":"Special provision for Northshore Hamilton urban development area","content":"### sec.46 Special provision for Northshore Hamilton urban development area\n\nThis section applies in relation to balance port land that is in the Northshore Hamilton urban development area.\nA person may apply to MEDQ to restart a use of premises on the land if—\nthe use—\nis authorised under a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect; or\nwas a lawful use of premises immediately before the taking of effect of the first interim land use plan; or\nis generally consistent with a use mentioned in subparagraph (i) or (ii) ; and\nthe application is made within 6 months after the use stopped.\nFor making, dealing with and deciding the application, part 4 , division 3 applies, with any necessary changes, as if it were a PDA development application.\nA person may, under section 99 , apply to MEDQ to change a development approval for a use mentioned in subsection (2) (a) (i) or (ii) to an extent that—\nonly changes the configuration or layout of buildings, other structures or plant; and\ndoes not involve an extension of the area of any buildings, other structures or plant.\nA person may apply to MEDQ to change a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect, as if the approval were a PDA development approval.\nAn application under subsection (4) or (5) may be made under section 99 as if it were an amendment application under that section.\nUnder section 99 (2) , an amendment application may be made only if MEDQ is satisfied the change would not result in the relevant development being substantially different.\nAn application mentioned in this section may be made to MEDQ, and approved by MEDQ, despite any provision of the Northshore Hamilton UDA Development Scheme 2009 that prohibits the development.\nAn application mentioned in this section may be made in relation to premises at any time until the day the term of the current lease for the premises ends.\nIn this section—\nbalance port land see the Transport Infrastructure Act 1994 , section 283I .\ncurrent lease , for premises, means a lease that was in existence for the premises immediately before the commencement of the repealed ULDA Act , section 14A .\nThe repealed ULDA Act , section 14A commenced on 23 May 2010.\nfirst interim land use plan means the first interim land use plan for the Northshore Hamilton urban development area under the repealed ULDA Act .\nPort of Brisbane Corporation means Port of Brisbane Corporation Limited ACN 124 048 522.\n(sec.46-ssec.1) This section applies in relation to balance port land that is in the Northshore Hamilton urban development area.\n(sec.46-ssec.2) A person may apply to MEDQ to restart a use of premises on the land if— the use— is authorised under a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect; or was a lawful use of premises immediately before the taking of effect of the first interim land use plan; or is generally consistent with a use mentioned in subparagraph (i) or (ii) ; and the application is made within 6 months after the use stopped.\n(sec.46-ssec.3) For making, dealing with and deciding the application, part 4 , division 3 applies, with any necessary changes, as if it were a PDA development application.\n(sec.46-ssec.4) A person may, under section 99 , apply to MEDQ to change a development approval for a use mentioned in subsection (2) (a) (i) or (ii) to an extent that— only changes the configuration or layout of buildings, other structures or plant; and does not involve an extension of the area of any buildings, other structures or plant.\n(sec.46-ssec.5) A person may apply to MEDQ to change a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect, as if the approval were a PDA development approval.\n(sec.46-ssec.6) An application under subsection (4) or (5) may be made under section 99 as if it were an amendment application under that section. Under section 99 (2) , an amendment application may be made only if MEDQ is satisfied the change would not result in the relevant development being substantially different.\n(sec.46-ssec.7) An application mentioned in this section may be made to MEDQ, and approved by MEDQ, despite any provision of the Northshore Hamilton UDA Development Scheme 2009 that prohibits the development.\n(sec.46-ssec.8) An application mentioned in this section may be made in relation to premises at any time until the day the term of the current lease for the premises ends.\n(sec.46-ssec.9) In this section— balance port land see the Transport Infrastructure Act 1994 , section 283I . current lease , for premises, means a lease that was in existence for the premises immediately before the commencement of the repealed ULDA Act , section 14A . The repealed ULDA Act , section 14A commenced on 23 May 2010. first interim land use plan means the first interim land use plan for the Northshore Hamilton urban development area under the repealed ULDA Act . Port of Brisbane Corporation means Port of Brisbane Corporation Limited ACN 124 048 522.\n- (a) the use— (i) is authorised under a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect; or (ii) was a lawful use of premises immediately before the taking of effect of the first interim land use plan; or (iii) is generally consistent with a use mentioned in subparagraph (i) or (ii) ; and\n- (i) is authorised under a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect; or\n- (ii) was a lawful use of premises immediately before the taking of effect of the first interim land use plan; or\n- (iii) is generally consistent with a use mentioned in subparagraph (i) or (ii) ; and\n- (b) the application is made within 6 months after the use stopped.\n- (i) is authorised under a development approval issued by the Port of Brisbane Corporation before the day the first interim land use plan had effect; or\n- (ii) was a lawful use of premises immediately before the taking of effect of the first interim land use plan; or\n- (iii) is generally consistent with a use mentioned in subparagraph (i) or (ii) ; and\n- (a) only changes the configuration or layout of buildings, other structures or plant; and\n- (b) does not involve an extension of the area of any buildings, other structures or plant.","sortOrder":192},{"sectionNumber":"sec.47","sectionType":"section","heading":"Designation of premises for development of infrastructure under Planning Act","content":"### sec.47 Designation of premises for development of infrastructure under Planning Act\n\nTo remove any doubt, it is declared that—\nthe Planning Act , chapter 2 , part 5 applies in relation to premises in, or partly in, a priority development area; and\na designation of premises under the Planning Act that is in force immediately before all or part of the premises are in a priority development area, continues in force despite the priority development area taking effect.\ns 47 sub 2014 No. 40 s 9 ; 2016 No. 27 s 175\namd 2019 No. 11 s 38\n(sec.47-ssec) To remove any doubt, it is declared that— the Planning Act , chapter 2 , part 5 applies in relation to premises in, or partly in, a priority development area; and a designation of premises under the Planning Act that is in force immediately before all or part of the premises are in a priority development area, continues in force despite the priority development area taking effect.\n- (a) the Planning Act , chapter 2 , part 5 applies in relation to premises in, or partly in, a priority development area; and\n- (b) a designation of premises under the Planning Act that is in force immediately before all or part of the premises are in a priority development area, continues in force despite the priority development area taking effect.","sortOrder":193},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application of subdivision","content":"### sec.48 Application of subdivision\n\nThis subdivision applies if—\nland (the former PDA land ) ceases to be in a priority development area; or\nPDA-associated development (the former PDA-associated development ) for a priority development area ceases to be PDA-associated development for the area.\ns 48 amd 2016 No. 17 s 96 ; 2016 No. 27 s 176\nsub 2019 No. 11 s 39\n- (a) land (the former PDA land ) ceases to be in a priority development area; or\n- (b) PDA-associated development (the former PDA-associated development ) for a priority development area ceases to be PDA-associated development for the area.","sortOrder":194},{"sectionNumber":"sec.49","sectionType":"section","heading":"References to cessation","content":"### sec.49 References to cessation\n\nIn this subdivision—\na reference to cessation in relation to the former PDA land is, if the context permits, a reference to the time the land ceases to be in the priority development area; and\na reference to cessation in relation to the former PDA-associated development is, if the context permits, a reference to the time the development ceases to be PDA-associated development for the priority development area.\ns 49 amd 2016 No. 17 s 97 ; 2016 No. 27 s 177\nsub 2019 No. 11 s 39\n- (a) a reference to cessation in relation to the former PDA land is, if the context permits, a reference to the time the land ceases to be in the priority development area; and\n- (b) a reference to cessation in relation to the former PDA-associated development is, if the context permits, a reference to the time the development ceases to be PDA-associated development for the priority development area.","sortOrder":195},{"sectionNumber":"sec.50","sectionType":"section","heading":"Existing PDA development approvals","content":"### sec.50 Existing PDA development approvals\n\nThis section applies if, immediately before the cessation, a PDA development approval was in effect for the former PDA land or former PDA-associated development.\nOn the cessation, the PDA development approval is taken to be a development approval under the Planning Act that took effect at the same time as the PDA development approval.\nHowever, subsection (2) does not apply to the extent the PDA development approval involves a water connection aspect.\nFor the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a PDA development approval in effect immediately before the cessation, see division 4A .\ns 50 amd 2016 No. 17 s 98 ; 2016 No. 27 s 178\nsub 2019 No. 11 s 39\n(sec.50-ssec.1) This section applies if, immediately before the cessation, a PDA development approval was in effect for the former PDA land or former PDA-associated development.\n(sec.50-ssec.2) On the cessation, the PDA development approval is taken to be a development approval under the Planning Act that took effect at the same time as the PDA development approval.\n(sec.50-ssec.3) However, subsection (2) does not apply to the extent the PDA development approval involves a water connection aspect. For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a PDA development approval in effect immediately before the cessation, see division 4A .","sortOrder":196},{"sectionNumber":"sec.50A","sectionType":"section","heading":"Existing PDA exemption certificates","content":"### sec.50A Existing PDA exemption certificates\n\nThis section applies if, immediately before the cessation, a PDA exemption certificate is in effect for the former PDA land or former PDA-associated development.\nOn the cessation, the PDA exemption certificate is taken to be an exemption certificate under the Planning Act for—\nif the PDA exemption certificate is for carrying out development on former PDA land—carrying out the development on the land; or\nif the PDA exemption certificate is for carrying out former PDA-associated development on land—carrying out the development on the land.\nThe exemption certificate under the Planning Act takes effect at the same time as the PDA exemption certificate.\nA condition of the PDA exemption certificate is taken to be a condition of the exemption certificate under the Planning Act , even if the condition could not be imposed under that Act.\nSubsections (6) and (7) apply if the PDA exemption certificate states, under section 71A (5) (c) , a period within which a plan mentioned in the section must be given to MEDQ.\nIf the plan has been given to MEDQ within the period and before the cessation, the development is taken, for the Planning Act , section 46 (10) , to comply with a requirement stated under section 46 (9) (c) of that Act.\nIf the plan has not been given to MEDQ before the cessation, the statement mentioned in subsection (5) is taken to be a statement under the Planning Act , section 46 (9) (c) of the period within which a plan mentioned in that section must be given to the local government for the local government area to which the exemption certificate relates.\nThe chief executive of the department responsible for administering the Planning Act must publish on that department’s website a copy of MEDQ’s notice about the PDA exemption certificate published under section 71B (3) .\ns 50A ins 2019 No. 11 s 75\n(sec.50A-ssec.1) This section applies if, immediately before the cessation, a PDA exemption certificate is in effect for the former PDA land or former PDA-associated development.\n(sec.50A-ssec.2) On the cessation, the PDA exemption certificate is taken to be an exemption certificate under the Planning Act for— if the PDA exemption certificate is for carrying out development on former PDA land—carrying out the development on the land; or if the PDA exemption certificate is for carrying out former PDA-associated development on land—carrying out the development on the land.\n(sec.50A-ssec.3) The exemption certificate under the Planning Act takes effect at the same time as the PDA exemption certificate.\n(sec.50A-ssec.4) A condition of the PDA exemption certificate is taken to be a condition of the exemption certificate under the Planning Act , even if the condition could not be imposed under that Act.\n(sec.50A-ssec.5) Subsections (6) and (7) apply if the PDA exemption certificate states, under section 71A (5) (c) , a period within which a plan mentioned in the section must be given to MEDQ.\n(sec.50A-ssec.6) If the plan has been given to MEDQ within the period and before the cessation, the development is taken, for the Planning Act , section 46 (10) , to comply with a requirement stated under section 46 (9) (c) of that Act.\n(sec.50A-ssec.7) If the plan has not been given to MEDQ before the cessation, the statement mentioned in subsection (5) is taken to be a statement under the Planning Act , section 46 (9) (c) of the period within which a plan mentioned in that section must be given to the local government for the local government area to which the exemption certificate relates.\n(sec.50A-ssec.8) The chief executive of the department responsible for administering the Planning Act must publish on that department’s website a copy of MEDQ’s notice about the PDA exemption certificate published under section 71B (3) .\n- (a) if the PDA exemption certificate is for carrying out development on former PDA land—carrying out the development on the land; or\n- (b) if the PDA exemption certificate is for carrying out former PDA-associated development on land—carrying out the development on the land.","sortOrder":197},{"sectionNumber":"sec.51","sectionType":"section","heading":"Existing PDA development applications","content":"### sec.51 Existing PDA development applications\n\nThis section applies to a PDA development application made, but not decided, before the cessation for the former PDA land or former PDA-associated development.\nThe PDA development application must continue to be decided under this Act as if—\nthe cessation had not happened; and\nthe PDA development application were being decided immediately before the cessation.\nIf a PDA development approval is given for the PDA development application, the approval is, immediately after it takes effect under this Act, taken to be a development approval under the Planning Act that took effect at the same time as the PDA development approval.\nHowever, subsection (3) does not apply to the extent the PDA development approval involves a water connection aspect.\nFor the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a PDA development approval given under this section, see division 4A .\ns 51 amd 2016 No. 27 s 179\nsub 2019 No. 11 s 39\n(sec.51-ssec.1) This section applies to a PDA development application made, but not decided, before the cessation for the former PDA land or former PDA-associated development.\n(sec.51-ssec.2) The PDA development application must continue to be decided under this Act as if— the cessation had not happened; and the PDA development application were being decided immediately before the cessation.\n(sec.51-ssec.3) If a PDA development approval is given for the PDA development application, the approval is, immediately after it takes effect under this Act, taken to be a development approval under the Planning Act that took effect at the same time as the PDA development approval.\n(sec.51-ssec.4) However, subsection (3) does not apply to the extent the PDA development approval involves a water connection aspect. For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a PDA development approval given under this section, see division 4A .\n- (a) the cessation had not happened; and\n- (b) the PDA development application were being decided immediately before the cessation.","sortOrder":198},{"sectionNumber":"sec.51AA","sectionType":"section","heading":"Existing amendment applications","content":"### sec.51AA Existing amendment applications\n\nThis section applies if—\nbefore the cessation, an amendment application has been made, but not decided, for a PDA development approval for the former PDA land or former PDA-associated development; and\non the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act .\nThe amendment application must continue to be decided under this Act as if—\nthe cessation had not happened; and\nthe PDA development approval were still a PDA development approval; and\nthe amendment application were being decided immediately before the cessation.\nIf a changed PDA development approval is given for the amendment application, the changed PDA development approval is, immediately after it takes effect under this Act, taken to be a development approval under the Planning Act .\nHowever, subsection (3) does not apply to the extent the changed PDA development approval involves a water connection aspect.\nFor the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed PDA development approval given under this section, see division 4A .\ns 51AA ins 2019 No. 11 s 39\n(sec.51AA-ssec.1) This section applies if— before the cessation, an amendment application has been made, but not decided, for a PDA development approval for the former PDA land or former PDA-associated development; and on the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act .\n(sec.51AA-ssec.2) The amendment application must continue to be decided under this Act as if— the cessation had not happened; and the PDA development approval were still a PDA development approval; and the amendment application were being decided immediately before the cessation.\n(sec.51AA-ssec.3) If a changed PDA development approval is given for the amendment application, the changed PDA development approval is, immediately after it takes effect under this Act, taken to be a development approval under the Planning Act .\n(sec.51AA-ssec.4) However, subsection (3) does not apply to the extent the changed PDA development approval involves a water connection aspect. For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed PDA development approval given under this section, see division 4A .\n- (a) before the cessation, an amendment application has been made, but not decided, for a PDA development approval for the former PDA land or former PDA-associated development; and\n- (b) on the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act .\n- (a) the cessation had not happened; and\n- (b) the PDA development approval were still a PDA development approval; and\n- (c) the amendment application were being decided immediately before the cessation.","sortOrder":199},{"sectionNumber":"sec.51AB","sectionType":"section","heading":"Existing applications to extend currency period","content":"### sec.51AB Existing applications to extend currency period\n\nThis section applies if—\nbefore the cessation, an application has been made under section 101 , but not decided, to extend the currency period of a PDA development approval for—\nthe former PDA land; or\nthe former PDA-associated development; and\non the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act .\nThe application must continue to be decided under this Act as if—\nthe cessation had not happened; and\nthe PDA development approval were still a PDA development approval; and\nthe application were being decided immediately before the cessation.\nIf the decision is to grant the extension, the decision is taken to be a decision under the Planning Act , section 87 to extend the currency period of the development approval under that Act.\nIf the decision is to refuse the extension, the development approval under the Planning Act lapses on the later of the following to happen—\nthe currency period of the PDA development approval under this Act, including any extension of that period under section 102 , ends;\nthe person who made the application is given notice of the decision under section 102 (4) .\nDespite the Planning Act , section 229 , a person may not appeal under that Act against the decision on the application.\ns 51AB ins 2019 No. 11 s 39\n(sec.51AB-ssec.1) This section applies if— before the cessation, an application has been made under section 101 , but not decided, to extend the currency period of a PDA development approval for— the former PDA land; or the former PDA-associated development; and on the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act .\n(sec.51AB-ssec.2) The application must continue to be decided under this Act as if— the cessation had not happened; and the PDA development approval were still a PDA development approval; and the application were being decided immediately before the cessation.\n(sec.51AB-ssec.3) If the decision is to grant the extension, the decision is taken to be a decision under the Planning Act , section 87 to extend the currency period of the development approval under that Act.\n(sec.51AB-ssec.4) If the decision is to refuse the extension, the development approval under the Planning Act lapses on the later of the following to happen— the currency period of the PDA development approval under this Act, including any extension of that period under section 102 , ends; the person who made the application is given notice of the decision under section 102 (4) .\n(sec.51AB-ssec.5) Despite the Planning Act , section 229 , a person may not appeal under that Act against the decision on the application.\n- (a) before the cessation, an application has been made under section 101 , but not decided, to extend the currency period of a PDA development approval for— (i) the former PDA land; or (ii) the former PDA-associated development; and\n- (i) the former PDA land; or\n- (ii) the former PDA-associated development; and\n- (b) on the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act .\n- (i) the former PDA land; or\n- (ii) the former PDA-associated development; and\n- (a) the cessation had not happened; and\n- (b) the PDA development approval were still a PDA development approval; and\n- (c) the application were being decided immediately before the cessation.\n- (a) the currency period of the PDA development approval under this Act, including any extension of that period under section 102 , ends;\n- (b) the person who made the application is given notice of the decision under section 102 (4) .","sortOrder":200},{"sectionNumber":"sec.51AC","sectionType":"section","heading":"Existing appeals to Planning and Environment Court","content":"### sec.51AC Existing appeals to Planning and Environment Court\n\nThis section applies if—\nbefore the cessation, a person has appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for—\nthe former PDA land; or\nthe former PDA-associated development; and\non the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act ; and\nimmediately before the cessation, the appeal has not been decided.\nThe Planning and Environment Court must hear, or continue to hear, and decide the appeal under section 90 as if—\nthe cessation had not happened; and\nthe PDA development approval were still a PDA development approval.\nIf the decision on the appeal is to give a changed or replacement PDA development approval, the changed or replacement PDA development approval is taken to be a development approval under the Planning Act .\nHowever, subsection (3) does not apply to the extent the changed or replacement PDA development approval involves a water connection aspect.\nFor the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed or replacement PDA development approval given under this section, see division 4A .\ns 51AC ins 2019 No. 11 s 39\n(sec.51AC-ssec.1) This section applies if— before the cessation, a person has appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for— the former PDA land; or the former PDA-associated development; and on the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act ; and immediately before the cessation, the appeal has not been decided.\n(sec.51AC-ssec.2) The Planning and Environment Court must hear, or continue to hear, and decide the appeal under section 90 as if— the cessation had not happened; and the PDA development approval were still a PDA development approval.\n(sec.51AC-ssec.3) If the decision on the appeal is to give a changed or replacement PDA development approval, the changed or replacement PDA development approval is taken to be a development approval under the Planning Act .\n(sec.51AC-ssec.4) However, subsection (3) does not apply to the extent the changed or replacement PDA development approval involves a water connection aspect. For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed or replacement PDA development approval given under this section, see division 4A .\n- (a) before the cessation, a person has appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for— (i) the former PDA land; or (ii) the former PDA-associated development; and\n- (i) the former PDA land; or\n- (ii) the former PDA-associated development; and\n- (b) on the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act ; and\n- (c) immediately before the cessation, the appeal has not been decided.\n- (i) the former PDA land; or\n- (ii) the former PDA-associated development; and\n- (a) the cessation had not happened; and\n- (b) the PDA development approval were still a PDA development approval.","sortOrder":201},{"sectionNumber":"sec.51AD","sectionType":"section","heading":"Appeals to Planning and Environment Court after cessation","content":"### sec.51AD Appeals to Planning and Environment Court after cessation\n\nThis section applies if—\nimmediately before the cessation, a person could have appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for—\nthe former PDA land; or\nthe former PDA-associated development; and\non the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act ; and\nimmediately before the cessation, the person has not appealed.\nThis section also applies if a person could have appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval given under section 51 or 51AA if the cessation had not happened.\nThe person may appeal, and the Planning and Environment Court must hear and decide the appeal, under section 90 as if—\nthe cessation had not happened; and\nthe PDA development approval were still a PDA development approval.\nThe appeal must be started within the period mentioned in section 90 (3) .\nIf the decision on the appeal is to give a changed or replacement PDA development approval, that approval is taken to be a development approval under the Planning Act .\nHowever, subsection (5) does not apply to the extent the changed or replacement PDA development approval involves a water connection aspect.\nFor the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed or replacement PDA development approval given under this section, see division 4A .\ns 51AD ins 2019 No. 11 s 39\n(sec.51AD-ssec.1) This section applies if— immediately before the cessation, a person could have appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for— the former PDA land; or the former PDA-associated development; and on the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act ; and immediately before the cessation, the person has not appealed.\n(sec.51AD-ssec.2) This section also applies if a person could have appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval given under section 51 or 51AA if the cessation had not happened.\n(sec.51AD-ssec.3) The person may appeal, and the Planning and Environment Court must hear and decide the appeal, under section 90 as if— the cessation had not happened; and the PDA development approval were still a PDA development approval.\n(sec.51AD-ssec.4) The appeal must be started within the period mentioned in section 90 (3) .\n(sec.51AD-ssec.5) If the decision on the appeal is to give a changed or replacement PDA development approval, that approval is taken to be a development approval under the Planning Act .\n(sec.51AD-ssec.6) However, subsection (5) does not apply to the extent the changed or replacement PDA development approval involves a water connection aspect. For the effect of the cessation of a priority development area or PDA-associated development on the water connection aspect of a changed or replacement PDA development approval given under this section, see division 4A .\n- (a) immediately before the cessation, a person could have appealed under section 90 against MEDQ’s decision to impose a condition on a PDA development approval for— (i) the former PDA land; or (ii) the former PDA-associated development; and\n- (i) the former PDA land; or\n- (ii) the former PDA-associated development; and\n- (b) on the cessation, all or part of the PDA development approval is taken, under section 50 (2) , to be a development approval under the Planning Act ; and\n- (c) immediately before the cessation, the person has not appealed.\n- (i) the former PDA land; or\n- (ii) the former PDA-associated development; and\n- (a) the cessation had not happened; and\n- (b) the PDA development approval were still a PDA development approval.","sortOrder":202},{"sectionNumber":"sec.51AE","sectionType":"section","heading":"Process for approving plans of subdivision","content":"### sec.51AE Process for approving plans of subdivision\n\nThis section applies if the process under section 104 (3) for approving a plan of subdivision for the former PDA land had started, but not ended, before the cessation.\nSection 104 continues to apply in relation to the plan of subdivision as if—\nthe cessation had not happened; and\nfor a plan of subdivision authorised or required under the part of a PDA development permit that, under section 50 (2) , becomes a development approval under the Planning Act —the PDA development permit were still a PDA development permit; and\nfor a plan of subdivision for reconfiguring a lot that, before the cessation, was PDA accepted development—the reconfiguration were still PDA accepted development.\nFor registering the plan of subdivision under the Land Title Act 1994 , anything done by MEDQ under section 104 in relation to the plan is taken to have been done by the local government for the local government area to which the plan relates.\nIn this section—\nplan of subdivision see section 104 (4) .\ns 51AE ins 2019 No. 11 s 39\namd 2024 No. 32 s 26\n(sec.51AE-ssec.1) This section applies if the process under section 104 (3) for approving a plan of subdivision for the former PDA land had started, but not ended, before the cessation.\n(sec.51AE-ssec.2) Section 104 continues to apply in relation to the plan of subdivision as if— the cessation had not happened; and for a plan of subdivision authorised or required under the part of a PDA development permit that, under section 50 (2) , becomes a development approval under the Planning Act —the PDA development permit were still a PDA development permit; and for a plan of subdivision for reconfiguring a lot that, before the cessation, was PDA accepted development—the reconfiguration were still PDA accepted development.\n(sec.51AE-ssec.3) For registering the plan of subdivision under the Land Title Act 1994 , anything done by MEDQ under section 104 in relation to the plan is taken to have been done by the local government for the local government area to which the plan relates.\n(sec.51AE-ssec.4) In this section— plan of subdivision see section 104 (4) .\n- (a) the cessation had not happened; and\n- (b) for a plan of subdivision authorised or required under the part of a PDA development permit that, under section 50 (2) , becomes a development approval under the Planning Act —the PDA development permit were still a PDA development permit; and\n- (c) for a plan of subdivision for reconfiguring a lot that, before the cessation, was PDA accepted development—the reconfiguration were still PDA accepted development.","sortOrder":203},{"sectionNumber":"sec.51AF","sectionType":"section","heading":"Registering particular plans of subdivision approved before cessation","content":"### sec.51AF Registering particular plans of subdivision approved before cessation\n\nThis section applies if—\nbefore the cessation, MEDQ approved a plan of subdivision for the former PDA land under section 104 ; and\nimmediately before the cessation, the plan of subdivision has not been registered under the Land Title Act 1994 .\nFor registering the plan of subdivision under the Land Title Act 1994 , anything done by MEDQ under section 104 in relation to approving the plan is taken to have been done by the local government for the local government area to which the plan relates.\nIn this section—\nplan of subdivision see section 104 (4) .\ns 51AF ins 2019 No. 11 s 39\namd 2024 No. 32 s 27\n(sec.51AF-ssec.1) This section applies if— before the cessation, MEDQ approved a plan of subdivision for the former PDA land under section 104 ; and immediately before the cessation, the plan of subdivision has not been registered under the Land Title Act 1994 .\n(sec.51AF-ssec.2) For registering the plan of subdivision under the Land Title Act 1994 , anything done by MEDQ under section 104 in relation to approving the plan is taken to have been done by the local government for the local government area to which the plan relates.\n(sec.51AF-ssec.3) In this section— plan of subdivision see section 104 (4) .\n- (a) before the cessation, MEDQ approved a plan of subdivision for the former PDA land under section 104 ; and\n- (b) immediately before the cessation, the plan of subdivision has not been registered under the Land Title Act 1994 .","sortOrder":204},{"sectionNumber":"sec.51AG","sectionType":"section","heading":"Lawful uses of premises","content":"### sec.51AG Lawful uses of premises\n\nThis section applies if, immediately before the cessation—\na use of premises that are, or are on, former PDA land is a lawful use of the premises under this or another Act; or\na use of premises as a consequence of the carrying out of former PDA-associated development is a lawful use of the premises under this or another Act.\nOn and from the cessation, the use is taken to be a lawful use of the premises under the Planning Act .\ns 51AG ins 2019 No. 11 s 39\n(sec.51AG-ssec.1) This section applies if, immediately before the cessation— a use of premises that are, or are on, former PDA land is a lawful use of the premises under this or another Act; or a use of premises as a consequence of the carrying out of former PDA-associated development is a lawful use of the premises under this or another Act.\n(sec.51AG-ssec.2) On and from the cessation, the use is taken to be a lawful use of the premises under the Planning Act .\n- (a) a use of premises that are, or are on, former PDA land is a lawful use of the premises under this or another Act; or\n- (b) a use of premises as a consequence of the carrying out of former PDA-associated development is a lawful use of the premises under this or another Act.","sortOrder":205},{"sectionNumber":"sec.51AH","sectionType":"section","heading":"Application of subdivision","content":"### sec.51AH Application of subdivision\n\nThis subdivision applies if all or part of a PDA development approval becomes, under subdivision 2 , a development approval under the Planning Act (a Planning Act approval ).\ns 51AH ins 2019 No. 11 s 39","sortOrder":206},{"sectionNumber":"sec.51AI","sectionType":"section","heading":"Conditions and enforcement authorities under Planning Act","content":"### sec.51AI Conditions and enforcement authorities under Planning Act\n\nA PDA development condition of the PDA development approval or part is taken to be a development condition of the Planning Act approval under the Planning Act , even if the condition could not be imposed under that Act.\nThe enforcement authority under the Planning Act for the development the subject of the Planning Act approval is taken to be the entity that would have been the enforcement authority under that Act if—\nfor a Planning Act approval for former PDA land—the land had never been in a priority development area; and\nfor a Planning Act approval for former PDA-associated development—the development had never been PDA-associated development; and\na development application for the Planning Act approval had been made under that Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 as in effect when the application for the PDA development approval was made.\ns 51AI ins 2019 No. 11 s 39\n(sec.51AI-ssec.1) A PDA development condition of the PDA development approval or part is taken to be a development condition of the Planning Act approval under the Planning Act , even if the condition could not be imposed under that Act.\n(sec.51AI-ssec.2) The enforcement authority under the Planning Act for the development the subject of the Planning Act approval is taken to be the entity that would have been the enforcement authority under that Act if— for a Planning Act approval for former PDA land—the land had never been in a priority development area; and for a Planning Act approval for former PDA-associated development—the development had never been PDA-associated development; and a development application for the Planning Act approval had been made under that Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 as in effect when the application for the PDA development approval was made.\n- (a) for a Planning Act approval for former PDA land—the land had never been in a priority development area; and\n- (b) for a Planning Act approval for former PDA-associated development—the development had never been PDA-associated development; and\n- (c) a development application for the Planning Act approval had been made under that Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 as in effect when the application for the PDA development approval was made.","sortOrder":207},{"sectionNumber":"sec.51AJ","sectionType":"section","heading":"Proceedings about Planning Act approvals","content":"### sec.51AJ Proceedings about Planning Act approvals\n\nDespite the Planning Act , section 229 , a person may not appeal under that Act in relation to—\nthe Planning Act approval or its conditions; or\na decision made under this Act in relation to the Planning Act approval or its conditions.\nTo remove any doubt, it is declared that subsection (1) does not limit or otherwise affect—\nan appeal mentioned in section 51AC (1) (a) or brought under section 51AD ; or\na right to bring an appeal under the Planning Act , section 229 against a decision on either of the following applications made under that Act for the Planning Act approval—\na change application;\nan extension application.\nSubsection (4) applies to a proceeding under the Planning and Environment Court Act 2016 , section 11 seeking a declaration in relation to—\nthe Planning Act approval or its conditions; or\na decision made under this Act in relation to the Planning Act approval or its conditions.\nThe proceeding may be brought only by the entity that is, under section 51AI (2) , the enforcement authority under the Planning Act for the Planning Act approval.\ns 51AJ ins 2019 No. 11 s 39\n(sec.51AJ-ssec.1) Despite the Planning Act , section 229 , a person may not appeal under that Act in relation to— the Planning Act approval or its conditions; or a decision made under this Act in relation to the Planning Act approval or its conditions.\n(sec.51AJ-ssec.2) To remove any doubt, it is declared that subsection (1) does not limit or otherwise affect— an appeal mentioned in section 51AC (1) (a) or brought under section 51AD ; or a right to bring an appeal under the Planning Act , section 229 against a decision on either of the following applications made under that Act for the Planning Act approval— a change application; an extension application.\n(sec.51AJ-ssec.3) Subsection (4) applies to a proceeding under the Planning and Environment Court Act 2016 , section 11 seeking a declaration in relation to— the Planning Act approval or its conditions; or a decision made under this Act in relation to the Planning Act approval or its conditions.\n(sec.51AJ-ssec.4) The proceeding may be brought only by the entity that is, under section 51AI (2) , the enforcement authority under the Planning Act for the Planning Act approval.\n- (a) the Planning Act approval or its conditions; or\n- (b) a decision made under this Act in relation to the Planning Act approval or its conditions.\n- (a) an appeal mentioned in section 51AC (1) (a) or brought under section 51AD ; or\n- (b) a right to bring an appeal under the Planning Act , section 229 against a decision on either of the following applications made under that Act for the Planning Act approval— (i) a change application; (ii) an extension application.\n- (i) a change application;\n- (ii) an extension application.\n- (i) a change application;\n- (ii) an extension application.\n- (a) the Planning Act approval or its conditions; or\n- (b) a decision made under this Act in relation to the Planning Act approval or its conditions.","sortOrder":208},{"sectionNumber":"sec.51AK","sectionType":"section","heading":"Lapsing of Planning Act approvals","content":"### sec.51AK Lapsing of Planning Act approvals\n\nSection 100 (2) to (5) continues to apply in relation to the Planning Act approval, instead of the Planning Act , section 85 —\nas if a reference in section 100 to a PDA development approval were a reference to the Planning Act approval; and\nsubject to—\nsection 51AB (4) ; and\nany extension of the currency period of the PDA development approval given under this Act; and\nany extension of the currency period of the Planning Act approval given under the Planning Act ; and\nwith any other necessary changes.\nSubsection (3) applies if—\nthe Planning Act approval is for reconfiguring a lot; and\na plan for the reconfiguration was not given to MEDQ under section 100 (2) (b) before the approval became a Planning Act approval.\nSection 100 (2) (b) applies in relation to the Planning Act approval as if a reference in the section to MEDQ were a reference to the local government for the local government area to which the approval relates.\ns 51AK ins 2019 No. 11 s 39\n(sec.51AK-ssec.1) Section 100 (2) to (5) continues to apply in relation to the Planning Act approval, instead of the Planning Act , section 85 — as if a reference in section 100 to a PDA development approval were a reference to the Planning Act approval; and subject to— section 51AB (4) ; and any extension of the currency period of the PDA development approval given under this Act; and any extension of the currency period of the Planning Act approval given under the Planning Act ; and with any other necessary changes.\n(sec.51AK-ssec.2) Subsection (3) applies if— the Planning Act approval is for reconfiguring a lot; and a plan for the reconfiguration was not given to MEDQ under section 100 (2) (b) before the approval became a Planning Act approval.\n(sec.51AK-ssec.3) Section 100 (2) (b) applies in relation to the Planning Act approval as if a reference in the section to MEDQ were a reference to the local government for the local government area to which the approval relates.\n- (a) as if a reference in section 100 to a PDA development approval were a reference to the Planning Act approval; and\n- (b) subject to— (i) section 51AB (4) ; and (ii) any extension of the currency period of the PDA development approval given under this Act; and (iii) any extension of the currency period of the Planning Act approval given under the Planning Act ; and\n- (i) section 51AB (4) ; and\n- (ii) any extension of the currency period of the PDA development approval given under this Act; and\n- (iii) any extension of the currency period of the Planning Act approval given under the Planning Act ; and\n- (c) with any other necessary changes.\n- (i) section 51AB (4) ; and\n- (ii) any extension of the currency period of the PDA development approval given under this Act; and\n- (iii) any extension of the currency period of the Planning Act approval given under the Planning Act ; and\n- (a) the Planning Act approval is for reconfiguring a lot; and\n- (b) a plan for the reconfiguration was not given to MEDQ under section 100 (2) (b) before the approval became a Planning Act approval.","sortOrder":209},{"sectionNumber":"sec.51AL","sectionType":"section","heading":"Extension applications under Planning Act for Planning Act approvals","content":"### sec.51AL Extension applications under Planning Act for Planning Act approvals\n\nFor applying the relevant planning provisions to an extension application under the Planning Act for the Planning Act approval—\nthe approval’s currency period is taken to be the currency period applying for the Planning Act approval under section 100 , as applied under section 51AK , including any extension of that period—\ngiven under this Act for the PDA development approval; or\ngiven under the Planning Act ; and\na reference in the relevant planning provisions to the assessment manager includes a reference to the entity that would be the prescribed assessment manager for a development application made under the Planning Act —\nfor the development the subject of the Planning Act approval; and\nat the time the extension application is made; and\na reference in the relevant planning provisions to a referral agency or concurrence agency includes a reference to—\nan entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and\nanother entity prescribed by regulation; and\na reference in the Planning Act , section 87 (7) to section 85 of that Act includes a reference to section 100 (2) ; and\nthe relevant planning provisions apply with any other necessary changes.\nIn this section—\nrelevant planning provisions means the following provisions—\nthe Planning Act , sections 86 and 87 ;\nthe Planning Act , chapter 3 , part 6 ;\nthe Planning Act , section 229 ;\nthe Planning Act , schedule 1 , section 1 , table 1, item 3;\nthe development assessment rules under the Planning Act .\ns 51AL ins 2019 No. 11 s 39\n(sec.51AL-ssec.1) For applying the relevant planning provisions to an extension application under the Planning Act for the Planning Act approval— the approval’s currency period is taken to be the currency period applying for the Planning Act approval under section 100 , as applied under section 51AK , including any extension of that period— given under this Act for the PDA development approval; or given under the Planning Act ; and a reference in the relevant planning provisions to the assessment manager includes a reference to the entity that would be the prescribed assessment manager for a development application made under the Planning Act — for the development the subject of the Planning Act approval; and at the time the extension application is made; and a reference in the relevant planning provisions to a referral agency or concurrence agency includes a reference to— an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and another entity prescribed by regulation; and a reference in the Planning Act , section 87 (7) to section 85 of that Act includes a reference to section 100 (2) ; and the relevant planning provisions apply with any other necessary changes.\n(sec.51AL-ssec.2) In this section— relevant planning provisions means the following provisions— the Planning Act , sections 86 and 87 ; the Planning Act , chapter 3 , part 6 ; the Planning Act , section 229 ; the Planning Act , schedule 1 , section 1 , table 1, item 3; the development assessment rules under the Planning Act .\n- (a) the approval’s currency period is taken to be the currency period applying for the Planning Act approval under section 100 , as applied under section 51AK , including any extension of that period— (i) given under this Act for the PDA development approval; or (ii) given under the Planning Act ; and\n- (i) given under this Act for the PDA development approval; or\n- (ii) given under the Planning Act ; and\n- (b) a reference in the relevant planning provisions to the assessment manager includes a reference to the entity that would be the prescribed assessment manager for a development application made under the Planning Act — (i) for the development the subject of the Planning Act approval; and (ii) at the time the extension application is made; and\n- (i) for the development the subject of the Planning Act approval; and\n- (ii) at the time the extension application is made; and\n- (c) a reference in the relevant planning provisions to a referral agency or concurrence agency includes a reference to— (i) an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and (ii) another entity prescribed by regulation; and\n- (i) an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and\n- (ii) another entity prescribed by regulation; and\n- (d) a reference in the Planning Act , section 87 (7) to section 85 of that Act includes a reference to section 100 (2) ; and\n- (e) the relevant planning provisions apply with any other necessary changes.\n- (i) given under this Act for the PDA development approval; or\n- (ii) given under the Planning Act ; and\n- (i) for the development the subject of the Planning Act approval; and\n- (ii) at the time the extension application is made; and\n- (i) an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and\n- (ii) another entity prescribed by regulation; and\n- (a) the Planning Act , sections 86 and 87 ;\n- (b) the Planning Act , chapter 3 , part 6 ;\n- (c) the Planning Act , section 229 ;\n- (d) the Planning Act , schedule 1 , section 1 , table 1, item 3;\n- (e) the development assessment rules under the Planning Act .","sortOrder":210},{"sectionNumber":"sec.51AM","sectionType":"section","heading":"Changes to Planning Act approvals that are minor changes for Planning Act","content":"### sec.51AM Changes to Planning Act approvals that are minor changes for Planning Act\n\nThis section applies if a change application is made under the Planning Act for the Planning Act approval.\nDespite the Planning Act , schedule 2 , definition minor change , the change to the Planning Act approval is a minor change for that Act unless—\nthe change results in substantially different development; or\nthe development the subject of the Planning Act approval, including the change, is prohibited development under the Planning Act ; or\nboth of the following apply—\na development application for the development the subject of the Planning Act approval, made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 when the application for the PDA development approval was made, would not have required public notification under the Act under which it was made;\na development application for the development the subject of the Planning Act approval, including the change, made under the Planning Act when the change application was made, would require public notification under section 53 of that Act.\ns 51AM ins 2019 No. 11 s 39\n(sec.51AM-ssec.1) This section applies if a change application is made under the Planning Act for the Planning Act approval.\n(sec.51AM-ssec.2) Despite the Planning Act , schedule 2 , definition minor change , the change to the Planning Act approval is a minor change for that Act unless— the change results in substantially different development; or the development the subject of the Planning Act approval, including the change, is prohibited development under the Planning Act ; or both of the following apply— a development application for the development the subject of the Planning Act approval, made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 when the application for the PDA development approval was made, would not have required public notification under the Act under which it was made; a development application for the development the subject of the Planning Act approval, including the change, made under the Planning Act when the change application was made, would require public notification under section 53 of that Act.\n- (a) the change results in substantially different development; or\n- (b) the development the subject of the Planning Act approval, including the change, is prohibited development under the Planning Act ; or\n- (c) both of the following apply— (i) a development application for the development the subject of the Planning Act approval, made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 when the application for the PDA development approval was made, would not have required public notification under the Act under which it was made; (ii) a development application for the development the subject of the Planning Act approval, including the change, made under the Planning Act when the change application was made, would require public notification under section 53 of that Act.\n- (i) a development application for the development the subject of the Planning Act approval, made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 when the application for the PDA development approval was made, would not have required public notification under the Act under which it was made;\n- (ii) a development application for the development the subject of the Planning Act approval, including the change, made under the Planning Act when the change application was made, would require public notification under section 53 of that Act.\n- (i) a development application for the development the subject of the Planning Act approval, made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 when the application for the PDA development approval was made, would not have required public notification under the Act under which it was made;\n- (ii) a development application for the development the subject of the Planning Act approval, including the change, made under the Planning Act when the change application was made, would require public notification under section 53 of that Act.","sortOrder":211},{"sectionNumber":"sec.51AN","sectionType":"section","heading":"Responsible entities for change applications under Planning Act for Planning Act approvals","content":"### sec.51AN Responsible entities for change applications under Planning Act for Planning Act approvals\n\nDespite the Planning Act , section 78A (1) , the responsible entity for a change application made under that Act to change the Planning Act approval is—\nif the change is, under section 51AM , a minor change to a condition of the Planning Act approval for which there was, under section 88 (a) , a nominated assessing authority—the nominated assessing authority; or\nif the change is to another condition of the Planning Act approval that was a PDA development condition of the PDA development approval—the entity prescribed by regulation; or\nif paragraphs (a) and (b) do not apply—the entity that would be the prescribed assessment manager for a development application made under the Planning Act —\nfor the development the subject of the Planning Act approval, including the change; and\nat the time the change application is made.\ns 51AN ins 2019 No. 11 s 39\n- (a) if the change is, under section 51AM , a minor change to a condition of the Planning Act approval for which there was, under section 88 (a) , a nominated assessing authority—the nominated assessing authority; or\n- (b) if the change is to another condition of the Planning Act approval that was a PDA development condition of the PDA development approval—the entity prescribed by regulation; or\n- (c) if paragraphs (a) and (b) do not apply—the entity that would be the prescribed assessment manager for a development application made under the Planning Act — (i) for the development the subject of the Planning Act approval, including the change; and (ii) at the time the change application is made.\n- (i) for the development the subject of the Planning Act approval, including the change; and\n- (ii) at the time the change application is made.\n- (i) for the development the subject of the Planning Act approval, including the change; and\n- (ii) at the time the change application is made.","sortOrder":212},{"sectionNumber":"sec.51AO","sectionType":"section","heading":"Change applications under Planning Act for Planning Act approvals","content":"### sec.51AO Change applications under Planning Act for Planning Act approvals\n\nFor applying the relevant planning provisions to a change application made under the Planning Act to change the Planning Act approval—\na reference in the Planning Act , section 78A (2) , (3) or (4) to section 78A (1) of that Act includes a reference to section 51AN ; and\na reference in the relevant planning provisions to the assessment manager includes a reference to the entity mentioned in section 51AN (c) ; and\nif the change is a minor change for the Planning Act under section 51AM —a reference in the relevant planning provisions to a referral agency includes a reference to—\nan entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and\nanother entity prescribed by regulation; and\nthe relevant planning provisions apply with any other necessary changes.\nFor applying the Planning Act , section 82 to the change application, a reference in section 82 (2) (a) (ii) of that Act to the original development application includes a reference to the application for the PDA development approval.\nIf the responsible entity for the change application under the Planning Act must, in assessing the application, consider a matter mentioned in section 81 (2) (d) , (e) or (f) of that Act—\nsection 81 (4) and (5) (c) of that Act applies for the assessment as if a reference in that section to when the development application for the development approval was properly made were a reference to when the change application was made; and\nsection 81 (5) (a) of that Act does not apply for the assessment.\nIn this section—\nrelevant planning provisions means the following provisions—\nthe Planning Act , chapter 3 , part 5 , division 2 , subdivision 2 other than section 78A (1) or 82 ;\nthe Planning Act , chapter 3 , part 5 , division 2 , subdivision 3 ;\nthe Planning Act , chapter 3 , part 6 or 6A ;\nthe Planning Act , section 229 ;\nthe Planning Act , schedule 1 , section 1 , table 1, item 2;\nthe development assessment rules under the Planning Act .\ns 51AO ins 2019 No. 11 s 39\namd 2024 No. 13 s 6\n(sec.51AO-ssec.1) For applying the relevant planning provisions to a change application made under the Planning Act to change the Planning Act approval— a reference in the Planning Act , section 78A (2) , (3) or (4) to section 78A (1) of that Act includes a reference to section 51AN ; and a reference in the relevant planning provisions to the assessment manager includes a reference to the entity mentioned in section 51AN (c) ; and if the change is a minor change for the Planning Act under section 51AM —a reference in the relevant planning provisions to a referral agency includes a reference to— an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and another entity prescribed by regulation; and the relevant planning provisions apply with any other necessary changes.\n(sec.51AO-ssec.2) For applying the Planning Act , section 82 to the change application, a reference in section 82 (2) (a) (ii) of that Act to the original development application includes a reference to the application for the PDA development approval.\n(sec.51AO-ssec.3) If the responsible entity for the change application under the Planning Act must, in assessing the application, consider a matter mentioned in section 81 (2) (d) , (e) or (f) of that Act— section 81 (4) and (5) (c) of that Act applies for the assessment as if a reference in that section to when the development application for the development approval was properly made were a reference to when the change application was made; and section 81 (5) (a) of that Act does not apply for the assessment.\n(sec.51AO-ssec.4) In this section— relevant planning provisions means the following provisions— the Planning Act , chapter 3 , part 5 , division 2 , subdivision 2 other than section 78A (1) or 82 ; the Planning Act , chapter 3 , part 5 , division 2 , subdivision 3 ; the Planning Act , chapter 3 , part 6 or 6A ; the Planning Act , section 229 ; the Planning Act , schedule 1 , section 1 , table 1, item 2; the development assessment rules under the Planning Act .\n- (a) a reference in the Planning Act , section 78A (2) , (3) or (4) to section 78A (1) of that Act includes a reference to section 51AN ; and\n- (b) a reference in the relevant planning provisions to the assessment manager includes a reference to the entity mentioned in section 51AN (c) ; and\n- (c) if the change is a minor change for the Planning Act under section 51AM —a reference in the relevant planning provisions to a referral agency includes a reference to— (i) an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and (ii) another entity prescribed by regulation; and\n- (i) an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and\n- (ii) another entity prescribed by regulation; and\n- (d) the relevant planning provisions apply with any other necessary changes.\n- (i) an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and\n- (ii) another entity prescribed by regulation; and\n- (a) section 81 (4) and (5) (c) of that Act applies for the assessment as if a reference in that section to when the development application for the development approval was properly made were a reference to when the change application was made; and\n- (b) section 81 (5) (a) of that Act does not apply for the assessment.\n- (a) the Planning Act , chapter 3 , part 5 , division 2 , subdivision 2 other than section 78A (1) or 82 ;\n- (b) the Planning Act , chapter 3 , part 5 , division 2 , subdivision 3 ;\n- (c) the Planning Act , chapter 3 , part 6 or 6A ;\n- (d) the Planning Act , section 229 ;\n- (e) the Planning Act , schedule 1 , section 1 , table 1, item 2;\n- (f) the development assessment rules under the Planning Act .","sortOrder":213},{"sectionNumber":"sec.51AP","sectionType":"section","heading":"Cancellation applications under Planning Act for Planning Act approvals","content":"### sec.51AP Cancellation applications under Planning Act for Planning Act approvals\n\nFor applying the relevant planning provisions to a cancellation application under the Planning Act for the Planning Act approval—\na reference in the relevant planning provisions to the assessment manager includes a reference to the entity that would be the prescribed assessment manager for a development application made under the Planning Act —\nfor the development the subject of the Planning Act approval; and\nat the time the cancellation application is made; and\na reference in the relevant planning provisions to a referral agency includes a reference to—\nan entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and\nanother entity prescribed by regulation; and\nthe relevant planning provisions apply with any other necessary changes.\nIn this section—\nrelevant planning provisions means the following provisions—\nthe Planning Act , section 84 ;\nthe Planning Act , chapter 3 , part 6 ;\nthe development assessment rules under the Planning Act .\ns 51AP ins 2019 No. 11 s 39\n(sec.51AP-ssec.1) For applying the relevant planning provisions to a cancellation application under the Planning Act for the Planning Act approval— a reference in the relevant planning provisions to the assessment manager includes a reference to the entity that would be the prescribed assessment manager for a development application made under the Planning Act — for the development the subject of the Planning Act approval; and at the time the cancellation application is made; and a reference in the relevant planning provisions to a referral agency includes a reference to— an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and another entity prescribed by regulation; and the relevant planning provisions apply with any other necessary changes.\n(sec.51AP-ssec.2) In this section— relevant planning provisions means the following provisions— the Planning Act , section 84 ; the Planning Act , chapter 3 , part 6 ; the development assessment rules under the Planning Act .\n- (a) a reference in the relevant planning provisions to the assessment manager includes a reference to the entity that would be the prescribed assessment manager for a development application made under the Planning Act — (i) for the development the subject of the Planning Act approval; and (ii) at the time the cancellation application is made; and\n- (i) for the development the subject of the Planning Act approval; and\n- (ii) at the time the cancellation application is made; and\n- (b) a reference in the relevant planning provisions to a referral agency includes a reference to— (i) an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and (ii) another entity prescribed by regulation; and\n- (i) an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and\n- (ii) another entity prescribed by regulation; and\n- (c) the relevant planning provisions apply with any other necessary changes.\n- (i) for the development the subject of the Planning Act approval; and\n- (ii) at the time the cancellation application is made; and\n- (i) an entity that was, under section 88 (a) , a nominated assessing authority for a PDA development condition of the PDA development approval, if the condition is a condition of the Planning Act approval; and\n- (ii) another entity prescribed by regulation; and\n- (a) the Planning Act , section 84 ;\n- (b) the Planning Act , chapter 3 , part 6 ;\n- (c) the development assessment rules under the Planning Act .","sortOrder":214},{"sectionNumber":"sec.51AQ","sectionType":"section","heading":"Other matters about Planning Act approvals","content":"### sec.51AQ Other matters about Planning Act approvals\n\nDespite the Planning Act , section 119 (2) , the local government for the local government area to which the Planning Act approval relates must not give an infrastructure charges notice under that Act for the approval.\nHowever, if a change application or extension application made under the Planning Act is approved for the Planning Act approval, the local government may give an infrastructure charges notice under that Act for the Planning Act approval if the notice relates to the change to, or extension of, the Planning Act approval.\nDespite the Planning Act , section 139 (1) , a person can not make a conversion application under the Planning Act in relation to a condition of the Planning Act approval that was a PDA development condition of the PDA development approval.\nA regulation may—\nfor the Planning Act , provide that development on former PDA land, or that is former PDA-associated development, is accepted development under that Act if—\nthe Planning Act approval implies the development is to be carried out; and\nimmediately before the land ceased to be in a priority development area, or the development ceased to be PDA-associated development, the development was PDA accepted development; and\nthe development complies with any requirements for the development stated in the regulation; or\nif a condition of the Planning Act approval requires a document or thing to be given to, or approved by, MEDQ—state the entity the document or thing must be given to, or approved by, in place of MEDQ; or\nmake provision about another matter necessary or convenient to give effect to the transition from the PDA development approval to the Planning Act approval for which this Act does not make provision or sufficient provision.\ns 51AQ ins 2019 No. 11 s 39\n(sec.51AQ-ssec.1) Despite the Planning Act , section 119 (2) , the local government for the local government area to which the Planning Act approval relates must not give an infrastructure charges notice under that Act for the approval.\n(sec.51AQ-ssec.2) However, if a change application or extension application made under the Planning Act is approved for the Planning Act approval, the local government may give an infrastructure charges notice under that Act for the Planning Act approval if the notice relates to the change to, or extension of, the Planning Act approval.\n(sec.51AQ-ssec.3) Despite the Planning Act , section 139 (1) , a person can not make a conversion application under the Planning Act in relation to a condition of the Planning Act approval that was a PDA development condition of the PDA development approval.\n(sec.51AQ-ssec.4) A regulation may— for the Planning Act , provide that development on former PDA land, or that is former PDA-associated development, is accepted development under that Act if— the Planning Act approval implies the development is to be carried out; and immediately before the land ceased to be in a priority development area, or the development ceased to be PDA-associated development, the development was PDA accepted development; and the development complies with any requirements for the development stated in the regulation; or if a condition of the Planning Act approval requires a document or thing to be given to, or approved by, MEDQ—state the entity the document or thing must be given to, or approved by, in place of MEDQ; or make provision about another matter necessary or convenient to give effect to the transition from the PDA development approval to the Planning Act approval for which this Act does not make provision or sufficient provision.\n- (a) for the Planning Act , provide that development on former PDA land, or that is former PDA-associated development, is accepted development under that Act if— (i) the Planning Act approval implies the development is to be carried out; and (ii) immediately before the land ceased to be in a priority development area, or the development ceased to be PDA-associated development, the development was PDA accepted development; and (iii) the development complies with any requirements for the development stated in the regulation; or\n- (i) the Planning Act approval implies the development is to be carried out; and\n- (ii) immediately before the land ceased to be in a priority development area, or the development ceased to be PDA-associated development, the development was PDA accepted development; and\n- (iii) the development complies with any requirements for the development stated in the regulation; or\n- (b) if a condition of the Planning Act approval requires a document or thing to be given to, or approved by, MEDQ—state the entity the document or thing must be given to, or approved by, in place of MEDQ; or\n- (c) make provision about another matter necessary or convenient to give effect to the transition from the PDA development approval to the Planning Act approval for which this Act does not make provision or sufficient provision.\n- (i) the Planning Act approval implies the development is to be carried out; and\n- (ii) immediately before the land ceased to be in a priority development area, or the development ceased to be PDA-associated development, the development was PDA accepted development; and\n- (iii) the development complies with any requirements for the development stated in the regulation; or","sortOrder":215},{"sectionNumber":"ch.3-pt.2-div.4A","sectionType":"division","heading":"Relationship with South-East Queensland Water (Distribution and Retail Restructuring) Act 2009","content":"## Relationship with South-East Queensland Water (Distribution and Retail Restructuring) Act 2009","sortOrder":216},{"sectionNumber":"sec.51AR","sectionType":"section","heading":"Application of division","content":"### sec.51AR Application of division\n\nThis division applies if—\neither—\nland (the former PDA land ) ceases to be in a priority development area; or\nPDA-associated development (the former PDA-associated development ) for a priority development area ceases to be PDA-associated development for the area; and\na PDA development approval—\nwas, immediately before the cessation, in effect for the former PDA land or former PDA-associated development; or\nis given under division 4 , subdivision 2 for the former PDA land or former PDA-associated development; and\nthe PDA development approval involves an aspect (a water connection aspect ) that—\nis in relation to a connection under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for which a water approval is required under that Act; and\nfor a PDA development approval that is prescribed by regulation and was in effect immediately before the cessation—is prescribed by a regulation that commences on or before the cessation.\ns 51AR ins 2019 No. 11 s 40\n- (a) either— (i) land (the former PDA land ) ceases to be in a priority development area; or (ii) PDA-associated development (the former PDA-associated development ) for a priority development area ceases to be PDA-associated development for the area; and\n- (i) land (the former PDA land ) ceases to be in a priority development area; or\n- (ii) PDA-associated development (the former PDA-associated development ) for a priority development area ceases to be PDA-associated development for the area; and\n- (b) a PDA development approval— (i) was, immediately before the cessation, in effect for the former PDA land or former PDA-associated development; or (ii) is given under division 4 , subdivision 2 for the former PDA land or former PDA-associated development; and\n- (i) was, immediately before the cessation, in effect for the former PDA land or former PDA-associated development; or\n- (ii) is given under division 4 , subdivision 2 for the former PDA land or former PDA-associated development; and\n- (c) the PDA development approval involves an aspect (a water connection aspect ) that— (i) is in relation to a connection under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for which a water approval is required under that Act; and (ii) for a PDA development approval that is prescribed by regulation and was in effect immediately before the cessation—is prescribed by a regulation that commences on or before the cessation.\n- (i) is in relation to a connection under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for which a water approval is required under that Act; and\n- (ii) for a PDA development approval that is prescribed by regulation and was in effect immediately before the cessation—is prescribed by a regulation that commences on or before the cessation.\n- (i) land (the former PDA land ) ceases to be in a priority development area; or\n- (ii) PDA-associated development (the former PDA-associated development ) for a priority development area ceases to be PDA-associated development for the area; and\n- (i) was, immediately before the cessation, in effect for the former PDA land or former PDA-associated development; or\n- (ii) is given under division 4 , subdivision 2 for the former PDA land or former PDA-associated development; and\n- (i) is in relation to a connection under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for which a water approval is required under that Act; and\n- (ii) for a PDA development approval that is prescribed by regulation and was in effect immediately before the cessation—is prescribed by a regulation that commences on or before the cessation.","sortOrder":217},{"sectionNumber":"sec.51AS","sectionType":"section","heading":"References to cessation","content":"### sec.51AS References to cessation\n\nIn this division—\na reference to cessation in relation to the former PDA land is, if the context permits, a reference to the time the land ceases to be in the priority development area; and\na reference to cessation in relation to the former PDA-associated development is, if the context permits, a reference to the time the development ceases to be PDA-associated development for the priority development area.\ns 51AS ins 2019 No. 11 s 40\n- (a) a reference to cessation in relation to the former PDA land is, if the context permits, a reference to the time the land ceases to be in the priority development area; and\n- (b) a reference to cessation in relation to the former PDA-associated development is, if the context permits, a reference to the time the development ceases to be PDA-associated development for the priority development area.","sortOrder":218},{"sectionNumber":"sec.51AT","sectionType":"section","heading":"Conversion of water connection aspects of PDA development approvals","content":"### sec.51AT Conversion of water connection aspects of PDA development approvals\n\nSubsection (2) applies if a water approval is in effect for the land to which the PDA development approval relates—\nfor a PDA development approval that was in effect for the former PDA land or former PDA-associated development immediately before the cessation—immediately before the cessation; or\notherwise—immediately before the PDA development approval is given.\nThe water connection aspect of the PDA development approval is taken to be part of the water approval.\nIf subsection (2) does not apply, the water connection aspect of the PDA development approval continues in effect as a PDA development approval—\nas if the cessation had not happened; and\nuntil the part of the PDA development approval that becomes, under division 4 , subdivision 2 , a Planning Act approval stops having effect.\nHowever, if a water approval is given for the land to which the PDA development approval relates while the water connection aspect is in effect as a PDA development approval under subsection (3) , the water connection aspect is taken to be part of the water approval.\nTo remove any doubt, it is declared that this section does not limit or otherwise affect a requirement under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for a water approval to be obtained for the making of a connection under that Act.\ns 51AT ins 2019 No. 11 s 40\n(sec.51AT-ssec.1) Subsection (2) applies if a water approval is in effect for the land to which the PDA development approval relates— for a PDA development approval that was in effect for the former PDA land or former PDA-associated development immediately before the cessation—immediately before the cessation; or otherwise—immediately before the PDA development approval is given.\n(sec.51AT-ssec.2) The water connection aspect of the PDA development approval is taken to be part of the water approval.\n(sec.51AT-ssec.3) If subsection (2) does not apply, the water connection aspect of the PDA development approval continues in effect as a PDA development approval— as if the cessation had not happened; and until the part of the PDA development approval that becomes, under division 4 , subdivision 2 , a Planning Act approval stops having effect.\n(sec.51AT-ssec.4) However, if a water approval is given for the land to which the PDA development approval relates while the water connection aspect is in effect as a PDA development approval under subsection (3) , the water connection aspect is taken to be part of the water approval.\n(sec.51AT-ssec.5) To remove any doubt, it is declared that this section does not limit or otherwise affect a requirement under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 for a water approval to be obtained for the making of a connection under that Act.\n- (a) for a PDA development approval that was in effect for the former PDA land or former PDA-associated development immediately before the cessation—immediately before the cessation; or\n- (b) otherwise—immediately before the PDA development approval is given.\n- (a) as if the cessation had not happened; and\n- (b) until the part of the PDA development approval that becomes, under division 4 , subdivision 2 , a Planning Act approval stops having effect.","sortOrder":219},{"sectionNumber":"sec.51AU","sectionType":"section","heading":"Provisions about water connection aspects that are taken to be part of water approvals","content":"### sec.51AU Provisions about water connection aspects that are taken to be part of water approvals\n\nThis section applies if the water connection aspect of the PDA development approval is taken to be part of a water approval under section 51AT (2) or (4) .\nA PDA development condition of the water connection aspect is taken to be a water approval condition of the water approval under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , even if the condition could not be imposed under that Act.\nDespite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , chapter 4C , part 4 , there is no review or appeal right under that Act in relation to—\nthe part of the water approval that was the water connection aspect; or\na decision made under this Act in relation to the part of the water approval that was the water connection aspect.\nTo remove any doubt, it is declared that subsection (3) does not limit or otherwise affect—\nan appeal mentioned in section 51AC (1) (a) or brought under section 51AD ; or\na review or appeal right under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , chapter 4C , part 4 , in relation to a decision under section 99BRAK of that Act about a request to amend a water approval condition of the water approval.\nDespite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 99BRCI (2) , a distributor-retailer must not give an infrastructure charges notice under that Act for the part of the water approval that was the water connection aspect.\nHowever, if the part of the water approval that was the water connection aspect is amended under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 99BRAK , an infrastructure charges notice may be given under that Act in relation to the amendment.\nDespite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 99BRDE (1) , a person can not make a conversion application under that Act in relation to a condition of the water approval that was a PDA development condition.\nA regulation may—\nif the water connection aspect requires a document or thing to be given to, or approved by, MEDQ—state the entity the document or thing must be given to, or approved by, in place of MEDQ; or\nmake provision about another matter necessary or convenient to give effect to the transition from the water connection aspect of the PDA development approval to the water approval for which this Act does not make provision or sufficient provision.\ns 51AU ins 2019 No. 11 s 40\n(sec.51AU-ssec.1) This section applies if the water connection aspect of the PDA development approval is taken to be part of a water approval under section 51AT (2) or (4) .\n(sec.51AU-ssec.2) A PDA development condition of the water connection aspect is taken to be a water approval condition of the water approval under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , even if the condition could not be imposed under that Act.\n(sec.51AU-ssec.3) Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , chapter 4C , part 4 , there is no review or appeal right under that Act in relation to— the part of the water approval that was the water connection aspect; or a decision made under this Act in relation to the part of the water approval that was the water connection aspect.\n(sec.51AU-ssec.4) To remove any doubt, it is declared that subsection (3) does not limit or otherwise affect— an appeal mentioned in section 51AC (1) (a) or brought under section 51AD ; or a review or appeal right under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , chapter 4C , part 4 , in relation to a decision under section 99BRAK of that Act about a request to amend a water approval condition of the water approval.\n(sec.51AU-ssec.5) Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 99BRCI (2) , a distributor-retailer must not give an infrastructure charges notice under that Act for the part of the water approval that was the water connection aspect.\n(sec.51AU-ssec.6) However, if the part of the water approval that was the water connection aspect is amended under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 99BRAK , an infrastructure charges notice may be given under that Act in relation to the amendment.\n(sec.51AU-ssec.7) Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 99BRDE (1) , a person can not make a conversion application under that Act in relation to a condition of the water approval that was a PDA development condition.\n(sec.51AU-ssec.8) A regulation may— if the water connection aspect requires a document or thing to be given to, or approved by, MEDQ—state the entity the document or thing must be given to, or approved by, in place of MEDQ; or make provision about another matter necessary or convenient to give effect to the transition from the water connection aspect of the PDA development approval to the water approval for which this Act does not make provision or sufficient provision.\n- (a) the part of the water approval that was the water connection aspect; or\n- (b) a decision made under this Act in relation to the part of the water approval that was the water connection aspect.\n- (a) an appeal mentioned in section 51AC (1) (a) or brought under section 51AD ; or\n- (b) a review or appeal right under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , chapter 4C , part 4 , in relation to a decision under section 99BRAK of that Act about a request to amend a water approval condition of the water approval.\n- (a) if the water connection aspect requires a document or thing to be given to, or approved by, MEDQ—state the entity the document or thing must be given to, or approved by, in place of MEDQ; or\n- (b) make provision about another matter necessary or convenient to give effect to the transition from the water connection aspect of the PDA development approval to the water approval for which this Act does not make provision or sufficient provision.","sortOrder":220},{"sectionNumber":"ch.3-pt.2-div.4B","sectionType":"division","heading":"Public thoroughfare easements","content":"## Public thoroughfare easements","sortOrder":221},{"sectionNumber":"sec.51AV","sectionType":"section","heading":"Registration of public thoroughfare easement under Land Title Act 1994","content":"### sec.51AV Registration of public thoroughfare easement under Land Title Act 1994\n\nThis section applies in relation to an instrument of easement—\nover freehold land that is in a priority development area or is PDA-associated land for a priority development area; and\nfor a right of way for the public; and\nin favour of a local government.\nThe Land Title Act 1994 , section 89 (6) does not apply in relation to the registration under that Act of the instrument of easement.\nIf the instrument of easement may, but for subsection (2) , be refused registration under the Land Title Act 1994 , section 89 (6) —\nthe easement created on registration of the instrument is taken to be a public thoroughfare easement under that Act; and\nsection 89 (4) of that Act does not apply to the easement.\ns 51AV ins 2019 No. 11 s 76\n(sec.51AV-ssec.1) This section applies in relation to an instrument of easement— over freehold land that is in a priority development area or is PDA-associated land for a priority development area; and for a right of way for the public; and in favour of a local government.\n(sec.51AV-ssec.2) The Land Title Act 1994 , section 89 (6) does not apply in relation to the registration under that Act of the instrument of easement.\n(sec.51AV-ssec.3) If the instrument of easement may, but for subsection (2) , be refused registration under the Land Title Act 1994 , section 89 (6) — the easement created on registration of the instrument is taken to be a public thoroughfare easement under that Act; and section 89 (4) of that Act does not apply to the easement.\n- (a) over freehold land that is in a priority development area or is PDA-associated land for a priority development area; and\n- (b) for a right of way for the public; and\n- (c) in favour of a local government.\n- (a) the easement created on registration of the instrument is taken to be a public thoroughfare easement under that Act; and\n- (b) section 89 (4) of that Act does not apply to the easement.","sortOrder":222},{"sectionNumber":"sec.51AW","sectionType":"section","heading":"Non-application of particular provisions to land subject to particular public thoroughfare easements","content":"### sec.51AW Non-application of particular provisions to land subject to particular public thoroughfare easements\n\nThe provisions of the City of Brisbane Act 2010 , or the Local Government Act 2009 , about land subject to a public thoroughfare easement do not apply in relation to freehold land that—\nis in a priority development area or is PDA-associated land for a priority development area; and\nis subject to a public thoroughfare easement registered under the Land Title Act 1994 , section 89 , including because of the operation of section 51AV of this Act, in favour of a local government.\ns 51AW ins 2019 No. 11 s 76\n- (a) is in a priority development area or is PDA-associated land for a priority development area; and\n- (b) is subject to a public thoroughfare easement registered under the Land Title Act 1994 , section 89 , including because of the operation of section 51AV of this Act, in favour of a local government.","sortOrder":223},{"sectionNumber":"ch.3-pt.2-div.5","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":224},{"sectionNumber":"sec.51A","sectionType":"section","heading":"Lawful uses relating to PDA-associated development","content":"### sec.51A Lawful uses relating to PDA-associated development\n\nThis section applies if—\na material change of use of premises is PDA-associated development for a priority development area; and\nthe use of the premises as a consequence of the material change of use is a lawful use.\nThe use is taken to also be a lawful use of the premises under the Planning Act .\ns 51A ins 2016 No. 17 s 99\namd 2016 No. 27 s 179A\n(sec.51A-ssec.1) This section applies if— a material change of use of premises is PDA-associated development for a priority development area; and the use of the premises as a consequence of the material change of use is a lawful use.\n(sec.51A-ssec.2) The use is taken to also be a lawful use of the premises under the Planning Act .\n- (a) a material change of use of premises is PDA-associated development for a priority development area; and\n- (b) the use of the premises as a consequence of the material change of use is a lawful use.","sortOrder":225},{"sectionNumber":"sec.52","sectionType":"section","heading":"Exchange of documents and information with other entities with planning or registration functions","content":"### sec.52 Exchange of documents and information with other entities with planning or registration functions\n\nSubsection (2) applies on the declaration of a priority development area if a government entity, GOC or local government has planning or registration functions for land or development in the area.\nMEDQ may ask the government entity, GOC or local government to give MEDQ the documents or information the government entity, GOC or local government has that MEDQ reasonably needs to perform its functions.\nThe entity must comply with the request within a reasonable period.\nIf land ceases to be in a priority development area, MEDQ must give each entity performing functions mentioned in subsection (1) the documents or information MEDQ has that the entity needs to perform its functions.\nDocuments or information required to be given under this section must be given free of charge.\n(sec.52-ssec.1) Subsection (2) applies on the declaration of a priority development area if a government entity, GOC or local government has planning or registration functions for land or development in the area.\n(sec.52-ssec.2) MEDQ may ask the government entity, GOC or local government to give MEDQ the documents or information the government entity, GOC or local government has that MEDQ reasonably needs to perform its functions.\n(sec.52-ssec.3) The entity must comply with the request within a reasonable period.\n(sec.52-ssec.4) If land ceases to be in a priority development area, MEDQ must give each entity performing functions mentioned in subsection (1) the documents or information MEDQ has that the entity needs to perform its functions.\n(sec.52-ssec.5) Documents or information required to be given under this section must be given free of charge.","sortOrder":226},{"sectionNumber":"sec.53","sectionType":"section","heading":"Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009","content":"### sec.53 Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009\n\nThe declaration of an area as a priority development area does not affect—\nthe operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to the area; or\nthe area of the relevant local government; or\nthe jurisdiction, under the Act s, of the relevant local government.\nHowever, the performance of the relevant local government’s functions or the exercise of its powers under the Act s is subject to MEDQ’s functions or powers under this Act.\nA reference in subsection (1) to the declaration of an area as a priority development area includes a reference to the inclusion, under a boundary change regulation, of an additional area in a priority development area.\nSubsection (1) is subject to sections 51AW and 54 .\ns 53 amd 2019 No. 11 ss 41 , 77\n(sec.53-ssec.1) The declaration of an area as a priority development area does not affect— the operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to the area; or the area of the relevant local government; or the jurisdiction, under the Act s, of the relevant local government.\n(sec.53-ssec.2) However, the performance of the relevant local government’s functions or the exercise of its powers under the Act s is subject to MEDQ’s functions or powers under this Act.\n(sec.53-ssec.3) A reference in subsection (1) to the declaration of an area as a priority development area includes a reference to the inclusion, under a boundary change regulation, of an additional area in a priority development area.\n(sec.53-ssec.4) Subsection (1) is subject to sections 51AW and 54 .\n- (a) the operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to the area; or\n- (b) the area of the relevant local government; or\n- (c) the jurisdiction, under the Act s, of the relevant local government.","sortOrder":227},{"sectionNumber":"sec.54","sectionType":"section","heading":"By-laws","content":"### sec.54 By-laws\n\nMEDQ may make by-laws under this Act for priority development areas about any matter for which a local law may be made, including the creation of offences.\nHowever, a by-law can not fix a penalty of more than—\nif the by-law replaces a local law—the maximum penalty units applying to a contravention of the local law it replaces; or\notherwise—20 penalty units for an offence against the by-law.\nA by-law replaces a local law if—\nthe local law no longer applies to a matter within a priority development area because a by-law provides that the local law does not apply, or applies with stated changes, within the priority development area; and\nthe by-law applies to the matter within the priority development area.\nA by-law may provide that all or part of a stated local law does not apply, or applies with stated changes, within a priority development area.\nIf a by-law provides that a stated local law does not apply, or applies with stated changes, within a priority development area, the local law does not apply, or applies with the stated changes, within the area.\nA by-law must be approved by the Governor in Council.\nThe effect of subsection (6) is that a by-law is subordinate legislation. See the Statutory Instruments Act 1992 , sections 7 , 8 (b) (i) and 9 (1) (a) .\nA by-law prescribed by regulation is taken, for the Environmental Protection Act 1994 , schedule 1 , section 3 (a) and (b) , to be a local law.\ns 54 amd 2019 No. 11 s 42\n(sec.54-ssec.1) MEDQ may make by-laws under this Act for priority development areas about any matter for which a local law may be made, including the creation of offences.\n(sec.54-ssec.2) However, a by-law can not fix a penalty of more than— if the by-law replaces a local law—the maximum penalty units applying to a contravention of the local law it replaces; or otherwise—20 penalty units for an offence against the by-law.\n(sec.54-ssec.3) A by-law replaces a local law if— the local law no longer applies to a matter within a priority development area because a by-law provides that the local law does not apply, or applies with stated changes, within the priority development area; and the by-law applies to the matter within the priority development area.\n(sec.54-ssec.4) A by-law may provide that all or part of a stated local law does not apply, or applies with stated changes, within a priority development area.\n(sec.54-ssec.5) If a by-law provides that a stated local law does not apply, or applies with stated changes, within a priority development area, the local law does not apply, or applies with the stated changes, within the area.\n(sec.54-ssec.6) A by-law must be approved by the Governor in Council. The effect of subsection (6) is that a by-law is subordinate legislation. See the Statutory Instruments Act 1992 , sections 7 , 8 (b) (i) and 9 (1) (a) .\n(sec.54-ssec.7) A by-law prescribed by regulation is taken, for the Environmental Protection Act 1994 , schedule 1 , section 3 (a) and (b) , to be a local law.\n- (a) if the by-law replaces a local law—the maximum penalty units applying to a contravention of the local law it replaces; or\n- (b) otherwise—20 penalty units for an offence against the by-law.\n- (a) the local law no longer applies to a matter within a priority development area because a by-law provides that the local law does not apply, or applies with stated changes, within the priority development area; and\n- (b) the by-law applies to the matter within the priority development area.","sortOrder":228},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Development schemes","content":"# Development schemes","sortOrder":229},{"sectionNumber":"ch.3-pt.3-div.1","sectionType":"division","heading":"Making development schemes","content":"## Making development schemes","sortOrder":230},{"sectionNumber":"sec.55","sectionType":"section","heading":"Application of div 1","content":"### sec.55 Application of div 1\n\nThis division applies on the declaration of a priority development area.\nHowever, this division does not apply in relation to a provisional priority development area.\n(sec.55-ssec.1) This division applies on the declaration of a priority development area.\n(sec.55-ssec.2) However, this division does not apply in relation to a provisional priority development area.","sortOrder":231},{"sectionNumber":"sec.56","sectionType":"section","heading":"Development scheme required","content":"### sec.56 Development scheme required\n\nAs soon as practicable after the priority development area is declared, MEDQ must make a development scheme, under this division, for the entire priority development area.\nHowever, MEDQ may make more than 1 development scheme, under this division, for the priority development area if—\nmore than 1 interim land use plan was made under section 38 for the priority development area; and\neach development scheme is made for 1 or more parts of the priority development area in which development is regulated by a single interim land use plan; and\ntogether, the development schemes provide for the entire priority development area.\nA development scheme is a statutory instrument.\nTo remove any doubt, it is declared that the development schemes mentioned in subsection (2) may be made at different times.\ns 56 sub 2019 No. 11 s 43\n(sec.56-ssec.1) As soon as practicable after the priority development area is declared, MEDQ must make a development scheme, under this division, for the entire priority development area.\n(sec.56-ssec.2) However, MEDQ may make more than 1 development scheme, under this division, for the priority development area if— more than 1 interim land use plan was made under section 38 for the priority development area; and each development scheme is made for 1 or more parts of the priority development area in which development is regulated by a single interim land use plan; and together, the development schemes provide for the entire priority development area.\n(sec.56-ssec.3) A development scheme is a statutory instrument.\n(sec.56-ssec.4) To remove any doubt, it is declared that the development schemes mentioned in subsection (2) may be made at different times.\n- (a) more than 1 interim land use plan was made under section 38 for the priority development area; and\n- (b) each development scheme is made for 1 or more parts of the priority development area in which development is regulated by a single interim land use plan; and\n- (c) together, the development schemes provide for the entire priority development area.","sortOrder":232},{"sectionNumber":"sec.57","sectionType":"section","heading":"Content of development scheme","content":"### sec.57 Content of development scheme\n\nA development scheme may provide for any matter that MEDQ considers will promote the proper and orderly planning, development and management of the relevant area.\nThe development scheme must include—\na land use plan regulating development in the relevant area; and\na plan for infrastructure in the relevant area; and\nan implementation strategy to achieve the main purpose of this Act for the relevant area, to the extent it is not achieved by the land use plan or the plan for infrastructure.\nWithout limiting subsection (2) (a) , the land use plan may—\nprovide for requirements relating to any of the following—\nthe supply of social housing;\nthe supply of affordable housing;\nthe payment of an amount in lieu of the supply of social housing or affordable housing; or\nprovide for any matter about which a planning instrument may provide for an area; or\nidentify any PDA assessable development or PDA accepted development in the relevant area; or\nidentify development, other than development that is to be carried out entirely within the priority development area, as PDA-associated development for the priority development area; or\nprohibit the carrying out of particular PDA assessable development; or\nstate that particular development is consistent or inconsistent with the plan; or\nrequire public notice of PDA development applications for stated PDA assessable development.\nHowever, the land use plan may, under subsection (3) (c) , identify development as PDA-associated development for the priority development area only if MEDQ is satisfied—\nthe Planning Act may have an adverse effect on the delivery of the development if the development were not identified as PDA-associated development for the area; and\n1 of the following applies—\nthe development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose;\nthe development—\npromotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and\ngives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and\ncan not reasonably be located or accommodated entirely within the priority development area;\nthe development satisfies another requirement prescribed by regulation; and\nthe development does not compromise the implementation of the relevant development instrument for the priority development area.\nIf the land use plan identifies development as PDA-associated development for the priority development area, the plan must also—\nidentify whether the development is PDA assessable development or PDA accepted development; and\ninclude a description of the land on which the development is proposed to be located; and\ninclude a description of the development, including plans and supporting documentation.\nDespite subsections (1) and (2) , the development scheme is subject to part 4 , division 2 .\nIn this section—\nrelevant area , in relation to a development scheme for a priority development area, means—\nif the scheme applies for the entire priority development area—the priority development area; or\notherwise—the part of the priority development area for which the scheme applies.\ns 57 amd 2016 No. 17 s 100 ; 2016 No. 27 s 180 ; 2019 No. 11 s 44 ; 2024 No. 32 s 28\n(sec.57-ssec.1) A development scheme may provide for any matter that MEDQ considers will promote the proper and orderly planning, development and management of the relevant area.\n(sec.57-ssec.2) The development scheme must include— a land use plan regulating development in the relevant area; and a plan for infrastructure in the relevant area; and an implementation strategy to achieve the main purpose of this Act for the relevant area, to the extent it is not achieved by the land use plan or the plan for infrastructure.\n(sec.57-ssec.3) Without limiting subsection (2) (a) , the land use plan may— provide for requirements relating to any of the following— the supply of social housing; the supply of affordable housing; the payment of an amount in lieu of the supply of social housing or affordable housing; or provide for any matter about which a planning instrument may provide for an area; or identify any PDA assessable development or PDA accepted development in the relevant area; or identify development, other than development that is to be carried out entirely within the priority development area, as PDA-associated development for the priority development area; or prohibit the carrying out of particular PDA assessable development; or state that particular development is consistent or inconsistent with the plan; or require public notice of PDA development applications for stated PDA assessable development.\n(sec.57-ssec.4) However, the land use plan may, under subsection (3) (c) , identify development as PDA-associated development for the priority development area only if MEDQ is satisfied— the Planning Act may have an adverse effect on the delivery of the development if the development were not identified as PDA-associated development for the area; and 1 of the following applies— the development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose; the development— promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and can not reasonably be located or accommodated entirely within the priority development area; the development satisfies another requirement prescribed by regulation; and the development does not compromise the implementation of the relevant development instrument for the priority development area.\n(sec.57-ssec.5) If the land use plan identifies development as PDA-associated development for the priority development area, the plan must also— identify whether the development is PDA assessable development or PDA accepted development; and include a description of the land on which the development is proposed to be located; and include a description of the development, including plans and supporting documentation.\n(sec.57-ssec.6) Despite subsections (1) and (2) , the development scheme is subject to part 4 , division 2 .\n(sec.57-ssec.7) In this section— relevant area , in relation to a development scheme for a priority development area, means— if the scheme applies for the entire priority development area—the priority development area; or otherwise—the part of the priority development area for which the scheme applies.\n- (a) a land use plan regulating development in the relevant area; and\n- (b) a plan for infrastructure in the relevant area; and\n- (c) an implementation strategy to achieve the main purpose of this Act for the relevant area, to the extent it is not achieved by the land use plan or the plan for infrastructure.\n- (aa) provide for requirements relating to any of the following— (i) the supply of social housing; (ii) the supply of affordable housing; (iii) the payment of an amount in lieu of the supply of social housing or affordable housing; or\n- (i) the supply of social housing;\n- (ii) the supply of affordable housing;\n- (iii) the payment of an amount in lieu of the supply of social housing or affordable housing; or\n- (a) provide for any matter about which a planning instrument may provide for an area; or\n- (b) identify any PDA assessable development or PDA accepted development in the relevant area; or\n- (c) identify development, other than development that is to be carried out entirely within the priority development area, as PDA-associated development for the priority development area; or\n- (d) prohibit the carrying out of particular PDA assessable development; or\n- (e) state that particular development is consistent or inconsistent with the plan; or\n- (f) require public notice of PDA development applications for stated PDA assessable development.\n- (i) the supply of social housing;\n- (ii) the supply of affordable housing;\n- (iii) the payment of an amount in lieu of the supply of social housing or affordable housing; or\n- (a) the Planning Act may have an adverse effect on the delivery of the development if the development were not identified as PDA-associated development for the area; and\n- (b) 1 of the following applies— (i) the development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose; (ii) the development— (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and (C) can not reasonably be located or accommodated entirely within the priority development area; (iii) the development satisfies another requirement prescribed by regulation; and\n- (i) the development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose;\n- (ii) the development— (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and (C) can not reasonably be located or accommodated entirely within the priority development area;\n- (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and\n- (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and\n- (C) can not reasonably be located or accommodated entirely within the priority development area;\n- (iii) the development satisfies another requirement prescribed by regulation; and\n- (c) the development does not compromise the implementation of the relevant development instrument for the priority development area.\n- (i) the development provides development infrastructure for the priority development area to address the impacts of any development within the area, whether or not the development infrastructure also has another function or purpose;\n- (ii) the development— (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and (C) can not reasonably be located or accommodated entirely within the priority development area;\n- (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and\n- (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and\n- (C) can not reasonably be located or accommodated entirely within the priority development area;\n- (iii) the development satisfies another requirement prescribed by regulation; and\n- (A) promotes the proper and orderly planning, development and management of the priority development area in accordance with the relevant development instrument for the area; and\n- (B) gives effect to the main purpose of this Act in the State or in the region in which the priority development area is located; and\n- (C) can not reasonably be located or accommodated entirely within the priority development area;\n- (a) identify whether the development is PDA assessable development or PDA accepted development; and\n- (b) include a description of the land on which the development is proposed to be located; and\n- (c) include a description of the development, including plans and supporting documentation.\n- (a) if the scheme applies for the entire priority development area—the priority development area; or\n- (b) otherwise—the part of the priority development area for which the scheme applies.","sortOrder":233},{"sectionNumber":"sec.58","sectionType":"section","heading":"Preparation of proposed development scheme","content":"### sec.58 Preparation of proposed development scheme\n\nMEDQ must, as soon as practicable, prepare a proposed development scheme for the entire priority development area, or part of the priority development area, as mentioned in section 56 (1) or (2) .\nHowever, before preparing the proposed scheme, MEDQ—\nmust consult, in the way it considers appropriate, with the relevant local government; and\nmust make reasonable endeavours to consult, in the way it considers appropriate, with any of the following MEDQ considers will be likely to be affected by the proposed development scheme—\na government entity or GOC;\nanother person or entity.\nIn preparing the proposed development scheme, MEDQ—\nmust consider any relevant State interests including, for example, the objectives of the State in providing social housing for the priority development area or part of the priority development area; and\nmust consider, but is not bound by, a requirement under any of the following relevant to the area the subject of the proposed development scheme—\na planning instrument;\nassessment benchmarks prescribed by regulation under the Planning Act ;\nassessment benchmarks made under another Act for the Planning Act .\ns 58 amd 2019 No. 11 s 45 ; 2024 No. 32 s 29\n(sec.58-ssec.1) MEDQ must, as soon as practicable, prepare a proposed development scheme for the entire priority development area, or part of the priority development area, as mentioned in section 56 (1) or (2) .\n(sec.58-ssec.2) However, before preparing the proposed scheme, MEDQ— must consult, in the way it considers appropriate, with the relevant local government; and must make reasonable endeavours to consult, in the way it considers appropriate, with any of the following MEDQ considers will be likely to be affected by the proposed development scheme— a government entity or GOC; another person or entity.\n(sec.58-ssec.3) In preparing the proposed development scheme, MEDQ— must consider any relevant State interests including, for example, the objectives of the State in providing social housing for the priority development area or part of the priority development area; and must consider, but is not bound by, a requirement under any of the following relevant to the area the subject of the proposed development scheme— a planning instrument; assessment benchmarks prescribed by regulation under the Planning Act ; assessment benchmarks made under another Act for the Planning Act .\n- (a) must consult, in the way it considers appropriate, with the relevant local government; and\n- (b) must make reasonable endeavours to consult, in the way it considers appropriate, with any of the following MEDQ considers will be likely to be affected by the proposed development scheme— (i) a government entity or GOC; (ii) another person or entity.\n- (i) a government entity or GOC;\n- (ii) another person or entity.\n- (i) a government entity or GOC;\n- (ii) another person or entity.\n- (a) must consider any relevant State interests including, for example, the objectives of the State in providing social housing for the priority development area or part of the priority development area; and\n- (b) must consider, but is not bound by, a requirement under any of the following relevant to the area the subject of the proposed development scheme— (i) a planning instrument; (ii) assessment benchmarks prescribed by regulation under the Planning Act ; (iii) assessment benchmarks made under another Act for the Planning Act .\n- (i) a planning instrument;\n- (ii) assessment benchmarks prescribed by regulation under the Planning Act ;\n- (iii) assessment benchmarks made under another Act for the Planning Act .\n- (i) a planning instrument;\n- (ii) assessment benchmarks prescribed by regulation under the Planning Act ;\n- (iii) assessment benchmarks made under another Act for the Planning Act .","sortOrder":234},{"sectionNumber":"sec.59","sectionType":"section","heading":"Public notification","content":"### sec.59 Public notification\n\nAfter preparing the proposed development scheme, MEDQ must—\npublish the proposed scheme on MEDQ’s website; and\npublish, at least once in a newspaper circulating in the area of the relevant local government, a notice—\nstating that the proposed scheme is published on MEDQ’s website; and\ninviting persons to make submissions, within a stated period of at least 30 business days (the submission period ), about the proposed scheme.\ns 59 amd 2019 No. 11 s 46 ; 2024 No. 32 s 3 sch 1\n- (a) publish the proposed scheme on MEDQ’s website; and\n- (b) publish, at least once in a newspaper circulating in the area of the relevant local government, a notice— (i) stating that the proposed scheme is published on MEDQ’s website; and (ii) inviting persons to make submissions, within a stated period of at least 30 business days (the submission period ), about the proposed scheme.\n- (i) stating that the proposed scheme is published on MEDQ’s website; and\n- (ii) inviting persons to make submissions, within a stated period of at least 30 business days (the submission period ), about the proposed scheme.\n- (i) stating that the proposed scheme is published on MEDQ’s website; and\n- (ii) inviting persons to make submissions, within a stated period of at least 30 business days (the submission period ), about the proposed scheme.","sortOrder":235},{"sectionNumber":"sec.60","sectionType":"section","heading":"Submissions on proposed scheme","content":"### sec.60 Submissions on proposed scheme\n\nAnyone may make submissions about the proposed development scheme within the submission period.","sortOrder":236},{"sectionNumber":"sec.61","sectionType":"section","heading":"Consideration of submissions","content":"### sec.61 Consideration of submissions\n\nMEDQ must consider any submissions received within the submission period.\nSubsection (1) does not prevent MEDQ from considering a submission made to it after the submission period has ended.\n(sec.61-ssec.1) MEDQ must consider any submissions received within the submission period.\n(sec.61-ssec.2) Subsection (1) does not prevent MEDQ from considering a submission made to it after the submission period has ended.","sortOrder":237},{"sectionNumber":"sec.62","sectionType":"section","heading":"Amendment of proposed scheme","content":"### sec.62 Amendment of proposed scheme\n\nAfter complying with section 61 , MEDQ may amend the proposed development scheme in any way it considers appropriate.\nIf MEDQ considers the amendment significantly changes the proposed scheme, it must re-comply with sections 59 to 61 for the amended scheme.\n(sec.62-ssec.1) After complying with section 61 , MEDQ may amend the proposed development scheme in any way it considers appropriate.\n(sec.62-ssec.2) If MEDQ considers the amendment significantly changes the proposed scheme, it must re-comply with sections 59 to 61 for the amended scheme.","sortOrder":238},{"sectionNumber":"sec.63","sectionType":"section","heading":"Making of development scheme","content":"### sec.63 Making of development scheme\n\nMEDQ must, as soon as practicable after complying with sections 61 and 62 —\nmake the development scheme; and\nprepare a report that—\nsummarises the submissions considered by MEDQ; and\ncontains information about the merits of the submissions and the extent to which the proposed development scheme was amended to reflect the submissions; and\ncontains details about any changes to the proposed development scheme published under section 59 .\nSee also the Sustainable Ports Development Act 2015 , section 29 for additional requirements for making a development scheme.\nMEDQ must publish the report on MEDQ’s website.\nAlso, MEDQ must—\npublish, on MEDQ’s website, the development scheme made under subsection (1) (a) ; and\npublish a gazette notice stating that the development scheme is published on MEDQ’s website.\ns 63 amd 2015 No. 28 s 54 sch 2 ; 2019 No. 11 s 47 ; 2024 No. 32 s 3 sch 1\n(sec.63-ssec.1) MEDQ must, as soon as practicable after complying with sections 61 and 62 — make the development scheme; and prepare a report that— summarises the submissions considered by MEDQ; and contains information about the merits of the submissions and the extent to which the proposed development scheme was amended to reflect the submissions; and contains details about any changes to the proposed development scheme published under section 59 . See also the Sustainable Ports Development Act 2015 , section 29 for additional requirements for making a development scheme.\n(sec.63-ssec.2) MEDQ must publish the report on MEDQ’s website.\n(sec.63-ssec.3) Also, MEDQ must— publish, on MEDQ’s website, the development scheme made under subsection (1) (a) ; and publish a gazette notice stating that the development scheme is published on MEDQ’s website.\n- (a) make the development scheme; and\n- (b) prepare a report that— (i) summarises the submissions considered by MEDQ; and (ii) contains information about the merits of the submissions and the extent to which the proposed development scheme was amended to reflect the submissions; and (iii) contains details about any changes to the proposed development scheme published under section 59 .\n- (i) summarises the submissions considered by MEDQ; and\n- (ii) contains information about the merits of the submissions and the extent to which the proposed development scheme was amended to reflect the submissions; and\n- (iii) contains details about any changes to the proposed development scheme published under section 59 .\n- (i) summarises the submissions considered by MEDQ; and\n- (ii) contains information about the merits of the submissions and the extent to which the proposed development scheme was amended to reflect the submissions; and\n- (iii) contains details about any changes to the proposed development scheme published under section 59 .\n- (a) publish, on MEDQ’s website, the development scheme made under subsection (1) (a) ; and\n- (b) publish a gazette notice stating that the development scheme is published on MEDQ’s website.","sortOrder":239},{"sectionNumber":"sec.64","sectionType":"section","heading":"When development scheme takes effect","content":"### sec.64 When development scheme takes effect\n\nThe development scheme takes effect at the beginning of the day the gazette notice under section 63 (3) (b) is published.\ns 64 sub 2019 No. 11 s 48","sortOrder":240},{"sectionNumber":"sec.65","sectionType":"section","heading":"Notice of development scheme","content":"### sec.65 Notice of development scheme\n\nMEDQ must, as soon as practicable after the development scheme takes effect—\npublish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—\nthe scheme has been approved; and\nit may be inspected on MEDQ’s website; and\ngive the relevant local government, and each person who made a submission received within the submission period about the scheme, a notice that—\nthe scheme has been approved; and\nMEDQ’s report about the scheme can be inspected on MEDQ’s website.\ns 65 amd 2019 No. 11 s 49 ; 2024 No. 32 s 3 sch 1\n- (a) publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that— (i) the scheme has been approved; and (ii) it may be inspected on MEDQ’s website; and\n- (i) the scheme has been approved; and\n- (ii) it may be inspected on MEDQ’s website; and\n- (b) give the relevant local government, and each person who made a submission received within the submission period about the scheme, a notice that— (i) the scheme has been approved; and (ii) MEDQ’s report about the scheme can be inspected on MEDQ’s website.\n- (i) the scheme has been approved; and\n- (ii) MEDQ’s report about the scheme can be inspected on MEDQ’s website.\n- (i) the scheme has been approved; and\n- (ii) it may be inspected on MEDQ’s website; and\n- (i) the scheme has been approved; and\n- (ii) MEDQ’s report about the scheme can be inspected on MEDQ’s website.","sortOrder":241},{"sectionNumber":"ch.3-pt.3-div.2","sectionType":"division","heading":"Amendment of development schemes","content":"## Amendment of development schemes","sortOrder":242},{"sectionNumber":"sec.66","sectionType":"section","heading":"General power to amend","content":"### sec.66 General power to amend\n\nMEDQ may amend a development scheme if—\nthe amendment does not change the land use plan for the relevant priority development area in the scheme; or\nthe amendment is a minor administrative amendment.\nSee also part 3A which provides for the making of a temporary planning instrument that suspends or otherwise affects the operation of a development scheme but does not amend it.\nSee also the Sustainable Ports Development Act 2015 , section 29 for additional requirements for amending a development scheme.\ns 66 sub 2014 No. 40 s 10\namd 2015 No. 28 s 54 sch 2 ; 2024 No. 32 s 30\n- (a) the amendment does not change the land use plan for the relevant priority development area in the scheme; or\n- (b) the amendment is a minor administrative amendment.\n- 1 See also part 3A which provides for the making of a temporary planning instrument that suspends or otherwise affects the operation of a development scheme but does not amend it.\n- 2 See also the Sustainable Ports Development Act 2015 , section 29 for additional requirements for amending a development scheme.","sortOrder":243},{"sectionNumber":"sec.67","sectionType":"section","heading":"Power to amend to change land use plan","content":"### sec.67 Power to amend to change land use plan\n\nMEDQ may amend a development scheme to change the land use plan for the relevant priority development area in the scheme only if procedures under division 1 for making development schemes have been followed.\nDivision 1 applies to the amendment as if—\na reference in the division to making a development scheme were a reference to the making of the amendment; and\na reference in the division to a proposed development scheme were a reference to the proposed amendment; and\na reference in section 59 (b) (ii) to 30 business days were a reference to 15 business days.\nTo remove any doubt, it is declared that an amendment mentioned in subsection (1) may be made even if it is materially detrimental to someone’s interests.\nIn this section—\nchange , a land use plan, includes replace the land use plan.\ns 67 amd 2014 No. 40 s 11 ; 2019 No. 11 s 50\n(sec.67-ssec.1) MEDQ may amend a development scheme to change the land use plan for the relevant priority development area in the scheme only if procedures under division 1 for making development schemes have been followed.\n(sec.67-ssec.2) Division 1 applies to the amendment as if— a reference in the division to making a development scheme were a reference to the making of the amendment; and a reference in the division to a proposed development scheme were a reference to the proposed amendment; and a reference in section 59 (b) (ii) to 30 business days were a reference to 15 business days.\n(sec.67-ssec.3) To remove any doubt, it is declared that an amendment mentioned in subsection (1) may be made even if it is materially detrimental to someone’s interests.\n(sec.67-ssec.4) In this section— change , a land use plan, includes replace the land use plan.\n- (a) a reference in the division to making a development scheme were a reference to the making of the amendment; and\n- (b) a reference in the division to a proposed development scheme were a reference to the proposed amendment; and\n- (c) a reference in section 59 (b) (ii) to 30 business days were a reference to 15 business days.","sortOrder":244},{"sectionNumber":"sec.68","sectionType":"section","heading":"When amendment takes effect","content":"### sec.68 When amendment takes effect\n\nAn amendment of a development scheme takes effect at the beginning of the day the gazette notice under section 63 (3) (b) , as applied under section 67 (2) , is published in relation to the amendment.\ns 68 sub 2019 No. 11 s 51","sortOrder":245},{"sectionNumber":"sec.69","sectionType":"section","heading":"Notice of amendment","content":"### sec.69 Notice of amendment\n\nAs soon as practicable after an amendment of a development scheme takes effect, MEDQ must publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that—\nthe scheme has been amended; and\nthe amended scheme is published on MEDQ’s website.\ns 69 sub 2019 No. 11 s 51\namd 2024 No. 32 s 3 sch 1\n- (a) the scheme has been amended; and\n- (b) the amended scheme is published on MEDQ’s website.","sortOrder":246},{"sectionNumber":"ch.3-pt.3-div.3","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":247},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns 70 om 2019 No. 11 s 52","sortOrder":248},{"sectionNumber":"sec.71","sectionType":"section","heading":"Development instruments prevail over particular instruments","content":"### sec.71 Development instruments prevail over particular instruments\n\nIf there is a conflict between a development instrument and any of the following instruments, the development instrument prevails to the extent of the inconsistency—\na planning instrument;\nassessment benchmarks prescribed by regulation under the Planning Act ;\nassessment benchmarks made under another Act for the Planning Act .\nIn this section—\ndevelopment instrument means—\na draft provisional land use plan; or\na provisional land use plan; or\nan interim land use plan; or\na development scheme.\ns 71 amd 2016 No. 27 s 181 ; 2019 No. 11 s 53\n(sec.71-ssec.1) If there is a conflict between a development instrument and any of the following instruments, the development instrument prevails to the extent of the inconsistency— a planning instrument; assessment benchmarks prescribed by regulation under the Planning Act ; assessment benchmarks made under another Act for the Planning Act .\n(sec.71-ssec.2) In this section— development instrument means— a draft provisional land use plan; or a provisional land use plan; or an interim land use plan; or a development scheme.\n- (a) a planning instrument;\n- (b) assessment benchmarks prescribed by regulation under the Planning Act ;\n- (c) assessment benchmarks made under another Act for the Planning Act .\n- (a) a draft provisional land use plan; or\n- (b) a provisional land use plan; or\n- (c) an interim land use plan; or\n- (d) a development scheme.","sortOrder":249},{"sectionNumber":"ch.3-pt.3A","sectionType":"part","heading":"Temporary planning instruments","content":"# Temporary planning instruments","sortOrder":250},{"sectionNumber":"sec.71AA","sectionType":"section","heading":"Definitions for part","content":"### sec.71AA Definitions for part\n\nIn this part—\naffected instrument see section 71AB (1) .\nrelevant area , for an affected instrument, means the area in relation to which the affected instrument operates.\ntemporary planning instrument see section 71AB (1) .\ns 71AA ins 2024 No. 32 s 31","sortOrder":251},{"sectionNumber":"sec.71AB","sectionType":"section","heading":"MEDQ may make temporary planning instrument","content":"### sec.71AB MEDQ may make temporary planning instrument\n\nThis section provides for the making of an instrument (a temporary planning instrument ) that affects the operation of any of the following (the affected instrument ) in a stated way—\na provisional land use plan;\nan interim land use plan;\na development scheme.\nMEDQ may make a temporary planning instrument if—\nMEDQ considers—\nthere is a risk, or potential risk, of serious adverse cultural, economic, environmental or social conditions happening in the relevant area for the affected instrument; or\nfor an interim land use plan or development scheme—it is necessary or desirable to align the affected instrument with the place renewal framework for a place renewal area in the relevant area; and\nMEDQ is satisfied it is necessary or desirable to immediately affect the operation of the affected instrument, in the way stated in the temporary planning instrument, for the reason mentioned in paragraph (a) (i) or (ii) .\nThe temporary planning instrument does not amend or repeal the affected instrument.\nIn this section—\naffect includes suspend.\ns 71AB ins 2024 No. 32 s 31\n(sec.71AB-ssec.1) This section provides for the making of an instrument (a temporary planning instrument ) that affects the operation of any of the following (the affected instrument ) in a stated way— a provisional land use plan; an interim land use plan; a development scheme.\n(sec.71AB-ssec.2) MEDQ may make a temporary planning instrument if— MEDQ considers— there is a risk, or potential risk, of serious adverse cultural, economic, environmental or social conditions happening in the relevant area for the affected instrument; or for an interim land use plan or development scheme—it is necessary or desirable to align the affected instrument with the place renewal framework for a place renewal area in the relevant area; and MEDQ is satisfied it is necessary or desirable to immediately affect the operation of the affected instrument, in the way stated in the temporary planning instrument, for the reason mentioned in paragraph (a) (i) or (ii) .\n(sec.71AB-ssec.3) The temporary planning instrument does not amend or repeal the affected instrument.\n(sec.71AB-ssec.4) In this section— affect includes suspend.\n- (a) a provisional land use plan;\n- (b) an interim land use plan;\n- (c) a development scheme.\n- (a) MEDQ considers— (i) there is a risk, or potential risk, of serious adverse cultural, economic, environmental or social conditions happening in the relevant area for the affected instrument; or (ii) for an interim land use plan or development scheme—it is necessary or desirable to align the affected instrument with the place renewal framework for a place renewal area in the relevant area; and\n- (i) there is a risk, or potential risk, of serious adverse cultural, economic, environmental or social conditions happening in the relevant area for the affected instrument; or\n- (ii) for an interim land use plan or development scheme—it is necessary or desirable to align the affected instrument with the place renewal framework for a place renewal area in the relevant area; and\n- (b) MEDQ is satisfied it is necessary or desirable to immediately affect the operation of the affected instrument, in the way stated in the temporary planning instrument, for the reason mentioned in paragraph (a) (i) or (ii) .\n- (i) there is a risk, or potential risk, of serious adverse cultural, economic, environmental or social conditions happening in the relevant area for the affected instrument; or\n- (ii) for an interim land use plan or development scheme—it is necessary or desirable to align the affected instrument with the place renewal framework for a place renewal area in the relevant area; and","sortOrder":252},{"sectionNumber":"sec.71AC","sectionType":"section","heading":"Publication","content":"### sec.71AC Publication\n\nAfter making a temporary planning instrument, MEDQ must—\npublish the instrument in the gazette and on MEDQ’s website; and\ngive a copy of the instrument to the relevant local government for the relevant area.\ns 71AC ins 2024 No. 32 s 31\n- (a) publish the instrument in the gazette and on MEDQ’s website; and\n- (b) give a copy of the instrument to the relevant local government for the relevant area.","sortOrder":253},{"sectionNumber":"sec.71AD","sectionType":"section","heading":"Commencement","content":"### sec.71AD Commencement\n\nA temporary planning instrument commences on the day it is published in the gazette or on any later day of commencement stated in it.\ns 71AD ins 2024 No. 32 s 31","sortOrder":254},{"sectionNumber":"sec.71AE","sectionType":"section","heading":"Expiry","content":"### sec.71AE Expiry\n\nA temporary planning instrument expires on the earliest of the following days to occur—\nthe day that is 2 years after the day it commences;\na day of expiry stated in it;\na day on which the affected instrument expires or is repealed.\ns 71AE ins 2024 No. 32 s 31\n- (a) the day that is 2 years after the day it commences;\n- (b) a day of expiry stated in it;\n- (c) a day on which the affected instrument expires or is repealed.","sortOrder":255},{"sectionNumber":"sec.71AF","sectionType":"section","heading":"Repeal","content":"### sec.71AF Repeal\n\nA temporary planning instrument may be repealed by an instrument, of the same type as the affected instrument, made under part 2 or 3 .\nA provision of an affected instrument may repeal a temporary planning instrument under subsection (1) despite a suspension of the operation of the affected instrument under this part.\nSubsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 24AA .\ns 71AF ins 2024 No. 32 s 31\n(sec.71AF-ssec.1) A temporary planning instrument may be repealed by an instrument, of the same type as the affected instrument, made under part 2 or 3 .\n(sec.71AF-ssec.2) A provision of an affected instrument may repeal a temporary planning instrument under subsection (1) despite a suspension of the operation of the affected instrument under this part.\n(sec.71AF-ssec.3) Subsection (1) does not limit the application of the Acts Interpretation Act 1954 , section 24AA .","sortOrder":256},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Development and uses in or for priority development areas","content":"# Development and uses in or for priority development areas","sortOrder":257},{"sectionNumber":"ch.3-pt.4-div.1AA","sectionType":"division","heading":"PDA exemption certificates","content":"## PDA exemption certificates","sortOrder":258},{"sectionNumber":"sec.71A","sectionType":"section","heading":"MEDQ may give PDA exemption certificate for particular PDA assessable development","content":"### sec.71A MEDQ may give PDA exemption certificate for particular PDA assessable development\n\nMEDQ may give a PDA exemption certificate for the carrying out of stated PDA assessable development if any of the following applies—\nthe effects of the development would be minor or inconsequential having regard to the circumstances under which the development was categorised as PDA assessable development;\nthe development was categorised as PDA assessable development only because of particular circumstances that no longer apply;\nthe development was categorised as PDA assessable development because of an error.\nHowever, subsection (1) does not apply if the development is categorised as PDA assessable development under a regulation.\nIn deciding whether to give a PDA exemption certificate under subsection (1) , MEDQ must consider any relevant State interest.\nA PDA exemption certificate may be given subject to stated requirements.\nWithout limiting subsection (4) , a PDA exemption certificate may state a period within which—\nthe PDA assessable development, or a stated part of it, must be completed; or\na use that is the natural and ordinary consequence of the PDA assessable development must start; or\nif the PDA assessable development is, or includes, reconfiguring a lot—a plan of subdivision must be given to MEDQ for its approval under section 104 .\nTo the extent the development does not comply with a requirement stated under subsection (4) or (5) , the PDA exemption certificate has no effect.\nA person who carries out PDA assessable development without a PDA development permit for the development does not commit an offence against section 73 (1) if the development is carried out under a PDA exemption certificate for the development. See section 73 (2) .\ns 71A ins 2019 No. 11 s 78\n(sec.71A-ssec.1) MEDQ may give a PDA exemption certificate for the carrying out of stated PDA assessable development if any of the following applies— the effects of the development would be minor or inconsequential having regard to the circumstances under which the development was categorised as PDA assessable development; the development was categorised as PDA assessable development only because of particular circumstances that no longer apply; the development was categorised as PDA assessable development because of an error.\n(sec.71A-ssec.2) However, subsection (1) does not apply if the development is categorised as PDA assessable development under a regulation.\n(sec.71A-ssec.3) In deciding whether to give a PDA exemption certificate under subsection (1) , MEDQ must consider any relevant State interest.\n(sec.71A-ssec.4) A PDA exemption certificate may be given subject to stated requirements.\n(sec.71A-ssec.5) Without limiting subsection (4) , a PDA exemption certificate may state a period within which— the PDA assessable development, or a stated part of it, must be completed; or a use that is the natural and ordinary consequence of the PDA assessable development must start; or if the PDA assessable development is, or includes, reconfiguring a lot—a plan of subdivision must be given to MEDQ for its approval under section 104 .\n(sec.71A-ssec.6) To the extent the development does not comply with a requirement stated under subsection (4) or (5) , the PDA exemption certificate has no effect.\n- (a) the effects of the development would be minor or inconsequential having regard to the circumstances under which the development was categorised as PDA assessable development;\n- (b) the development was categorised as PDA assessable development only because of particular circumstances that no longer apply;\n- (c) the development was categorised as PDA assessable development because of an error.\n- (a) the PDA assessable development, or a stated part of it, must be completed; or\n- (b) a use that is the natural and ordinary consequence of the PDA assessable development must start; or\n- (c) if the PDA assessable development is, or includes, reconfiguring a lot—a plan of subdivision must be given to MEDQ for its approval under section 104 .","sortOrder":259},{"sectionNumber":"sec.71B","sectionType":"section","heading":"Notice of PDA exemption certificate","content":"### sec.71B Notice of PDA exemption certificate\n\nThis section applies if MEDQ gives a PDA exemption certificate for the carrying out of PDA assessable development.\nMEDQ must give the owner of the land the subject of the PDA exemption certificate a copy of the certificate.\nAlso, MEDQ must publish, on MEDQ’s website, a notice stating the following—\nthat the PDA exemption certificate has been given;\na description of the land the subject of the certificate;\na description of the PDA assessable development to which the certificate relates, including any requirements imposed under section 71A (4) or (5) ;\nthe reasons for giving the certificate.\ns 71B ins 2019 No. 11 s 78\namd 2024 No. 32 s 3 sch 1\n(sec.71B-ssec.1) This section applies if MEDQ gives a PDA exemption certificate for the carrying out of PDA assessable development.\n(sec.71B-ssec.2) MEDQ must give the owner of the land the subject of the PDA exemption certificate a copy of the certificate.\n(sec.71B-ssec.3) Also, MEDQ must publish, on MEDQ’s website, a notice stating the following— that the PDA exemption certificate has been given; a description of the land the subject of the certificate; a description of the PDA assessable development to which the certificate relates, including any requirements imposed under section 71A (4) or (5) ; the reasons for giving the certificate.\n- (a) that the PDA exemption certificate has been given;\n- (b) a description of the land the subject of the certificate;\n- (c) a description of the PDA assessable development to which the certificate relates, including any requirements imposed under section 71A (4) or (5) ;\n- (d) the reasons for giving the certificate.","sortOrder":260},{"sectionNumber":"sec.71C","sectionType":"section","heading":"Duration of PDA exemption certificate","content":"### sec.71C Duration of PDA exemption certificate\n\nA PDA exemption certificate has effect for 2 years after the day it is given or any longer period stated in the certificate.\nDespite the expiry of a PDA exemption certificate, the following development that was started under the certificate may be completed as if the certificate had not expired—\ndevelopment that is reconfiguring a lot, if before the certificate expired a plan of subdivision for the development was given to MEDQ for its approval under section 104 ;\ndevelopment, other than reconfiguring a lot or making a material change of use of premises, if the development was substantially started under the certificate.\nAlso, a use that is the natural and ordinary consequence of the development to which the PDA exemption certificate relates is taken to be a lawful use.\nSubsections (2) and (3) are subject to section 71A (6) .\ns 71C ins 2019 No. 11 s 78\n(sec.71C-ssec.1) A PDA exemption certificate has effect for 2 years after the day it is given or any longer period stated in the certificate.\n(sec.71C-ssec.2) Despite the expiry of a PDA exemption certificate, the following development that was started under the certificate may be completed as if the certificate had not expired— development that is reconfiguring a lot, if before the certificate expired a plan of subdivision for the development was given to MEDQ for its approval under section 104 ; development, other than reconfiguring a lot or making a material change of use of premises, if the development was substantially started under the certificate.\n(sec.71C-ssec.3) Also, a use that is the natural and ordinary consequence of the development to which the PDA exemption certificate relates is taken to be a lawful use.\n(sec.71C-ssec.4) Subsections (2) and (3) are subject to section 71A (6) .\n- (a) development that is reconfiguring a lot, if before the certificate expired a plan of subdivision for the development was given to MEDQ for its approval under section 104 ;\n- (b) development, other than reconfiguring a lot or making a material change of use of premises, if the development was substantially started under the certificate.","sortOrder":261},{"sectionNumber":"sec.71D","sectionType":"section","heading":"PDA exemption certificate attaches to land","content":"### sec.71D PDA exemption certificate attaches to land\n\nA PDA exemption certificate—\nattaches to the land the subject of the certificate; and\nbenefits the owner of the land, the owner’s successors in title and any occupier of the land.\ns 71D ins 2019 No. 11 s 78\n- (a) attaches to the land the subject of the certificate; and\n- (b) benefits the owner of the land, the owner’s successors in title and any occupier of the land.","sortOrder":262},{"sectionNumber":"ch.3-pt.4-div.1","sectionType":"division","heading":"PDA development offences","content":"## PDA development offences","sortOrder":263},{"sectionNumber":"sec.72","sectionType":"section","heading":"Application of div 1","content":"### sec.72 Application of div 1\n\nThis division applies subject to division 2 and section 171J .\ns 72 amd 2020 No. 11 s 9","sortOrder":264},{"sectionNumber":"sec.73","sectionType":"section","heading":"Carrying out PDA assessable development without PDA development permit","content":"### sec.73 Carrying out PDA assessable development without PDA development permit\n\nA person must not carry out PDA assessable development without a PDA development permit for the development.\nMaximum penalty—4,500 penalty units.\nSee also section 164 in relation to the liability of an executive officer of a corporation for an offence against this subsection committed by the corporation.\nHowever, a person does not commit an offence against subsection (1) if the PDA assessable development is carried out under a PDA exemption certificate for the development.\nDespite subsection (1) , the maximum penalty is 17,000 penalty units if the PDA assessable development is—\nthe demolition of a building identified in a relevant development instrument as a building of cultural heritage significance; or\non a Queensland heritage place under the Queensland Heritage Act 1992 .\ns 73 amd 2016 No. 17 s 102 ; 2019 No. 11 s 79\n(sec.73-ssec.1) A person must not carry out PDA assessable development without a PDA development permit for the development. Maximum penalty—4,500 penalty units. See also section 164 in relation to the liability of an executive officer of a corporation for an offence against this subsection committed by the corporation.\n(sec.73-ssec.2) However, a person does not commit an offence against subsection (1) if the PDA assessable development is carried out under a PDA exemption certificate for the development.\n(sec.73-ssec.3) Despite subsection (1) , the maximum penalty is 17,000 penalty units if the PDA assessable development is— the demolition of a building identified in a relevant development instrument as a building of cultural heritage significance; or on a Queensland heritage place under the Queensland Heritage Act 1992 .\n- (a) the demolition of a building identified in a relevant development instrument as a building of cultural heritage significance; or\n- (b) on a Queensland heritage place under the Queensland Heritage Act 1992 .","sortOrder":265},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 amd 2016 No. 17 s 103\nom 2019 No. 11 s 54","sortOrder":266},{"sectionNumber":"sec.75","sectionType":"section","heading":"Compliance with PDA development approval","content":"### sec.75 Compliance with PDA development approval\n\nA person must not contravene a PDA development approval.\nMaximum penalty—4,500 penalty units.\nSee also section 164 in relation to the liability of an executive officer of a corporation for an offence against this section committed by the corporation.\ns 75 amd 2019 No. 11 s 80","sortOrder":267},{"sectionNumber":"sec.76","sectionType":"section","heading":"Offence about use of premises","content":"### sec.76 Offence about use of premises\n\nA person must not use premises in a priority development area, or premises subject to PDA-associated development for a priority development area, unless the use is a lawful use of the premises.\nMaximum penalty—4,500 penalty units.\nSee also section 164 in relation to the liability of an executive officer of a corporation for an offence against this section committed by the corporation.\ns 76 amd 2016 No. 17 s 104 ; 2019 No. 11 s 81","sortOrder":268},{"sectionNumber":"ch.3-pt.4-div.2","sectionType":"division","heading":"Protection of particular uses and rights","content":"## Protection of particular uses and rights","sortOrder":269},{"sectionNumber":"sec.77","sectionType":"section","heading":"Exemption for particular development approvals and designations under Planning Act","content":"### sec.77 Exemption for particular development approvals and designations under Planning Act\n\nThis section applies to—\na development approval under the Planning Act for development on premises in a priority development area—\ngiven for an application mentioned in section 44 ; or\ncontinued in effect under section 45 ; and\na designation under the Planning Act of premises in, or partly in, a priority development area.\nThe carrying out of development or the use of premises under the approval or designation is not a PDA development offence.\ns 77 amd 2016 No. 27 s 182 ; 2024 No. 32 s 32\n(sec.77-ssec.1) This section applies to— a development approval under the Planning Act for development on premises in a priority development area— given for an application mentioned in section 44 ; or continued in effect under section 45 ; and a designation under the Planning Act of premises in, or partly in, a priority development area.\n(sec.77-ssec.2) The carrying out of development or the use of premises under the approval or designation is not a PDA development offence. s 77 amd 2016 No. 27 s 182 ; 2024 No. 32 s 32\n- (a) a development approval under the Planning Act for development on premises in a priority development area— (i) given for an application mentioned in section 44 ; or (ii) continued in effect under section 45 ; and\n- (i) given for an application mentioned in section 44 ; or\n- (ii) continued in effect under section 45 ; and\n- (b) a designation under the Planning Act of premises in, or partly in, a priority development area.\n- (i) given for an application mentioned in section 44 ; or\n- (ii) continued in effect under section 45 ; and","sortOrder":270},{"sectionNumber":"sec.78","sectionType":"section","heading":"Lawful uses of premises protected","content":"### sec.78 Lawful uses of premises protected\n\nThis section applies if—\na relevant development instrument, or an amendment of a relevant development instrument, takes effect for a priority development area; and\nimmediately before the instrument or amendment took effect, either of the following was a lawful use of premises—\na use of premises in the priority development area;\na use of premises as a consequence of a material change of use that was PDA-associated development for the priority development area.\nNeither the relevant development instrument nor the amendment can—\nstop the use from continuing; or\nfurther regulate the use; or\nrequire the use to be changed.\ns 78 amd 2016 No. 17 s 105\n(sec.78-ssec.1) This section applies if— a relevant development instrument, or an amendment of a relevant development instrument, takes effect for a priority development area; and immediately before the instrument or amendment took effect, either of the following was a lawful use of premises— a use of premises in the priority development area; a use of premises as a consequence of a material change of use that was PDA-associated development for the priority development area.\n(sec.78-ssec.2) Neither the relevant development instrument nor the amendment can— stop the use from continuing; or further regulate the use; or require the use to be changed.\n- (a) a relevant development instrument, or an amendment of a relevant development instrument, takes effect for a priority development area; and\n- (b) immediately before the instrument or amendment took effect, either of the following was a lawful use of premises— (i) a use of premises in the priority development area; (ii) a use of premises as a consequence of a material change of use that was PDA-associated development for the priority development area.\n- (i) a use of premises in the priority development area;\n- (ii) a use of premises as a consequence of a material change of use that was PDA-associated development for the priority development area.\n- (i) a use of premises in the priority development area;\n- (ii) a use of premises as a consequence of a material change of use that was PDA-associated development for the priority development area.\n- (a) stop the use from continuing; or\n- (b) further regulate the use; or\n- (c) require the use to be changed.","sortOrder":271},{"sectionNumber":"sec.79","sectionType":"section","heading":"Lawfully constructed buildings and works protected","content":"### sec.79 Lawfully constructed buildings and works protected\n\nTo the extent a building has been lawfully constructed or works lawfully carried out, neither a relevant development instrument nor an amendment of a relevant development instrument can require the building or works to be altered or removed.","sortOrder":272},{"sectionNumber":"sec.80","sectionType":"section","heading":"Amendment of relevant development instrument does not affect existing development approval under Planning Act or PDA development approval","content":"### sec.80 Amendment of relevant development instrument does not affect existing development approval under Planning Act or PDA development approval\n\nThis section applies if—\na PDA development approval, or a development approval under the Planning Act for premises in a priority development area, is in effect; and\nafter the approval is given, the relevant development instrument for the area is amended.\nTo the extent the approval has not lapsed, the amendment does not stop or further regulate the relevant development, or otherwise affect the approval.\ns 80 amd 2016 No. 17 s 106 ; 2016 No. 27 s 183\n(sec.80-ssec.1) This section applies if— a PDA development approval, or a development approval under the Planning Act for premises in a priority development area, is in effect; and after the approval is given, the relevant development instrument for the area is amended.\n(sec.80-ssec.2) To the extent the approval has not lapsed, the amendment does not stop or further regulate the relevant development, or otherwise affect the approval.\n- (a) a PDA development approval, or a development approval under the Planning Act for premises in a priority development area, is in effect; and\n- (b) after the approval is given, the relevant development instrument for the area is amended.","sortOrder":273},{"sectionNumber":"sec.81","sectionType":"section","heading":"Development or use carried out in emergency","content":"### sec.81 Development or use carried out in emergency\n\nA person does not commit a PDA development offence if—\nthe person carries out development or a use of premises because of an emergency endangering—\nthe life or health of a person; or\nthe structural safety of a building; or\nthe operation or safety of infrastructure that is not a building; and\nthe person gives notice of the development or use that would otherwise be a PDA development offence to MEDQ as soon as practicable after starting the development or use.\nHowever, subsection (1) does not apply if the person is required by an enforcement order to stop carrying out the development or use.\nIn this section—\nemergency means an event or situation that involves an imminent and definite threat requiring immediate action (whether before, during or after the event or situation), other than routine maintenance due to wear and tear.\nthe carrying out, in winter, of a use or of building or operational work in anticipation of the next cyclone season\ns 81 amd 2016 No. 27 s 184\n(sec.81-ssec.1) A person does not commit a PDA development offence if— the person carries out development or a use of premises because of an emergency endangering— the life or health of a person; or the structural safety of a building; or the operation or safety of infrastructure that is not a building; and the person gives notice of the development or use that would otherwise be a PDA development offence to MEDQ as soon as practicable after starting the development or use.\n(sec.81-ssec.2) However, subsection (1) does not apply if the person is required by an enforcement order to stop carrying out the development or use.\n(sec.81-ssec.3) In this section— emergency means an event or situation that involves an imminent and definite threat requiring immediate action (whether before, during or after the event or situation), other than routine maintenance due to wear and tear. the carrying out, in winter, of a use or of building or operational work in anticipation of the next cyclone season\n- (a) the person carries out development or a use of premises because of an emergency endangering— (i) the life or health of a person; or (ii) the structural safety of a building; or (iii) the operation or safety of infrastructure that is not a building; and\n- (i) the life or health of a person; or\n- (ii) the structural safety of a building; or\n- (iii) the operation or safety of infrastructure that is not a building; and\n- (b) the person gives notice of the development or use that would otherwise be a PDA development offence to MEDQ as soon as practicable after starting the development or use.\n- (i) the life or health of a person; or\n- (ii) the structural safety of a building; or\n- (iii) the operation or safety of infrastructure that is not a building; and","sortOrder":274},{"sectionNumber":"ch.3-pt.4-div.3","sectionType":"division","heading":"PDA development applications","content":"## PDA development applications","sortOrder":275},{"sectionNumber":"sec.82","sectionType":"section","heading":"How to make application","content":"### sec.82 How to make application\n\nEach PDA development application must—\nbe made to MEDQ in the approved form; and\ncontain, or be accompanied by, the consent of the owner of the relevant land; and\nbe accompanied by the application fee decided by MEDQ.\nA single application may be made for both a PDA preliminary approval and a PDA development permit.\nHowever, subsection (1) (b) does not apply to the extent the application is for operational work other than operational work below the high-water mark and outside the boundaries of a canal.\nThe application is a properly made application only if—\nit complies with subsection (1) ; or\nMEDQ receives and, after considering any noncompliance with subsection (1) , accepts the application.\nIn this section—\ncanal see the Coastal Protection and Management Act 1995 , schedule .\nhigh-water mark see the Coastal Protection and Management Act 1995 , schedule .\ns 82 amd 2019 No. 11 s 82\n(sec.82-ssec.1) Each PDA development application must— be made to MEDQ in the approved form; and contain, or be accompanied by, the consent of the owner of the relevant land; and be accompanied by the application fee decided by MEDQ. A single application may be made for both a PDA preliminary approval and a PDA development permit.\n(sec.82-ssec.2) However, subsection (1) (b) does not apply to the extent the application is for operational work other than operational work below the high-water mark and outside the boundaries of a canal.\n(sec.82-ssec.3) The application is a properly made application only if— it complies with subsection (1) ; or MEDQ receives and, after considering any noncompliance with subsection (1) , accepts the application.\n(sec.82-ssec.4) In this section— canal see the Coastal Protection and Management Act 1995 , schedule . high-water mark see the Coastal Protection and Management Act 1995 , schedule .\n- (a) be made to MEDQ in the approved form; and\n- (b) contain, or be accompanied by, the consent of the owner of the relevant land; and\n- (c) be accompanied by the application fee decided by MEDQ. Note— A single application may be made for both a PDA preliminary approval and a PDA development permit.\n- (a) it complies with subsection (1) ; or\n- (b) MEDQ receives and, after considering any noncompliance with subsection (1) , accepts the application.","sortOrder":276},{"sectionNumber":"sec.82A","sectionType":"section","heading":"Notice of properly made application","content":"### sec.82A Notice of properly made application\n\nIf a PDA development application is a properly made application, MEDQ must give the applicant a notice stating that—\nthe application complies with section 82 (1) ; or\nMEDQ has accepted the application under section 82 (3) (b) .\nThe notice must state the date (the properly made date )—\nfor an application mentioned in subsection (1) (a) —the application was made; or\nfor an application mentioned in subsection (1) (b) —MEDQ accepted the application.\ns 82A ins 2019 No. 11 s 83\n(sec.82A-ssec.1) If a PDA development application is a properly made application, MEDQ must give the applicant a notice stating that— the application complies with section 82 (1) ; or MEDQ has accepted the application under section 82 (3) (b) .\n(sec.82A-ssec.2) The notice must state the date (the properly made date )— for an application mentioned in subsection (1) (a) —the application was made; or for an application mentioned in subsection (1) (b) —MEDQ accepted the application.\n- (a) the application complies with section 82 (1) ; or\n- (b) MEDQ has accepted the application under section 82 (3) (b) .\n- (a) for an application mentioned in subsection (1) (a) —the application was made; or\n- (b) for an application mentioned in subsection (1) (b) —MEDQ accepted the application.","sortOrder":277},{"sectionNumber":"sec.82B","sectionType":"section","heading":"Application of subdivision","content":"### sec.82B Application of subdivision\n\nThis subdivision applies in relation to a PDA development application that is a properly made application.\ns 82B ins 2019 No. 11 s 84","sortOrder":278},{"sectionNumber":"sec.83","sectionType":"section","heading":"Information requests to applicant","content":"### sec.83 Information requests to applicant\n\nMEDQ may, by notice (an information request ), ask the applicant to, within a stated period of at least 20 business days, give further stated information relevant to the application that MEDQ needs to decide the application.\nHowever, an information request can not be made more than 20 business days after the properly made date for the application.\nAn information request must include a notice stating that the application will lapse if the applicant fails to give MEDQ any of the stated information within a stated period of at least 6 months after the information request is made.\nIf the applicant does not comply with the information request within the stated period or a longer period agreed between the applicant and MEDQ, MEDQ may refuse the application.\nHowever, MEDQ may refuse the application only if it has given the applicant at least 10 business days notice of its intention to do so.\nThe inclusion in an information request of a notice under subsection (3) does not prevent MEDQ refusing the application under subsection (4) .\ns 83 amd 2019 No. 11 s 85\n(sec.83-ssec.1) MEDQ may, by notice (an information request ), ask the applicant to, within a stated period of at least 20 business days, give further stated information relevant to the application that MEDQ needs to decide the application.\n(sec.83-ssec.2) However, an information request can not be made more than 20 business days after the properly made date for the application.\n(sec.83-ssec.3) An information request must include a notice stating that the application will lapse if the applicant fails to give MEDQ any of the stated information within a stated period of at least 6 months after the information request is made.\n(sec.83-ssec.4) If the applicant does not comply with the information request within the stated period or a longer period agreed between the applicant and MEDQ, MEDQ may refuse the application.\n(sec.83-ssec.5) However, MEDQ may refuse the application only if it has given the applicant at least 10 business days notice of its intention to do so.\n(sec.83-ssec.6) The inclusion in an information request of a notice under subsection (3) does not prevent MEDQ refusing the application under subsection (4) .","sortOrder":279},{"sectionNumber":"sec.83A","sectionType":"section","heading":"Lapsing of application—failure to give any requested information","content":"### sec.83A Lapsing of application—failure to give any requested information\n\nThis section applies if—\nan information request has been made in relation to the application; and\nthe applicant fails to give MEDQ any of the requested information within—\nthe period stated in the notice included in the information request under section 83 (3) ; or\na longer period agreed between the applicant and MEDQ.\nThe application lapses.\ns 83A ins 2019 No. 11 s 86\n(sec.83A-ssec.1) This section applies if— an information request has been made in relation to the application; and the applicant fails to give MEDQ any of the requested information within— the period stated in the notice included in the information request under section 83 (3) ; or a longer period agreed between the applicant and MEDQ.\n(sec.83A-ssec.2) The application lapses.\n- (a) an information request has been made in relation to the application; and\n- (b) the applicant fails to give MEDQ any of the requested information within— (i) the period stated in the notice included in the information request under section 83 (3) ; or (ii) a longer period agreed between the applicant and MEDQ.\n- (i) the period stated in the notice included in the information request under section 83 (3) ; or\n- (ii) a longer period agreed between the applicant and MEDQ.\n- (i) the period stated in the notice included in the information request under section 83 (3) ; or\n- (ii) a longer period agreed between the applicant and MEDQ.","sortOrder":280},{"sectionNumber":"sec.83B","sectionType":"section","heading":"Notice of compliance with information request","content":"### sec.83B Notice of compliance with information request\n\nThis section applies if—\nan information request has been made in relation to the application; and\nMEDQ is satisfied the applicant has complied with the information request within the period mentioned in section 83A (1) (b) (i) or (ii) .\nMEDQ must give the applicant a notice stating that—\nthe applicant has complied with the information request; and\nif section 84 applies for the application—the applicant may start to comply with section 84 (2) .\ns 83B ins 2019 No. 11 s 86\n(sec.83B-ssec.1) This section applies if— an information request has been made in relation to the application; and MEDQ is satisfied the applicant has complied with the information request within the period mentioned in section 83A (1) (b) (i) or (ii) .\n(sec.83B-ssec.2) MEDQ must give the applicant a notice stating that— the applicant has complied with the information request; and if section 84 applies for the application—the applicant may start to comply with section 84 (2) .\n- (a) an information request has been made in relation to the application; and\n- (b) MEDQ is satisfied the applicant has complied with the information request within the period mentioned in section 83A (1) (b) (i) or (ii) .\n- (a) the applicant has complied with the information request; and\n- (b) if section 84 applies for the application—the applicant may start to comply with section 84 (2) .","sortOrder":281},{"sectionNumber":"sec.84","sectionType":"section","heading":"Notice of application","content":"### sec.84 Notice of application\n\nThis section applies only if—\nthe relevant development instrument for the relevant priority development area requires public notice of any part of the PDA development application; or\nthe relevant development is—\nPDA-associated development declared for the relevant priority development area by MEDQ under section 40C (1) ; and\nPDA assessable development; or\nMEDQ, within 20 business days after the properly made date for the application, gives the applicant notice that the applicant must comply with this section.\nThe applicant must—\npublish a notice about the application in a newspaper circulating in the area of the relevant local government; and\nplace the notice on the relevant land in the way prescribed under a regulation; and\ngive a copy of the notice to—\nMEDQ; and\nthe owners of all land that adjoins the relevant land; and\neach entity MEDQ requires the applicant to give a copy to.\nHowever, if an information request has been made in relation to the application, the applicant must not start to comply with subsection (2) until the applicant has been given a notice under section 83B in relation to the request.\nThe notice must—\nstate that—\nthe applicant has made a PDA development application; and\nthe application may be inspected on MEDQ’s website; and\ndescribe the relevant land; and\ngenerally describe the relevant development; and\ninvite anyone to make submissions to MEDQ about the application within a stated period (the submission period ); and\nstate that the making of a submission does not give rise to a right of appeal against a decision about the application.\nThe submission period—\nmust not start before subsection (2) is complied with; and\nmust be at least 20 business days; and\nmust not include any business day from 20 December in a particular year to 5 January in the following year, both days inclusive.\nA requirement under subsection (2) (c) (iii) may be made only if MEDQ considers the entity has an interest in the outcome of the application.\ns 84 amd 2016 No. 17 s 107; 2019 No. 11 s 87 ; 2024 No. 32 s 3 sch 1\n(sec.84-ssec.1) This section applies only if— the relevant development instrument for the relevant priority development area requires public notice of any part of the PDA development application; or the relevant development is— PDA-associated development declared for the relevant priority development area by MEDQ under section 40C (1) ; and PDA assessable development; or MEDQ, within 20 business days after the properly made date for the application, gives the applicant notice that the applicant must comply with this section.\n(sec.84-ssec.2) The applicant must— publish a notice about the application in a newspaper circulating in the area of the relevant local government; and place the notice on the relevant land in the way prescribed under a regulation; and give a copy of the notice to— MEDQ; and the owners of all land that adjoins the relevant land; and each entity MEDQ requires the applicant to give a copy to.\n(sec.84-ssec.3) However, if an information request has been made in relation to the application, the applicant must not start to comply with subsection (2) until the applicant has been given a notice under section 83B in relation to the request.\n(sec.84-ssec.4) The notice must— state that— the applicant has made a PDA development application; and the application may be inspected on MEDQ’s website; and describe the relevant land; and generally describe the relevant development; and invite anyone to make submissions to MEDQ about the application within a stated period (the submission period ); and state that the making of a submission does not give rise to a right of appeal against a decision about the application.\n(sec.84-ssec.5) The submission period— must not start before subsection (2) is complied with; and must be at least 20 business days; and must not include any business day from 20 December in a particular year to 5 January in the following year, both days inclusive.\n(sec.84-ssec.6) A requirement under subsection (2) (c) (iii) may be made only if MEDQ considers the entity has an interest in the outcome of the application.\n- (a) the relevant development instrument for the relevant priority development area requires public notice of any part of the PDA development application; or\n- (b) the relevant development is— (i) PDA-associated development declared for the relevant priority development area by MEDQ under section 40C (1) ; and (ii) PDA assessable development; or\n- (i) PDA-associated development declared for the relevant priority development area by MEDQ under section 40C (1) ; and\n- (ii) PDA assessable development; or\n- (c) MEDQ, within 20 business days after the properly made date for the application, gives the applicant notice that the applicant must comply with this section.\n- (i) PDA-associated development declared for the relevant priority development area by MEDQ under section 40C (1) ; and\n- (ii) PDA assessable development; or\n- (a) publish a notice about the application in a newspaper circulating in the area of the relevant local government; and\n- (b) place the notice on the relevant land in the way prescribed under a regulation; and\n- (c) give a copy of the notice to— (i) MEDQ; and (ii) the owners of all land that adjoins the relevant land; and (iii) each entity MEDQ requires the applicant to give a copy to.\n- (i) MEDQ; and\n- (ii) the owners of all land that adjoins the relevant land; and\n- (iii) each entity MEDQ requires the applicant to give a copy to.\n- (i) MEDQ; and\n- (ii) the owners of all land that adjoins the relevant land; and\n- (iii) each entity MEDQ requires the applicant to give a copy to.\n- (a) state that— (i) the applicant has made a PDA development application; and (ii) the application may be inspected on MEDQ’s website; and\n- (i) the applicant has made a PDA development application; and\n- (ii) the application may be inspected on MEDQ’s website; and\n- (b) describe the relevant land; and\n- (c) generally describe the relevant development; and\n- (d) invite anyone to make submissions to MEDQ about the application within a stated period (the submission period ); and\n- (e) state that the making of a submission does not give rise to a right of appeal against a decision about the application.\n- (i) the applicant has made a PDA development application; and\n- (ii) the application may be inspected on MEDQ’s website; and\n- (a) must not start before subsection (2) is complied with; and\n- (b) must be at least 20 business days; and\n- (c) must not include any business day from 20 December in a particular year to 5 January in the following year, both days inclusive.","sortOrder":282},{"sectionNumber":"sec.84A","sectionType":"section","heading":"MEDQ must give notice of requirement to give compliance statement","content":"### sec.84A MEDQ must give notice of requirement to give compliance statement\n\nThis section applies if the applicant is required to comply with section 84 for the application.\nMEDQ must give the applicant a notice stating that the application will lapse if the applicant does not, within a stated period of at least 40 business days after the notice is given, give MEDQ a compliance statement in relation to the application.\nHowever, the notice may not be given before—\nif an information request has been made in relation to the application—the applicant is given a notice under section 83B in relation to the request; or\notherwise—the end of 20 business days after the properly made date for the application.\ns 84A ins 2019 No. 11 s 88\n(sec.84A-ssec.1) This section applies if the applicant is required to comply with section 84 for the application.\n(sec.84A-ssec.2) MEDQ must give the applicant a notice stating that the application will lapse if the applicant does not, within a stated period of at least 40 business days after the notice is given, give MEDQ a compliance statement in relation to the application.\n(sec.84A-ssec.3) However, the notice may not be given before— if an information request has been made in relation to the application—the applicant is given a notice under section 83B in relation to the request; or otherwise—the end of 20 business days after the properly made date for the application.\n- (a) if an information request has been made in relation to the application—the applicant is given a notice under section 83B in relation to the request; or\n- (b) otherwise—the end of 20 business days after the properly made date for the application.","sortOrder":283},{"sectionNumber":"sec.84B","sectionType":"section","heading":"Lapsing of application—failure to give compliance statement","content":"### sec.84B Lapsing of application—failure to give compliance statement\n\nThis section applies if the applicant does not give MEDQ a compliance statement in relation to the application within—\nthe period stated in the notice given to the applicant under section 84A (2) ; or\na longer period agreed between the applicant and MEDQ.\nThe application lapses.\nSubsection (2) applies whether or not the applicant has complied with section 84 for the application.\ns 84B ins 2019 No. 11 s 88\n(sec.84B-ssec.1) This section applies if the applicant does not give MEDQ a compliance statement in relation to the application within— the period stated in the notice given to the applicant under section 84A (2) ; or a longer period agreed between the applicant and MEDQ.\n(sec.84B-ssec.2) The application lapses.\n(sec.84B-ssec.3) Subsection (2) applies whether or not the applicant has complied with section 84 for the application.\n- (a) the period stated in the notice given to the applicant under section 84A (2) ; or\n- (b) a longer period agreed between the applicant and MEDQ.","sortOrder":284},{"sectionNumber":"sec.84C","sectionType":"section","heading":"MEDQ must decide whether applicant has complied with s 84","content":"### sec.84C MEDQ must decide whether applicant has complied with s 84\n\nThis section applies if the applicant gives MEDQ a compliance statement in relation to the application within—\nthe period stated in the notice given to the applicant under section 84A (2) ; or\na longer period agreed between the applicant and MEDQ.\nMEDQ must decide whether the applicant has substantially complied with section 84 for the application.\nIf MEDQ decides the applicant has not substantially complied with section 84 for the application, it must give the applicant a notice stating—\nthat the applicant has not substantially complied with section 84 for the application; and\nparticulars of the applicant’s noncompliance; and\nthat MEDQ may refuse the application if the applicant does not, within a stated period of at least 40 business days after the notice is given—\ncomply with section 84 for the application; and\ngive MEDQ a further compliance statement in relation to the application; and\nthat for deciding under section 84D (2) whether the applicant has substantially complied with section 84 for the application, an action taken by the applicant to comply with section 84 before the notice is given is taken not to have happened.\nAn applicant is given a notice under this section stating that the applicant has not substantially complied with section 84 because of a failure to give a notice required under section 84 (2) (c) (ii) . Although the applicant had taken action to comply with the other requirements of section 84 , including publishing a notice under section 84 (2) (a) , for section 84D (2) , the other actions are taken not to have happened. To substantially comply with section 84 , the applicant must, after receiving the notice under this section, publish a new notice under section 84 (2) (a) and substantially comply with the other requirements of section 84 .\ns 84C ins 2019 No. 11 s 88\n(sec.84C-ssec.1) This section applies if the applicant gives MEDQ a compliance statement in relation to the application within— the period stated in the notice given to the applicant under section 84A (2) ; or a longer period agreed between the applicant and MEDQ.\n(sec.84C-ssec.2) MEDQ must decide whether the applicant has substantially complied with section 84 for the application.\n(sec.84C-ssec.3) If MEDQ decides the applicant has not substantially complied with section 84 for the application, it must give the applicant a notice stating— that the applicant has not substantially complied with section 84 for the application; and particulars of the applicant’s noncompliance; and that MEDQ may refuse the application if the applicant does not, within a stated period of at least 40 business days after the notice is given— comply with section 84 for the application; and give MEDQ a further compliance statement in relation to the application; and that for deciding under section 84D (2) whether the applicant has substantially complied with section 84 for the application, an action taken by the applicant to comply with section 84 before the notice is given is taken not to have happened. An applicant is given a notice under this section stating that the applicant has not substantially complied with section 84 because of a failure to give a notice required under section 84 (2) (c) (ii) . Although the applicant had taken action to comply with the other requirements of section 84 , including publishing a notice under section 84 (2) (a) , for section 84D (2) , the other actions are taken not to have happened. To substantially comply with section 84 , the applicant must, after receiving the notice under this section, publish a new notice under section 84 (2) (a) and substantially comply with the other requirements of section 84 .\n- (a) the period stated in the notice given to the applicant under section 84A (2) ; or\n- (b) a longer period agreed between the applicant and MEDQ.\n- (a) that the applicant has not substantially complied with section 84 for the application; and\n- (b) particulars of the applicant’s noncompliance; and\n- (c) that MEDQ may refuse the application if the applicant does not, within a stated period of at least 40 business days after the notice is given— (i) comply with section 84 for the application; and (ii) give MEDQ a further compliance statement in relation to the application; and\n- (i) comply with section 84 for the application; and\n- (ii) give MEDQ a further compliance statement in relation to the application; and\n- (d) that for deciding under section 84D (2) whether the applicant has substantially complied with section 84 for the application, an action taken by the applicant to comply with section 84 before the notice is given is taken not to have happened. Example— An applicant is given a notice under this section stating that the applicant has not substantially complied with section 84 because of a failure to give a notice required under section 84 (2) (c) (ii) . Although the applicant had taken action to comply with the other requirements of section 84 , including publishing a notice under section 84 (2) (a) , for section 84D (2) , the other actions are taken not to have happened. To substantially comply with section 84 , the applicant must, after receiving the notice under this section, publish a new notice under section 84 (2) (a) and substantially comply with the other requirements of section 84 .\n- (i) comply with section 84 for the application; and\n- (ii) give MEDQ a further compliance statement in relation to the application; and","sortOrder":285},{"sectionNumber":"sec.84D","sectionType":"section","heading":"MEDQ must decide whether applicant given s 84C (3) notice has complied with s 84","content":"### sec.84D MEDQ must decide whether applicant given s 84C (3) notice has complied with s 84\n\nThis section applies if the applicant—\nhas been given a notice under section 84C (3) ; and\ngives MEDQ a further compliance statement in relation to the application within—\nthe period stated in the notice; or\na longer period agreed between the applicant and MEDQ.\nMEDQ must decide whether the applicant has substantially complied with section 84 for the application.\nFor subsection (2) , an action taken by the applicant to comply with section 84 before the notice under section 84C (3) was given is taken not to have happened.\ns 84D ins 2019 No. 11 s 88\n(sec.84D-ssec.1) This section applies if the applicant— has been given a notice under section 84C (3) ; and gives MEDQ a further compliance statement in relation to the application within— the period stated in the notice; or a longer period agreed between the applicant and MEDQ.\n(sec.84D-ssec.2) MEDQ must decide whether the applicant has substantially complied with section 84 for the application.\n(sec.84D-ssec.3) For subsection (2) , an action taken by the applicant to comply with section 84 before the notice under section 84C (3) was given is taken not to have happened.\n- (a) has been given a notice under section 84C (3) ; and\n- (b) gives MEDQ a further compliance statement in relation to the application within— (i) the period stated in the notice; or (ii) a longer period agreed between the applicant and MEDQ.\n- (i) the period stated in the notice; or\n- (ii) a longer period agreed between the applicant and MEDQ.\n- (i) the period stated in the notice; or\n- (ii) a longer period agreed between the applicant and MEDQ.","sortOrder":286},{"sectionNumber":"sec.84E","sectionType":"section","heading":"MEDQ may refuse application—failure to give further compliance statement or comply with s 84","content":"### sec.84E MEDQ may refuse application—failure to give further compliance statement or comply with s 84\n\nThis section applies if the applicant has been given a notice under section 84C (3) and either of the following applies—\nthe applicant fails, within the relevant period, to give MEDQ a further compliance statement in relation to the application;\nthe applicant gives MEDQ a further compliance statement in relation to the application within the relevant period but MEDQ decides, under section 84D (2) , that the applicant has not substantially complied with section 84 for the application.\nMEDQ may refuse the application.\nHowever, MEDQ may refuse the application only if it has given the applicant at least 10 business days notice of its intention to do so.\nIn this section—\nrelevant period , in relation to a notice given under section 84C (3) , means—\nthe period stated in the notice; or\na longer period agreed between the applicant and MEDQ.\ns 84E ins 2019 No. 11 s 88\n(sec.84E-ssec.1) This section applies if the applicant has been given a notice under section 84C (3) and either of the following applies— the applicant fails, within the relevant period, to give MEDQ a further compliance statement in relation to the application; the applicant gives MEDQ a further compliance statement in relation to the application within the relevant period but MEDQ decides, under section 84D (2) , that the applicant has not substantially complied with section 84 for the application.\n(sec.84E-ssec.2) MEDQ may refuse the application.\n(sec.84E-ssec.3) However, MEDQ may refuse the application only if it has given the applicant at least 10 business days notice of its intention to do so.\n(sec.84E-ssec.4) In this section— relevant period , in relation to a notice given under section 84C (3) , means— the period stated in the notice; or a longer period agreed between the applicant and MEDQ.\n- (a) the applicant fails, within the relevant period, to give MEDQ a further compliance statement in relation to the application;\n- (b) the applicant gives MEDQ a further compliance statement in relation to the application within the relevant period but MEDQ decides, under section 84D (2) , that the applicant has not substantially complied with section 84 for the application.\n- (a) the period stated in the notice; or\n- (b) a longer period agreed between the applicant and MEDQ.","sortOrder":287},{"sectionNumber":"sec.84F","sectionType":"section","heading":"Notice of refusal of application","content":"### sec.84F Notice of refusal of application\n\nIf MEDQ decides to refuse the application under section 83 (4) or 84E (2) , it must, within 5 business days after the decision is made, give the applicant notice of the decision.\nThe notice must—\nbe in the approved form; and\nstate that MEDQ has decided to refuse the application; and\nstate the reasons for the decision.\ns 84F ins 2019 No. 11 s 88\n(sec.84F-ssec.1) If MEDQ decides to refuse the application under section 83 (4) or 84E (2) , it must, within 5 business days after the decision is made, give the applicant notice of the decision.\n(sec.84F-ssec.2) The notice must— be in the approved form; and state that MEDQ has decided to refuse the application; and state the reasons for the decision.\n- (a) be in the approved form; and\n- (b) state that MEDQ has decided to refuse the application; and\n- (c) state the reasons for the decision.","sortOrder":288},{"sectionNumber":"sec.84G","sectionType":"section","heading":"Consultation","content":"### sec.84G Consultation\n\nIn deciding the application—\nMEDQ need not consult with any entity; but\nmay consult with any entity in the way it considers appropriate.\ns 84G ins 2024 No. 32 s 33\n- (a) MEDQ need not consult with any entity; but\n- (b) may consult with any entity in the way it considers appropriate.","sortOrder":289},{"sectionNumber":"sec.85","sectionType":"section","heading":"Deciding application generally","content":"### sec.85 Deciding application generally\n\nMEDQ can not decide the application unless MEDQ is satisfied—\nif an information request has been made in relation to the application—the applicant has been given a notice under section 83B in relation to the request; and\nif section 84 applies for the application—MEDQ has decided under section 84C (2) or 84D (2) that the applicant has substantially complied with section 84 for the application; and\nthe submission period for the application has ended; and\nif the relevant development is in a provisional priority development area for which the relevant development instrument is a draft provisional land use plan—\nthe development is categorised under a relevant local categorising instrument as accepted development; or\nboth of the following apply—\nthe development is categorised under a relevant local categorising instrument as assessable development requiring code assessment;\nif the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks.\nSubject to sections 83 (4) and 84E (2) , MEDQ must decide the application within 40 business days after it is satisfied as mentioned in subsection (1) .\nHowever, a failure to comply with subsection (2) does not prevent MEDQ from deciding the application.\nMEDQ must decide to—\ngrant all or part of the PDA development approval applied for; or\ngrant all or part of the PDA development approval applied for subject to conditions decided by MEDQ (each a PDA development condition ); or\nrefuse to grant a PDA development approval.\nTo remove any doubt, it is declared that—\nMEDQ may give a PDA preliminary approval even though the applicant sought a PDA development permit; and\nif MEDQ approves only part of an application, the balance of the application is taken to have been refused.\nIn this section—\nrelevant local categorising instrument , in relation to relevant development in a provisional priority development area, means a local categorising instrument within the meaning of the Planning Act that applies for the area to which the application relates.\ns 85 amd 2019 No. 11 ss 55 , 89\n(sec.85-ssec.1) MEDQ can not decide the application unless MEDQ is satisfied— if an information request has been made in relation to the application—the applicant has been given a notice under section 83B in relation to the request; and if section 84 applies for the application—MEDQ has decided under section 84C (2) or 84D (2) that the applicant has substantially complied with section 84 for the application; and the submission period for the application has ended; and if the relevant development is in a provisional priority development area for which the relevant development instrument is a draft provisional land use plan— the development is categorised under a relevant local categorising instrument as accepted development; or both of the following apply— the development is categorised under a relevant local categorising instrument as assessable development requiring code assessment; if the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks.\n(sec.85-ssec.2) Subject to sections 83 (4) and 84E (2) , MEDQ must decide the application within 40 business days after it is satisfied as mentioned in subsection (1) .\n(sec.85-ssec.3) However, a failure to comply with subsection (2) does not prevent MEDQ from deciding the application.\n(sec.85-ssec.4) MEDQ must decide to— grant all or part of the PDA development approval applied for; or grant all or part of the PDA development approval applied for subject to conditions decided by MEDQ (each a PDA development condition ); or refuse to grant a PDA development approval.\n(sec.85-ssec.5) To remove any doubt, it is declared that— MEDQ may give a PDA preliminary approval even though the applicant sought a PDA development permit; and if MEDQ approves only part of an application, the balance of the application is taken to have been refused.\n(sec.85-ssec.6) In this section— relevant local categorising instrument , in relation to relevant development in a provisional priority development area, means a local categorising instrument within the meaning of the Planning Act that applies for the area to which the application relates.\n- (a) if an information request has been made in relation to the application—the applicant has been given a notice under section 83B in relation to the request; and\n- (b) if section 84 applies for the application—MEDQ has decided under section 84C (2) or 84D (2) that the applicant has substantially complied with section 84 for the application; and\n- (c) the submission period for the application has ended; and\n- (d) if the relevant development is in a provisional priority development area for which the relevant development instrument is a draft provisional land use plan— (i) the development is categorised under a relevant local categorising instrument as accepted development; or (ii) both of the following apply— (A) the development is categorised under a relevant local categorising instrument as assessable development requiring code assessment; (B) if the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks.\n- (i) the development is categorised under a relevant local categorising instrument as accepted development; or\n- (ii) both of the following apply— (A) the development is categorised under a relevant local categorising instrument as assessable development requiring code assessment; (B) if the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks.\n- (A) the development is categorised under a relevant local categorising instrument as assessable development requiring code assessment;\n- (B) if the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks.\n- (i) the development is categorised under a relevant local categorising instrument as accepted development; or\n- (ii) both of the following apply— (A) the development is categorised under a relevant local categorising instrument as assessable development requiring code assessment; (B) if the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks.\n- (A) the development is categorised under a relevant local categorising instrument as assessable development requiring code assessment;\n- (B) if the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks.\n- (A) the development is categorised under a relevant local categorising instrument as assessable development requiring code assessment;\n- (B) if the development were assessed against the assessment benchmarks applying for the development under the relevant local categorising instrument, it would comply with all the assessment benchmarks.\n- (a) grant all or part of the PDA development approval applied for; or\n- (b) grant all or part of the PDA development approval applied for subject to conditions decided by MEDQ (each a PDA development condition ); or\n- (c) refuse to grant a PDA development approval.\n- (a) MEDQ may give a PDA preliminary approval even though the applicant sought a PDA development permit; and\n- (b) if MEDQ approves only part of an application, the balance of the application is taken to have been refused.","sortOrder":290},{"sectionNumber":"sec.86","sectionType":"section","heading":"Restrictions on granting approval","content":"### sec.86 Restrictions on granting approval\n\nMEDQ can not grant the PDA development approval applied for if the relevant development would be inconsistent with the relevant development instrument for the relevant priority development area unless—\na preliminary approval under the Planning Act is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or\na PDA preliminary approval is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or\nfor a priority development area other than a provisional priority development area—there is a proposed development scheme and the relevant development would be consistent with the proposed development scheme.\nTo remove any doubt, it is declared that subsection (1) does not require MEDQ to grant the PDA development approval only because subsection (1) (a) , (b) or (c) applies.\nIf PDA-associated development is declared for a priority development area under section 40C (1) , the development is not inconsistent with the relevant development instrument for the area only because the instrument does not identify the development or adequately provide for its assessment.\nIn this section—\nproposed development scheme , for the relevant priority development area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 59 , or section 59 as applied under section 67 , that has not taken effect.\ns 86 amd 2016 No. 17 s 108 ; 2016 No. 27 s 185\n(sec.86-ssec.1) MEDQ can not grant the PDA development approval applied for if the relevant development would be inconsistent with the relevant development instrument for the relevant priority development area unless— a preliminary approval under the Planning Act is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or a PDA preliminary approval is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or for a priority development area other than a provisional priority development area—there is a proposed development scheme and the relevant development would be consistent with the proposed development scheme.\n(sec.86-ssec.2) To remove any doubt, it is declared that subsection (1) does not require MEDQ to grant the PDA development approval only because subsection (1) (a) , (b) or (c) applies.\n(sec.86-ssec.2A) If PDA-associated development is declared for a priority development area under section 40C (1) , the development is not inconsistent with the relevant development instrument for the area only because the instrument does not identify the development or adequately provide for its assessment.\n(sec.86-ssec.3) In this section— proposed development scheme , for the relevant priority development area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 59 , or section 59 as applied under section 67 , that has not taken effect.\n- (a) a preliminary approval under the Planning Act is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or\n- (b) a PDA preliminary approval is in force for the relevant land and the relevant development would be consistent with the preliminary approval; or\n- (c) for a priority development area other than a provisional priority development area—there is a proposed development scheme and the relevant development would be consistent with the proposed development scheme.","sortOrder":291},{"sectionNumber":"sec.87","sectionType":"section","heading":"Matters to be considered in making decision","content":"### sec.87 Matters to be considered in making decision\n\nIn deciding the application, MEDQ must consider—\nthe main purpose of this Act; and\nany relevant State interest; and\nany submissions made to it about the application, during the submission period; and\nthe following instruments—\nfor an application for development in, or PDA-associated development for, a provisional priority development area—\nif a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or\notherwise—the draft provisional land use plan for the area;\nfor an application for development in, or PDA-associated development for, another priority development area—\nif a development scheme is in effect for the area when the application is decided—the development scheme; or\nif a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or\nif a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and\nany PDA preliminary approval in force for the relevant land; and\nany preliminary approval under the Planning Act in force for the relevant land; and\nif the application is for development in a place renewal area—\na place renewal framework in effect for the area under part 4A when the application is decided; and\nany advice sought by MEDQ in relation to the place renewal framework or the application.\nAlso, in deciding an application for development in, or PDA-associated development for, a priority development area other than a provisional priority development area, if—\nthere is—\na development scheme or interim land use plan for the area; and\na proposed development scheme for the area; and\nthe proposed development scheme was prepared after the development scheme or interim land use plan took effect;\nMEDQ may, subject to section 86 , give the weight it considers appropriate to the proposed scheme.\nIn deciding an application for PDA-associated development for a priority development area, MEDQ may, subject to section 86 , give the weight it considers appropriate to any of the following instruments that would, under the Planning Act , have regulated the development if it were not PDA-associated development for the area—\na planning instrument that applies to the relevant land;\nassessment benchmarks for the development prescribed by regulation under the Planning Act ;\nassessment benchmarks for the development made under another Act for the Planning Act .\nSubsection (1) (c) does not prevent MEDQ from considering a submission about the application made to it after the submission period has ended.\nSubsection (6) applies for deciding an application for development in, or PDA-associated development (other than PDA-associated development declared under section 40C (1) ) for, a priority development area if—\nmore than 1 development scheme, or more than 1 interim land use plan, is in effect for the area; or\n1 or more development schemes and 1 or more interim land use plans are in effect for the area.\nA reference in subsection (1) (d) (ii) or (2) to the development scheme, proposed development scheme or interim land use plan for the priority development area is—\nfor an application for development in the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that applies or is proposed for the part of the area in which the development is to be carried out; or\nfor an application for PDA-associated development (other than PDA-associated development declared under section 40C (1) ) for the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that identifies the development as PDA-associated development.\nIn this section—\nproposed development scheme , for a priority development area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 59 , or section 59 as applied under section 67 , that has not taken effect.\ns 87 amd 2016 No. 17 s 109 ; 2016 No. 27 s 186 ; 2019 No. 11 s 56 ; 2024 No. 32 s 34\n(sec.87-ssec.1) In deciding the application, MEDQ must consider— the main purpose of this Act; and any relevant State interest; and any submissions made to it about the application, during the submission period; and the following instruments— for an application for development in, or PDA-associated development for, a provisional priority development area— if a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or otherwise—the draft provisional land use plan for the area; for an application for development in, or PDA-associated development for, another priority development area— if a development scheme is in effect for the area when the application is decided—the development scheme; or if a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or if a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and any PDA preliminary approval in force for the relevant land; and any preliminary approval under the Planning Act in force for the relevant land; and if the application is for development in a place renewal area— a place renewal framework in effect for the area under part 4A when the application is decided; and any advice sought by MEDQ in relation to the place renewal framework or the application.\n(sec.87-ssec.2) Also, in deciding an application for development in, or PDA-associated development for, a priority development area other than a provisional priority development area, if— there is— a development scheme or interim land use plan for the area; and a proposed development scheme for the area; and the proposed development scheme was prepared after the development scheme or interim land use plan took effect; MEDQ may, subject to section 86 , give the weight it considers appropriate to the proposed scheme.\n(sec.87-ssec.3) In deciding an application for PDA-associated development for a priority development area, MEDQ may, subject to section 86 , give the weight it considers appropriate to any of the following instruments that would, under the Planning Act , have regulated the development if it were not PDA-associated development for the area— a planning instrument that applies to the relevant land; assessment benchmarks for the development prescribed by regulation under the Planning Act ; assessment benchmarks for the development made under another Act for the Planning Act .\n(sec.87-ssec.4) Subsection (1) (c) does not prevent MEDQ from considering a submission about the application made to it after the submission period has ended.\n(sec.87-ssec.5) Subsection (6) applies for deciding an application for development in, or PDA-associated development (other than PDA-associated development declared under section 40C (1) ) for, a priority development area if— more than 1 development scheme, or more than 1 interim land use plan, is in effect for the area; or 1 or more development schemes and 1 or more interim land use plans are in effect for the area.\n(sec.87-ssec.6) A reference in subsection (1) (d) (ii) or (2) to the development scheme, proposed development scheme or interim land use plan for the priority development area is— for an application for development in the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that applies or is proposed for the part of the area in which the development is to be carried out; or for an application for PDA-associated development (other than PDA-associated development declared under section 40C (1) ) for the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that identifies the development as PDA-associated development.\n(sec.87-ssec.7) In this section— proposed development scheme , for a priority development area, means a proposed development scheme, or a proposed amendment of a development scheme, for the area published under section 59 , or section 59 as applied under section 67 , that has not taken effect.\n- (a) the main purpose of this Act; and\n- (b) any relevant State interest; and\n- (c) any submissions made to it about the application, during the submission period; and\n- (d) the following instruments— (i) for an application for development in, or PDA-associated development for, a provisional priority development area— (A) if a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or (B) otherwise—the draft provisional land use plan for the area; (ii) for an application for development in, or PDA-associated development for, another priority development area— (A) if a development scheme is in effect for the area when the application is decided—the development scheme; or (B) if a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or (C) if a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and\n- (i) for an application for development in, or PDA-associated development for, a provisional priority development area— (A) if a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or (B) otherwise—the draft provisional land use plan for the area;\n- (A) if a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or\n- (B) otherwise—the draft provisional land use plan for the area;\n- (ii) for an application for development in, or PDA-associated development for, another priority development area— (A) if a development scheme is in effect for the area when the application is decided—the development scheme; or (B) if a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or (C) if a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and\n- (A) if a development scheme is in effect for the area when the application is decided—the development scheme; or\n- (B) if a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or\n- (C) if a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and\n- (e) any PDA preliminary approval in force for the relevant land; and\n- (f) any preliminary approval under the Planning Act in force for the relevant land; and\n- (g) if the application is for development in a place renewal area— (i) a place renewal framework in effect for the area under part 4A when the application is decided; and (ii) any advice sought by MEDQ in relation to the place renewal framework or the application.\n- (i) a place renewal framework in effect for the area under part 4A when the application is decided; and\n- (ii) any advice sought by MEDQ in relation to the place renewal framework or the application.\n- (i) for an application for development in, or PDA-associated development for, a provisional priority development area— (A) if a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or (B) otherwise—the draft provisional land use plan for the area;\n- (A) if a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or\n- (B) otherwise—the draft provisional land use plan for the area;\n- (ii) for an application for development in, or PDA-associated development for, another priority development area— (A) if a development scheme is in effect for the area when the application is decided—the development scheme; or (B) if a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or (C) if a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and\n- (A) if a development scheme is in effect for the area when the application is decided—the development scheme; or\n- (B) if a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or\n- (C) if a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and\n- (A) if a provisional land use plan is in effect for the area when the application is decided—the provisional land use plan; or\n- (B) otherwise—the draft provisional land use plan for the area;\n- (A) if a development scheme is in effect for the area when the application is decided—the development scheme; or\n- (B) if a development scheme is not in effect for the area when the application is decided, but there is a proposed development scheme for the area—the interim land use plan for the area and the proposed development scheme; or\n- (C) if a development scheme is not in effect for the area when the application is decided and there is no proposed development scheme for the area—the interim land use plan for the area; and\n- (i) a place renewal framework in effect for the area under part 4A when the application is decided; and\n- (ii) any advice sought by MEDQ in relation to the place renewal framework or the application.\n- (a) there is— (i) a development scheme or interim land use plan for the area; and (ii) a proposed development scheme for the area; and\n- (i) a development scheme or interim land use plan for the area; and\n- (ii) a proposed development scheme for the area; and\n- (b) the proposed development scheme was prepared after the development scheme or interim land use plan took effect;\n- (i) a development scheme or interim land use plan for the area; and\n- (ii) a proposed development scheme for the area; and\n- (a) a planning instrument that applies to the relevant land;\n- (b) assessment benchmarks for the development prescribed by regulation under the Planning Act ;\n- (c) assessment benchmarks for the development made under another Act for the Planning Act .\n- (a) more than 1 development scheme, or more than 1 interim land use plan, is in effect for the area; or\n- (b) 1 or more development schemes and 1 or more interim land use plans are in effect for the area.\n- (a) for an application for development in the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that applies or is proposed for the part of the area in which the development is to be carried out; or\n- (b) for an application for PDA-associated development (other than PDA-associated development declared under section 40C (1) ) for the priority development area—a reference to the development scheme, proposed development scheme or interim land use plan that identifies the development as PDA-associated development.","sortOrder":292},{"sectionNumber":"sec.88","sectionType":"section","heading":"PDA development conditions","content":"### sec.88 PDA development conditions\n\nWithout limiting section 85 (4) , a PDA development condition may—\nnominate a stated entity to be the nominated assessing authority for the condition; or\nrelate to infrastructure, and the payment of charges or the surrender of land for infrastructure, for any priority development area; or\nrequire compliance with an infrastructure agreement that relates to the relevant land; or\nrequire the making of stated improvements to the relevant land; or\nimpose a condition or restriction on a disposal of the relevant land; or\nrelate to any of the following for any priority development area—\nthe supply of social housing on the relevant land for the PDA development approval;\nthe supply of affordable housing on the relevant land for the PDA development approval;\nthe payment of an amount in lieu of the supply of social housing or affordable housing.\nHowever, a PDA development condition mentioned in subsection (1) (f) may be imposed only if the relevant development instrument for the priority development area for which the PDA development approval has been granted provides for requirements relating to the condition.\ns 88 amd 2014 No. 40 s 12 ; 2019 No. 11 s 57 ; 2024 No. 32 s 35\n(sec.88-ssec.1) Without limiting section 85 (4) , a PDA development condition may— nominate a stated entity to be the nominated assessing authority for the condition; or relate to infrastructure, and the payment of charges or the surrender of land for infrastructure, for any priority development area; or require compliance with an infrastructure agreement that relates to the relevant land; or require the making of stated improvements to the relevant land; or impose a condition or restriction on a disposal of the relevant land; or relate to any of the following for any priority development area— the supply of social housing on the relevant land for the PDA development approval; the supply of affordable housing on the relevant land for the PDA development approval; the payment of an amount in lieu of the supply of social housing or affordable housing.\n(sec.88-ssec.2) However, a PDA development condition mentioned in subsection (1) (f) may be imposed only if the relevant development instrument for the priority development area for which the PDA development approval has been granted provides for requirements relating to the condition.\n- (a) nominate a stated entity to be the nominated assessing authority for the condition; or\n- (b) relate to infrastructure, and the payment of charges or the surrender of land for infrastructure, for any priority development area; or\n- (c) require compliance with an infrastructure agreement that relates to the relevant land; or\n- (d) require the making of stated improvements to the relevant land; or\n- (e) impose a condition or restriction on a disposal of the relevant land; or\n- (f) relate to any of the following for any priority development area— (i) the supply of social housing on the relevant land for the PDA development approval; (ii) the supply of affordable housing on the relevant land for the PDA development approval; (iii) the payment of an amount in lieu of the supply of social housing or affordable housing.\n- (i) the supply of social housing on the relevant land for the PDA development approval;\n- (ii) the supply of affordable housing on the relevant land for the PDA development approval;\n- (iii) the payment of an amount in lieu of the supply of social housing or affordable housing.\n- (i) the supply of social housing on the relevant land for the PDA development approval;\n- (ii) the supply of affordable housing on the relevant land for the PDA development approval;\n- (iii) the payment of an amount in lieu of the supply of social housing or affordable housing.","sortOrder":293},{"sectionNumber":"sec.88A","sectionType":"section","heading":"Use of amounts paid in lieu of supply of social housing or affordable housing","content":"### sec.88A Use of amounts paid in lieu of supply of social housing or affordable housing\n\nThis section applies if a PDA development condition of a PDA development approval imposed under section 88 (1) (f) (iii) requires the payment of an amount in lieu of the supply of social housing or affordable housing on the relevant land for the PDA development approval.\nThe amount may be used by MEDQ for the provision of social housing or affordable housing in the local government area in which the relevant land for the PDA development approval is situated.\ns 88A ins 2024 No. 32 s 36\n(sec.88A-ssec.1) This section applies if a PDA development condition of a PDA development approval imposed under section 88 (1) (f) (iii) requires the payment of an amount in lieu of the supply of social housing or affordable housing on the relevant land for the PDA development approval.\n(sec.88A-ssec.2) The amount may be used by MEDQ for the provision of social housing or affordable housing in the local government area in which the relevant land for the PDA development approval is situated.","sortOrder":294},{"sectionNumber":"sec.89","sectionType":"section","heading":"Decision notice","content":"### sec.89 Decision notice\n\nMEDQ must, within 5 business days after deciding the application, give notice of the decision (the decision notice ) to—\nthe applicant; and\nthe relevant local government; and\nif the decision was to grant a PDA development approval—any nominated assessing authority.\nThe decision notice must—\nbe in the approved form; and\nstate the decision; and\nstate any PDA development conditions decided.\nIf the decision was to refuse to grant an approval, the decision notice must state the reasons for the refusal.\nIf the decision was to grant a PDA development approval, MEDQ must, when giving the decision notice to an entity mentioned in subsection (1) , also give the entity a copy of any plans and specifications approved by MEDQ concerning the approval.\n(sec.89-ssec.1) MEDQ must, within 5 business days after deciding the application, give notice of the decision (the decision notice ) to— the applicant; and the relevant local government; and if the decision was to grant a PDA development approval—any nominated assessing authority.\n(sec.89-ssec.2) The decision notice must— be in the approved form; and state the decision; and state any PDA development conditions decided.\n(sec.89-ssec.3) If the decision was to refuse to grant an approval, the decision notice must state the reasons for the refusal.\n(sec.89-ssec.4) If the decision was to grant a PDA development approval, MEDQ must, when giving the decision notice to an entity mentioned in subsection (1) , also give the entity a copy of any plans and specifications approved by MEDQ concerning the approval.\n- (a) the applicant; and\n- (b) the relevant local government; and\n- (c) if the decision was to grant a PDA development approval—any nominated assessing authority.\n- (a) be in the approved form; and\n- (b) state the decision; and\n- (c) state any PDA development conditions decided.","sortOrder":295},{"sectionNumber":"sec.90","sectionType":"section","heading":"Right of appeal against particular conditions","content":"### sec.90 Right of appeal against particular conditions\n\nThis section applies if a PDA development condition includes a nominated assessing authority (the entity ).\nThe person who made the relevant PDA development application may appeal to the Planning and Environment Court against MEDQ’s decision to impose the condition.\nAn appeal under subsection (2) must be started within 20 business days after the day the applicant is given notice of the decision.\nAn appellant starts an appeal by lodging, with the registrar of the Planning and Environment Court, a written notice of appeal that—\nis in the approved form; and\nsuccinctly states the grounds of the appeal.\nThe Planning and Environment Court Act 2016 , part 5 applies, with necessary changes, to the appeal as if—\nthe appeal were a Planning Act appeal under that Act; and\nthe entity were the only other party to the appeal.\nHowever—\nthe appellant must, as soon as practicable after giving the entity the notice of appeal, give MEDQ a copy of the notice; and\nMEDQ may, by lodging a notice of election with the registrar of the court, elect to become a party to the appeal.\nMEDQ must give the other parties a copy of the notice of election as soon as practicable after it is lodged.\ns 90 amd 2016 No. 27 s 187\n(sec.90-ssec.1) This section applies if a PDA development condition includes a nominated assessing authority (the entity ).\n(sec.90-ssec.2) The person who made the relevant PDA development application may appeal to the Planning and Environment Court against MEDQ’s decision to impose the condition.\n(sec.90-ssec.3) An appeal under subsection (2) must be started within 20 business days after the day the applicant is given notice of the decision.\n(sec.90-ssec.4) An appellant starts an appeal by lodging, with the registrar of the Planning and Environment Court, a written notice of appeal that— is in the approved form; and succinctly states the grounds of the appeal.\n(sec.90-ssec.5) The Planning and Environment Court Act 2016 , part 5 applies, with necessary changes, to the appeal as if— the appeal were a Planning Act appeal under that Act; and the entity were the only other party to the appeal.\n(sec.90-ssec.6) However— the appellant must, as soon as practicable after giving the entity the notice of appeal, give MEDQ a copy of the notice; and MEDQ may, by lodging a notice of election with the registrar of the court, elect to become a party to the appeal.\n(sec.90-ssec.7) MEDQ must give the other parties a copy of the notice of election as soon as practicable after it is lodged.\n- (a) is in the approved form; and\n- (b) succinctly states the grounds of the appeal.\n- (a) the appeal were a Planning Act appeal under that Act; and\n- (b) the entity were the only other party to the appeal.\n- (a) the appellant must, as soon as practicable after giving the entity the notice of appeal, give MEDQ a copy of the notice; and\n- (b) MEDQ may, by lodging a notice of election with the registrar of the court, elect to become a party to the appeal.","sortOrder":296},{"sectionNumber":"sec.91","sectionType":"section","heading":"Approved material change of use required for particular developments","content":"### sec.91 Approved material change of use required for particular developments\n\nThis section applies if, when a PDA development application is made—\na structure or works, the subject of the application, may not be used unless a PDA development permit exists for the material change of use of premises for which the structure is, or works are, proposed; and\nthere is no PDA development permit for the change of use; and\napproval for the material change of use has not been applied for in the application or a separate application.\nThe application is taken also to be for the change of use.\n(sec.91-ssec.1) This section applies if, when a PDA development application is made— a structure or works, the subject of the application, may not be used unless a PDA development permit exists for the material change of use of premises for which the structure is, or works are, proposed; and there is no PDA development permit for the change of use; and approval for the material change of use has not been applied for in the application or a separate application.\n(sec.91-ssec.2) The application is taken also to be for the change of use.\n- (a) a structure or works, the subject of the application, may not be used unless a PDA development permit exists for the material change of use of premises for which the structure is, or works are, proposed; and\n- (b) there is no PDA development permit for the change of use; and\n- (c) approval for the material change of use has not been applied for in the application or a separate application.","sortOrder":297},{"sectionNumber":"sec.92","sectionType":"section","heading":"Changing application","content":"### sec.92 Changing application\n\nA PDA development application may be changed by the applicant only if—\nthe applicant has given MEDQ a notice stating details of the proposed change; and\nMEDQ has agreed in writing to the making of the change.\nThe agreement under subsection (1) (b) may be given only if MEDQ is satisfied the change would not result in the relevant development being substantially different.\n(sec.92-ssec.1) A PDA development application may be changed by the applicant only if— the applicant has given MEDQ a notice stating details of the proposed change; and MEDQ has agreed in writing to the making of the change.\n(sec.92-ssec.2) The agreement under subsection (1) (b) may be given only if MEDQ is satisfied the change would not result in the relevant development being substantially different.\n- (a) the applicant has given MEDQ a notice stating details of the proposed change; and\n- (b) MEDQ has agreed in writing to the making of the change.","sortOrder":298},{"sectionNumber":"sec.93","sectionType":"section","heading":"Withdrawing application","content":"### sec.93 Withdrawing application\n\nA PDA development application may be withdrawn by the applicant by notice given to MEDQ at any time before the application is decided.\nSee section 129A in relation to the refunding and waiving of fees.\ns 93 amd 2019 No. 11 s 90","sortOrder":299},{"sectionNumber":"ch.3-pt.4-div.4","sectionType":"division","heading":"PDA development approvals","content":"## PDA development approvals","sortOrder":300},{"sectionNumber":"sec.94","sectionType":"section","heading":"Types of PDA development approvals","content":"### sec.94 Types of PDA development approvals\n\nA PDA preliminary approval is a PDA development approval that—\napproves development, but does not authorise PDA assessable development to take place; and\napproves development—\nto the extent stated in the approval; and\nsubject to the conditions of the approval.\nA PDA development permit is a PDA development approval that authorises the carrying out of PDA assessable development—\nto the extent provided for under the permit; and\nsubject to—\nthe conditions of the permit; and\nany PDA preliminary approval relating to the development the permit authorises, including any conditions of the PDA preliminary approval.\nThere is no requirement to get a PDA preliminary approval for development.\nPDA preliminary approvals assist in the staging of approvals.\n(sec.94-ssec.1) A PDA preliminary approval is a PDA development approval that— approves development, but does not authorise PDA assessable development to take place; and approves development— to the extent stated in the approval; and subject to the conditions of the approval.\n(sec.94-ssec.2) A PDA development permit is a PDA development approval that authorises the carrying out of PDA assessable development— to the extent provided for under the permit; and subject to— the conditions of the permit; and any PDA preliminary approval relating to the development the permit authorises, including any conditions of the PDA preliminary approval.\n(sec.94-ssec.3) There is no requirement to get a PDA preliminary approval for development. PDA preliminary approvals assist in the staging of approvals.\n- (a) approves development, but does not authorise PDA assessable development to take place; and\n- (b) approves development— (i) to the extent stated in the approval; and (ii) subject to the conditions of the approval.\n- (i) to the extent stated in the approval; and\n- (ii) subject to the conditions of the approval.\n- (i) to the extent stated in the approval; and\n- (ii) subject to the conditions of the approval.\n- (a) to the extent provided for under the permit; and\n- (b) subject to— (i) the conditions of the permit; and (ii) any PDA preliminary approval relating to the development the permit authorises, including any conditions of the PDA preliminary approval.\n- (i) the conditions of the permit; and\n- (ii) any PDA preliminary approval relating to the development the permit authorises, including any conditions of the PDA preliminary approval.\n- (i) the conditions of the permit; and\n- (ii) any PDA preliminary approval relating to the development the permit authorises, including any conditions of the PDA preliminary approval.","sortOrder":301},{"sectionNumber":"sec.95","sectionType":"section","heading":"Duration of approval","content":"### sec.95 Duration of approval\n\nA PDA development approval has effect from when the decision notice for the relevant PDA development application is given.\nThe relevant development may, subject to any relevant PDA development conditions, start when the approval takes effect.\nHowever, the approval ceases to have effect if it—\nis cancelled under section 98 ; or\nlapses under section 100 or 102 .\n(sec.95-ssec.1) A PDA development approval has effect from when the decision notice for the relevant PDA development application is given.\n(sec.95-ssec.2) The relevant development may, subject to any relevant PDA development conditions, start when the approval takes effect.\n(sec.95-ssec.3) However, the approval ceases to have effect if it— is cancelled under section 98 ; or lapses under section 100 or 102 .\n- (a) is cancelled under section 98 ; or\n- (b) lapses under section 100 or 102 .","sortOrder":302},{"sectionNumber":"sec.96","sectionType":"section","heading":"Approval attaches to the relevant land","content":"### sec.96 Approval attaches to the relevant land\n\nA PDA development approval attaches to the relevant land, and binds its owner, the owner’s successors in title and any occupier of the land.\nTo remove any doubt, it is declared that subsection (1) applies even if later development, including reconfiguring a lot, is approved for the land, or the land as reconfigured under the PDA development approval.\n(sec.96-ssec.1) A PDA development approval attaches to the relevant land, and binds its owner, the owner’s successors in title and any occupier of the land.\n(sec.96-ssec.2) To remove any doubt, it is declared that subsection (1) applies even if later development, including reconfiguring a lot, is approved for the land, or the land as reconfigured under the PDA development approval.","sortOrder":303},{"sectionNumber":"sec.97","sectionType":"section","heading":"Provision for enforcement of PDA development conditions","content":"### sec.97 Provision for enforcement of PDA development conditions\n\nIf there is a nominated assessing authority for a PDA development condition imposed on a PDA development approval, the Planning Act , chapter 5 , part 3 , and any other Act mentioning a development approval under the Planning Act , applies to the condition as if—\nthe PDA development approval were a development approval under the Planning Act ; and\nthe nominated assessing authority were an enforcement authority under the Planning Act for development under the PDA development approval; and\na reference in the Planning Act , chapter 5 , part 3 , or the other Act, to a development offence under the Planning Act were a reference to a PDA development offence.\nTo remove any doubt, it is declared that this section does not limit or otherwise affect MEDQ’s ability to apply for an enforcement order or to start a proceeding under this Act relating to the condition.\ns 97 amd 2016 No. 27 s 188\n(sec.97-ssec.1) If there is a nominated assessing authority for a PDA development condition imposed on a PDA development approval, the Planning Act , chapter 5 , part 3 , and any other Act mentioning a development approval under the Planning Act , applies to the condition as if— the PDA development approval were a development approval under the Planning Act ; and the nominated assessing authority were an enforcement authority under the Planning Act for development under the PDA development approval; and a reference in the Planning Act , chapter 5 , part 3 , or the other Act, to a development offence under the Planning Act were a reference to a PDA development offence.\n(sec.97-ssec.2) To remove any doubt, it is declared that this section does not limit or otherwise affect MEDQ’s ability to apply for an enforcement order or to start a proceeding under this Act relating to the condition.\n- (a) the PDA development approval were a development approval under the Planning Act ; and\n- (b) the nominated assessing authority were an enforcement authority under the Planning Act for development under the PDA development approval; and\n- (c) a reference in the Planning Act , chapter 5 , part 3 , or the other Act, to a development offence under the Planning Act were a reference to a PDA development offence.","sortOrder":304},{"sectionNumber":"sec.98","sectionType":"section","heading":"Cancellation","content":"### sec.98 Cancellation\n\nMEDQ may cancel a PDA development approval only if the owner of the relevant land consents in writing to the cancellation.\nSee section 129A in relation to the refunding and waiving of fees.\nHowever, MEDQ can not cancel the PDA development approval if the relevant development has substantially commenced.\ns 98 amd 2019 No. 11 s 91\n(sec.98-ssec.1) MEDQ may cancel a PDA development approval only if the owner of the relevant land consents in writing to the cancellation. See section 129A in relation to the refunding and waiving of fees.\n(sec.98-ssec.2) However, MEDQ can not cancel the PDA development approval if the relevant development has substantially commenced.","sortOrder":305},{"sectionNumber":"sec.99","sectionType":"section","heading":"Application to change PDA development approval","content":"### sec.99 Application to change PDA development approval\n\nA person may apply (the amendment application ) to MEDQ to change a PDA development approval.\nHowever, the amendment application may be made only if MEDQ is satisfied the change would not result in the relevant development being substantially different.\nDivision 3 applies for the amendment application as if—\na reference in the division to a PDA development application were a reference to the amendment application; and\na reference in the division to a PDA development approval were a reference to a changed PDA development approval; and\na reference in the division to the granting of a PDA development approval were a reference to the making of the change.\nDespite subsection (3) , section 84 (2) to (6) applies for the amendment application only in a circumstance mentioned in section 84 (1) (c) .\ns 99 amd 2016 No. 17 s 110 ; 2019 No. 11 ss 58 , 92\n(sec.99-ssec.1) A person may apply (the amendment application ) to MEDQ to change a PDA development approval.\n(sec.99-ssec.2) However, the amendment application may be made only if MEDQ is satisfied the change would not result in the relevant development being substantially different.\n(sec.99-ssec.3) Division 3 applies for the amendment application as if— a reference in the division to a PDA development application were a reference to the amendment application; and a reference in the division to a PDA development approval were a reference to a changed PDA development approval; and a reference in the division to the granting of a PDA development approval were a reference to the making of the change.\n(sec.99-ssec.4) Despite subsection (3) , section 84 (2) to (6) applies for the amendment application only in a circumstance mentioned in section 84 (1) (c) .\n- (a) a reference in the division to a PDA development application were a reference to the amendment application; and\n- (b) a reference in the division to a PDA development approval were a reference to a changed PDA development approval; and\n- (c) a reference in the division to the granting of a PDA development approval were a reference to the making of the change.","sortOrder":306},{"sectionNumber":"sec.100","sectionType":"section","heading":"When approval lapses generally","content":"### sec.100 When approval lapses generally\n\nThis section applies subject to section 102 (5) and any extension granted under section 102 .\nA PDA development approval lapses at the end of its currency period unless—\nfor development that is a material change of use—the change of use happens before the currency period ends; or\nfor development that is reconfiguring a lot—the plan for the reconfiguration of the lot is given to MEDQ for its approval before the currency period ends; or\nfor development not mentioned in paragraph (a) or (b) —development under the approval substantially starts before the currency period ends.\nTo the extent the PDA development approval is for development other than a material change of use or reconfiguring a lot, its currency period is—\ngenerally—2 years from the day the approval takes effect (the day of effect ); or\nif the approval states a different period—the stated period.\nTo the extent the PDA development approval is for development that is a material change of use, its currency period is—\n6 years from the day of effect; or\nif the approval states a different period—the stated period.\nTo the extent the PDA development approval is for development that is reconfiguring a lot, its currency period is—\n4 years from the day of effect; or\nif the approval states a different period—the stated period.\ns 100 amd 2016 No. 27 s 189\n(sec.100-ssec.1) This section applies subject to section 102 (5) and any extension granted under section 102 .\n(sec.100-ssec.2) A PDA development approval lapses at the end of its currency period unless— for development that is a material change of use—the change of use happens before the currency period ends; or for development that is reconfiguring a lot—the plan for the reconfiguration of the lot is given to MEDQ for its approval before the currency period ends; or for development not mentioned in paragraph (a) or (b) —development under the approval substantially starts before the currency period ends.\n(sec.100-ssec.3) To the extent the PDA development approval is for development other than a material change of use or reconfiguring a lot, its currency period is— generally—2 years from the day the approval takes effect (the day of effect ); or if the approval states a different period—the stated period.\n(sec.100-ssec.4) To the extent the PDA development approval is for development that is a material change of use, its currency period is— 6 years from the day of effect; or if the approval states a different period—the stated period.\n(sec.100-ssec.5) To the extent the PDA development approval is for development that is reconfiguring a lot, its currency period is— 4 years from the day of effect; or if the approval states a different period—the stated period.\n- (a) for development that is a material change of use—the change of use happens before the currency period ends; or\n- (b) for development that is reconfiguring a lot—the plan for the reconfiguration of the lot is given to MEDQ for its approval before the currency period ends; or\n- (c) for development not mentioned in paragraph (a) or (b) —development under the approval substantially starts before the currency period ends.\n- (a) generally—2 years from the day the approval takes effect (the day of effect ); or\n- (b) if the approval states a different period—the stated period.\n- (a) 6 years from the day of effect; or\n- (b) if the approval states a different period—the stated period.\n- (a) 4 years from the day of effect; or\n- (b) if the approval states a different period—the stated period.","sortOrder":307},{"sectionNumber":"sec.101","sectionType":"section","heading":"Application to extend currency period","content":"### sec.101 Application to extend currency period\n\nBefore a PDA development approval lapses under section 100 (2) , a person having an interest in the relevant land may apply to MEDQ to extend the approval’s currency period applying under section 100 .\nHowever, an application under subsection (1) can not be made for a PDA development approval for a provisional priority development area.\nThe application must be—\nin the approved form; and\nmade before the currency period ends; and\naccompanied by the application fee decided by MEDQ.\n(sec.101-ssec.1) Before a PDA development approval lapses under section 100 (2) , a person having an interest in the relevant land may apply to MEDQ to extend the approval’s currency period applying under section 100 .\n(sec.101-ssec.2) However, an application under subsection (1) can not be made for a PDA development approval for a provisional priority development area.\n(sec.101-ssec.3) The application must be— in the approved form; and made before the currency period ends; and accompanied by the application fee decided by MEDQ.\n- (a) in the approved form; and\n- (b) made before the currency period ends; and\n- (c) accompanied by the application fee decided by MEDQ.","sortOrder":308},{"sectionNumber":"sec.102","sectionType":"section","heading":"Deciding extension application","content":"### sec.102 Deciding extension application\n\nThis section applies if an application for an extension is made under section 101 .\nBefore granting or refusing the extension, MEDQ must consult with each nominated assessing authority under the PDA development approval.\nMEDQ must grant or refuse the extension within—\ngenerally—20 business days after the making of the application; or\nif, during the 20 business days, MEDQ and the applicant agree on a longer period—the longer period.\nMEDQ must, within 5 business days after making the decision, give notice of the decision to the applicant and each nominated assessing authority under the PDA development approval.\nDespite section 100 , the PDA development approval does not lapse until MEDQ has given the applicant the notice under subsection (4) .\nIf the decision was to refuse the extension, the notice must state the reasons for the refusal.\n(sec.102-ssec.1) This section applies if an application for an extension is made under section 101 .\n(sec.102-ssec.2) Before granting or refusing the extension, MEDQ must consult with each nominated assessing authority under the PDA development approval.\n(sec.102-ssec.3) MEDQ must grant or refuse the extension within— generally—20 business days after the making of the application; or if, during the 20 business days, MEDQ and the applicant agree on a longer period—the longer period.\n(sec.102-ssec.4) MEDQ must, within 5 business days after making the decision, give notice of the decision to the applicant and each nominated assessing authority under the PDA development approval.\n(sec.102-ssec.5) Despite section 100 , the PDA development approval does not lapse until MEDQ has given the applicant the notice under subsection (4) .\n(sec.102-ssec.6) If the decision was to refuse the extension, the notice must state the reasons for the refusal.\n- (a) generally—20 business days after the making of the application; or\n- (b) if, during the 20 business days, MEDQ and the applicant agree on a longer period—the longer period.","sortOrder":309},{"sectionNumber":"ch.3-pt.4-div.5","sectionType":"division","heading":"Miscellaneous provisions","content":"## Miscellaneous provisions","sortOrder":310},{"sectionNumber":"sec.103","sectionType":"section","heading":"Use or preservation covenants","content":"### sec.103 Use or preservation covenants\n\nA use or preservation covenant entered into in connection with a PDA development application is of no effect unless the covenant is required under—\na PDA development condition; or\nan infrastructure agreement.\nIf the PDA development condition or infrastructure agreement under which a use or preservation covenant is required is changed in a way that affects rights or responsibilities under the covenant—\nthe covenantee and the covenantor must execute an instrument that amends the covenant to reflect the change; and\nthe covenantor must register the instrument.\nAlso, the covenantee under a use or preservation covenant must register an instrument releasing the covenant if—\nthe PDA development condition or infrastructure agreement under which the covenant was required ceases to require the covenant; or\nfor a covenant required under a PDA development condition—the PDA development approval that was subject to the condition lapses or otherwise ends; or\nfor a covenant required under an infrastructure agreement—the infrastructure agreement lapses or otherwise ends.\nIn this section—\nregister , an instrument in relation to a use or preservation covenant, means—\nif the covenant is registered under the Land Act 1994 —register the instrument under that Act; or\nif the covenant is registered under the Land Title Act 1994 —register the instrument under that Act.\nuse or preservation covenant means a covenant mentioned in the Land Act 1994 , section 373A (5) (a) or (b) or the Land Title Act 1994 , section 97A (3) (a) or (b) .\ns 103 amd 2016 No. 17 s 111\nsub 2019 No. 11 s 93\n(sec.103-ssec.1) A use or preservation covenant entered into in connection with a PDA development application is of no effect unless the covenant is required under— a PDA development condition; or an infrastructure agreement.\n(sec.103-ssec.2) If the PDA development condition or infrastructure agreement under which a use or preservation covenant is required is changed in a way that affects rights or responsibilities under the covenant— the covenantee and the covenantor must execute an instrument that amends the covenant to reflect the change; and the covenantor must register the instrument.\n(sec.103-ssec.3) Also, the covenantee under a use or preservation covenant must register an instrument releasing the covenant if— the PDA development condition or infrastructure agreement under which the covenant was required ceases to require the covenant; or for a covenant required under a PDA development condition—the PDA development approval that was subject to the condition lapses or otherwise ends; or for a covenant required under an infrastructure agreement—the infrastructure agreement lapses or otherwise ends.\n(sec.103-ssec.4) In this section— register , an instrument in relation to a use or preservation covenant, means— if the covenant is registered under the Land Act 1994 —register the instrument under that Act; or if the covenant is registered under the Land Title Act 1994 —register the instrument under that Act. use or preservation covenant means a covenant mentioned in the Land Act 1994 , section 373A (5) (a) or (b) or the Land Title Act 1994 , section 97A (3) (a) or (b) .\n- (a) a PDA development condition; or\n- (b) an infrastructure agreement.\n- (a) the covenantee and the covenantor must execute an instrument that amends the covenant to reflect the change; and\n- (b) the covenantor must register the instrument.\n- (a) the PDA development condition or infrastructure agreement under which the covenant was required ceases to require the covenant; or\n- (b) for a covenant required under a PDA development condition—the PDA development approval that was subject to the condition lapses or otherwise ends; or\n- (c) for a covenant required under an infrastructure agreement—the infrastructure agreement lapses or otherwise ends.\n- (a) if the covenant is registered under the Land Act 1994 —register the instrument under that Act; or\n- (b) if the covenant is registered under the Land Title Act 1994 —register the instrument under that Act.","sortOrder":311},{"sectionNumber":"sec.104","sectionType":"section","heading":"Plans of subdivision","content":"### sec.104 Plans of subdivision\n\nThis section applies to a plan of subdivision if, under another Act, the plan requires MEDQ’s approval, in whatever form, before the plan can be registered or otherwise recorded under that Act.\nAn application for the approval given to MEDQ must—\ncomply with the requirements prescribed by regulation; and\nbe accompanied by the application fee decided by MEDQ.\nIn deciding whether to approve the plan of subdivision, MEDQ must comply with the process prescribed by regulation for approving plans of subdivision.\nIn this section—\nauthorised electricity entity means an authorised electricity entity—\nto which the Acquisition of Land Act 1967 applies in the circumstances mentioned in the Electricity Act 1994 , section 116 (4) ; and\nas defined in section 116 (8) of the Electricity Act 1994 .\nconstructing authority see the Acquisition of Land Act 1967 , schedule 2 .\nplan of subdivision means a plan or agreement (however described) for reconfiguring a lot—\nunless the reconfiguration relates to—\nthe acquisition of land, including by agreement, under the Acquisition of Land Act 1967 , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or\nthe acquisition of land by agreement, other than under the Acquisition of Land Act 1967 , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or\nland held by the State, or a statutory body representing the State, that is being reconfigured for a purpose for which land may be taken under the Acquisition of Land Act 1967 , whether or not the land relates to an acquisition of land; or\nthe acquisition of land for water infrastructure; or\na lot that is, or includes, airport land under the Airport Assets (Restructuring and Disposal) Act 2008 ; or\na lot that is, or includes, strategic port land or Brisbane core port land under the Transport Infrastructure Act 1994 ; or\nother than a plan of survey lodged under the Acquisition of Land Act 1967 , section 12A as a result of a reconfiguration relating to an acquisition of land mentioned in paragraph (a) (i) .\ns 104 amd 2014 No. 40 s 13\nsub 2016 No. 27 s 190\namd 2024 No. 32 s 37\n(sec.104-ssec.1) This section applies to a plan of subdivision if, under another Act, the plan requires MEDQ’s approval, in whatever form, before the plan can be registered or otherwise recorded under that Act.\n(sec.104-ssec.2) An application for the approval given to MEDQ must— comply with the requirements prescribed by regulation; and be accompanied by the application fee decided by MEDQ.\n(sec.104-ssec.3) In deciding whether to approve the plan of subdivision, MEDQ must comply with the process prescribed by regulation for approving plans of subdivision.\n(sec.104-ssec.4) In this section— authorised electricity entity means an authorised electricity entity— to which the Acquisition of Land Act 1967 applies in the circumstances mentioned in the Electricity Act 1994 , section 116 (4) ; and as defined in section 116 (8) of the Electricity Act 1994 . constructing authority see the Acquisition of Land Act 1967 , schedule 2 . plan of subdivision means a plan or agreement (however described) for reconfiguring a lot— unless the reconfiguration relates to— the acquisition of land, including by agreement, under the Acquisition of Land Act 1967 , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or the acquisition of land by agreement, other than under the Acquisition of Land Act 1967 , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or land held by the State, or a statutory body representing the State, that is being reconfigured for a purpose for which land may be taken under the Acquisition of Land Act 1967 , whether or not the land relates to an acquisition of land; or the acquisition of land for water infrastructure; or a lot that is, or includes, airport land under the Airport Assets (Restructuring and Disposal) Act 2008 ; or a lot that is, or includes, strategic port land or Brisbane core port land under the Transport Infrastructure Act 1994 ; or other than a plan of survey lodged under the Acquisition of Land Act 1967 , section 12A as a result of a reconfiguration relating to an acquisition of land mentioned in paragraph (a) (i) .\n- (a) comply with the requirements prescribed by regulation; and\n- (b) be accompanied by the application fee decided by MEDQ.\n- (a) to which the Acquisition of Land Act 1967 applies in the circumstances mentioned in the Electricity Act 1994 , section 116 (4) ; and\n- (b) as defined in section 116 (8) of the Electricity Act 1994 .\n- (a) unless the reconfiguration relates to— (i) the acquisition of land, including by agreement, under the Acquisition of Land Act 1967 , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or (ii) the acquisition of land by agreement, other than under the Acquisition of Land Act 1967 , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or (iii) land held by the State, or a statutory body representing the State, that is being reconfigured for a purpose for which land may be taken under the Acquisition of Land Act 1967 , whether or not the land relates to an acquisition of land; or (iv) the acquisition of land for water infrastructure; or (v) a lot that is, or includes, airport land under the Airport Assets (Restructuring and Disposal) Act 2008 ; or (vi) a lot that is, or includes, strategic port land or Brisbane core port land under the Transport Infrastructure Act 1994 ; or\n- (i) the acquisition of land, including by agreement, under the Acquisition of Land Act 1967 , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or\n- (ii) the acquisition of land by agreement, other than under the Acquisition of Land Act 1967 , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or\n- (iii) land held by the State, or a statutory body representing the State, that is being reconfigured for a purpose for which land may be taken under the Acquisition of Land Act 1967 , whether or not the land relates to an acquisition of land; or\n- (iv) the acquisition of land for water infrastructure; or\n- (v) a lot that is, or includes, airport land under the Airport Assets (Restructuring and Disposal) Act 2008 ; or\n- (vi) a lot that is, or includes, strategic port land or Brisbane core port land under the Transport Infrastructure Act 1994 ; or\n- (b) other than a plan of survey lodged under the Acquisition of Land Act 1967 , section 12A as a result of a reconfiguration relating to an acquisition of land mentioned in paragraph (a) (i) .\n- (i) the acquisition of land, including by agreement, under the Acquisition of Land Act 1967 , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or\n- (ii) the acquisition of land by agreement, other than under the Acquisition of Land Act 1967 , by a constructing authority or an authorised electricity entity, for a purpose for which land may be taken under that Act; or\n- (iii) land held by the State, or a statutory body representing the State, that is being reconfigured for a purpose for which land may be taken under the Acquisition of Land Act 1967 , whether or not the land relates to an acquisition of land; or\n- (iv) the acquisition of land for water infrastructure; or\n- (v) a lot that is, or includes, airport land under the Airport Assets (Restructuring and Disposal) Act 2008 ; or\n- (vi) a lot that is, or includes, strategic port land or Brisbane core port land under the Transport Infrastructure Act 1994 ; or","sortOrder":312},{"sectionNumber":"ch.3-pt.4A","sectionType":"part","heading":"Place renewal areas","content":"# Place renewal areas","sortOrder":313},{"sectionNumber":"ch.3-pt.4A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":314},{"sectionNumber":"sec.104AA","sectionType":"section","heading":"Definitions for part","content":"### sec.104AA Definitions for part\n\nIn this part—\nplace renewal area means land declared under section 104AC to be a place renewal area.\nplace renewal area declaration see section 104AC (1) .\nplace renewal framework , for a place renewal area, means a place renewal framework that takes effect for the area under section 104AK .\ns 104AA ins 2024 No. 32 s 38","sortOrder":315},{"sectionNumber":"sec.104AB","sectionType":"section","heading":"References to particular terms in relation to place renewal areas","content":"### sec.104AB References to particular terms in relation to place renewal areas\n\nA reference in this part to the relevant local government, in relation to a place renewal area, is a reference to—\nthe relevant local government for the priority development area to which the place renewal area relates; and\nif the place renewal area includes land wholly or partly located in the area of another local government—the other local government.\nFor this part, a place renewal area relates to a priority development area if—\nland in the place renewal area is in the priority development area; or\nland in the place renewal area is PDA-associated land for the priority development area.\ns 104AB ins 2024 No. 32 s 38\n(sec.104AB-ssec.1) A reference in this part to the relevant local government, in relation to a place renewal area, is a reference to— the relevant local government for the priority development area to which the place renewal area relates; and if the place renewal area includes land wholly or partly located in the area of another local government—the other local government.\n(sec.104AB-ssec.2) For this part, a place renewal area relates to a priority development area if— land in the place renewal area is in the priority development area; or land in the place renewal area is PDA-associated land for the priority development area.\n- (a) the relevant local government for the priority development area to which the place renewal area relates; and\n- (b) if the place renewal area includes land wholly or partly located in the area of another local government—the other local government.\n- (a) land in the place renewal area is in the priority development area; or\n- (b) land in the place renewal area is PDA-associated land for the priority development area.","sortOrder":316},{"sectionNumber":"ch.3-pt.4A-div.2","sectionType":"division","heading":"Declaration of place renewal areas","content":"## Declaration of place renewal areas","sortOrder":317},{"sectionNumber":"sec.104AC","sectionType":"section","heading":"Declaration","content":"### sec.104AC Declaration\n\nMEDQ may, by instrument (a place renewal area declaration ), declare land to be a place renewal area if—\nthe land is in a priority development area, other than a provisional priority development area; or\nthe land is PDA-associated land for a priority development area, other than a provisional priority development area.\nA place renewal area declaration may be made only if MEDQ is satisfied that—\nthe planning and development of the proposed place renewal area involves, or is likely to involve, a State interest; and\naction should be taken under this part to give effect to the State interest.\nFor applying subsection (1) , more than 1 place renewal area declaration may be made relating to the same priority development area if the declarations relate to different parts of the priority development area or PDA-associated land.\nIn making a place renewal area declaration, MEDQ—\nmust consult the relevant local government in the way MEDQ considers appropriate; but\nneed not consult any other person.\nA place renewal area declaration must include the following information—\nthe priority development area in relation to which the declaration is made;\na description of the land the subject of the declaration;\nany other information prescribed by regulation.\ns 104AC ins 2024 No. 32 s 38\n(sec.104AC-ssec.1) MEDQ may, by instrument (a place renewal area declaration ), declare land to be a place renewal area if— the land is in a priority development area, other than a provisional priority development area; or the land is PDA-associated land for a priority development area, other than a provisional priority development area.\n(sec.104AC-ssec.2) A place renewal area declaration may be made only if MEDQ is satisfied that— the planning and development of the proposed place renewal area involves, or is likely to involve, a State interest; and action should be taken under this part to give effect to the State interest.\n(sec.104AC-ssec.3) For applying subsection (1) , more than 1 place renewal area declaration may be made relating to the same priority development area if the declarations relate to different parts of the priority development area or PDA-associated land.\n(sec.104AC-ssec.4) In making a place renewal area declaration, MEDQ— must consult the relevant local government in the way MEDQ considers appropriate; but need not consult any other person.\n(sec.104AC-ssec.5) A place renewal area declaration must include the following information— the priority development area in relation to which the declaration is made; a description of the land the subject of the declaration; any other information prescribed by regulation.\n- (a) the land is in a priority development area, other than a provisional priority development area; or\n- (b) the land is PDA-associated land for a priority development area, other than a provisional priority development area.\n- (a) the planning and development of the proposed place renewal area involves, or is likely to involve, a State interest; and\n- (b) action should be taken under this part to give effect to the State interest.\n- (a) must consult the relevant local government in the way MEDQ considers appropriate; but\n- (b) need not consult any other person.\n- (a) the priority development area in relation to which the declaration is made;\n- (b) a description of the land the subject of the declaration;\n- (c) any other information prescribed by regulation.","sortOrder":318},{"sectionNumber":"sec.104AD","sectionType":"section","heading":"When place renewal area declaration has effect","content":"### sec.104AD When place renewal area declaration has effect\n\nA place renewal area declaration—\ntakes effect at the beginning of the day the gazette notice under section 104AE (1) (b) is published; and\nremains in effect until the earliest of the following days—\nif a place renewal framework for the place renewal area is not made within the period provided under section 104AG (2) and (3) —the day after the last day of the period;\nthe day the declaration is revoked;\nSee also section 104AO in relation to revocation of a place renewal area declaration.\nthe day all of the land in the place renewal area ceases to be land in a priority development area or PDA-associated land.\ns 104AD ins 2024 No. 32 s 38\n- (a) takes effect at the beginning of the day the gazette notice under section 104AE (1) (b) is published; and\n- (b) remains in effect until the earliest of the following days— (i) if a place renewal framework for the place renewal area is not made within the period provided under section 104AG (2) and (3) —the day after the last day of the period; (ii) the day the declaration is revoked; Note— See also section 104AO in relation to revocation of a place renewal area declaration. (iii) the day all of the land in the place renewal area ceases to be land in a priority development area or PDA-associated land.\n- (i) if a place renewal framework for the place renewal area is not made within the period provided under section 104AG (2) and (3) —the day after the last day of the period;\n- (ii) the day the declaration is revoked; Note— See also section 104AO in relation to revocation of a place renewal area declaration.\n- (iii) the day all of the land in the place renewal area ceases to be land in a priority development area or PDA-associated land.\n- (i) if a place renewal framework for the place renewal area is not made within the period provided under section 104AG (2) and (3) —the day after the last day of the period;\n- (ii) the day the declaration is revoked; Note— See also section 104AO in relation to revocation of a place renewal area declaration.\n- (iii) the day all of the land in the place renewal area ceases to be land in a priority development area or PDA-associated land.","sortOrder":319},{"sectionNumber":"sec.104AE","sectionType":"section","heading":"MEDQ must give notice of place renewal area declaration","content":"### sec.104AE MEDQ must give notice of place renewal area declaration\n\nAfter making a place renewal area declaration, MEDQ must—\npublish the declaration on MEDQ’s website; and\npublish a gazette notice stating that the declaration has taken effect and is published on MEDQ’s website.\nAs soon as practicable after a place renewal area declaration takes effect, MEDQ must—\npublish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the declaration has taken effect and is published on MEDQ’s website; and\ngive the relevant local government a notice stating that the declaration has taken effect.\ns 104AE ins 2024 No. 32 s 38\n(sec.104AE-ssec.1) After making a place renewal area declaration, MEDQ must— publish the declaration on MEDQ’s website; and publish a gazette notice stating that the declaration has taken effect and is published on MEDQ’s website.\n(sec.104AE-ssec.2) As soon as practicable after a place renewal area declaration takes effect, MEDQ must— publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the declaration has taken effect and is published on MEDQ’s website; and give the relevant local government a notice stating that the declaration has taken effect.\n- (a) publish the declaration on MEDQ’s website; and\n- (b) publish a gazette notice stating that the declaration has taken effect and is published on MEDQ’s website.\n- (a) publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the declaration has taken effect and is published on MEDQ’s website; and\n- (b) give the relevant local government a notice stating that the declaration has taken effect.","sortOrder":320},{"sectionNumber":"ch.3-pt.4A-div.3","sectionType":"division","heading":"Amendment of place renewal area declarations","content":"## Amendment of place renewal area declarations","sortOrder":321},{"sectionNumber":"sec.104AF","sectionType":"section","heading":"Amendment of place renewal area declaration—boundary change affecting priority development area","content":"### sec.104AF Amendment of place renewal area declaration—boundary change affecting priority development area\n\nThis section applies if—\na place renewal area declaration is in effect in relation to a priority development area; and\nthe declaration regulation for the priority development area is amended under section 37 or part 2 , division 2B to exclude land from the priority development area; and\nthe place renewal area includes all or part of the land excluded from the priority development area.\nSee section 104AD (b) (iii) in relation to a place renewal area ceasing to have effect if all of the land in the area ceases to be land in a priority development area or PDA-associated land.\nThe place renewal area declaration is amended to exclude, from the description of the land the subject of the declaration, any land that is excluded from the priority development area.\nThe amendment of the place renewal area declaration under subsection (2) takes effect on the commencement of the amendment of the declaration regulation.\nAs soon as practicable after the amendment of the declaration regulation commences, MEDQ must—\npublish the place renewal area declaration, as amended under subsection (2) , on MEDQ’s website; and\npublish a gazette notice stating the amended description of the land the subject of the declaration.\nSee also section 104AO in relation to MEDQ’s power to amend or revoke a place renewal area declaration.\ns 104AF ins 2024 No. 32 s 38\n(sec.104AF-ssec.1) This section applies if— a place renewal area declaration is in effect in relation to a priority development area; and the declaration regulation for the priority development area is amended under section 37 or part 2 , division 2B to exclude land from the priority development area; and the place renewal area includes all or part of the land excluded from the priority development area. See section 104AD (b) (iii) in relation to a place renewal area ceasing to have effect if all of the land in the area ceases to be land in a priority development area or PDA-associated land.\n(sec.104AF-ssec.2) The place renewal area declaration is amended to exclude, from the description of the land the subject of the declaration, any land that is excluded from the priority development area.\n(sec.104AF-ssec.3) The amendment of the place renewal area declaration under subsection (2) takes effect on the commencement of the amendment of the declaration regulation.\n(sec.104AF-ssec.4) As soon as practicable after the amendment of the declaration regulation commences, MEDQ must— publish the place renewal area declaration, as amended under subsection (2) , on MEDQ’s website; and publish a gazette notice stating the amended description of the land the subject of the declaration. See also section 104AO in relation to MEDQ’s power to amend or revoke a place renewal area declaration.\n- (a) a place renewal area declaration is in effect in relation to a priority development area; and\n- (b) the declaration regulation for the priority development area is amended under section 37 or part 2 , division 2B to exclude land from the priority development area; and\n- (c) the place renewal area includes all or part of the land excluded from the priority development area.\n- (a) publish the place renewal area declaration, as amended under subsection (2) , on MEDQ’s website; and\n- (b) publish a gazette notice stating the amended description of the land the subject of the declaration.","sortOrder":322},{"sectionNumber":"ch.3-pt.4A-div.4","sectionType":"division","heading":"Place renewal frameworks","content":"## Place renewal frameworks","sortOrder":323},{"sectionNumber":"sec.104AG","sectionType":"section","heading":"Place renewal framework required","content":"### sec.104AG Place renewal framework required\n\nMEDQ must, by instrument, make a place renewal framework for a place renewal area within the period mentioned in subsections (2) and (3) .\nThe place renewal framework must be made within the period—\nstarting on the day (the declaration day ) the place renewal area declaration is made for the place renewal area; and\nending on—\nthe day that is 12 months after the declaration day; or\nif MEDQ publishes, within the 12-month period mentioned in subparagraph (i) , a notice on its website stating that the period is extended by a further 6 months—the day that is 18 months after the declaration day.\nHowever, if a caretaker period begins at any time before the day mentioned in subsection (2) (b) , the period within which the framework must be made is extended by the number of days equal to the length of the caretaker period plus 20 business days.\nFor working out the length of a caretaker period for subsection (3) , the day the caretaker period ends is taken to be a whole day.\nThe place renewal framework is a statutory instrument.\ns 104AG ins 2024 No. 32 s 38\n(sec.104AG-ssec.1) MEDQ must, by instrument, make a place renewal framework for a place renewal area within the period mentioned in subsections (2) and (3) .\n(sec.104AG-ssec.2) The place renewal framework must be made within the period— starting on the day (the declaration day ) the place renewal area declaration is made for the place renewal area; and ending on— the day that is 12 months after the declaration day; or if MEDQ publishes, within the 12-month period mentioned in subparagraph (i) , a notice on its website stating that the period is extended by a further 6 months—the day that is 18 months after the declaration day.\n(sec.104AG-ssec.3) However, if a caretaker period begins at any time before the day mentioned in subsection (2) (b) , the period within which the framework must be made is extended by the number of days equal to the length of the caretaker period plus 20 business days.\n(sec.104AG-ssec.4) For working out the length of a caretaker period for subsection (3) , the day the caretaker period ends is taken to be a whole day.\n(sec.104AG-ssec.5) The place renewal framework is a statutory instrument.\n- (a) starting on the day (the declaration day ) the place renewal area declaration is made for the place renewal area; and\n- (b) ending on— (i) the day that is 12 months after the declaration day; or (ii) if MEDQ publishes, within the 12-month period mentioned in subparagraph (i) , a notice on its website stating that the period is extended by a further 6 months—the day that is 18 months after the declaration day.\n- (i) the day that is 12 months after the declaration day; or\n- (ii) if MEDQ publishes, within the 12-month period mentioned in subparagraph (i) , a notice on its website stating that the period is extended by a further 6 months—the day that is 18 months after the declaration day.\n- (i) the day that is 12 months after the declaration day; or\n- (ii) if MEDQ publishes, within the 12-month period mentioned in subparagraph (i) , a notice on its website stating that the period is extended by a further 6 months—the day that is 18 months after the declaration day.","sortOrder":324},{"sectionNumber":"sec.104AH","sectionType":"section","heading":"Content of place renewal framework","content":"### sec.104AH Content of place renewal framework\n\nThe place renewal framework for the place renewal area must—\nstate the vision, objectives and outcomes for the place renewal area; and\ninclude an implementation plan to achieve the vision, objectives and outcomes for the area.\nThe vision, objectives and outcomes stated in the place renewal framework must be consistent with the main purpose of this Act.\nThe place renewal framework may identify actions that MEDQ proposes to take under this Act to achieve the vision, objectives and outcomes for the place renewal area.\ns 104AH ins 2024 No. 32 s 38\n(sec.104AH-ssec.1) The place renewal framework for the place renewal area must— state the vision, objectives and outcomes for the place renewal area; and include an implementation plan to achieve the vision, objectives and outcomes for the area.\n(sec.104AH-ssec.2) The vision, objectives and outcomes stated in the place renewal framework must be consistent with the main purpose of this Act.\n(sec.104AH-ssec.3) The place renewal framework may identify actions that MEDQ proposes to take under this Act to achieve the vision, objectives and outcomes for the place renewal area.\n- (a) state the vision, objectives and outcomes for the place renewal area; and\n- (b) include an implementation plan to achieve the vision, objectives and outcomes for the area.","sortOrder":325},{"sectionNumber":"sec.104AI","sectionType":"section","heading":"Requirement to consult before making place renewal framework","content":"### sec.104AI Requirement to consult before making place renewal framework\n\nBefore making the place renewal framework, MEDQ must consult, in the way it considers appropriate, with—\nthe relevant local government; and\nany of the following entities MEDQ considers are likely to be affected by the proposed place renewal framework—\na government entity or GOC;\nanother person or entity.\ns 104AI ins 2024 No. 32 s 38\n- (a) the relevant local government; and\n- (b) any of the following entities MEDQ considers are likely to be affected by the proposed place renewal framework— (i) a government entity or GOC; (ii) another person or entity.\n- (i) a government entity or GOC;\n- (ii) another person or entity.\n- (i) a government entity or GOC;\n- (ii) another person or entity.","sortOrder":326},{"sectionNumber":"sec.104AJ","sectionType":"section","heading":"MEDQ must give notice of place renewal framework","content":"### sec.104AJ MEDQ must give notice of place renewal framework\n\nAfter making the place renewal framework, MEDQ must—\npublish the framework on MEDQ’s website; and\npublish a gazette notice stating that the framework is published on MEDQ’s website.\nAs soon as practicable after the place renewal framework takes effect, MEDQ must—\npublish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the framework has taken effect and is published on MEDQ’s website; and\ngive the relevant local government a notice stating that the framework has taken effect.\ns 104AJ ins 2024 No. 32 s 38\n(sec.104AJ-ssec.1) After making the place renewal framework, MEDQ must— publish the framework on MEDQ’s website; and publish a gazette notice stating that the framework is published on MEDQ’s website.\n(sec.104AJ-ssec.2) As soon as practicable after the place renewal framework takes effect, MEDQ must— publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the framework has taken effect and is published on MEDQ’s website; and give the relevant local government a notice stating that the framework has taken effect.\n- (a) publish the framework on MEDQ’s website; and\n- (b) publish a gazette notice stating that the framework is published on MEDQ’s website.\n- (a) publish, at least once in a newspaper circulating in the area of the relevant local government, a notice stating that the framework has taken effect and is published on MEDQ’s website; and\n- (b) give the relevant local government a notice stating that the framework has taken effect.","sortOrder":327},{"sectionNumber":"sec.104AK","sectionType":"section","heading":"When place renewal framework takes effect","content":"### sec.104AK When place renewal framework takes effect\n\nThe place renewal framework takes effect at the beginning of the day the gazette notice under section 104AJ (1) (b) is published or on any later day stated in the framework.\ns 104AK ins 2024 No. 32 s 38","sortOrder":328},{"sectionNumber":"sec.104AL","sectionType":"section","heading":"Period for which place renewal framework has effect","content":"### sec.104AL Period for which place renewal framework has effect\n\nThe place renewal framework has effect until the place renewal area declaration for the place renewal area stops having effect under section 104AD .\ns 104AL ins 2024 No. 32 s 38","sortOrder":329},{"sectionNumber":"ch.3-pt.4A-div.5","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":330},{"sectionNumber":"sec.104AM","sectionType":"section","heading":"Particular entities to give information or assistance to MEDQ","content":"### sec.104AM Particular entities to give information or assistance to MEDQ\n\nThis section applies in relation to each of the following entities—\na distributor-retailer;\na government entity;\na local government.\nIt is the duty of the entity to give MEDQ the information or assistance MEDQ reasonably requires to make or implement a place renewal framework.\nWithout limiting subsection (2) , MEDQ may give the entity a written direction requiring the entity to give MEDQ stated information or assistance MEDQ reasonably requires to perform its functions, or exercise its powers, in relation to a place renewal framework.\nThe entity must do everything reasonably necessary to comply with the direction.\nThis section does not limit section 126A , 127 or 128 .\nIn this section—\nassistance does not include the provision of funds or other assets to MEDQ.\ninformation includes a document.\ns 104AM ins 2024 No. 32 s 38\n(sec.104AM-ssec.1) This section applies in relation to each of the following entities— a distributor-retailer; a government entity; a local government.\n(sec.104AM-ssec.2) It is the duty of the entity to give MEDQ the information or assistance MEDQ reasonably requires to make or implement a place renewal framework.\n(sec.104AM-ssec.3) Without limiting subsection (2) , MEDQ may give the entity a written direction requiring the entity to give MEDQ stated information or assistance MEDQ reasonably requires to perform its functions, or exercise its powers, in relation to a place renewal framework.\n(sec.104AM-ssec.4) The entity must do everything reasonably necessary to comply with the direction.\n(sec.104AM-ssec.5) This section does not limit section 126A , 127 or 128 .\n(sec.104AM-ssec.6) In this section— assistance does not include the provision of funds or other assets to MEDQ. information includes a document.\n- (a) a distributor-retailer;\n- (b) a government entity;\n- (c) a local government.","sortOrder":331},{"sectionNumber":"sec.104AN","sectionType":"section","heading":"Consultation","content":"### sec.104AN Consultation\n\nIn performing a function or exercising a power under this part, MEDQ—\nneed not consult any entity; but\nmay consult any entity in the way MEDQ considers appropriate.\nSubsection (1) (a) applies subject to a requirement to consult a particular entity that is expressly provided for under this part.\ns 104AN ins 2024 No. 32 s 38\n(sec.104AN-ssec.1) In performing a function or exercising a power under this part, MEDQ— need not consult any entity; but may consult any entity in the way MEDQ considers appropriate.\n(sec.104AN-ssec.2) Subsection (1) (a) applies subject to a requirement to consult a particular entity that is expressly provided for under this part.\n- (a) need not consult any entity; but\n- (b) may consult any entity in the way MEDQ considers appropriate.","sortOrder":332},{"sectionNumber":"sec.104AO","sectionType":"section","heading":"MEDQ’s power to amend or revoke place renewal instruments","content":"### sec.104AO MEDQ’s power to amend or revoke place renewal instruments\n\nNothing in this part limits the application of the Acts Interpretation Act 1954 , section 24AA for—\namending or revoking a place renewal area declaration; or\namending a place renewal framework.\ns 104AO ins 2024 No. 32 s 38\n- (a) amending or revoking a place renewal area declaration; or\n- (b) amending a place renewal framework.","sortOrder":333},{"sectionNumber":"ch.3-pt.5","sectionType":"part","heading":"Enforcement notices, enforcement orders and other court orders","content":"# Enforcement notices, enforcement orders and other court orders","sortOrder":334},{"sectionNumber":"ch.3-pt.5-div.1AA","sectionType":"division","heading":"Enforcement notices","content":"## Enforcement notices","sortOrder":335},{"sectionNumber":"sec.104A","sectionType":"section","heading":"Application of Planning Act provisions for enforcement notices","content":"### sec.104A Application of Planning Act provisions for enforcement notices\n\nThe Planning Act , chapter 5 , part 3 applies in relation to a PDA development offence, with necessary changes, as if—\na reference in the part to an enforcement authority were a reference to MEDQ; and\na reference in the part to a development offence were a reference to a PDA development offence; and\na reference in the part to a development permit were a reference to a PDA development permit; and\na reference in the part to accepted development were a reference to PDA accepted development; and\nthe reference in the part to a development approval were a reference to a PDA development approval; and\nthe reference in section 172 (c) of that Act to appealing the decision on the application were a reference to appealing the decision on the application to grant the PDA development permit subject to a PDA development condition that includes a nominated assessing authority for the condition.\nAlso, the Planning Act , section 229 and schedule 1 apply in relation to a decision to give an enforcement notice under chapter 5 , part 3 of that Act, as applied under subsection (1) and, for that purpose, schedule 1 applies as if a reference in the schedule to the enforcement authority were a reference to MEDQ.\nTo remove any doubt, it is declared that this section does not limit or otherwise affect MEDQ’s ability to apply for an enforcement order, or to take any other action under this Act, in relation to the PDA development offence.\ns 104A ins 2019 No. 11 s 95\n(sec.104A-ssec.1) The Planning Act , chapter 5 , part 3 applies in relation to a PDA development offence, with necessary changes, as if— a reference in the part to an enforcement authority were a reference to MEDQ; and a reference in the part to a development offence were a reference to a PDA development offence; and a reference in the part to a development permit were a reference to a PDA development permit; and a reference in the part to accepted development were a reference to PDA accepted development; and the reference in the part to a development approval were a reference to a PDA development approval; and the reference in section 172 (c) of that Act to appealing the decision on the application were a reference to appealing the decision on the application to grant the PDA development permit subject to a PDA development condition that includes a nominated assessing authority for the condition.\n(sec.104A-ssec.2) Also, the Planning Act , section 229 and schedule 1 apply in relation to a decision to give an enforcement notice under chapter 5 , part 3 of that Act, as applied under subsection (1) and, for that purpose, schedule 1 applies as if a reference in the schedule to the enforcement authority were a reference to MEDQ.\n(sec.104A-ssec.3) To remove any doubt, it is declared that this section does not limit or otherwise affect MEDQ’s ability to apply for an enforcement order, or to take any other action under this Act, in relation to the PDA development offence.\n- (a) a reference in the part to an enforcement authority were a reference to MEDQ; and\n- (b) a reference in the part to a development offence were a reference to a PDA development offence; and\n- (c) a reference in the part to a development permit were a reference to a PDA development permit; and\n- (d) a reference in the part to accepted development were a reference to PDA accepted development; and\n- (e) the reference in the part to a development approval were a reference to a PDA development approval; and\n- (f) the reference in section 172 (c) of that Act to appealing the decision on the application were a reference to appealing the decision on the application to grant the PDA development permit subject to a PDA development condition that includes a nominated assessing authority for the condition.","sortOrder":336},{"sectionNumber":"ch.3-pt.5-div.1","sectionType":"division","heading":"Enforcement orders","content":"## Enforcement orders","sortOrder":337},{"sectionNumber":"sec.105","sectionType":"section","heading":"Starting proceeding for enforcement order","content":"### sec.105 Starting proceeding for enforcement order\n\nMEDQ may start a proceeding in the Planning and Environment Court—\nfor an enforcement order to remedy or restrain the commission of a PDA development offence; or\nif MEDQ has started a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 106 .\nA proceeding for an enforcement order may be started whether or not anyone’s right has been, or may be, infringed by, or because of, the commission of the offence.\n(sec.105-ssec.1) MEDQ may start a proceeding in the Planning and Environment Court— for an enforcement order to remedy or restrain the commission of a PDA development offence; or if MEDQ has started a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 106 .\n(sec.105-ssec.2) A proceeding for an enforcement order may be started whether or not anyone’s right has been, or may be, infringed by, or because of, the commission of the offence.\n- (a) for an enforcement order to remedy or restrain the commission of a PDA development offence; or\n- (b) if MEDQ has started a proceeding under this section for an enforcement order and the court has not decided the proceeding—for an order under section 106 .","sortOrder":338},{"sectionNumber":"sec.106","sectionType":"section","heading":"Making interim enforcement order","content":"### sec.106 Making interim enforcement order\n\nThe Planning and Environment Court may make an order pending a decision of a proceeding for an enforcement order if the court is satisfied it would be appropriate to make the order.\nThe court may make the order subject to conditions.\nHowever, a condition can not require MEDQ to give an undertaking about damages.\n(sec.106-ssec.1) The Planning and Environment Court may make an order pending a decision of a proceeding for an enforcement order if the court is satisfied it would be appropriate to make the order.\n(sec.106-ssec.2) The court may make the order subject to conditions.\n(sec.106-ssec.3) However, a condition can not require MEDQ to give an undertaking about damages.","sortOrder":339},{"sectionNumber":"sec.107","sectionType":"section","heading":"Making enforcement order","content":"### sec.107 Making enforcement order\n\nThe Planning and Environment Court may make an enforcement order if the court is satisfied the relevant offence—\nis being, or has been, committed; or\nwill be committed unless the enforcement order is made.\nIf the court is satisfied the offence is being or has been committed, it may make the order whether or not there has been a prosecution for the offence.\n(sec.107-ssec.1) The Planning and Environment Court may make an enforcement order if the court is satisfied the relevant offence— is being, or has been, committed; or will be committed unless the enforcement order is made.\n(sec.107-ssec.2) If the court is satisfied the offence is being or has been committed, it may make the order whether or not there has been a prosecution for the offence.\n- (a) is being, or has been, committed; or\n- (b) will be committed unless the enforcement order is made.","sortOrder":340},{"sectionNumber":"sec.108","sectionType":"section","heading":"Effect of enforcement order","content":"### sec.108 Effect of enforcement order\n\nAn enforcement order may direct a party to the proceeding for the order—\nto stop an activity that constitutes, or will constitute, a PDA development offence; or\nnot to start an activity that will constitute a PDA development offence; or\nto do anything required to stop committing a PDA development offence; or\nto return anything to a condition as close as practicable to the condition it was in immediately before a PDA development offence was committed; or\nto do anything about a development or use to comply with this Act.\nWithout limiting the Planning and Environment Court’s powers, it may make an enforcement order requiring—\nthe repairing, demolition or removal of a building; or\nfor a PDA development offence relating to the clearing of vegetation on freehold land—\nrehabilitation or restoration of the area cleared; or\nif the area cleared is not capable of being rehabilitated or restored—the planting and nurturing of stated vegetation on a stated area of equivalent size.\nAn enforcement order must state the time by which it must be complied with.\nAn enforcement order may be in terms the court considers appropriate to secure compliance with this Act.\nIn this section—\nclearing , of vegetation—\nmeans removing, cutting down, ringbarking, pushing over, poisoning or destroying it in any way, including by burning, flooding or draining; but\ndoes not include lopping a tree or the destruction of standing vegetation by stock.\nroot zone , of a tree or plant, means—\nthe roots of the tree or plant, including any buttress roots; or\nthe soil in or on which the roots are situated—\nof an area measured by extending horizontally in all directions from the base of the trunk of the tree or plant to the points that are vertically below the ends of its outermost branches; and\nto a depth of 1m below the surface of the soil.\nvegetation —\nmeans a tree or plant, whether living or dead; and\nincludes—\nthe regrowth of a tree or plant; and\nthe root zone of a tree or plant.\ns 108 amd 2019 No. 11 ss 59 , 96\n(sec.108-ssec.1) An enforcement order may direct a party to the proceeding for the order— to stop an activity that constitutes, or will constitute, a PDA development offence; or not to start an activity that will constitute a PDA development offence; or to do anything required to stop committing a PDA development offence; or to return anything to a condition as close as practicable to the condition it was in immediately before a PDA development offence was committed; or to do anything about a development or use to comply with this Act.\n(sec.108-ssec.2) Without limiting the Planning and Environment Court’s powers, it may make an enforcement order requiring— the repairing, demolition or removal of a building; or for a PDA development offence relating to the clearing of vegetation on freehold land— rehabilitation or restoration of the area cleared; or if the area cleared is not capable of being rehabilitated or restored—the planting and nurturing of stated vegetation on a stated area of equivalent size.\n(sec.108-ssec.3) An enforcement order must state the time by which it must be complied with.\n(sec.108-ssec.4) An enforcement order may be in terms the court considers appropriate to secure compliance with this Act.\n(sec.108-ssec.5) In this section— clearing , of vegetation— means removing, cutting down, ringbarking, pushing over, poisoning or destroying it in any way, including by burning, flooding or draining; but does not include lopping a tree or the destruction of standing vegetation by stock. root zone , of a tree or plant, means— the roots of the tree or plant, including any buttress roots; or the soil in or on which the roots are situated— of an area measured by extending horizontally in all directions from the base of the trunk of the tree or plant to the points that are vertically below the ends of its outermost branches; and to a depth of 1m below the surface of the soil. vegetation — means a tree or plant, whether living or dead; and includes— the regrowth of a tree or plant; and the root zone of a tree or plant.\n- (a) to stop an activity that constitutes, or will constitute, a PDA development offence; or\n- (b) not to start an activity that will constitute a PDA development offence; or\n- (c) to do anything required to stop committing a PDA development offence; or\n- (d) to return anything to a condition as close as practicable to the condition it was in immediately before a PDA development offence was committed; or\n- (e) to do anything about a development or use to comply with this Act.\n- (a) the repairing, demolition or removal of a building; or\n- (b) for a PDA development offence relating to the clearing of vegetation on freehold land— (i) rehabilitation or restoration of the area cleared; or (ii) if the area cleared is not capable of being rehabilitated or restored—the planting and nurturing of stated vegetation on a stated area of equivalent size.\n- (i) rehabilitation or restoration of the area cleared; or\n- (ii) if the area cleared is not capable of being rehabilitated or restored—the planting and nurturing of stated vegetation on a stated area of equivalent size.\n- (i) rehabilitation or restoration of the area cleared; or\n- (ii) if the area cleared is not capable of being rehabilitated or restored—the planting and nurturing of stated vegetation on a stated area of equivalent size.\n- (a) means removing, cutting down, ringbarking, pushing over, poisoning or destroying it in any way, including by burning, flooding or draining; but\n- (b) does not include lopping a tree or the destruction of standing vegetation by stock.\n- (a) the roots of the tree or plant, including any buttress roots; or\n- (b) the soil in or on which the roots are situated— (i) of an area measured by extending horizontally in all directions from the base of the trunk of the tree or plant to the points that are vertically below the ends of its outermost branches; and (ii) to a depth of 1m below the surface of the soil.\n- (i) of an area measured by extending horizontally in all directions from the base of the trunk of the tree or plant to the points that are vertically below the ends of its outermost branches; and\n- (ii) to a depth of 1m below the surface of the soil.\n- (i) of an area measured by extending horizontally in all directions from the base of the trunk of the tree or plant to the points that are vertically below the ends of its outermost branches; and\n- (ii) to a depth of 1m below the surface of the soil.\n- (a) means a tree or plant, whether living or dead; and\n- (b) includes— (i) the regrowth of a tree or plant; and (ii) the root zone of a tree or plant.\n- (i) the regrowth of a tree or plant; and\n- (ii) the root zone of a tree or plant.\n- (i) the regrowth of a tree or plant; and\n- (ii) the root zone of a tree or plant.","sortOrder":341},{"sectionNumber":"sec.109","sectionType":"section","heading":"Powers about enforcement orders","content":"### sec.109 Powers about enforcement orders\n\nThe Planning and Environment Court’s power to make an enforcement order to stop, or not to start, an activity may be exercised—\nwhether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage again, or to continue to engage again, in the activity; and\nwhether or not the relevant person has previously engaged in an activity of the same type; and\nwhether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person engages, or continues to engage, in the activity.\nThe court’s power to make an enforcement order to do anything may be exercised—\nwhether or not it appears to the court that the person against whom the order is made (also the relevant person ) intends to fail, or to continue to fail, to do the thing; and\nwhether or not the relevant person has previously failed to do a thing of the same type; and\nwhether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person fails, or continues to fail, to do the thing.\nThe court may cancel or change an enforcement order on the application of MEDQ or the person against whom the order is made.\nThe court’s powers under this section are in addition to, and do not limit, its other powers.\nFor costs, see the Planning and Environment Court Act 2016 , part 6 .\nIn this section—\nenvironment see the Environmental Protection Act 1994 , section 8 .\ns 109 amd 2016 No. 27 s 191\n(sec.109-ssec.1) The Planning and Environment Court’s power to make an enforcement order to stop, or not to start, an activity may be exercised— whether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage again, or to continue to engage again, in the activity; and whether or not the relevant person has previously engaged in an activity of the same type; and whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person engages, or continues to engage, in the activity.\n(sec.109-ssec.2) The court’s power to make an enforcement order to do anything may be exercised— whether or not it appears to the court that the person against whom the order is made (also the relevant person ) intends to fail, or to continue to fail, to do the thing; and whether or not the relevant person has previously failed to do a thing of the same type; and whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person fails, or continues to fail, to do the thing.\n(sec.109-ssec.3) The court may cancel or change an enforcement order on the application of MEDQ or the person against whom the order is made.\n(sec.109-ssec.4) The court’s powers under this section are in addition to, and do not limit, its other powers. For costs, see the Planning and Environment Court Act 2016 , part 6 .\n(sec.109-ssec.5) In this section— environment see the Environmental Protection Act 1994 , section 8 .\n- (a) whether or not it appears to the court that the person against whom the order is made (the relevant person ) intends to engage again, or to continue to engage again, in the activity; and\n- (b) whether or not the relevant person has previously engaged in an activity of the same type; and\n- (c) whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person engages, or continues to engage, in the activity.\n- (a) whether or not it appears to the court that the person against whom the order is made (also the relevant person ) intends to fail, or to continue to fail, to do the thing; and\n- (b) whether or not the relevant person has previously failed to do a thing of the same type; and\n- (c) whether or not there is danger of substantial damage to property or the environment or injury to another person if the relevant person fails, or continues to fail, to do the thing.","sortOrder":342},{"sectionNumber":"sec.110","sectionType":"section","heading":"Offence to contravene enforcement order","content":"### sec.110 Offence to contravene enforcement order\n\nA person against whom an enforcement order has been made must comply with the order.\nMaximum penalty—4,500 penalty units or 2 years imprisonment.\nSee also—\nsection 164 in relation to the liability of an executive officer of a corporation for an offence against this section committed by the corporation; and\nthe Planning and Environment Court Act 2016 , section 36 .\ns 110 amd 2016 No. 27 s 192 ; 2019 No. 11 s 97\n- (a) section 164 in relation to the liability of an executive officer of a corporation for an offence against this section committed by the corporation; and\n- (b) the Planning and Environment Court Act 2016 , section 36 .","sortOrder":343},{"sectionNumber":"ch.3-pt.5-div.2","sectionType":"division","heading":"Magistrates Court orders","content":"## Magistrates Court orders","sortOrder":344},{"sectionNumber":"sec.111","sectionType":"section","heading":"Orders Magistrates Court may make in PDA offence proceeding","content":"### sec.111 Orders Magistrates Court may make in PDA offence proceeding\n\nIf a Magistrates Court convicts a defendant of a PDA development offence, the court may make an order against the defendant that the court considers appropriate.\nThe order may be made in addition to, or in substitution for, any penalty the court may otherwise impose.\nThe order may require the defendant—\nto stop development or carrying on a use; or\nto demolish or remove work carried out; or\nto restore, as far as practicable, premises to the condition the premises were in immediately before development or use of the premises started; or\nto do, or not to do, another act to ensure development or use of the premises complies with a PDA development approval or a relevant development instrument; or\nfor development that has started—to make a PDA development application for the development.\nThe order must state the time by which, or period within which, the order must be complied with.\ns 111 amd 2019 No. 11 s 98\n(sec.111-ssec.1) If a Magistrates Court convicts a defendant of a PDA development offence, the court may make an order against the defendant that the court considers appropriate.\n(sec.111-ssec.2) The order may be made in addition to, or in substitution for, any penalty the court may otherwise impose.\n(sec.111-ssec.3) The order may require the defendant— to stop development or carrying on a use; or to demolish or remove work carried out; or to restore, as far as practicable, premises to the condition the premises were in immediately before development or use of the premises started; or to do, or not to do, another act to ensure development or use of the premises complies with a PDA development approval or a relevant development instrument; or for development that has started—to make a PDA development application for the development.\n(sec.111-ssec.4) The order must state the time by which, or period within which, the order must be complied with.\n- (a) to stop development or carrying on a use; or\n- (b) to demolish or remove work carried out; or\n- (c) to restore, as far as practicable, premises to the condition the premises were in immediately before development or use of the premises started; or\n- (d) to do, or not to do, another act to ensure development or use of the premises complies with a PDA development approval or a relevant development instrument; or\n- (e) for development that has started—to make a PDA development application for the development.","sortOrder":345},{"sectionNumber":"sec.112","sectionType":"section","heading":"Offence to contravene Magistrates Court order","content":"### sec.112 Offence to contravene Magistrates Court order\n\nA person against whom an order under section 111 has been made must comply with the order.\nMaximum penalty—4,500 penalty units or 2 years imprisonment.\nSee also section 164 in relation to the liability of an executive officer of a corporation for an offence against this section committed by the corporation.\ns 112 amd 2019 No. 11 s 99","sortOrder":346},{"sectionNumber":"sec.112A","sectionType":"section","heading":"Order for compensation","content":"### sec.112A Order for compensation\n\nThis section applies if a Magistrates Court—\nconvicts a defendant of a PDA development offence; and\nfinds that, because of the offence, another person has—\nsuffered loss of income; or\nsuffered a reduction in the value of, or damage to, property; or\nincurred expenses to replace or repair property or prevent or minimise, or attempt to prevent or minimise, the loss, reduction or damage.\nThe Magistrates Court may order the defendant to pay the other person compensation for the loss, reduction or damage suffered or the expenses incurred.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\ns 112A ins 2019 No. 11 s 100\n(sec.112A-ssec.1) This section applies if a Magistrates Court— convicts a defendant of a PDA development offence; and finds that, because of the offence, another person has— suffered loss of income; or suffered a reduction in the value of, or damage to, property; or incurred expenses to replace or repair property or prevent or minimise, or attempt to prevent or minimise, the loss, reduction or damage.\n(sec.112A-ssec.2) The Magistrates Court may order the defendant to pay the other person compensation for the loss, reduction or damage suffered or the expenses incurred.\n(sec.112A-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) convicts a defendant of a PDA development offence; and\n- (b) finds that, because of the offence, another person has— (i) suffered loss of income; or (ii) suffered a reduction in the value of, or damage to, property; or (iii) incurred expenses to replace or repair property or prevent or minimise, or attempt to prevent or minimise, the loss, reduction or damage.\n- (i) suffered loss of income; or\n- (ii) suffered a reduction in the value of, or damage to, property; or\n- (iii) incurred expenses to replace or repair property or prevent or minimise, or attempt to prevent or minimise, the loss, reduction or damage.\n- (i) suffered loss of income; or\n- (ii) suffered a reduction in the value of, or damage to, property; or\n- (iii) incurred expenses to replace or repair property or prevent or minimise, or attempt to prevent or minimise, the loss, reduction or damage.","sortOrder":347},{"sectionNumber":"sec.112B","sectionType":"section","heading":"Order for investigation expenses","content":"### sec.112B Order for investigation expenses\n\nThis section applies if—\na Magistrates Court—\nconvicts a defendant of a PDA development offence; and\nfinds that MEDQ has reasonably incurred expenses in taking a sample or conducting an inspection, test, measurement or analysis during the investigation of the offence; and\nMEDQ applies for an order for the payment of the expenses.\nThe Magistrates Court may order the defendant to pay MEDQ a reasonable amount for the expenses if the court considers it would be just to do so in the circumstances.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\ns 112B ins 2019 No. 11 s 100\n(sec.112B-ssec.1) This section applies if— a Magistrates Court— convicts a defendant of a PDA development offence; and finds that MEDQ has reasonably incurred expenses in taking a sample or conducting an inspection, test, measurement or analysis during the investigation of the offence; and MEDQ applies for an order for the payment of the expenses.\n(sec.112B-ssec.2) The Magistrates Court may order the defendant to pay MEDQ a reasonable amount for the expenses if the court considers it would be just to do so in the circumstances.\n(sec.112B-ssec.3) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) a Magistrates Court— (i) convicts a defendant of a PDA development offence; and (ii) finds that MEDQ has reasonably incurred expenses in taking a sample or conducting an inspection, test, measurement or analysis during the investigation of the offence; and\n- (i) convicts a defendant of a PDA development offence; and\n- (ii) finds that MEDQ has reasonably incurred expenses in taking a sample or conducting an inspection, test, measurement or analysis during the investigation of the offence; and\n- (b) MEDQ applies for an order for the payment of the expenses.\n- (i) convicts a defendant of a PDA development offence; and\n- (ii) finds that MEDQ has reasonably incurred expenses in taking a sample or conducting an inspection, test, measurement or analysis during the investigation of the offence; and","sortOrder":348},{"sectionNumber":"ch.3-pt.5-div.3","sectionType":"division","heading":"Other provisions relating to court orders or proceedings","content":"## Other provisions relating to court orders or proceedings","sortOrder":349},{"sectionNumber":"sec.113","sectionType":"section","heading":"MEDQ may remedy noncompliance with particular orders","content":"### sec.113 MEDQ may remedy noncompliance with particular orders\n\nThis section applies if a person against whom an enforcement order, or an order under section 111 , has been made does not comply with the order within the period stated in the order.\nMEDQ may—\ntake the action required under the order; and\nrecover the reasonable costs of taking the action as a debt owing by the person to MEDQ.\ns 113 sub 2019 No. 11 s 101\n(sec.113-ssec.1) This section applies if a person against whom an enforcement order, or an order under section 111 , has been made does not comply with the order within the period stated in the order.\n(sec.113-ssec.2) MEDQ may— take the action required under the order; and recover the reasonable costs of taking the action as a debt owing by the person to MEDQ.\n- (a) take the action required under the order; and\n- (b) recover the reasonable costs of taking the action as a debt owing by the person to MEDQ.","sortOrder":350},{"sectionNumber":"sec.114","sectionType":"section","heading":"Planning and Environment Court may make declarations","content":"### sec.114 Planning and Environment Court may make declarations\n\nMEDQ may bring a proceeding in the Planning and Environment Court for a declaration about—\na matter done, to be done or that should have been done for this chapter or the repealed ULDA Act ; or\nthe construction of this chapter or the repealed ULDA Act ; or\nthe lawfulness of land use or development relating to a priority development area.\nThe court may make an order about a declaration made under subsection (1) .\nSubsection (4) applies to a proceeding mentioned in subsection (1) if the land to which the proceeding relates ceases to be in, or to be PDA-associated land for, a priority development area.\nTo remove any doubt, it is declared that the proceeding is not affected only because the land has ceased to be in, or to be PDA-associated land for, a priority development area.\ns 114 amd 2014 No. 40 s 14 ; 2016 No. 17 s 112\n(sec.114-ssec.1) MEDQ may bring a proceeding in the Planning and Environment Court for a declaration about— a matter done, to be done or that should have been done for this chapter or the repealed ULDA Act ; or the construction of this chapter or the repealed ULDA Act ; or the lawfulness of land use or development relating to a priority development area.\n(sec.114-ssec.2) The court may make an order about a declaration made under subsection (1) .\n(sec.114-ssec.3) Subsection (4) applies to a proceeding mentioned in subsection (1) if the land to which the proceeding relates ceases to be in, or to be PDA-associated land for, a priority development area.\n(sec.114-ssec.4) To remove any doubt, it is declared that the proceeding is not affected only because the land has ceased to be in, or to be PDA-associated land for, a priority development area.\n- (a) a matter done, to be done or that should have been done for this chapter or the repealed ULDA Act ; or\n- (b) the construction of this chapter or the repealed ULDA Act ; or\n- (c) the lawfulness of land use or development relating to a priority development area.","sortOrder":351},{"sectionNumber":"ch.3-pt.6","sectionType":"part","heading":"Particular charges","content":"# Particular charges","sortOrder":352},{"sectionNumber":"ch.3-pt.6-div.1","sectionType":"division","heading":"Special rates or charges","content":"## Special rates or charges","sortOrder":353},{"sectionNumber":"sec.115","sectionType":"section","heading":"Levying special rates or charges","content":"### sec.115 Levying special rates or charges\n\nMEDQ may make and levy on owners or occupiers of rateable land in a priority development area, or rateable land that is PDA-associated land for a priority development area, a special rate or charge on the land if—\nthe rate or charge is for a service, facility or activity provided by MEDQ, or by a local government or someone else at MEDQ’s request; and\nin MEDQ’s opinion—\nthe land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or\nthe owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity.\nThe special rate or charge may be made and levied on the bases MEDQ considers appropriate.\nSee also section 117 in relation to the recovery of a special rate or charge.\nMEDQ may fix a minimum amount of the special rate or charge.\nWithout limiting subsection (2) , the amount of the special rate or charge may vary according to the extent to which, in MEDQ’s opinion—\nthe land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or\nthe owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity.\nMEDQ’s instrument making the special rate or charge must identify—\nthe rateable land to which the rate or charge applies; and\nthe overall plan for the supply of the service, facility or activity.\nThe overall plan must—\nbe adopted by MEDQ either before, or at the same time as, MEDQ first makes the special rate or charge; and\nidentify the rateable land to which the rate or charge applies; and\ndescribe the service, facility or activity; and\nstate the estimated cost of implementing the overall plan; and\nstate the estimated time for implementing the overall plan.\nMEDQ may identify parcels of rateable land to which the rate or charge applies in any way MEDQ considers appropriate.\nSubsection (1) is taken to have been complied with if the special rate or charge is made and levied on—\nall rateable land that, at the time of making and levying the rate or charge, could reasonably be identified as land on which the rate or charge may be made and levied; or\nall rateable land on which the rate or charge may be made and levied, other than land accidentally omitted.\ns 115 amd 2014 No. 40 s 16 ; 2016 No. 17 s 113\n(sec.115-ssec.1) MEDQ may make and levy on owners or occupiers of rateable land in a priority development area, or rateable land that is PDA-associated land for a priority development area, a special rate or charge on the land if— the rate or charge is for a service, facility or activity provided by MEDQ, or by a local government or someone else at MEDQ’s request; and in MEDQ’s opinion— the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity.\n(sec.115-ssec.2) The special rate or charge may be made and levied on the bases MEDQ considers appropriate. See also section 117 in relation to the recovery of a special rate or charge.\n(sec.115-ssec.3) MEDQ may fix a minimum amount of the special rate or charge.\n(sec.115-ssec.4) Without limiting subsection (2) , the amount of the special rate or charge may vary according to the extent to which, in MEDQ’s opinion— the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity.\n(sec.115-ssec.5) MEDQ’s instrument making the special rate or charge must identify— the rateable land to which the rate or charge applies; and the overall plan for the supply of the service, facility or activity.\n(sec.115-ssec.6) The overall plan must— be adopted by MEDQ either before, or at the same time as, MEDQ first makes the special rate or charge; and identify the rateable land to which the rate or charge applies; and describe the service, facility or activity; and state the estimated cost of implementing the overall plan; and state the estimated time for implementing the overall plan.\n(sec.115-ssec.7) MEDQ may identify parcels of rateable land to which the rate or charge applies in any way MEDQ considers appropriate.\n(sec.115-ssec.8) Subsection (1) is taken to have been complied with if the special rate or charge is made and levied on— all rateable land that, at the time of making and levying the rate or charge, could reasonably be identified as land on which the rate or charge may be made and levied; or all rateable land on which the rate or charge may be made and levied, other than land accidentally omitted.\n- (a) the rate or charge is for a service, facility or activity provided by MEDQ, or by a local government or someone else at MEDQ’s request; and\n- (b) in MEDQ’s opinion— (i) the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or (ii) the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity.\n- (i) the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or\n- (ii) the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity.\n- (i) the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or\n- (ii) the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity.\n- (a) the land, or the owner or occupier of the land, has or will specially benefit from, or has or will have special access to, the service, facility or activity; or\n- (b) the owner or occupier of the land, or the use made or to be made of the land, has, or will, specially contribute to the need for the service, facility or activity.\n- (a) the rateable land to which the rate or charge applies; and\n- (b) the overall plan for the supply of the service, facility or activity.\n- (a) be adopted by MEDQ either before, or at the same time as, MEDQ first makes the special rate or charge; and\n- (b) identify the rateable land to which the rate or charge applies; and\n- (c) describe the service, facility or activity; and\n- (d) state the estimated cost of implementing the overall plan; and\n- (e) state the estimated time for implementing the overall plan.\n- (a) all rateable land that, at the time of making and levying the rate or charge, could reasonably be identified as land on which the rate or charge may be made and levied; or\n- (b) all rateable land on which the rate or charge may be made and levied, other than land accidentally omitted.","sortOrder":354},{"sectionNumber":"sec.116","sectionType":"section","heading":"Application of special rate or charge","content":"### sec.116 Application of special rate or charge\n\nA special rate or charge collected for a particular service, facility or activity must be used for that purpose.\nHowever, the special rate or charge need not be held in trust.\n(sec.116-ssec.1) A special rate or charge collected for a particular service, facility or activity must be used for that purpose.\n(sec.116-ssec.2) However, the special rate or charge need not be held in trust.","sortOrder":355},{"sectionNumber":"ch.3-pt.6-div.2","sectionType":"division","heading":"Infrastructure expenses recoupment charges","content":"## Infrastructure expenses recoupment charges","sortOrder":356},{"sectionNumber":"sec.116A","sectionType":"section","heading":"Definitions for div 2","content":"### sec.116A Definitions for div 2\n\nIn this division—\ncharge area means 1 of the following identified in an authorising instrument—\na single priority development area;\na part of a single priority development area;\nan area consisting of 2 or more priority development areas, or parts of 2 or more priority development areas, in the same local government area;\nPDA-associated land for a priority development area.\ns 116A def charge area amd 2016 No. 17 s 114\nprovision , of infrastructure, includes coordination of the provision of the infrastructure.\ns 116A ins 2014 No. 40 s 17\n- (a) a single priority development area;\n- (b) a part of a single priority development area;\n- (c) an area consisting of 2 or more priority development areas, or parts of 2 or more priority development areas, in the same local government area;\n- (d) PDA-associated land for a priority development area.","sortOrder":357},{"sectionNumber":"sec.116B","sectionType":"section","heading":"Making and levying charge","content":"### sec.116B Making and levying charge\n\nSubsection (2) applies if MEDQ incurs, or reasonably expects to incur, an expense for the provision of infrastructure in relation to land in a charge area.\nMEDQ may, by instrument (the authorising instrument ), make and levy on owners of rateable land in the charge area a charge (an infrastructure expenses recoupment charge ) on the rateable land to recoup, or provide for payment of, the expense.\nHowever, subsection (2) does not apply if—\nthe infrastructure is a facility or service for which a special rate or charge has been made and levied; or\nthe expense is recouped or provision is made for payment of the expense, other than by levying the charge.\nSubsection (2) is taken to have been complied with if the charge is made and levied on—\nall rateable land that, at the time of making and levying the charge, could reasonably be identified as land on which the charge may be made and levied; or\nall rateable land on which the charge may be made and levied, other than land accidentally omitted.\nTo remove any doubt, it is declared that subsection (2) applies even if MEDQ incurred, or reasonably expected to incur, the expense for the provision of infrastructure in relation to the land before the land was in a charge area.\ns 116B ins 2014 No. 40 s 17\n(sec.116B-ssec.1) Subsection (2) applies if MEDQ incurs, or reasonably expects to incur, an expense for the provision of infrastructure in relation to land in a charge area.\n(sec.116B-ssec.2) MEDQ may, by instrument (the authorising instrument ), make and levy on owners of rateable land in the charge area a charge (an infrastructure expenses recoupment charge ) on the rateable land to recoup, or provide for payment of, the expense.\n(sec.116B-ssec.3) However, subsection (2) does not apply if— the infrastructure is a facility or service for which a special rate or charge has been made and levied; or the expense is recouped or provision is made for payment of the expense, other than by levying the charge.\n(sec.116B-ssec.4) Subsection (2) is taken to have been complied with if the charge is made and levied on— all rateable land that, at the time of making and levying the charge, could reasonably be identified as land on which the charge may be made and levied; or all rateable land on which the charge may be made and levied, other than land accidentally omitted.\n(sec.116B-ssec.5) To remove any doubt, it is declared that subsection (2) applies even if MEDQ incurred, or reasonably expected to incur, the expense for the provision of infrastructure in relation to the land before the land was in a charge area.\n- (a) the infrastructure is a facility or service for which a special rate or charge has been made and levied; or\n- (b) the expense is recouped or provision is made for payment of the expense, other than by levying the charge.\n- (a) all rateable land that, at the time of making and levying the charge, could reasonably be identified as land on which the charge may be made and levied; or\n- (b) all rateable land on which the charge may be made and levied, other than land accidentally omitted.","sortOrder":358},{"sectionNumber":"sec.116C","sectionType":"section","heading":"Requirements for authorising instrument","content":"### sec.116C Requirements for authorising instrument\n\nThe authorising instrument for an infrastructure expenses recoupment charge must—\nidentify—\nthe charge area to which the charge relates; and\nthe rateable land to which the charge applies; and\nthe overall plan for the provision of the infrastructure to which the charge relates; and\nstate—\nthe amount of the charge for the residential land in the charge area; and\nthe way the amount of the charge for the non-residential land in the charge area is worked out; and\nthe rate, by reference to a stated index that is relevant to the estimated cost of the provision of infrastructure, by which the amount of the charge can be increased; and\nthe intervals at which the amount of the charge can be increased.\nThe overall plan must—\ndescribe the infrastructure to which the charge relates; and\nstate the estimated expenses and time for the provision of the infrastructure.\nMEDQ may identify parcels of rateable land to which the charge applies in any way MEDQ considers appropriate.\nIn this section—\nnon-residential land means rateable land other than residential land.\nresidential land means rateable land for which a residential use under a development scheme is provided.\ns 116C ins 2014 No. 40 s 17\n(sec.116C-ssec.1) The authorising instrument for an infrastructure expenses recoupment charge must— identify— the charge area to which the charge relates; and the rateable land to which the charge applies; and the overall plan for the provision of the infrastructure to which the charge relates; and state— the amount of the charge for the residential land in the charge area; and the way the amount of the charge for the non-residential land in the charge area is worked out; and the rate, by reference to a stated index that is relevant to the estimated cost of the provision of infrastructure, by which the amount of the charge can be increased; and the intervals at which the amount of the charge can be increased.\n(sec.116C-ssec.2) The overall plan must— describe the infrastructure to which the charge relates; and state the estimated expenses and time for the provision of the infrastructure.\n(sec.116C-ssec.3) MEDQ may identify parcels of rateable land to which the charge applies in any way MEDQ considers appropriate.\n(sec.116C-ssec.4) In this section— non-residential land means rateable land other than residential land. residential land means rateable land for which a residential use under a development scheme is provided.\n- (a) identify— (i) the charge area to which the charge relates; and (ii) the rateable land to which the charge applies; and (iii) the overall plan for the provision of the infrastructure to which the charge relates; and\n- (i) the charge area to which the charge relates; and\n- (ii) the rateable land to which the charge applies; and\n- (iii) the overall plan for the provision of the infrastructure to which the charge relates; and\n- (b) state— (i) the amount of the charge for the residential land in the charge area; and (ii) the way the amount of the charge for the non-residential land in the charge area is worked out; and (iii) the rate, by reference to a stated index that is relevant to the estimated cost of the provision of infrastructure, by which the amount of the charge can be increased; and (iv) the intervals at which the amount of the charge can be increased.\n- (i) the amount of the charge for the residential land in the charge area; and\n- (ii) the way the amount of the charge for the non-residential land in the charge area is worked out; and\n- (iii) the rate, by reference to a stated index that is relevant to the estimated cost of the provision of infrastructure, by which the amount of the charge can be increased; and\n- (iv) the intervals at which the amount of the charge can be increased.\n- (i) the charge area to which the charge relates; and\n- (ii) the rateable land to which the charge applies; and\n- (iii) the overall plan for the provision of the infrastructure to which the charge relates; and\n- (i) the amount of the charge for the residential land in the charge area; and\n- (ii) the way the amount of the charge for the non-residential land in the charge area is worked out; and\n- (iii) the rate, by reference to a stated index that is relevant to the estimated cost of the provision of infrastructure, by which the amount of the charge can be increased; and\n- (iv) the intervals at which the amount of the charge can be increased.\n- (a) describe the infrastructure to which the charge relates; and\n- (b) state the estimated expenses and time for the provision of the infrastructure.","sortOrder":359},{"sectionNumber":"sec.116D","sectionType":"section","heading":"Basis and amount of charge","content":"### sec.116D Basis and amount of charge\n\nAn infrastructure expenses recoupment charge may be made and levied on the bases MEDQ considers appropriate.\nSee also section 117 in relation to the recovery of the charge.\nWithout limiting subsection (1) , MEDQ may—\nfix a minimum amount of the charge; or\ndecide whether a discount for payment of the charge applies and the amount and terms of any discount.\nHowever, an infrastructure expenses recoupment charge may be increased by no more than the rate, and only at the intervals, stated in the authorising instrument for the charge.\ns 116D ins 2014 No. 40 s 17\n(sec.116D-ssec.1) An infrastructure expenses recoupment charge may be made and levied on the bases MEDQ considers appropriate. See also section 117 in relation to the recovery of the charge.\n(sec.116D-ssec.2) Without limiting subsection (1) , MEDQ may— fix a minimum amount of the charge; or decide whether a discount for payment of the charge applies and the amount and terms of any discount.\n(sec.116D-ssec.3) However, an infrastructure expenses recoupment charge may be increased by no more than the rate, and only at the intervals, stated in the authorising instrument for the charge.\n- (a) fix a minimum amount of the charge; or\n- (b) decide whether a discount for payment of the charge applies and the amount and terms of any discount.","sortOrder":360},{"sectionNumber":"sec.116E","sectionType":"section","heading":"Making and levying of charge by superseding public sector entity","content":"### sec.116E Making and levying of charge by superseding public sector entity\n\nThis section applies if—\nMEDQ has made and levied an infrastructure expenses recoupment charge to recoup an incurred expense, or provide for the payment of an expected expense, for the provision of infrastructure (the planned infrastructure ) in relation to land (the relevant land ) in a charge area consisting of the whole or part of a priority development area or PDA-associated land for a priority development area; and\nthe relevant land ceases to be in, or to be PDA-associated land for, a priority development area.\nHowever, this section does not apply for an expense that MEDQ has recouped.\nOn and after the cessation—\nthe infrastructure expenses recoupment charge is taken to have been made and levied by the superseding public sector entity for the infrastructure; and\nthe superseding public sector entity may continue to make and levy the infrastructure expenses recoupment charge.\nFor subsection (3) (b) , this division, other than section 116B (1) and (5) and this section, applies as if a reference in the division to MEDQ were a reference to the superseding public sector entity.\nHowever, to remove any doubt, it is declared that subsections (3) (b) and (4) do not authorise the superseding public sector entity to make and levy an infrastructure expenses recoupment charge to recoup or provide for an expense, other than for the provision of the planned infrastructure.\ns 116E ins 2014 No. 40 s 17\namd 2016 No. 17 s 115 ; 2019 No. 11 s 60\n(sec.116E-ssec.1) This section applies if— MEDQ has made and levied an infrastructure expenses recoupment charge to recoup an incurred expense, or provide for the payment of an expected expense, for the provision of infrastructure (the planned infrastructure ) in relation to land (the relevant land ) in a charge area consisting of the whole or part of a priority development area or PDA-associated land for a priority development area; and the relevant land ceases to be in, or to be PDA-associated land for, a priority development area.\n(sec.116E-ssec.2) However, this section does not apply for an expense that MEDQ has recouped.\n(sec.116E-ssec.3) On and after the cessation— the infrastructure expenses recoupment charge is taken to have been made and levied by the superseding public sector entity for the infrastructure; and the superseding public sector entity may continue to make and levy the infrastructure expenses recoupment charge.\n(sec.116E-ssec.4) For subsection (3) (b) , this division, other than section 116B (1) and (5) and this section, applies as if a reference in the division to MEDQ were a reference to the superseding public sector entity.\n(sec.116E-ssec.5) However, to remove any doubt, it is declared that subsections (3) (b) and (4) do not authorise the superseding public sector entity to make and levy an infrastructure expenses recoupment charge to recoup or provide for an expense, other than for the provision of the planned infrastructure.\n- (a) MEDQ has made and levied an infrastructure expenses recoupment charge to recoup an incurred expense, or provide for the payment of an expected expense, for the provision of infrastructure (the planned infrastructure ) in relation to land (the relevant land ) in a charge area consisting of the whole or part of a priority development area or PDA-associated land for a priority development area; and\n- (b) the relevant land ceases to be in, or to be PDA-associated land for, a priority development area.\n- (a) the infrastructure expenses recoupment charge is taken to have been made and levied by the superseding public sector entity for the infrastructure; and\n- (b) the superseding public sector entity may continue to make and levy the infrastructure expenses recoupment charge.","sortOrder":361},{"sectionNumber":"ch.3-pt.6-div.3","sectionType":"division","heading":"Recovery of relevant charges","content":"## Recovery of relevant charges","sortOrder":362},{"sectionNumber":"sec.116F","sectionType":"section","heading":"Definitions for div 3","content":"### sec.116F Definitions for div 3\n\nIn this division—\ncharge notice see section 116G (1) .\ncharging entity means—\nfor an infrastructure expenses recoupment charge made and levied, or taken to have been made and levied, by a superseding public sector entity—the public sector entity; or\notherwise—MEDQ.\nrelevant charge means—\na special rate or charge; or\nan infrastructure expenses recoupment charge.\ns 116F ins 2014 No. 40 s 17\n- (a) for an infrastructure expenses recoupment charge made and levied, or taken to have been made and levied, by a superseding public sector entity—the public sector entity; or\n- (b) otherwise—MEDQ.\n- (a) a special rate or charge; or\n- (b) an infrastructure expenses recoupment charge.","sortOrder":363},{"sectionNumber":"sec.116G","sectionType":"section","heading":"Charge notice","content":"### sec.116G Charge notice\n\nThe charging entity must give the owner of each parcel of rateable land on which a relevant charge is levied notice of the charge (a charge notice ).\nThe charge notice must state—\nthe rateable land and the relevant charge; and\nthe amount of the charge payable; and\nthe due date for payment of the charge; and\nif a discount for the charge applies—\nthe terms of the discount; and\nthe last day of the discount period; and\nthe ways in which the charge may be paid.\nThe charge notice may form part of another notice given by the charging entity to the owner of the land.\na rate notice given by a local government\ns 116G ins 2014 No. 40 s 17\n(sec.116G-ssec.1) The charging entity must give the owner of each parcel of rateable land on which a relevant charge is levied notice of the charge (a charge notice ).\n(sec.116G-ssec.2) The charge notice must state— the rateable land and the relevant charge; and the amount of the charge payable; and the due date for payment of the charge; and if a discount for the charge applies— the terms of the discount; and the last day of the discount period; and the ways in which the charge may be paid.\n(sec.116G-ssec.3) The charge notice may form part of another notice given by the charging entity to the owner of the land. a rate notice given by a local government\n- (a) the rateable land and the relevant charge; and\n- (b) the amount of the charge payable; and\n- (c) the due date for payment of the charge; and\n- (d) if a discount for the charge applies— (i) the terms of the discount; and (ii) the last day of the discount period; and\n- (i) the terms of the discount; and\n- (ii) the last day of the discount period; and\n- (e) the ways in which the charge may be paid.\n- (i) the terms of the discount; and\n- (ii) the last day of the discount period; and","sortOrder":364},{"sectionNumber":"sec.117","sectionType":"section","heading":"Recovery of relevant charge","content":"### sec.117 Recovery of relevant charge\n\nA relevant charge does not become owing until 20 business days after the owner of the land on which the charge is levied is given a charge notice for the charge.\nIf there is more than 1 owner of the land, all the owners are jointly and severally liable to pay the amount.\nIf the amount becomes owing under subsection (1) , the charging entity may recover it from the owner as a debt.\nAlso, the charging entity may recover the amount from the owner for the time being of the land.\nIf the charging entity may recover the amount under this section, the local government overdue rates or charges provisions apply for the amount as if—\nthe relevant charge were a rate or charge under the Local Government Act 2009 or the City of Brisbane Act 2010 on the land to which the relevant charge applies; and\na reference in the provisions to overdue rates and charges were a reference to the amount; and\na reference in the provisions to a local government or the council were a reference to the charging entity; and\na reference in the provisions to the chief executive officer of a local government or the council were a reference to the following—\nif the charging entity is MEDQ—MEDQ;\nif the charging entity is a superseding public sector entity—the chief executive or chief executive officer of the entity.\nFor land on which a special rate or charge is levied, a reference in subsection (1) , (2) or (3) to the owner of the land includes a reference to the occupier of the land.\nIn this section—\nlocal government overdue rates or charges provisions means—\nfor land outside the City of Brisbane—the following provisions—\nthe Local Government Act 2009 , section 95 ;\neach provision of a regulation made under the Local Government Act 2009 , section 96 ; or\nfor land in the City of Brisbane—the following provisions—\nthe City of Brisbane Act 2010 , section 97 ;\neach provision of a regulation made under the City of Brisbane Act 2010 , section 98 .\ns 117 sub 2014 No. 40 s 18\n(sec.117-ssec.1) A relevant charge does not become owing until 20 business days after the owner of the land on which the charge is levied is given a charge notice for the charge.\n(sec.117-ssec.2) If there is more than 1 owner of the land, all the owners are jointly and severally liable to pay the amount.\n(sec.117-ssec.3) If the amount becomes owing under subsection (1) , the charging entity may recover it from the owner as a debt.\n(sec.117-ssec.4) Also, the charging entity may recover the amount from the owner for the time being of the land.\n(sec.117-ssec.5) If the charging entity may recover the amount under this section, the local government overdue rates or charges provisions apply for the amount as if— the relevant charge were a rate or charge under the Local Government Act 2009 or the City of Brisbane Act 2010 on the land to which the relevant charge applies; and a reference in the provisions to overdue rates and charges were a reference to the amount; and a reference in the provisions to a local government or the council were a reference to the charging entity; and a reference in the provisions to the chief executive officer of a local government or the council were a reference to the following— if the charging entity is MEDQ—MEDQ; if the charging entity is a superseding public sector entity—the chief executive or chief executive officer of the entity.\n(sec.117-ssec.6) For land on which a special rate or charge is levied, a reference in subsection (1) , (2) or (3) to the owner of the land includes a reference to the occupier of the land.\n(sec.117-ssec.7) In this section— local government overdue rates or charges provisions means— for land outside the City of Brisbane—the following provisions— the Local Government Act 2009 , section 95 ; each provision of a regulation made under the Local Government Act 2009 , section 96 ; or for land in the City of Brisbane—the following provisions— the City of Brisbane Act 2010 , section 97 ; each provision of a regulation made under the City of Brisbane Act 2010 , section 98 .\n- (a) the relevant charge were a rate or charge under the Local Government Act 2009 or the City of Brisbane Act 2010 on the land to which the relevant charge applies; and\n- (b) a reference in the provisions to overdue rates and charges were a reference to the amount; and\n- (c) a reference in the provisions to a local government or the council were a reference to the charging entity; and\n- (d) a reference in the provisions to the chief executive officer of a local government or the council were a reference to the following— (i) if the charging entity is MEDQ—MEDQ; (ii) if the charging entity is a superseding public sector entity—the chief executive or chief executive officer of the entity.\n- (i) if the charging entity is MEDQ—MEDQ;\n- (ii) if the charging entity is a superseding public sector entity—the chief executive or chief executive officer of the entity.\n- (i) if the charging entity is MEDQ—MEDQ;\n- (ii) if the charging entity is a superseding public sector entity—the chief executive or chief executive officer of the entity.\n- (a) for land outside the City of Brisbane—the following provisions— (i) the Local Government Act 2009 , section 95 ; (ii) each provision of a regulation made under the Local Government Act 2009 , section 96 ; or\n- (i) the Local Government Act 2009 , section 95 ;\n- (ii) each provision of a regulation made under the Local Government Act 2009 , section 96 ; or\n- (b) for land in the City of Brisbane—the following provisions— (i) the City of Brisbane Act 2010 , section 97 ; (ii) each provision of a regulation made under the City of Brisbane Act 2010 , section 98 .\n- (i) the City of Brisbane Act 2010 , section 97 ;\n- (ii) each provision of a regulation made under the City of Brisbane Act 2010 , section 98 .\n- (i) the Local Government Act 2009 , section 95 ;\n- (ii) each provision of a regulation made under the Local Government Act 2009 , section 96 ; or\n- (i) the City of Brisbane Act 2010 , section 97 ;\n- (ii) each provision of a regulation made under the City of Brisbane Act 2010 , section 98 .","sortOrder":365},{"sectionNumber":"ch.3-pt.6-div.4","sectionType":"division","heading":"Remission of amounts paid for infrastructure charges","content":"## Remission of amounts paid for infrastructure charges","sortOrder":366},{"sectionNumber":"sec.117A","sectionType":"section","heading":"Definitions for division","content":"### sec.117A Definitions for division\n\nIn this division—\nchange , to a development approval, does not include a minor change.\ndevelopment approval means a development approval under the Planning Act .\ninfrastructure charges notice —\nfor a development approval, means an infrastructure charges notice under the Planning Act ; or\nfor a water approval, means an infrastructure charges notice under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\nminor change see the Planning Act , schedule 2 .\nrelevant approval see section 117C .\nrelevant infrastructure amount see section 117B .\ntrunk infrastructure —\nin relation to a development approval—see the Planning Act , schedule 2 ; or\nin relation to a water approval—see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , schedule.\ns 117A ins 2024 No. 32 s 39\n- (a) for a development approval, means an infrastructure charges notice under the Planning Act ; or\n- (b) for a water approval, means an infrastructure charges notice under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .\n- (a) in relation to a development approval—see the Planning Act , schedule 2 ; or\n- (b) in relation to a water approval—see the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , schedule.","sortOrder":367},{"sectionNumber":"sec.117B","sectionType":"section","heading":"Relevant infrastructure amounts","content":"### sec.117B Relevant infrastructure amounts\n\nA relevant infrastructure amount is an amount paid or payable to a local government or distributor-retailer—\nunder a relevant approval, in relation to trunk infrastructure; or\nunder an infrastructure charges notice given for a relevant approval.\ns 117B ins 2024 No. 32 s 39\n- (a) under a relevant approval, in relation to trunk infrastructure; or\n- (b) under an infrastructure charges notice given for a relevant approval.","sortOrder":368},{"sectionNumber":"sec.117C","sectionType":"section","heading":"Relevant approvals","content":"### sec.117C Relevant approvals\n\nA development approval or water approval given for premises is a relevant approval if—\nthe premises are on land in a priority development area; and\nthe approval is given after—\nthe day the priority development area is declared; or\nthe day the land becomes part of the priority development area, if that happens after the priority development area is declared.\nA development approval or water approval given for premises is also a relevant approval if—\nthe premises are on land in a priority development area (whether the priority development area is declared, or the land becomes part of the priority development area, before or after the approval is given); and\nthe approval is changed or amended after—\nthe day the priority development area is declared; or\nthe day the land becomes part of the priority development area, if that happens after the priority development area is declared.\nSee sections 44 , 45 , 247 and 248 for when a development approval under the Planning Act may or may not be changed after a priority development area is declared.\ns 117C ins 2024 No. 32 s 39\n(sec.117C-ssec.1) A development approval or water approval given for premises is a relevant approval if— the premises are on land in a priority development area; and the approval is given after— the day the priority development area is declared; or the day the land becomes part of the priority development area, if that happens after the priority development area is declared.\n(sec.117C-ssec.2) A development approval or water approval given for premises is also a relevant approval if— the premises are on land in a priority development area (whether the priority development area is declared, or the land becomes part of the priority development area, before or after the approval is given); and the approval is changed or amended after— the day the priority development area is declared; or the day the land becomes part of the priority development area, if that happens after the priority development area is declared.\n- (a) the premises are on land in a priority development area; and\n- (b) the approval is given after— (i) the day the priority development area is declared; or (ii) the day the land becomes part of the priority development area, if that happens after the priority development area is declared.\n- (i) the day the priority development area is declared; or\n- (ii) the day the land becomes part of the priority development area, if that happens after the priority development area is declared.\n- (i) the day the priority development area is declared; or\n- (ii) the day the land becomes part of the priority development area, if that happens after the priority development area is declared.\n- (a) the premises are on land in a priority development area (whether the priority development area is declared, or the land becomes part of the priority development area, before or after the approval is given); and\n- (b) the approval is changed or amended after— (i) the day the priority development area is declared; or (ii) the day the land becomes part of the priority development area, if that happens after the priority development area is declared.\n- (i) the day the priority development area is declared; or\n- (ii) the day the land becomes part of the priority development area, if that happens after the priority development area is declared.\n- (i) the day the priority development area is declared; or\n- (ii) the day the land becomes part of the priority development area, if that happens after the priority development area is declared.","sortOrder":369},{"sectionNumber":"sec.117D","sectionType":"section","heading":"MEDQ may require information about relevant infrastructure amounts","content":"### sec.117D MEDQ may require information about relevant infrastructure amounts\n\nMEDQ may, by notice given to a local government or distributor-retailer, ask for particulars about relevant infrastructure amounts paid or payable to the local government or distributor-retailer.\nThe local government or distributor-retailer must comply with the notice.\ns 117D ins 2024 No. 32 s 39\n(sec.117D-ssec.1) MEDQ may, by notice given to a local government or distributor-retailer, ask for particulars about relevant infrastructure amounts paid or payable to the local government or distributor-retailer.\n(sec.117D-ssec.2) The local government or distributor-retailer must comply with the notice.","sortOrder":370},{"sectionNumber":"sec.117E","sectionType":"section","heading":"MEDQ may require remission of relevant infrastructure amounts","content":"### sec.117E MEDQ may require remission of relevant infrastructure amounts\n\nThis section applies if MEDQ is satisfied a relevant infrastructure amount may be used for the supply of infrastructure for the priority development area or PDA-associated land to address the impacts of development in the area or on the land (whether or not the infrastructure also has another function or purpose).\nMEDQ may, by notice given to the local government or distributor-retailer to whom the relevant infrastructure amount has been paid or is payable, require the local government or distributor-retailer to remit the amount to MEDQ.\nHowever, the amount that must be remitted to MEDQ under the notice does not include any part of the relevant infrastructure amount that is an excluded amount under subsection (4) .\nFor subsection (3) , an amount paid to the local government or distributor-retailer in relation to an approval is an excluded amount if—\nthe approval was given before—\nthe day the priority development area was declared; or\nthe day the land became part of the priority development area, if that happened after the priority development area is declared; and\nthe approval was changed or amended after the day mentioned in paragraph (a) (i) or (ii) ; and\nthe amount was paid to the local government or distributor-retailer before the approval was changed or amended.\nAn amount that the local government or distributor-retailer is required to remit to MEDQ under the notice may be recovered as a debt owed to MEDQ by the local government or distributor-retailer.\ns 117E ins 2024 No. 32 s 39\n(sec.117E-ssec.1) This section applies if MEDQ is satisfied a relevant infrastructure amount may be used for the supply of infrastructure for the priority development area or PDA-associated land to address the impacts of development in the area or on the land (whether or not the infrastructure also has another function or purpose).\n(sec.117E-ssec.2) MEDQ may, by notice given to the local government or distributor-retailer to whom the relevant infrastructure amount has been paid or is payable, require the local government or distributor-retailer to remit the amount to MEDQ.\n(sec.117E-ssec.3) However, the amount that must be remitted to MEDQ under the notice does not include any part of the relevant infrastructure amount that is an excluded amount under subsection (4) .\n(sec.117E-ssec.4) For subsection (3) , an amount paid to the local government or distributor-retailer in relation to an approval is an excluded amount if— the approval was given before— the day the priority development area was declared; or the day the land became part of the priority development area, if that happened after the priority development area is declared; and the approval was changed or amended after the day mentioned in paragraph (a) (i) or (ii) ; and the amount was paid to the local government or distributor-retailer before the approval was changed or amended.\n(sec.117E-ssec.5) An amount that the local government or distributor-retailer is required to remit to MEDQ under the notice may be recovered as a debt owed to MEDQ by the local government or distributor-retailer.\n- (a) the approval was given before— (i) the day the priority development area was declared; or (ii) the day the land became part of the priority development area, if that happened after the priority development area is declared; and\n- (i) the day the priority development area was declared; or\n- (ii) the day the land became part of the priority development area, if that happened after the priority development area is declared; and\n- (b) the approval was changed or amended after the day mentioned in paragraph (a) (i) or (ii) ; and\n- (c) the amount was paid to the local government or distributor-retailer before the approval was changed or amended.\n- (i) the day the priority development area was declared; or\n- (ii) the day the land became part of the priority development area, if that happened after the priority development area is declared; and","sortOrder":371},{"sectionNumber":"ch.3-pt.7","sectionType":"part","heading":"Infrastructure agreements relating to priority development areas","content":"# Infrastructure agreements relating to priority development areas","sortOrder":372},{"sectionNumber":"sec.118","sectionType":"section","heading":"Application of pt 7","content":"### sec.118 Application of pt 7\n\nThis part applies to an infrastructure agreement to which MEDQ is a party if it relates to land that is or was—\nin a priority development area; or\nPDA-associated land for a priority development area.\ns 118 amd 2016 No. 17 s 117\n- (a) in a priority development area; or\n- (b) PDA-associated land for a priority development area.","sortOrder":373},{"sectionNumber":"sec.119","sectionType":"section","heading":"Exercise of discretion unaffected by infrastructure agreements","content":"### sec.119 Exercise of discretion unaffected by infrastructure agreements\n\nThe infrastructure agreement is not invalid merely because its fulfilment depends on the exercise of a discretion by MEDQ about—\na draft provisional land use plan or provisional land use plan for a provisional priority development area; or\nan interim land use plan or development scheme for another priority development area; or\nan existing or future PDA development application.\ns 119 amd 2019 No. 11 s 61\n- (a) a draft provisional land use plan or provisional land use plan for a provisional priority development area; or\n- (b) an interim land use plan or development scheme for another priority development area; or\n- (c) an existing or future PDA development application.","sortOrder":374},{"sectionNumber":"sec.120","sectionType":"section","heading":"When infrastructure agreements under Planning Act apply instead of particular approvals","content":"### sec.120 When infrastructure agreements under Planning Act apply instead of particular approvals\n\nThis section applies if the infrastructure agreement is made under the Planning Act .\nThe infrastructure agreement applies instead of a PDA development approval to the extent of any inconsistency.\nSubsections (4) and (5) apply if—\nland to which the infrastructure agreement relates ceases to be in, or to be PDA-associated land for, a priority development area; and\npart of a PDA development approval for the land becomes a Planning Act approval or part of a water approval.\nDespite the Planning Act , section 157 (2) , the infrastructure agreement applies instead of the Planning Act approval under section 157 (1) of that Act, even if the chief executive of the department in which that Act is administered has not approved the agreement.\nIf the infrastructure agreement is made before the cessation, the agreement applies instead of the part of the water approval to the extent of any inconsistency.\nTo remove any doubt, it is declared that subsections (4) and (5) apply whether or not the infrastructure agreement is amended before or after the cessation.\ns 120 sub 2019 No. 11 s 62\n(sec.120-ssec.1) This section applies if the infrastructure agreement is made under the Planning Act .\n(sec.120-ssec.2) The infrastructure agreement applies instead of a PDA development approval to the extent of any inconsistency.\n(sec.120-ssec.3) Subsections (4) and (5) apply if— land to which the infrastructure agreement relates ceases to be in, or to be PDA-associated land for, a priority development area; and part of a PDA development approval for the land becomes a Planning Act approval or part of a water approval.\n(sec.120-ssec.4) Despite the Planning Act , section 157 (2) , the infrastructure agreement applies instead of the Planning Act approval under section 157 (1) of that Act, even if the chief executive of the department in which that Act is administered has not approved the agreement.\n(sec.120-ssec.5) If the infrastructure agreement is made before the cessation, the agreement applies instead of the part of the water approval to the extent of any inconsistency.\n(sec.120-ssec.6) To remove any doubt, it is declared that subsections (4) and (5) apply whether or not the infrastructure agreement is amended before or after the cessation.\n- (a) land to which the infrastructure agreement relates ceases to be in, or to be PDA-associated land for, a priority development area; and\n- (b) part of a PDA development approval for the land becomes a Planning Act approval or part of a water approval.","sortOrder":375},{"sectionNumber":"sec.120A","sectionType":"section","heading":"When water infrastructure agreements apply instead of particular approvals","content":"### sec.120A When water infrastructure agreements apply instead of particular approvals\n\nThis section applies if the infrastructure agreement is a water infrastructure agreement.\nIf the water infrastructure agreement is made on or after the commencement, the agreement applies instead of a PDA development approval to the extent of any inconsistency.\nSubsection (4) applies if—\nland to which the water infrastructure agreement relates ceases to be in, or to be PDA-associated land for, a priority development area; and\npart of a PDA development approval for the land becomes part of a water approval.\nDespite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 99BRDO , the water infrastructure agreement prevails over the part of the water approval to the extent of any inconsistency only if the agreement is made on or after the commencement.\ns 120A ins 2019 No. 11 s 62\n(sec.120A-ssec.1) This section applies if the infrastructure agreement is a water infrastructure agreement.\n(sec.120A-ssec.2) If the water infrastructure agreement is made on or after the commencement, the agreement applies instead of a PDA development approval to the extent of any inconsistency.\n(sec.120A-ssec.3) Subsection (4) applies if— land to which the water infrastructure agreement relates ceases to be in, or to be PDA-associated land for, a priority development area; and part of a PDA development approval for the land becomes part of a water approval.\n(sec.120A-ssec.4) Despite the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 , section 99BRDO , the water infrastructure agreement prevails over the part of the water approval to the extent of any inconsistency only if the agreement is made on or after the commencement.\n- (a) land to which the water infrastructure agreement relates ceases to be in, or to be PDA-associated land for, a priority development area; and\n- (b) part of a PDA development approval for the land becomes part of a water approval.","sortOrder":376},{"sectionNumber":"sec.121","sectionType":"section","heading":"Infrastructure agreement continues beyond cessation of priority development area","content":"### sec.121 Infrastructure agreement continues beyond cessation of priority development area\n\nThis section applies if—\nland ceases to be in, or to be PDA-associated land for, a priority development area; and\nan infrastructure agreement in relation to the land was in force immediately before the land ceased to be in, or to be PDA-associated land for, the priority development area; and\nMEDQ has elected not to continue to be a party to the agreement.\nA superseding public sector entity for infrastructure that is the subject of the infrastructure agreement, and that is being provided in relation to the land, is taken to be a party to the agreement.\nMEDQ’s rights and responsibilities under the infrastructure agreement for the infrastructure become the rights and responsibilities of the superseding public sector entity.\nTo remove any doubt, it is declared that sections 119 , 120 and 120A continue to apply to the infrastructure agreement.\ns 121 amd 2014 No. 40 s 19 ; 2016 No. 17 s 118 ; 2019 No. 11 s 63\n(sec.121-ssec.1) This section applies if— land ceases to be in, or to be PDA-associated land for, a priority development area; and an infrastructure agreement in relation to the land was in force immediately before the land ceased to be in, or to be PDA-associated land for, the priority development area; and MEDQ has elected not to continue to be a party to the agreement.\n(sec.121-ssec.2) A superseding public sector entity for infrastructure that is the subject of the infrastructure agreement, and that is being provided in relation to the land, is taken to be a party to the agreement.\n(sec.121-ssec.3) MEDQ’s rights and responsibilities under the infrastructure agreement for the infrastructure become the rights and responsibilities of the superseding public sector entity.\n(sec.121-ssec.4) To remove any doubt, it is declared that sections 119 , 120 and 120A continue to apply to the infrastructure agreement.\n- (a) land ceases to be in, or to be PDA-associated land for, a priority development area; and\n- (b) an infrastructure agreement in relation to the land was in force immediately before the land ceased to be in, or to be PDA-associated land for, the priority development area; and\n- (c) MEDQ has elected not to continue to be a party to the agreement.","sortOrder":377},{"sectionNumber":"sec.122","sectionType":"section","heading":"Consultation with public sector entities before entering into particular infrastructure agreements","content":"### sec.122 Consultation with public sector entities before entering into particular infrastructure agreements\n\nThis section applies if a proposed infrastructure agreement would, if entered into, likely continue to apply in relation to land after the land ceases to be in, or to be PDA-associated land for, a priority development area.\nBefore entering into the proposed infrastructure agreement, MEDQ must consult about the terms of the agreement with the entities MEDQ considers will be superseding public sector entities for infrastructure the subject of the agreement.\ns 122 amd 2016 No. 17 s 119 ; 2019 No. 11 s 64\n(sec.122-ssec.1) This section applies if a proposed infrastructure agreement would, if entered into, likely continue to apply in relation to land after the land ceases to be in, or to be PDA-associated land for, a priority development area.\n(sec.122-ssec.2) Before entering into the proposed infrastructure agreement, MEDQ must consult about the terms of the agreement with the entities MEDQ considers will be superseding public sector entities for infrastructure the subject of the agreement.","sortOrder":378},{"sectionNumber":"ch.3-pt.7A","sectionType":"part","heading":"Housing agreements relating to priority development areas","content":"# Housing agreements relating to priority development areas","sortOrder":379},{"sectionNumber":"sec.122AA","sectionType":"section","heading":"Application of part","content":"### sec.122AA Application of part\n\nThis part applies if a PDA development condition of a PDA development approval is imposed under section 88 (1) (f) (iii) that requires the payment of an amount in lieu of the supply of social housing or affordable housing on the relevant land for the PDA development approval.\nMEDQ may enter into an agreement (a housing agreement ) with an entity to waive payment of the amount in exchange for the supply of social housing or affordable housing on—\nthe relevant land for the PDA development approval; or\nland other than the relevant land for the PDA development approval.\nTo remove any doubt, it is declared that the land mentioned in subsection (2) (b) may be located in or out of the priority development area the subject of the PDA development approval.\ns 122AA ins 2024 No. 32 s 40\n(sec.122AA-ssec.1) This part applies if a PDA development condition of a PDA development approval is imposed under section 88 (1) (f) (iii) that requires the payment of an amount in lieu of the supply of social housing or affordable housing on the relevant land for the PDA development approval.\n(sec.122AA-ssec.2) MEDQ may enter into an agreement (a housing agreement ) with an entity to waive payment of the amount in exchange for the supply of social housing or affordable housing on— the relevant land for the PDA development approval; or land other than the relevant land for the PDA development approval.\n(sec.122AA-ssec.3) To remove any doubt, it is declared that the land mentioned in subsection (2) (b) may be located in or out of the priority development area the subject of the PDA development approval.\n- (a) the relevant land for the PDA development approval; or\n- (b) land other than the relevant land for the PDA development approval.","sortOrder":380},{"sectionNumber":"sec.122AB","sectionType":"section","heading":"Obligation to negotiate in good faith","content":"### sec.122AB Obligation to negotiate in good faith\n\nThis section applies if—\nMEDQ proposes to another entity that they enter into a housing agreement; or\nanother entity proposes to MEDQ that they enter into a housing agreement.\nThe entity (the recipient ) to whom the proposal is made must, in writing, tell the entity making the proposal if the recipient agrees to entering into negotiations for a housing agreement.\nWhen negotiating a housing agreement, the entities must act in good faith.\ndisclosing to the other party to the negotiations in a timely way information relevant to entering into the proposed agreement\nconsidering and responding in a timely way to the other party’s proposals about the proposed agreement\ngiving reasons for each response\ns 122AB ins 2024 No. 32 s 40\n(sec.122AB-ssec.1) This section applies if— MEDQ proposes to another entity that they enter into a housing agreement; or another entity proposes to MEDQ that they enter into a housing agreement.\n(sec.122AB-ssec.2) The entity (the recipient ) to whom the proposal is made must, in writing, tell the entity making the proposal if the recipient agrees to entering into negotiations for a housing agreement.\n(sec.122AB-ssec.3) When negotiating a housing agreement, the entities must act in good faith. disclosing to the other party to the negotiations in a timely way information relevant to entering into the proposed agreement considering and responding in a timely way to the other party’s proposals about the proposed agreement giving reasons for each response\n- (a) MEDQ proposes to another entity that they enter into a housing agreement; or\n- (b) another entity proposes to MEDQ that they enter into a housing agreement.\n- • disclosing to the other party to the negotiations in a timely way information relevant to entering into the proposed agreement\n- • considering and responding in a timely way to the other party’s proposals about the proposed agreement\n- • giving reasons for each response","sortOrder":381},{"sectionNumber":"sec.122AC","sectionType":"section","heading":"Content of housing agreement","content":"### sec.122AC Content of housing agreement\n\nA housing agreement must—\nif responsibilities under the agreement would be affected by a change in the ownership of premises that are the subject of the agreement—include a statement about how the responsibilities must be fulfilled in that event; and\nif the fulfilment of responsibilities under the agreement depends on development entitlements that may be affected by a planning change—include a statement about—\nrefunding or reimbursing amounts paid under the agreement; and\nchanging or cancelling the responsibilities if the development entitlements are changed without the consent of the person required to fulfil the responsibilities; and\ninclude any other matter prescribed by regulation.\nA housing agreement may require the provision of security to MEDQ to secure compliance with the agreement.\ns 122AC ins 2024 No. 32 s 40\n(sec.122AC-ssec.1) A housing agreement must— if responsibilities under the agreement would be affected by a change in the ownership of premises that are the subject of the agreement—include a statement about how the responsibilities must be fulfilled in that event; and if the fulfilment of responsibilities under the agreement depends on development entitlements that may be affected by a planning change—include a statement about— refunding or reimbursing amounts paid under the agreement; and changing or cancelling the responsibilities if the development entitlements are changed without the consent of the person required to fulfil the responsibilities; and include any other matter prescribed by regulation.\n(sec.122AC-ssec.2) A housing agreement may require the provision of security to MEDQ to secure compliance with the agreement.\n- (a) if responsibilities under the agreement would be affected by a change in the ownership of premises that are the subject of the agreement—include a statement about how the responsibilities must be fulfilled in that event; and\n- (b) if the fulfilment of responsibilities under the agreement depends on development entitlements that may be affected by a planning change—include a statement about— (i) refunding or reimbursing amounts paid under the agreement; and (ii) changing or cancelling the responsibilities if the development entitlements are changed without the consent of the person required to fulfil the responsibilities; and\n- (i) refunding or reimbursing amounts paid under the agreement; and\n- (ii) changing or cancelling the responsibilities if the development entitlements are changed without the consent of the person required to fulfil the responsibilities; and\n- (c) include any other matter prescribed by regulation.\n- (i) refunding or reimbursing amounts paid under the agreement; and\n- (ii) changing or cancelling the responsibilities if the development entitlements are changed without the consent of the person required to fulfil the responsibilities; and","sortOrder":382},{"sectionNumber":"sec.122AD","sectionType":"section","heading":"Copy of housing agreement must be given to local government","content":"### sec.122AD Copy of housing agreement must be given to local government\n\nIf MEDQ enters into a housing agreement for a priority development area situated in a local government area, MEDQ must give a copy of the agreement to the local government for the area.\ns 122AD ins 2024 No. 32 s 40","sortOrder":383},{"sectionNumber":"sec.122AE","sectionType":"section","heading":"When housing agreement binds successors in title","content":"### sec.122AE When housing agreement binds successors in title\n\nThis section applies if the owner of relevant land for a PDA development approval to which a housing agreement relates—\nis a party to the agreement; or\nconsents to the responsibilities under the agreement being attached to the relevant land.\nThe responsibilities under the housing agreement attach to the relevant land and bind the owner of the relevant land and the owner’s successors in title.\nIf the owner’s consent under subsection (1) (b) is given but not endorsed on the agreement, the owner must give a copy of the document evidencing the owner’s consent to the local government for the relevant land to which the consent applies.\nDespite subsection (3) , subsections (5) and (6) apply if—\nthe housing agreement states that if the relevant land is subdivided, part of the relevant land is to be released from the responsibilities; and\nthe relevant land is subdivided.\nThe part is released from the responsibilities.\nThe responsibilities are no longer binding on the owner of the part.\ns 122AE ins 2024 No. 32 s 40\n(sec.122AE-ssec.1) This section applies if the owner of relevant land for a PDA development approval to which a housing agreement relates— is a party to the agreement; or consents to the responsibilities under the agreement being attached to the relevant land.\n(sec.122AE-ssec.2) The responsibilities under the housing agreement attach to the relevant land and bind the owner of the relevant land and the owner’s successors in title.\n(sec.122AE-ssec.3) If the owner’s consent under subsection (1) (b) is given but not endorsed on the agreement, the owner must give a copy of the document evidencing the owner’s consent to the local government for the relevant land to which the consent applies.\n(sec.122AE-ssec.4) Despite subsection (3) , subsections (5) and (6) apply if— the housing agreement states that if the relevant land is subdivided, part of the relevant land is to be released from the responsibilities; and the relevant land is subdivided.\n(sec.122AE-ssec.5) The part is released from the responsibilities.\n(sec.122AE-ssec.6) The responsibilities are no longer binding on the owner of the part.\n- (a) is a party to the agreement; or\n- (b) consents to the responsibilities under the agreement being attached to the relevant land.\n- (a) the housing agreement states that if the relevant land is subdivided, part of the relevant land is to be released from the responsibilities; and\n- (b) the relevant land is subdivided.","sortOrder":384},{"sectionNumber":"sec.122AF","sectionType":"section","heading":"Exercise of discretion unaffected by housing agreement","content":"### sec.122AF Exercise of discretion unaffected by housing agreement\n\nA housing agreement is not invalid merely because its fulfilment depends on the exercise of a discretion by a public sector entity about an existing or future PDA development application.\ns 122AF ins 2024 No. 32 s 40","sortOrder":385},{"sectionNumber":"sec.122AG","sectionType":"section","heading":"Housing agreement applies instead of PDA development condition requiring payment of amount","content":"### sec.122AG Housing agreement applies instead of PDA development condition requiring payment of amount\n\nThis section applies if MEDQ enters into a housing agreement with an entity to waive the payment of an amount required under a PDA development condition of a PDA development approval imposed under section 88 (1) (f) (iii) in exchange for the supply of social housing or affordable housing on—\nthe relevant land for the PDA development approval; or\nland other than the relevant land for the PDA development approval.\nTo the extent of any inconsistency, the housing agreement applies instead of the PDA development condition.\nSubsections (4) , (5) and (6) apply if—\nthe relevant land for the PDA development approval ceases to be in, or to be PDA-associated land for, a priority development area; and\nthe PDA development condition becomes a condition of a Planning Act approval under chapter 3 , part 2 , division 4 , subdivision 2 , even if, as mentioned in section 51AI , the condition could not be imposed under the Planning Act (the transitional payment condition ).\nThe housing agreement—\ncontinues to have effect according to the terms of the housing agreement; and\nMEDQ continues to be a party to the housing agreement; and\nMEDQ’s rights and responsibilities under the housing agreement continue; and\nto the extent of any inconsistency, the housing agreement applies instead of the transitional payment condition.\nSubsection (4) applies even if the terms of the housing agreement could not be imposed under the Planning Act and the housing agreement could not be entered into under the Planning Act .\nIf the housing agreement is terminated or of no effect, any amount required to be paid under the transitional payment condition is payable to MEDQ as a debt.\ns 122AG ins 2024 No. 32 s 40\n(sec.122AG-ssec.1) This section applies if MEDQ enters into a housing agreement with an entity to waive the payment of an amount required under a PDA development condition of a PDA development approval imposed under section 88 (1) (f) (iii) in exchange for the supply of social housing or affordable housing on— the relevant land for the PDA development approval; or land other than the relevant land for the PDA development approval.\n(sec.122AG-ssec.2) To the extent of any inconsistency, the housing agreement applies instead of the PDA development condition.\n(sec.122AG-ssec.3) Subsections (4) , (5) and (6) apply if— the relevant land for the PDA development approval ceases to be in, or to be PDA-associated land for, a priority development area; and the PDA development condition becomes a condition of a Planning Act approval under chapter 3 , part 2 , division 4 , subdivision 2 , even if, as mentioned in section 51AI , the condition could not be imposed under the Planning Act (the transitional payment condition ).\n(sec.122AG-ssec.4) The housing agreement— continues to have effect according to the terms of the housing agreement; and MEDQ continues to be a party to the housing agreement; and MEDQ’s rights and responsibilities under the housing agreement continue; and to the extent of any inconsistency, the housing agreement applies instead of the transitional payment condition.\n(sec.122AG-ssec.5) Subsection (4) applies even if the terms of the housing agreement could not be imposed under the Planning Act and the housing agreement could not be entered into under the Planning Act .\n(sec.122AG-ssec.6) If the housing agreement is terminated or of no effect, any amount required to be paid under the transitional payment condition is payable to MEDQ as a debt.\n- (a) the relevant land for the PDA development approval; or\n- (b) land other than the relevant land for the PDA development approval.\n- (a) the relevant land for the PDA development approval ceases to be in, or to be PDA-associated land for, a priority development area; and\n- (b) the PDA development condition becomes a condition of a Planning Act approval under chapter 3 , part 2 , division 4 , subdivision 2 , even if, as mentioned in section 51AI , the condition could not be imposed under the Planning Act (the transitional payment condition ).\n- (a) continues to have effect according to the terms of the housing agreement; and\n- (b) MEDQ continues to be a party to the housing agreement; and\n- (c) MEDQ’s rights and responsibilities under the housing agreement continue; and\n- (d) to the extent of any inconsistency, the housing agreement applies instead of the transitional payment condition.","sortOrder":386},{"sectionNumber":"ch.3-pt.8","sectionType":"part","heading":"MEDQ’s powers relating to priority development areas and PDA-associated development","content":"# MEDQ’s powers relating to priority development areas and PDA-associated development","sortOrder":387},{"sectionNumber":"sec.122A","sectionType":"section","heading":"Definitions for part","content":"### sec.122A Definitions for part\n\nIn this part—\nEDQ employee means an employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH .\ns 122A def EDQ employee ins 2024 No. 32 s 41\nMEDQ agent means an agent of MEDQ.\nMEDQ employee ...\ns 122A def MEDQ employee om 2024 No. 32 s 41\ns 122A ins 2019 No. 11 s 102","sortOrder":388},{"sectionNumber":"sec.122B","sectionType":"section","heading":"Powers for investigation and enforcement of PDA development offences and related matters","content":"### sec.122B Powers for investigation and enforcement of PDA development offences and related matters\n\nThe Planning Act , chapter 5 , parts 6 , 7 and 8 applies as if—\na reference in the parts to the chief executive were a reference to MEDQ; and\nthe reference in section 182 (1) (a) of that Act to an officer of the department were a reference to an MEDQ agent or EDQ employee; and\na reference in the parts to a development approval were a reference to a PDA development approval; and\na reference in the parts to an offence against the Planning Act were a reference to a PDA development offence; and\na reference in the parts to a warrant issued or power exercised under that Act, or a provision of that Act, were a reference to a warrant issued or power exercised under those parts as applied under this section.\ns 122B ins 2019 No. 11 s 102\namd 2024 No. 32 s 42\n- (a) a reference in the parts to the chief executive were a reference to MEDQ; and\n- (b) the reference in section 182 (1) (a) of that Act to an officer of the department were a reference to an MEDQ agent or EDQ employee; and\n- (c) a reference in the parts to a development approval were a reference to a PDA development approval; and\n- (d) a reference in the parts to an offence against the Planning Act were a reference to a PDA development offence; and\n- (e) a reference in the parts to a warrant issued or power exercised under that Act, or a provision of that Act, were a reference to a warrant issued or power exercised under those parts as applied under this section.","sortOrder":389},{"sectionNumber":"sec.123","sectionType":"section","heading":"Application of local government entry powers for MEDQ’s functions or powers","content":"### sec.123 Application of local government entry powers for MEDQ’s functions or powers\n\nThis section applies to—\nland in, or a structure on, a priority development area or a lot adjoining the priority development area; or\nland or a structure the subject of PDA-associated development for a priority development area or a lot adjoining the land or structure.\nThe local government entry powers provisions apply to MEDQ and each authorised employee or agent of MEDQ as if—\nMEDQ were a local government; and\nthe authorised employee or agent were an employee or agent of a local government; and\na reference to the local government were a reference to MEDQ; and\na reference to an employee or agent of the local government were a reference to an authorised employee or agent of MEDQ; and\na reference in the sections to any of the following were a reference to the performance of MEDQ’s functions or the exercise of its powers—\nthe exercise of the jurisdiction of local government;\nthe exercise of a power under a local government Act;\nthe exercise of the local government’s jurisdiction;\nlocal government purposes; and\na reference to the local government’s facilities on the land were a reference to MEDQ’s facilities on the land.\nHowever, if the occupier of the land or structure is present at the place, before entering the place, an authorised employee or agent of MEDQ must do, or make a reasonable attempt to do, the following things—\nidentify himself or herself to the occupier, by complying with section 31 ;\ntell the occupier the purpose of the entry;\nseek the consent of the occupier to the entry;\ntell the occupier the employee or agent is permitted under this Act to enter the place without the occupier’s consent.\nIf the occupier is not present, the employee or agent must take reasonable steps to advise the occupier of the employee’s or agent’s intention to enter the place.\nSubsections (3) and (4) do not require the employee or agent to take a step that the employee or agent reasonably believes may frustrate or otherwise hinder the purposes of the entry.\nIn this section—\nauthorised employee or agent , of MEDQ, means an EDQ employee or MEDQ agent whom MEDQ authorises to exercise powers under this section.\nlocal government entry powers provisions means—\nfor land outside the City of Brisbane—the Local Government Act 2009 , sections 144 , 146 and 147 ; or\nfor land in the City of Brisbane—the City of Brisbane Act 2010 , sections 134 , 136 and 137 .\nlot see the Planning Act , schedule 2 .\ns 123 amd 2016 No. 17 s 121 ; 2016 No. 27 s 193 ; 2019 No. 11 s 103 ; 2024 No. 32 s 43\n(sec.123-ssec.1) This section applies to— land in, or a structure on, a priority development area or a lot adjoining the priority development area; or land or a structure the subject of PDA-associated development for a priority development area or a lot adjoining the land or structure.\n(sec.123-ssec.2) The local government entry powers provisions apply to MEDQ and each authorised employee or agent of MEDQ as if— MEDQ were a local government; and the authorised employee or agent were an employee or agent of a local government; and a reference to the local government were a reference to MEDQ; and a reference to an employee or agent of the local government were a reference to an authorised employee or agent of MEDQ; and a reference in the sections to any of the following were a reference to the performance of MEDQ’s functions or the exercise of its powers— the exercise of the jurisdiction of local government; the exercise of a power under a local government Act; the exercise of the local government’s jurisdiction; local government purposes; and a reference to the local government’s facilities on the land were a reference to MEDQ’s facilities on the land.\n(sec.123-ssec.3) However, if the occupier of the land or structure is present at the place, before entering the place, an authorised employee or agent of MEDQ must do, or make a reasonable attempt to do, the following things— identify himself or herself to the occupier, by complying with section 31 ; tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier the employee or agent is permitted under this Act to enter the place without the occupier’s consent.\n(sec.123-ssec.4) If the occupier is not present, the employee or agent must take reasonable steps to advise the occupier of the employee’s or agent’s intention to enter the place.\n(sec.123-ssec.5) Subsections (3) and (4) do not require the employee or agent to take a step that the employee or agent reasonably believes may frustrate or otherwise hinder the purposes of the entry.\n(sec.123-ssec.6) In this section— authorised employee or agent , of MEDQ, means an EDQ employee or MEDQ agent whom MEDQ authorises to exercise powers under this section. local government entry powers provisions means— for land outside the City of Brisbane—the Local Government Act 2009 , sections 144 , 146 and 147 ; or for land in the City of Brisbane—the City of Brisbane Act 2010 , sections 134 , 136 and 137 . lot see the Planning Act , schedule 2 .\n- (a) land in, or a structure on, a priority development area or a lot adjoining the priority development area; or\n- (b) land or a structure the subject of PDA-associated development for a priority development area or a lot adjoining the land or structure.\n- (a) MEDQ were a local government; and\n- (b) the authorised employee or agent were an employee or agent of a local government; and\n- (c) a reference to the local government were a reference to MEDQ; and\n- (d) a reference to an employee or agent of the local government were a reference to an authorised employee or agent of MEDQ; and\n- (e) a reference in the sections to any of the following were a reference to the performance of MEDQ’s functions or the exercise of its powers— (i) the exercise of the jurisdiction of local government; (ii) the exercise of a power under a local government Act; (iii) the exercise of the local government’s jurisdiction; (iv) local government purposes; and\n- (i) the exercise of the jurisdiction of local government;\n- (ii) the exercise of a power under a local government Act;\n- (iii) the exercise of the local government’s jurisdiction;\n- (iv) local government purposes; and\n- (f) a reference to the local government’s facilities on the land were a reference to MEDQ’s facilities on the land.\n- (i) the exercise of the jurisdiction of local government;\n- (ii) the exercise of a power under a local government Act;\n- (iii) the exercise of the local government’s jurisdiction;\n- (iv) local government purposes; and\n- (a) identify himself or herself to the occupier, by complying with section 31 ;\n- (b) tell the occupier the purpose of the entry;\n- (c) seek the consent of the occupier to the entry;\n- (d) tell the occupier the employee or agent is permitted under this Act to enter the place without the occupier’s consent.\n- (a) for land outside the City of Brisbane—the Local Government Act 2009 , sections 144 , 146 and 147 ; or\n- (b) for land in the City of Brisbane—the City of Brisbane Act 2010 , sections 134 , 136 and 137 .","sortOrder":390},{"sectionNumber":"sec.123A","sectionType":"section","heading":"Powers to remedy contravention of enforcement notice","content":"### sec.123A Powers to remedy contravention of enforcement notice\n\nThis section applies if a person fails to comply with an enforcement notice given to the person by MEDQ under the Planning Act , chapter 5 , part 3 as applied by section 104A .\nAn authorised employee or agent may—\nenter the relevant land without the permission of the occupier; and\ntake the action that is required under the enforcement notice.\nAt least 7 days before entering the relevant land, the authorised employee or agent (or another EDQ employee or MEDQ agent) must give any occupier of the relevant land a notice stating—\nthat an authorised employee or agent proposes to enter the relevant land; and\nthe reason for the proposed entry; and\nthe day and time of the proposed entry.\nIf the occupier of the relevant land is present, the authorised employee or agent must do, or make a reasonable attempt to do, the following things before entering the relevant land—\nidentify themself to the occupier by complying with section 32ZY ;\ntell the occupier the purpose of the entry;\nseek the consent of the occupier to the entry;\ntell the occupier that the authorised employee or agent is permitted under this Act to enter the place without the occupier’s consent and take the action required under the enforcement notice.\nMEDQ may recover the amount that MEDQ properly and reasonably incurs in taking the action as a debt payable by the person who failed to take the action.\nIn this section—\nauthorised employee or agent means an EDQ employee or MEDQ agent who has, under section 32ZX , been issued with an identity card that is still in force.\nrelevant land , in relation to an enforcement notice—\nmeans the premises where the action is required to be taken under the enforcement notice; and\ndoes not include a home.\nSee also the Planning Act , section 173 , as it applies under section 104A of this Act.\ns 123A ins 2024 No. 32 s 44\n(sec.123A-ssec.1) This section applies if a person fails to comply with an enforcement notice given to the person by MEDQ under the Planning Act , chapter 5 , part 3 as applied by section 104A .\n(sec.123A-ssec.2) An authorised employee or agent may— enter the relevant land without the permission of the occupier; and take the action that is required under the enforcement notice.\n(sec.123A-ssec.3) At least 7 days before entering the relevant land, the authorised employee or agent (or another EDQ employee or MEDQ agent) must give any occupier of the relevant land a notice stating— that an authorised employee or agent proposes to enter the relevant land; and the reason for the proposed entry; and the day and time of the proposed entry.\n(sec.123A-ssec.4) If the occupier of the relevant land is present, the authorised employee or agent must do, or make a reasonable attempt to do, the following things before entering the relevant land— identify themself to the occupier by complying with section 32ZY ; tell the occupier the purpose of the entry; seek the consent of the occupier to the entry; tell the occupier that the authorised employee or agent is permitted under this Act to enter the place without the occupier’s consent and take the action required under the enforcement notice.\n(sec.123A-ssec.5) MEDQ may recover the amount that MEDQ properly and reasonably incurs in taking the action as a debt payable by the person who failed to take the action.\n(sec.123A-ssec.6) In this section— authorised employee or agent means an EDQ employee or MEDQ agent who has, under section 32ZX , been issued with an identity card that is still in force. relevant land , in relation to an enforcement notice— means the premises where the action is required to be taken under the enforcement notice; and does not include a home. See also the Planning Act , section 173 , as it applies under section 104A of this Act.\n- (a) enter the relevant land without the permission of the occupier; and\n- (b) take the action that is required under the enforcement notice.\n- (a) that an authorised employee or agent proposes to enter the relevant land; and\n- (b) the reason for the proposed entry; and\n- (c) the day and time of the proposed entry.\n- (a) identify themself to the occupier by complying with section 32ZY ;\n- (b) tell the occupier the purpose of the entry;\n- (c) seek the consent of the occupier to the entry;\n- (d) tell the occupier that the authorised employee or agent is permitted under this Act to enter the place without the occupier’s consent and take the action required under the enforcement notice.\n- (a) means the premises where the action is required to be taken under the enforcement notice; and\n- (b) does not include a home.","sortOrder":391},{"sectionNumber":"sec.124","sectionType":"section","heading":"Roads and road closures","content":"### sec.124 Roads and road closures\n\nMEDQ may perform functions or exercise powers for a road that MEDQ considers necessary or desirable to perform its other functions in relation to—\na priority development area; or\nPDA-associated development for a priority development area.\nWithout limiting subsection (1) , MEDQ may, by gazette notice, permanently or temporarily close all or part of a road.\nBefore the closing of the road takes effect, MEDQ must publish a notice MEDQ considers appropriate about the closure in a newspaper circulating in the relevant local government area.\nFailure to comply with subsection (3) does not invalidate the closure.\nMEDQ may do everything necessary to stop traffic using a road or part of a road closed under this section.\nTo remove any doubt, it is declared that this section applies—\nwhether or not a road is a State-controlled road under the Transport Infrastructure Act 1994 ; and\nwhether or not the Land Act 1994 applies to a road.\ns 124 amd 2016 No. 17 s 122\n(sec.124-ssec.1) MEDQ may perform functions or exercise powers for a road that MEDQ considers necessary or desirable to perform its other functions in relation to— a priority development area; or PDA-associated development for a priority development area.\n(sec.124-ssec.2) Without limiting subsection (1) , MEDQ may, by gazette notice, permanently or temporarily close all or part of a road.\n(sec.124-ssec.3) Before the closing of the road takes effect, MEDQ must publish a notice MEDQ considers appropriate about the closure in a newspaper circulating in the relevant local government area.\n(sec.124-ssec.4) Failure to comply with subsection (3) does not invalidate the closure.\n(sec.124-ssec.5) MEDQ may do everything necessary to stop traffic using a road or part of a road closed under this section.\n(sec.124-ssec.6) To remove any doubt, it is declared that this section applies— whether or not a road is a State-controlled road under the Transport Infrastructure Act 1994 ; and whether or not the Land Act 1994 applies to a road.\n- (a) a priority development area; or\n- (b) PDA-associated development for a priority development area.\n- (a) whether or not a road is a State-controlled road under the Transport Infrastructure Act 1994 ; and\n- (b) whether or not the Land Act 1994 applies to a road.","sortOrder":392},{"sectionNumber":"sec.125","sectionType":"section","heading":"Vesting land in permanently closed road or unallocated State land in MEDQ","content":"### sec.125 Vesting land in permanently closed road or unallocated State land in MEDQ\n\nMEDQ may, by gazette notice, declare any of the following is vested in MEDQ, in fee simple—\nany land that comprised a road under the Land Act 1994 that has been permanently closed under section 124 ;\nunallocated State land in a priority development area.\nThe chief executive of the department in which the Land Act 1994 is administered must, under that Act, register the vesting if MEDQ lodges in the land registry under that Act—\na request under that Act to register the vesting; and\nif that chief executive so requires—a plan of subdivision under that Act for the land the subject of the vesting; and\na copy of the gazette notice.\nOn the registration of the request to vest, the Governor in Council may issue to MEDQ a deed of grant under the Land Act 1994 for the land the subject of the vesting.\nDespite the Land Act 1994 and the Land Title Act 1994 , no fee is payable by MEDQ in relation to the registration of the vesting or to give effect to it.\n(sec.125-ssec.1) MEDQ may, by gazette notice, declare any of the following is vested in MEDQ, in fee simple— any land that comprised a road under the Land Act 1994 that has been permanently closed under section 124 ; unallocated State land in a priority development area.\n(sec.125-ssec.2) The chief executive of the department in which the Land Act 1994 is administered must, under that Act, register the vesting if MEDQ lodges in the land registry under that Act— a request under that Act to register the vesting; and if that chief executive so requires—a plan of subdivision under that Act for the land the subject of the vesting; and a copy of the gazette notice.\n(sec.125-ssec.3) On the registration of the request to vest, the Governor in Council may issue to MEDQ a deed of grant under the Land Act 1994 for the land the subject of the vesting.\n(sec.125-ssec.4) Despite the Land Act 1994 and the Land Title Act 1994 , no fee is payable by MEDQ in relation to the registration of the vesting or to give effect to it.\n- (a) any land that comprised a road under the Land Act 1994 that has been permanently closed under section 124 ;\n- (b) unallocated State land in a priority development area.\n- (a) a request under that Act to register the vesting; and\n- (b) if that chief executive so requires—a plan of subdivision under that Act for the land the subject of the vesting; and\n- (c) a copy of the gazette notice.","sortOrder":393},{"sectionNumber":"sec.126","sectionType":"section","heading":"Giving information about roads to relevant local government","content":"### sec.126 Giving information about roads to relevant local government\n\nThis section applies if, under this chapter, MEDQ performs a function or exercises a power relating to a road or former road.\nMEDQ must give the relevant local government the information MEDQ has to allow the local government to comply with its obligation for its map and register of roads under the Local Government Act 2009 , section 74 or, for the Brisbane City Council, the City of Brisbane Act 2010 , section 81 .\ns 126 amd 2016 No. 17 s 123\n(sec.126-ssec.1) This section applies if, under this chapter, MEDQ performs a function or exercises a power relating to a road or former road.\n(sec.126-ssec.2) MEDQ must give the relevant local government the information MEDQ has to allow the local government to comply with its obligation for its map and register of roads under the Local Government Act 2009 , section 74 or, for the Brisbane City Council, the City of Brisbane Act 2010 , section 81 .","sortOrder":394},{"sectionNumber":"sec.126A","sectionType":"section","heading":"Direction to particular entities to provide information","content":"### sec.126A Direction to particular entities to provide information\n\nThis section applies in relation to the following entities—\na distributor-retailer;\na government entity;\na local government.\nMEDQ may give a written direction to the entity to give stated information to MEDQ by a stated time and in a stated way.\nHowever, the direction may be given only if MEDQ is satisfied it needs the information for the proper and orderly planning, development and management of a priority development area or PDA-associated land.\nThe entity must comply with the direction.\nIn this section—\ninformation includes a document.\ns 126A ins 2024 No. 32 s 45\n(sec.126A-ssec.1) This section applies in relation to the following entities— a distributor-retailer; a government entity; a local government.\n(sec.126A-ssec.2) MEDQ may give a written direction to the entity to give stated information to MEDQ by a stated time and in a stated way.\n(sec.126A-ssec.3) However, the direction may be given only if MEDQ is satisfied it needs the information for the proper and orderly planning, development and management of a priority development area or PDA-associated land.\n(sec.126A-ssec.4) The entity must comply with the direction.\n(sec.126A-ssec.5) In this section— information includes a document.\n- (a) a distributor-retailer;\n- (b) a government entity;\n- (c) a local government.","sortOrder":395},{"sectionNumber":"sec.127","sectionType":"section","heading":"Direction to particular entities to accept transfer","content":"### sec.127 Direction to particular entities to accept transfer\n\nThis section applies in relation to the following entities—\na distributor-retailer;\na government entity;\na local government.\nMEDQ may give a written direction to the entity to accept the transfer to it of—\nstated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ; or\na stated amount from the Fund for providing or maintaining infrastructure relating to stated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ.\nHowever, the direction may be given only if MEDQ is satisfied the transfer is reasonably necessary for the main purpose of this Act.\nAt least 20 business days before giving the direction, MEDQ must give written notice of the proposed transfer to the entity.\nIf the entity raises concerns or other issues relating to the proposed transfer and MEDQ proceeds with giving the direction, the direction must include an explanation of how the concerns or other issues have been considered.\nThe direction may include—\nconditions on which the transfer must be made; and\nparticular actions that the entity must take to give effect to the transfer.\nThe entity must do every thing reasonably necessary to comply with the direction.\nIf the entity is a local government, on the making of the transfer, the stated land is taken to be land that the local government holds on trust in fee simple to which the Planning Act , section 159 applies.\ns 127 amd 2014 No. 40 s 20 ; 2016 No. 17 s 124 ; 2016 No. 27 s 194\nsub 2024 No. 32 s 46\n(sec.127-ssec.1) This section applies in relation to the following entities— a distributor-retailer; a government entity; a local government.\n(sec.127-ssec.2) MEDQ may give a written direction to the entity to accept the transfer to it of— stated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ; or a stated amount from the Fund for providing or maintaining infrastructure relating to stated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ.\n(sec.127-ssec.3) However, the direction may be given only if MEDQ is satisfied the transfer is reasonably necessary for the main purpose of this Act.\n(sec.127-ssec.4) At least 20 business days before giving the direction, MEDQ must give written notice of the proposed transfer to the entity.\n(sec.127-ssec.5) If the entity raises concerns or other issues relating to the proposed transfer and MEDQ proceeds with giving the direction, the direction must include an explanation of how the concerns or other issues have been considered.\n(sec.127-ssec.6) The direction may include— conditions on which the transfer must be made; and particular actions that the entity must take to give effect to the transfer.\n(sec.127-ssec.7) The entity must do every thing reasonably necessary to comply with the direction.\n(sec.127-ssec.8) If the entity is a local government, on the making of the transfer, the stated land is taken to be land that the local government holds on trust in fee simple to which the Planning Act , section 159 applies.\n- (a) a distributor-retailer;\n- (b) a government entity;\n- (c) a local government.\n- (a) stated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ; or\n- (b) a stated amount from the Fund for providing or maintaining infrastructure relating to stated land in a priority development area, or stated PDA-associated land for a priority development area, owned by MEDQ.\n- (a) conditions on which the transfer must be made; and\n- (b) particular actions that the entity must take to give effect to the transfer.","sortOrder":396},{"sectionNumber":"sec.128","sectionType":"section","heading":"Direction to particular entities to provide or maintain infrastructure","content":"### sec.128 Direction to particular entities to provide or maintain infrastructure\n\nThis section applies in relation to the following entities—\na distributor-retailer;\na government entity;\na local government.\nMEDQ may give a written direction to the entity to provide or maintain stated infrastructure—\nin, or relating to, a stated priority development area; or\non, or related to, PDA-associated land.\nHowever, the direction may be given only if—\nMEDQ is satisfied the provision or maintenance of the infrastructure by the entity is necessary for the proper and orderly planning, development and management of the priority development area or PDA-associated land; and\nMEDQ has taken reasonable steps to secure the provision or maintenance of the infrastructure by agreement with the entity.\nAt least 20 business days before giving the direction, MEDQ must give written notice of the proposed direction to the entity.\nIf the entity raises concerns or other issues relating to the proposed provision or maintenance of the infrastructure and MEDQ proceeds with giving the direction, the direction must include an explanation of how the concerns or other issues have been considered.\nThe direction may include—\nconditions on which the provision or maintenance of the infrastructure must be carried out; and\nparticular actions that the entity must take to give effect to the provision or maintenance of the infrastructure.\nThe entity must comply with the direction.\nIf a thing required to be done under the direction would, apart from this section, require a water approval, the thing may be done without a water approval.\nSubsections (7) and (8) apply despite any other Act or law.\ns 128 sub 2024 No. 32 s 46\n(sec.128-ssec.1) This section applies in relation to the following entities— a distributor-retailer; a government entity; a local government.\n(sec.128-ssec.2) MEDQ may give a written direction to the entity to provide or maintain stated infrastructure— in, or relating to, a stated priority development area; or on, or related to, PDA-associated land.\n(sec.128-ssec.3) However, the direction may be given only if— MEDQ is satisfied the provision or maintenance of the infrastructure by the entity is necessary for the proper and orderly planning, development and management of the priority development area or PDA-associated land; and MEDQ has taken reasonable steps to secure the provision or maintenance of the infrastructure by agreement with the entity.\n(sec.128-ssec.4) At least 20 business days before giving the direction, MEDQ must give written notice of the proposed direction to the entity.\n(sec.128-ssec.5) If the entity raises concerns or other issues relating to the proposed provision or maintenance of the infrastructure and MEDQ proceeds with giving the direction, the direction must include an explanation of how the concerns or other issues have been considered.\n(sec.128-ssec.6) The direction may include— conditions on which the provision or maintenance of the infrastructure must be carried out; and particular actions that the entity must take to give effect to the provision or maintenance of the infrastructure.\n(sec.128-ssec.7) The entity must comply with the direction.\n(sec.128-ssec.8) If a thing required to be done under the direction would, apart from this section, require a water approval, the thing may be done without a water approval.\n(sec.128-ssec.9) Subsections (7) and (8) apply despite any other Act or law.\n- (a) a distributor-retailer;\n- (b) a government entity;\n- (c) a local government.\n- (a) in, or relating to, a stated priority development area; or\n- (b) on, or related to, PDA-associated land.\n- (a) MEDQ is satisfied the provision or maintenance of the infrastructure by the entity is necessary for the proper and orderly planning, development and management of the priority development area or PDA-associated land; and\n- (b) MEDQ has taken reasonable steps to secure the provision or maintenance of the infrastructure by agreement with the entity.\n- (a) conditions on which the provision or maintenance of the infrastructure must be carried out; and\n- (b) particular actions that the entity must take to give effect to the provision or maintenance of the infrastructure.","sortOrder":397},{"sectionNumber":"ch.3-pt.9","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":398},{"sectionNumber":"sec.129","sectionType":"section","heading":"Application fees","content":"### sec.129 Application fees\n\nThis section applies if MEDQ is deciding the fee for an application under this chapter.\nThe fee can not be more than the actual cost of considering and processing the application.\nHowever, for the following applications the fee may also include a reasonable component to recover MEDQ’s associated planning and regulatory costs—\na PDA development application;\nan amendment application;\nan application for an approval mentioned in section 104 .\nIn this section—\nassociated planning and regulatory costs means—\ncosts of making or amending the relevant development instrument; and\ncosts associated with the proper and orderly planning, development and management of the priority development area or PDA-associated land.\ns 129 amd 2019 No. 11 s 231 s ch 1 pt 1 ; 2024 No. 32 s 47\n(sec.129-ssec.1) This section applies if MEDQ is deciding the fee for an application under this chapter.\n(sec.129-ssec.2) The fee can not be more than the actual cost of considering and processing the application.\n(sec.129-ssec.3) However, for the following applications the fee may also include a reasonable component to recover MEDQ’s associated planning and regulatory costs— a PDA development application; an amendment application; an application for an approval mentioned in section 104 .\n(sec.129-ssec.4) In this section— associated planning and regulatory costs means— costs of making or amending the relevant development instrument; and costs associated with the proper and orderly planning, development and management of the priority development area or PDA-associated land.\n- (a) a PDA development application;\n- (b) an amendment application;\n- (c) an application for an approval mentioned in section 104 .\n- (a) costs of making or amending the relevant development instrument; and\n- (b) costs associated with the proper and orderly planning, development and management of the priority development area or PDA-associated land.","sortOrder":399},{"sectionNumber":"sec.129A","sectionType":"section","heading":"Refunding and waiving fees","content":"### sec.129A Refunding and waiving fees\n\nMEDQ may, but need not—\nrefund all or part of a required fee; or\nwaive all or part of a required fee.\nIn this section—\nrequired fee means a fee required to be paid for an application under this chapter.\ns 129A ins 2019 No. 11 s 104\n(sec.129A-ssec.1) MEDQ may, but need not— refund all or part of a required fee; or waive all or part of a required fee.\n(sec.129A-ssec.2) In this section— required fee means a fee required to be paid for an application under this chapter.\n- (a) refund all or part of a required fee; or\n- (b) waive all or part of a required fee.","sortOrder":400},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Economic Development Board","content":"# Economic Development Board","sortOrder":401},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Establishment and functions","content":"## Establishment and functions","sortOrder":402},{"sectionNumber":"sec.130","sectionType":"section","heading":"Establishment","content":"### sec.130 Establishment\n\nThe Economic Development Board is established.","sortOrder":403},{"sectionNumber":"sec.131","sectionType":"section","heading":"Board’s functions","content":"### sec.131 Board’s functions\n\nThe board has the following functions—\nto decide the objectives, strategies and policies to be followed by MEDQ;\nto ensure MEDQ substantially complies with its strategic plan and operational plan under the Financial Accountability Act 2009 for a financial year;\nto perform the functions of MEDQ that are—\nidentified in a document mentioned in paragraph (b) ; and\ndelegated by MEDQ to the board under section 169 (1) (c) ;\nto ensure MEDQ adopts best practice corporate governance, financial management and accountability arrangements;\nto monitor, and report to MEDQ about, the performance of MEDQ’s functions and the exercise of MEDQ’s powers;\nto ensure MEDQ complies with its obligations under this Act or another law.\nThe board also has any other function given to the board under this Act or another Act.\ns 131 sub 2024 No. 32 s 49\n(sec.131-ssec.1) The board has the following functions— to decide the objectives, strategies and policies to be followed by MEDQ; to ensure MEDQ substantially complies with its strategic plan and operational plan under the Financial Accountability Act 2009 for a financial year; to perform the functions of MEDQ that are— identified in a document mentioned in paragraph (b) ; and delegated by MEDQ to the board under section 169 (1) (c) ; to ensure MEDQ adopts best practice corporate governance, financial management and accountability arrangements; to monitor, and report to MEDQ about, the performance of MEDQ’s functions and the exercise of MEDQ’s powers; to ensure MEDQ complies with its obligations under this Act or another law.\n(sec.131-ssec.2) The board also has any other function given to the board under this Act or another Act.\n- (a) to decide the objectives, strategies and policies to be followed by MEDQ;\n- (b) to ensure MEDQ substantially complies with its strategic plan and operational plan under the Financial Accountability Act 2009 for a financial year;\n- (c) to perform the functions of MEDQ that are— (i) identified in a document mentioned in paragraph (b) ; and (ii) delegated by MEDQ to the board under section 169 (1) (c) ;\n- (i) identified in a document mentioned in paragraph (b) ; and\n- (ii) delegated by MEDQ to the board under section 169 (1) (c) ;\n- (d) to ensure MEDQ adopts best practice corporate governance, financial management and accountability arrangements;\n- (e) to monitor, and report to MEDQ about, the performance of MEDQ’s functions and the exercise of MEDQ’s powers;\n- (f) to ensure MEDQ complies with its obligations under this Act or another law.\n- (i) identified in a document mentioned in paragraph (b) ; and\n- (ii) delegated by MEDQ to the board under section 169 (1) (c) ;","sortOrder":404},{"sectionNumber":"sec.131A","sectionType":"section","heading":"Board’s powers","content":"### sec.131A Board’s powers\n\nThe board has the power to do anything necessary or convenient to be done for the performance of the board’s functions.\nThe board also has the powers given to the board under this Act or another Act.\ns 131A ins 2024 No. 32 s 49\n(sec.131A-ssec.1) The board has the power to do anything necessary or convenient to be done for the performance of the board’s functions.\n(sec.131A-ssec.2) The board also has the powers given to the board under this Act or another Act.","sortOrder":405},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":406},{"sectionNumber":"sec.132","sectionType":"section","heading":"Membership of the board","content":"### sec.132 Membership of the board\n\nThe board consists of the following persons (each a board member )—\nthe chief executive of the department;\nthe under-Treasurer;\nat least 3 but not more than 6 other members appointed by the Governor in Council.\nA person is eligible for appointment under subsection (1) (c) only if the person—\nhas extensive knowledge of and experience in 1 or more of the following—\nlocal government;\nland use planning;\nsocial policy or community development;\nlaw, economics or accounting;\nthe construction or development industries;\nnatural resource and environmental management;\nbusiness or financial management; or\nhas other knowledge and experience the Governor in Council considers appropriate.\nThe CEO, or executive officer of the EDQ employing office, is not eligible for appointment under subsection (1) (c) .\nA member appointed under subsection (1) (c) may be appointed on a full-time or part-time basis.\nA member appointed under subsection (1) (c) is appointed under this Act and not the Public Sector Act 2022 .\nIn this section—\ntreasury department means the department in which the Financial Accountability Act 2009 is administered.\nunder-Treasurer means the chief executive of the treasury department.\ns 132 amd 2022 No. 34 s 365 sch 3 ; 2024 No. 32 s 50\n(sec.132-ssec.1) The board consists of the following persons (each a board member )— the chief executive of the department; the under-Treasurer; at least 3 but not more than 6 other members appointed by the Governor in Council.\n(sec.132-ssec.2) A person is eligible for appointment under subsection (1) (c) only if the person— has extensive knowledge of and experience in 1 or more of the following— local government; land use planning; social policy or community development; law, economics or accounting; the construction or development industries; natural resource and environmental management; business or financial management; or has other knowledge and experience the Governor in Council considers appropriate.\n(sec.132-ssec.3) The CEO, or executive officer of the EDQ employing office, is not eligible for appointment under subsection (1) (c) .\n(sec.132-ssec.4) A member appointed under subsection (1) (c) may be appointed on a full-time or part-time basis.\n(sec.132-ssec.5) A member appointed under subsection (1) (c) is appointed under this Act and not the Public Sector Act 2022 .\n(sec.132-ssec.6) In this section— treasury department means the department in which the Financial Accountability Act 2009 is administered. under-Treasurer means the chief executive of the treasury department.\n- (a) the chief executive of the department;\n- (b) the under-Treasurer;\n- (c) at least 3 but not more than 6 other members appointed by the Governor in Council.\n- (a) has extensive knowledge of and experience in 1 or more of the following— (i) local government; (ii) land use planning; (iii) social policy or community development; (iv) law, economics or accounting; (v) the construction or development industries; (vi) natural resource and environmental management; (vii) business or financial management; or\n- (i) local government;\n- (ii) land use planning;\n- (iii) social policy or community development;\n- (iv) law, economics or accounting;\n- (v) the construction or development industries;\n- (vi) natural resource and environmental management;\n- (vii) business or financial management; or\n- (b) has other knowledge and experience the Governor in Council considers appropriate.\n- (i) local government;\n- (ii) land use planning;\n- (iii) social policy or community development;\n- (iv) law, economics or accounting;\n- (v) the construction or development industries;\n- (vi) natural resource and environmental management;\n- (vii) business or financial management; or","sortOrder":407},{"sectionNumber":"sec.133","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.133 Chairperson and deputy chairperson\n\nThe Governor in Council may appoint—\na board member to be the chairperson of the board; and\nanother board member to be the deputy chairperson of the board.\nA board member may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a board member.\nA person holds office as chairperson or deputy chairperson for the term, ending not later than the person’s term of appointment as a board member, stated in the person’s appointment as chairperson or deputy chairperson.\nThe deputy chairperson must act as chairperson—\nduring a vacancy in the office of chairperson; and\nduring all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.\nA member chosen by a majority of the members of the board present must act as chairperson—\nduring a vacancy in both the office of the chairperson and office of the deputy chairperson; and\nduring all periods when both the chairperson and deputy chairperson are absent from duty or for another reason can not perform the duties of the office.\ns 133 sub 2024 No. 32 s 51\n(sec.133-ssec.1) The Governor in Council may appoint— a board member to be the chairperson of the board; and another board member to be the deputy chairperson of the board.\n(sec.133-ssec.2) A board member may be appointed as the chairperson or deputy chairperson at the same time the person is appointed as a board member.\n(sec.133-ssec.3) A person holds office as chairperson or deputy chairperson for the term, ending not later than the person’s term of appointment as a board member, stated in the person’s appointment as chairperson or deputy chairperson.\n(sec.133-ssec.4) The deputy chairperson must act as chairperson— during a vacancy in the office of chairperson; and during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.\n(sec.133-ssec.5) A member chosen by a majority of the members of the board present must act as chairperson— during a vacancy in both the office of the chairperson and office of the deputy chairperson; and during all periods when both the chairperson and deputy chairperson are absent from duty or for another reason can not perform the duties of the office.\n- (a) a board member to be the chairperson of the board; and\n- (b) another board member to be the deputy chairperson of the board.\n- (a) during a vacancy in the office of chairperson; and\n- (b) during all periods when the chairperson is absent from duty or for another reason can not perform the duties of the office.\n- (a) during a vacancy in both the office of the chairperson and office of the deputy chairperson; and\n- (b) during all periods when both the chairperson and deputy chairperson are absent from duty or for another reason can not perform the duties of the office.","sortOrder":408},{"sectionNumber":"sec.134","sectionType":"section","heading":"Terms and conditions of appointment and vacancy in office","content":"### sec.134 Terms and conditions of appointment and vacancy in office\n\nSubject to subsections (5) and (6) , an appointed board member holds office for the term stated in the member’s instrument of appointment.\nThe term stated in the instrument of appointment must not be more than 4 years.\nAn appointed board member is to be paid the remuneration and allowances decided by the Governor in Council.\nAn appointed board member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\nAn appointed board member may resign by signed notice given to MEDQ.\nThe Governor in Council may, at any time, remove an appointed board member from office.\nIn this section—\nappointed board member means a board member appointed under section 132 (1) (c) .\ns 134 amd 2023 No. 23 s 247 sch 1 s 2 (2) ; 2024 No. 32 s 52 ; 2025 No. 14 s 41\n(sec.134-ssec.1) Subject to subsections (5) and (6) , an appointed board member holds office for the term stated in the member’s instrument of appointment.\n(sec.134-ssec.2) The term stated in the instrument of appointment must not be more than 4 years.\n(sec.134-ssec.3) An appointed board member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.134-ssec.4) An appointed board member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.\n(sec.134-ssec.5) An appointed board member may resign by signed notice given to MEDQ.\n(sec.134-ssec.6) The Governor in Council may, at any time, remove an appointed board member from office.\n(sec.134-ssec.7) In this section— appointed board member means a board member appointed under section 132 (1) (c) .","sortOrder":409},{"sectionNumber":"sec.135","sectionType":"section","heading":"Disclosure of interests at board meetings","content":"### sec.135 Disclosure of interests at board meetings\n\nThis section applies to a board member if—\na matter is being considered, or is about to be considered, at a board meeting; and\nthe board member has a material personal interest in the matter; and\nthe material personal interest could conflict with the proper performance of the board member’s duties in relation to the consideration of the matter.\nFor subsection (1) , a board member has a material personal interest in a matter if any of the following entities stands to gain a benefit or suffer a loss (either directly or indirectly) because of the outcome of the consideration of the matter—\nthe board member;\nthe board member’s spouse;\na parent, child or sibling of the board member;\nan employer, other than a government entity, of the board member;\nan entity, other than a government entity, of which the board member is an office holder.\nAs soon as practicable after the relevant facts come to the knowledge of the board member, the board member must disclose the nature of the material personal interest to the other board members at the meeting.\nThe board member may further participate in the meeting only if a majority of the other board members at the meeting vote in favour of the board member’s further participation.\nHowever, the board member may not participate in any vote on the matter at the meeting.\nA disclosure under subsection (3) must be recorded in the minutes of the meeting.\nA failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the board.\ns 135 sub 2024 No. 32 s 53\n(sec.135-ssec.1) This section applies to a board member if— a matter is being considered, or is about to be considered, at a board meeting; and the board member has a material personal interest in the matter; and the material personal interest could conflict with the proper performance of the board member’s duties in relation to the consideration of the matter.\n(sec.135-ssec.2) For subsection (1) , a board member has a material personal interest in a matter if any of the following entities stands to gain a benefit or suffer a loss (either directly or indirectly) because of the outcome of the consideration of the matter— the board member; the board member’s spouse; a parent, child or sibling of the board member; an employer, other than a government entity, of the board member; an entity, other than a government entity, of which the board member is an office holder.\n(sec.135-ssec.3) As soon as practicable after the relevant facts come to the knowledge of the board member, the board member must disclose the nature of the material personal interest to the other board members at the meeting.\n(sec.135-ssec.4) The board member may further participate in the meeting only if a majority of the other board members at the meeting vote in favour of the board member’s further participation.\n(sec.135-ssec.5) However, the board member may not participate in any vote on the matter at the meeting.\n(sec.135-ssec.6) A disclosure under subsection (3) must be recorded in the minutes of the meeting.\n(sec.135-ssec.7) A failure to make a disclosure under subsection (3) does not, of itself, invalidate a decision of the board.\n- (a) a matter is being considered, or is about to be considered, at a board meeting; and\n- (b) the board member has a material personal interest in the matter; and\n- (c) the material personal interest could conflict with the proper performance of the board member’s duties in relation to the consideration of the matter.\n- (a) the board member;\n- (b) the board member’s spouse;\n- (c) a parent, child or sibling of the board member;\n- (d) an employer, other than a government entity, of the board member;\n- (e) an entity, other than a government entity, of which the board member is an office holder.","sortOrder":410},{"sectionNumber":"ch.4-pt.1-div.3","sectionType":"division","heading":"Meetings and other business of the board","content":"## Meetings and other business of the board","sortOrder":411},{"sectionNumber":"sec.136","sectionType":"section","heading":"Conduct of business","content":"### sec.136 Conduct of business\n\nSubject to this division, the board may conduct its business, including its meetings, in the way it considers appropriate.","sortOrder":412},{"sectionNumber":"sec.137","sectionType":"section","heading":"Board meetings","content":"### sec.137 Board meetings\n\nThe chairperson may convene a meeting of the board members.\nThe chairperson must convene a board meeting—\nat least 6 times each year; and\nif asked, in writing, by—\nat least half of the board members for the time being; or\nthe Minister.\ns 137 sub 2024 No. 32 s 54\n(sec.137-ssec.1) The chairperson may convene a meeting of the board members.\n(sec.137-ssec.2) The chairperson must convene a board meeting— at least 6 times each year; and if asked, in writing, by— at least half of the board members for the time being; or the Minister.\n- (a) at least 6 times each year; and\n- (b) if asked, in writing, by— (i) at least half of the board members for the time being; or (ii) the Minister.\n- (i) at least half of the board members for the time being; or\n- (ii) the Minister.\n- (i) at least half of the board members for the time being; or\n- (ii) the Minister.","sortOrder":413},{"sectionNumber":"sec.138","sectionType":"section","heading":"Quorum at board meetings","content":"### sec.138 Quorum at board meetings\n\nA quorum for a board meeting is a majority of the board members for the time being.\nHowever, the majority under subsection (1) must include a board member mentioned in section 132 (1) (a) or (b) .\nAlso, if at a board meeting a board member present at the meeting is required under section 135 not to be present during deliberations, or not to take part in any decision, of the board for a particular matter, the remaining board members present at the meeting constitute a quorum for the meeting.\ns 138 sub 2024 No. 32 s 54\n(sec.138-ssec.1) A quorum for a board meeting is a majority of the board members for the time being.\n(sec.138-ssec.2) However, the majority under subsection (1) must include a board member mentioned in section 132 (1) (a) or (b) .\n(sec.138-ssec.3) Also, if at a board meeting a board member present at the meeting is required under section 135 not to be present during deliberations, or not to take part in any decision, of the board for a particular matter, the remaining board members present at the meeting constitute a quorum for the meeting.","sortOrder":414},{"sectionNumber":"sec.139","sectionType":"section","heading":"Attendance by proxy—particular board members","content":"### sec.139 Attendance by proxy—particular board members\n\nA board member mentioned in section 132 (1) (a) or (b) may attend a meeting of the board by proxy.\nThe proxy holder—\nmay participate in the meeting, and vote, on the board member’s behalf; and\nis to be counted for the purpose of deciding whether a quorum is present under section 138 .\ns 139 prev s 139 om 2024 No. 32 s 55\npres s 139 ins 2025 No. 14 s 42\n(sec.139-ssec.1) A board member mentioned in section 132 (1) (a) or (b) may attend a meeting of the board by proxy.\n(sec.139-ssec.2) The proxy holder— may participate in the meeting, and vote, on the board member’s behalf; and is to be counted for the purpose of deciding whether a quorum is present under section 138 .\n- (a) may participate in the meeting, and vote, on the board member’s behalf; and\n- (b) is to be counted for the purpose of deciding whether a quorum is present under section 138 .","sortOrder":415},{"sectionNumber":"sec.140","sectionType":"section","heading":"Presiding at meetings","content":"### sec.140 Presiding at meetings\n\nThe chairperson is to preside at all board meetings at which the chairperson is present.\nIf the chairperson is not present, the deputy chairperson is to preside.\nIf the chairperson and deputy chairperson are both not present, the board member chosen by the board members present is to preside.\n(sec.140-ssec.1) The chairperson is to preside at all board meetings at which the chairperson is present.\n(sec.140-ssec.2) If the chairperson is not present, the deputy chairperson is to preside.\n(sec.140-ssec.3) If the chairperson and deputy chairperson are both not present, the board member chosen by the board members present is to preside.","sortOrder":416},{"sectionNumber":"sec.141","sectionType":"section","heading":"Conduct of meetings","content":"### sec.141 Conduct of meetings\n\nThe board may hold meetings, or allow board members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.\nA person who takes part in a board meeting under subsection (1) is taken to be present at the meeting.\nA decision at a board meeting must be a majority decision of the board members present.\nIf the votes of the board members present at the board meeting are equal, the member presiding has a casting vote.\n(sec.141-ssec.1) The board may hold meetings, or allow board members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.\n(sec.141-ssec.2) A person who takes part in a board meeting under subsection (1) is taken to be present at the meeting.\n(sec.141-ssec.3) A decision at a board meeting must be a majority decision of the board members present.\n(sec.141-ssec.4) If the votes of the board members present at the board meeting are equal, the member presiding has a casting vote.","sortOrder":417},{"sectionNumber":"sec.142","sectionType":"section","heading":"Decisions outside meetings","content":"### sec.142 Decisions outside meetings\n\nA decision of the board, other than a decision at a board meeting, may be made only with the written agreement of a majority of the board members.","sortOrder":418},{"sectionNumber":"sec.143","sectionType":"section","heading":"Minutes and record of decisions","content":"### sec.143 Minutes and record of decisions\n\nThe board must keep—\nminutes of its meetings; and\na record of any decisions under section 142 .\n- (a) minutes of its meetings; and\n- (b) a record of any decisions under section 142 .","sortOrder":419},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":420},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":null,"content":"","sortOrder":421},{"sectionNumber":"sec.144","sectionType":"section","heading":null,"content":"### Section sec.144\n\ns 144 om 2019 No. 11 s 65","sortOrder":422},{"sectionNumber":"sec.145","sectionType":"section","heading":null,"content":"### Section sec.145\n\ns 145 om 2019 No. 11 s 65","sortOrder":423},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":null,"content":"","sortOrder":424},{"sectionNumber":"sec.146","sectionType":"section","heading":null,"content":"### Section sec.146\n\ns 146 om 2019 No. 11 s 65","sortOrder":425},{"sectionNumber":"sec.147","sectionType":"section","heading":null,"content":"### Section sec.147\n\ns 147 om 2019 No. 11 s 65","sortOrder":426},{"sectionNumber":"sec.148","sectionType":"section","heading":null,"content":"### Section sec.148\n\ns 148 om 2019 No. 11 s 65","sortOrder":427},{"sectionNumber":"sec.149","sectionType":"section","heading":null,"content":"### Section sec.149\n\ns 149 om 2019 No. 11 s 65","sortOrder":428},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":null,"content":"","sortOrder":429},{"sectionNumber":"sec.150","sectionType":"section","heading":null,"content":"### Section sec.150\n\ns 150 om 2019 No. 11 s 65","sortOrder":430},{"sectionNumber":"sec.151","sectionType":"section","heading":null,"content":"### Section sec.151\n\ns 151 om 2019 No. 11 s 65","sortOrder":431},{"sectionNumber":"sec.152","sectionType":"section","heading":null,"content":"### Section sec.152\n\ns 152 om 2019 No. 11 s 65","sortOrder":432},{"sectionNumber":"sec.153","sectionType":"section","heading":null,"content":"### Section sec.153\n\ns 153 om 2019 No. 11 s 65","sortOrder":433},{"sectionNumber":"sec.154","sectionType":"section","heading":null,"content":"### Section sec.154\n\ns 154 om 2019 No. 11 s 65","sortOrder":434},{"sectionNumber":"sec.155","sectionType":"section","heading":null,"content":"### Section sec.155\n\ns 155 om 2019 No. 11 s 65","sortOrder":435},{"sectionNumber":"sec.156","sectionType":"section","heading":null,"content":"### Section sec.156\n\ns 156 om 2019 No. 11 s 65","sortOrder":436},{"sectionNumber":"sec.157","sectionType":"section","heading":null,"content":"### Section sec.157\n\ns 157 om 2019 No. 11 s 65","sortOrder":437},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":"Local representative committees","content":"# Local representative committees","sortOrder":438},{"sectionNumber":"sec.158","sectionType":"section","heading":"Establishment","content":"### sec.158 Establishment\n\nMEDQ may establish a committee (a local representative committee ) for an area to help MEDQ, or its delegates, perform MEDQ’s functions in the area.\nA local representative committee consists of the following persons appointed by MEDQ—\na board member;\nno more than 4 other persons who MEDQ considers can appropriately represent the interests of entities affected by development in the area, including, for example, a chief executive officer of a local government.\nA member of a local representative committee is appointed on the terms and conditions MEDQ considers appropriate, including terms about remuneration.\nA local representative committee may conduct its business, including its meetings, in the way it considers appropriate.\n(sec.158-ssec.1) MEDQ may establish a committee (a local representative committee ) for an area to help MEDQ, or its delegates, perform MEDQ’s functions in the area.\n(sec.158-ssec.2) A local representative committee consists of the following persons appointed by MEDQ— a board member; no more than 4 other persons who MEDQ considers can appropriately represent the interests of entities affected by development in the area, including, for example, a chief executive officer of a local government.\n(sec.158-ssec.3) A member of a local representative committee is appointed on the terms and conditions MEDQ considers appropriate, including terms about remuneration.\n(sec.158-ssec.4) A local representative committee may conduct its business, including its meetings, in the way it considers appropriate.\n- (a) a board member;\n- (b) no more than 4 other persons who MEDQ considers can appropriately represent the interests of entities affected by development in the area, including, for example, a chief executive officer of a local government.","sortOrder":439},{"sectionNumber":"sec.159","sectionType":"section","heading":"Functions","content":"### sec.159 Functions\n\nThe functions of a local representative committee for an area are—\nadvising, and making recommendations to, MEDQ and the board about—\nthe impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity; and\ncommunity needs and expectations in the area; and\nperforming the functions, and exercising the powers, of MEDQ delegated to the committee under this Act; and\nreporting to MEDQ and the board about the committee’s performance of its functions under this Act.\nA local representative committee may do all things necessary or convenient to be done for the performance of its functions.\n(sec.159-ssec.1) The functions of a local representative committee for an area are— advising, and making recommendations to, MEDQ and the board about— the impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity; and community needs and expectations in the area; and performing the functions, and exercising the powers, of MEDQ delegated to the committee under this Act; and reporting to MEDQ and the board about the committee’s performance of its functions under this Act.\n(sec.159-ssec.2) A local representative committee may do all things necessary or convenient to be done for the performance of its functions.\n- (a) advising, and making recommendations to, MEDQ and the board about— (i) the impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity; and (ii) community needs and expectations in the area; and\n- (i) the impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity; and\n- (ii) community needs and expectations in the area; and\n- (b) performing the functions, and exercising the powers, of MEDQ delegated to the committee under this Act; and\n- (c) reporting to MEDQ and the board about the committee’s performance of its functions under this Act.\n- (i) the impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity; and\n- (ii) community needs and expectations in the area; and","sortOrder":440},{"sectionNumber":"ch.4-pt.3A","sectionType":"part","heading":"Local consultative committees","content":"# Local consultative committees","sortOrder":441},{"sectionNumber":"sec.159A","sectionType":"section","heading":"Establishment","content":"### sec.159A Establishment\n\nAs soon as practicable after a declaration regulation is made under section 34 (1) , MEDQ must—\nestablish a committee (a local consultative committee ) for the provisional priority development area declared under the declaration regulation; and\ndecide the terms of reference for the committee, including how the committee must operate in performing its functions.\ns 159A ins 2019 No. 11 s 65A\n- (a) establish a committee (a local consultative committee ) for the provisional priority development area declared under the declaration regulation; and\n- (b) decide the terms of reference for the committee, including how the committee must operate in performing its functions.","sortOrder":442},{"sectionNumber":"sec.159B","sectionType":"section","heading":"Functions","content":"### sec.159B Functions\n\nA local consultative committee for a provisional priority development area has the following functions—\nto advise MEDQ about the following matters within the scope of the committee’s terms of reference—\nthe impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity;\ncommunity needs and expectations in the area;\nto report to MEDQ, in accordance with the committee’s terms of reference, about the committee’s performance of its functions under this Act.\nA local consultative committee may do all things necessary or convenient to be done for the performance of its functions.\ns 159B ins 2019 No. 11 s 65A\n(sec.159B-ssec.1) A local consultative committee for a provisional priority development area has the following functions— to advise MEDQ about the following matters within the scope of the committee’s terms of reference— the impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity; community needs and expectations in the area; to report to MEDQ, in accordance with the committee’s terms of reference, about the committee’s performance of its functions under this Act.\n(sec.159B-ssec.2) A local consultative committee may do all things necessary or convenient to be done for the performance of its functions.\n- (a) to advise MEDQ about the following matters within the scope of the committee’s terms of reference— (i) the impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity; (ii) community needs and expectations in the area;\n- (i) the impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity;\n- (ii) community needs and expectations in the area;\n- (b) to report to MEDQ, in accordance with the committee’s terms of reference, about the committee’s performance of its functions under this Act.\n- (i) the impact, or potential impact, of proposed development in the area, including, for example, the impact or potential impact on the environment or public amenity;\n- (ii) community needs and expectations in the area;","sortOrder":443},{"sectionNumber":"sec.159C","sectionType":"section","heading":"Membership","content":"### sec.159C Membership\n\nA local consultative committee for a provisional priority development area consists of the following persons (each a member )—\nthe CEO or a senior executive nominated by the CEO;\nthe chief executive officer of the relevant local government for the provisional priority development area or a senior executive nominated by the chief executive officer;\nat least 1 person MEDQ considers can appropriately represent the interests of the local community;\nif MEDQ considers that 1 or more entities are likely to be affected by development in the provisional priority development area—at least 1 person MEDQ considers can appropriately represent the interests of the entity or entities.\nA member mentioned in subsection (1) (c) or (d) is an appointed member .\nAn appointed member is appointed by MEDQ.\nA local consultative committee must not consist of more than 3 appointed members.\nA member of a local consultative committee holds office on the terms and conditions MEDQ considers appropriate, including terms about remuneration.\nThe chairperson of a local consultative committee is the member mentioned in subsection (1) (a) .\ns 159C ins 2019 No. 11 s 65A\namd 2024 No. 32 s 56\n(sec.159C-ssec.1) A local consultative committee for a provisional priority development area consists of the following persons (each a member )— the CEO or a senior executive nominated by the CEO; the chief executive officer of the relevant local government for the provisional priority development area or a senior executive nominated by the chief executive officer; at least 1 person MEDQ considers can appropriately represent the interests of the local community; if MEDQ considers that 1 or more entities are likely to be affected by development in the provisional priority development area—at least 1 person MEDQ considers can appropriately represent the interests of the entity or entities.\n(sec.159C-ssec.2) A member mentioned in subsection (1) (c) or (d) is an appointed member .\n(sec.159C-ssec.3) An appointed member is appointed by MEDQ.\n(sec.159C-ssec.4) A local consultative committee must not consist of more than 3 appointed members.\n(sec.159C-ssec.5) A member of a local consultative committee holds office on the terms and conditions MEDQ considers appropriate, including terms about remuneration.\n(sec.159C-ssec.6) The chairperson of a local consultative committee is the member mentioned in subsection (1) (a) .\n- (a) the CEO or a senior executive nominated by the CEO;\n- (b) the chief executive officer of the relevant local government for the provisional priority development area or a senior executive nominated by the chief executive officer;\n- (c) at least 1 person MEDQ considers can appropriately represent the interests of the local community;\n- (d) if MEDQ considers that 1 or more entities are likely to be affected by development in the provisional priority development area—at least 1 person MEDQ considers can appropriately represent the interests of the entity or entities.","sortOrder":444},{"sectionNumber":"sec.159D","sectionType":"section","heading":"Dissolution of local consultative committees","content":"### sec.159D Dissolution of local consultative committees\n\nA local consultative committee for a provisional priority development area is dissolved on the earlier of the following—\nwhen MEDQ dissolves the committee;\nwhen the provisional priority development area ceases to be a provisional priority development area.\nMEDQ must not dissolve a local consultative committee for a provisional priority development area before the provisional land use plan for the area is made.\ns 159D ins 2019 No. 11 s 65A\n(sec.159D-ssec.1) A local consultative committee for a provisional priority development area is dissolved on the earlier of the following— when MEDQ dissolves the committee; when the provisional priority development area ceases to be a provisional priority development area.\n(sec.159D-ssec.2) MEDQ must not dissolve a local consultative committee for a provisional priority development area before the provisional land use plan for the area is made.\n- (a) when MEDQ dissolves the committee;\n- (b) when the provisional priority development area ceases to be a provisional priority development area.","sortOrder":445},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Provisions applying to members","content":"# Provisions applying to members","sortOrder":446},{"sectionNumber":"sec.160","sectionType":"section","heading":"Report about person’s criminal history for particular appointments","content":"### sec.160 Report about person’s criminal history for particular appointments\n\nTo decide whether to recommend to the Governor in Council a person for appointment as a board member under section 132 (1) (c) , MEDQ may ask the commissioner of the police service for—\na written report about the person’s criminal history; and\na brief description of the circumstances of any conviction mentioned in the criminal history.\nThe commissioner of the police service must comply with a request under subsection (1) .\nHowever, MEDQ may make a request about a person under subsection (1) only if the person has given MEDQ written consent for the request.\nThe duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\nMEDQ must ensure a report given to MEDQ under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\nMEDQ may delegate its power under this section to an appropriately qualified public service officer.\nIn this section—\ncriminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than for a spent conviction.\ns 160 amd 2019 No. 11 s 231 s ch 1 pt 1 ; 2023 No. 23 s 247 sch 1 s 4 ; 2025 No. 14 s 43\n(sec.160-ssec.1) To decide whether to recommend to the Governor in Council a person for appointment as a board member under section 132 (1) (c) , MEDQ may ask the commissioner of the police service for— a written report about the person’s criminal history; and a brief description of the circumstances of any conviction mentioned in the criminal history.\n(sec.160-ssec.2) The commissioner of the police service must comply with a request under subsection (1) .\n(sec.160-ssec.3) However, MEDQ may make a request about a person under subsection (1) only if the person has given MEDQ written consent for the request.\n(sec.160-ssec.4) The duty imposed on the commissioner of the police service to comply with the request applies only to information in the commissioner’s possession or to which the commissioner has access.\n(sec.160-ssec.5) MEDQ must ensure a report given to MEDQ under this section is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested.\n(sec.160-ssec.6) MEDQ may delegate its power under this section to an appropriately qualified public service officer.\n(sec.160-ssec.7) In this section— criminal history , of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986 , other than for a spent conviction.\n- (a) a written report about the person’s criminal history; and\n- (b) a brief description of the circumstances of any conviction mentioned in the criminal history.","sortOrder":447},{"sectionNumber":"sec.161","sectionType":"section","heading":"Duty to act honestly and exercise care and diligence","content":"### sec.161 Duty to act honestly and exercise care and diligence\n\nA board member or committee member must act honestly, and must exercise a reasonable degree of care and diligence, when performing the member’s functions and exercising the member’s powers.\nA person who is or was a board member or committee member must not make improper use of information acquired because of the person’s position as a board member or committee member—\nto gain, directly or indirectly, an advantage for the person or for any other person; or\nto cause detriment to MEDQ.\nA board member or committee member must not make improper use of the member’s position as a member—\nto gain, directly or indirectly, an advantage for the member or for any other person; or\nto cause detriment to MEDQ.\nThis section—\nhas effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of a person because of the person’s office as a board member or committee member; and\ndoes not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability.\nSee also section 171 (Protection from civil liability).\ns 161 amd 2019 No. 11 s 231 s ch 1 pt 1\n(sec.161-ssec.1) A board member or committee member must act honestly, and must exercise a reasonable degree of care and diligence, when performing the member’s functions and exercising the member’s powers.\n(sec.161-ssec.2) A person who is or was a board member or committee member must not make improper use of information acquired because of the person’s position as a board member or committee member— to gain, directly or indirectly, an advantage for the person or for any other person; or to cause detriment to MEDQ.\n(sec.161-ssec.3) A board member or committee member must not make improper use of the member’s position as a member— to gain, directly or indirectly, an advantage for the member or for any other person; or to cause detriment to MEDQ.\n(sec.161-ssec.4) This section— has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of a person because of the person’s office as a board member or committee member; and does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability. See also section 171 (Protection from civil liability). s 161 amd 2019 No. 11 s 231 s ch 1 pt 1\n- (a) to gain, directly or indirectly, an advantage for the person or for any other person; or\n- (b) to cause detriment to MEDQ.\n- (a) to gain, directly or indirectly, an advantage for the member or for any other person; or\n- (b) to cause detriment to MEDQ.\n- (a) has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of a person because of the person’s office as a board member or committee member; and\n- (b) does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability.","sortOrder":448},{"sectionNumber":"sec.162","sectionType":"section","heading":"MEDQ may bring proceedings","content":"### sec.162 MEDQ may bring proceedings\n\nIf a board member or committee member contravenes section 161 , MEDQ may recover from the member as a debt due to MEDQ either or both of the following—\nif the member or any other person made a profit as a result of the contravention—an amount equal to the profit;\nif MEDQ has suffered loss or damage as a result of the contravention—an amount equal to the loss or damage.\nA proceeding mentioned in subsection (1) may be—\nbrought in the name of MEDQ; and\nstarted in a court of competent jurisdiction.\ns 162 amd 2019 No. 11 s 231 s ch 1 pt 1\n(sec.162-ssec.1) If a board member or committee member contravenes section 161 , MEDQ may recover from the member as a debt due to MEDQ either or both of the following— if the member or any other person made a profit as a result of the contravention—an amount equal to the profit; if MEDQ has suffered loss or damage as a result of the contravention—an amount equal to the loss or damage.\n(sec.162-ssec.2) A proceeding mentioned in subsection (1) may be— brought in the name of MEDQ; and started in a court of competent jurisdiction.\n- (a) if the member or any other person made a profit as a result of the contravention—an amount equal to the profit;\n- (b) if MEDQ has suffered loss or damage as a result of the contravention—an amount equal to the loss or damage.\n- (a) brought in the name of MEDQ; and\n- (b) started in a court of competent jurisdiction.","sortOrder":449},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Other offences","content":"# Other offences","sortOrder":450},{"sectionNumber":"sec.163","sectionType":"section","heading":"Privacy","content":"### sec.163 Privacy\n\nThis section applies to a person who—\nis, or has been, a person performing functions or exercising powers under this Act; and\nobtains in the course of, or because of, the performance of a function or exercise of a power under this Act, personal or confidential information that is not publicly available.\nThe person must not—\nmake a record of the information; or\ndivulge or communicate the information to anyone else, whether directly or indirectly; or\nuse the information to benefit any person.\nMaximum penalty—100 penalty units.\nHowever, subsection (2) does not apply if the record is made, or the information is divulged, communicated or used—\nfor, or as a part of, a function of MEDQ; or\nwith the consent of the person to whom the information relates; or\nas required by law.\n(sec.163-ssec.1) This section applies to a person who— is, or has been, a person performing functions or exercising powers under this Act; and obtains in the course of, or because of, the performance of a function or exercise of a power under this Act, personal or confidential information that is not publicly available.\n(sec.163-ssec.2) The person must not— make a record of the information; or divulge or communicate the information to anyone else, whether directly or indirectly; or use the information to benefit any person. Maximum penalty—100 penalty units.\n(sec.163-ssec.3) However, subsection (2) does not apply if the record is made, or the information is divulged, communicated or used— for, or as a part of, a function of MEDQ; or with the consent of the person to whom the information relates; or as required by law.\n- (a) is, or has been, a person performing functions or exercising powers under this Act; and\n- (b) obtains in the course of, or because of, the performance of a function or exercise of a power under this Act, personal or confidential information that is not publicly available.\n- (a) make a record of the information; or\n- (b) divulge or communicate the information to anyone else, whether directly or indirectly; or\n- (c) use the information to benefit any person.\n- (a) for, or as a part of, a function of MEDQ; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) as required by law.","sortOrder":451},{"sectionNumber":"sec.164","sectionType":"section","heading":"Liability of executive officer for particular offences committed by corporation","content":"### sec.164 Liability of executive officer for particular offences committed by corporation\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against an executive liability provision; and\nthe officer does not take all reasonable steps to ensure the corporation does not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the executive liability provision by an individual.\nIn deciding whether things done or omitted to be done by an executive officer of a corporation constitute reasonable steps for subsection (1) (b) , the court may have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, an offence against the executive liability provision.\nThis section does not affect the following—\nthe liability of the corporation for an offence against the executive liability provision;\nthe liability, under chapter 2 of the Criminal Code , of any person, whether or not the person is an executive officer of the corporation, for an offence against the executive liability provision.\nIn this section—\nexecutive liability provision means any of the following provisions—\nsection 73 (1) ;\nsection 75 ;\nsection 76 ;\nsection 110 ;\nsection 112 .\nexecutive officer , of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive office.\ns 164 amd 2019 No. 11 s 66\n(sec.164-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; and the officer does not take all reasonable steps to ensure the corporation does not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.\n(sec.164-ssec.2) In deciding whether things done or omitted to be done by an executive officer of a corporation constitute reasonable steps for subsection (1) (b) , the court may have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and any other relevant matter.\n(sec.164-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, an offence against the executive liability provision.\n(sec.164-ssec.4) This section does not affect the following— the liability of the corporation for an offence against the executive liability provision; the liability, under chapter 2 of the Criminal Code , of any person, whether or not the person is an executive officer of the corporation, for an offence against the executive liability provision.\n(sec.164-ssec.5) In this section— executive liability provision means any of the following provisions— section 73 (1) ; section 75 ; section 76 ; section 110 ; section 112 . executive officer , of a corporation, means a person who is concerned with, or takes part in, its management, whether or not the person is a director or the person’s position is given the name of executive office.\n- (a) the corporation commits an offence against an executive liability provision; and\n- (b) the officer does not take all reasonable steps to ensure the corporation does not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for an offence against the executive liability provision;\n- (b) the liability, under chapter 2 of the Criminal Code , of any person, whether or not the person is an executive officer of the corporation, for an offence against the executive liability provision.\n- (a) section 73 (1) ;\n- (b) section 75 ;\n- (c) section 76 ;\n- (d) section 110 ;\n- (e) section 112 .","sortOrder":452},{"sectionNumber":"sec.165","sectionType":"section","heading":"Giving MEDQ a false or misleading document","content":"### sec.165 Giving MEDQ a false or misleading document\n\nA person must not, in relation to the performance of MEDQ’s functions, give MEDQ a document containing information the person knows is false or misleading in a material particular.\nMaximum penalty—1,665 penalty units.","sortOrder":453},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Proceedings","content":"# Proceedings","sortOrder":454},{"sectionNumber":"sec.166","sectionType":"section","heading":"Proceedings for offences","content":"### sec.166 Proceedings for offences\n\nA proceeding for an offence against this Act—\nis to be heard and decided summarily; and\nmay be brought only by MEDQ or a person acting for MEDQ.\ns 166 sub 2019 No. 11 s 105\n- (a) is to be heard and decided summarily; and\n- (b) may be brought only by MEDQ or a person acting for MEDQ.","sortOrder":455},{"sectionNumber":"sec.167","sectionType":"section","heading":"Limitation on time for starting proceeding for offence","content":"### sec.167 Limitation on time for starting proceeding for offence\n\nA proceeding for an offence against this Act must start—\nwithin 1 year after the commission of the offence; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.\ns 167 amd 2019 No. 11 s 231 s ch 1 pt 2\n- (a) within 1 year after the commission of the offence; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.","sortOrder":456},{"sectionNumber":"sec.168","sectionType":"section","heading":"Evidentiary aids","content":"### sec.168 Evidentiary aids\n\nA certificate purporting to be signed by or for MEDQ stating any of the following matters is evidence of the matter—\na decision, direction or notice under this Act or the repealed ULDA Act ;\na thing that must or may be included in a register kept under this Act;\nthat a stated document is another document kept under this Act;\nthat a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\nthat on a stated day—\na stated person was given a stated decision, direction or notice under this Act or the repealed ULDA Act ; or\na stated direction or requirement under this Act or the repealed ULDA Act was made of a stated person;\nthat on a stated day, or during a stated period, a PDA development approval was, or was not, in force.\n- (a) a decision, direction or notice under this Act or the repealed ULDA Act ;\n- (b) a thing that must or may be included in a register kept under this Act;\n- (c) that a stated document is another document kept under this Act;\n- (d) that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\n- (e) that on a stated day— (i) a stated person was given a stated decision, direction or notice under this Act or the repealed ULDA Act ; or (ii) a stated direction or requirement under this Act or the repealed ULDA Act was made of a stated person;\n- (i) a stated person was given a stated decision, direction or notice under this Act or the repealed ULDA Act ; or\n- (ii) a stated direction or requirement under this Act or the repealed ULDA Act was made of a stated person;\n- (f) that on a stated day, or during a stated period, a PDA development approval was, or was not, in force.\n- (i) a stated person was given a stated decision, direction or notice under this Act or the repealed ULDA Act ; or\n- (ii) a stated direction or requirement under this Act or the repealed ULDA Act was made of a stated person;","sortOrder":457},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Provisions about performance of functions etc. under this Act","content":"# Provisions about performance of functions etc. under this Act","sortOrder":458},{"sectionNumber":"sec.169","sectionType":"section","heading":"Delegations","content":"### sec.169 Delegations\n\nMEDQ may delegate any of its functions or powers under this Act, other than a function or power under chapter 2 , part 3 , division 3A or chapter 5 , part 3B , to any of the following—\nthe CEO;\nthe executive officer;\nthe board;\na board member;\na local representative committee;\na member of a local representative committee;\na local government;\nthe Cross River Rail Delivery Authority;\nan appropriately qualified employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH .\nFor the delegation of MEDQ’s functions or powers under chapter 5 , part 3B , division 2 , see section 171K .\nThe CEO may subdelegate a function or power of MEDQ delegated to the CEO under subsection (1) to an appropriately qualified employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH .\nThe executive officer may subdelegate a function or power of MEDQ delegated to the executive officer under subsection (1) to an appropriately qualified employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH .\nA local government may subdelegate a function or power of MEDQ delegated to it under subsection (1) to an appropriately qualified employee of the local government.\nHowever, subsection (4) does not apply to a function or power if MEDQ has, when delegating the function or power to the local government, directed that the function or power can not be subdelegated.\nA board member may delegate the member’s functions as a member to an appropriately qualified employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH .\nThe Cross River Rail Delivery Authority may subdelegate a function or power of MEDQ delegated to it under subsection (1) to—\na member of the authority’s board of management; or\nthe authority’s chief executive officer; or\nan appropriately qualified member of the authority’s staff.\nHowever, subsection (7) does not apply to a function or power if MEDQ has, when delegating the function or power to the Cross River Rail Delivery Authority, directed that the function or power can not be subdelegated.\nIn this section—\nCross River Rail Delivery Authority means the Cross River Rail Delivery Authority established under the Cross River Rail Delivery Authority Act 2016 , section 8 .\ns 169 amd 2016 No. 66 s 78 ; 2019 No. 11 s 231 s ch 1 pt 1 ; 2020 No. 11 s 10 ; 2024 No. 32 s 57\n(sec.169-ssec.1) MEDQ may delegate any of its functions or powers under this Act, other than a function or power under chapter 2 , part 3 , division 3A or chapter 5 , part 3B , to any of the following— the CEO; the executive officer; the board; a board member; a local representative committee; a member of a local representative committee; a local government; the Cross River Rail Delivery Authority; an appropriately qualified employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH . For the delegation of MEDQ’s functions or powers under chapter 5 , part 3B , division 2 , see section 171K .\n(sec.169-ssec.2) The CEO may subdelegate a function or power of MEDQ delegated to the CEO under subsection (1) to an appropriately qualified employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH .\n(sec.169-ssec.3) The executive officer may subdelegate a function or power of MEDQ delegated to the executive officer under subsection (1) to an appropriately qualified employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH .\n(sec.169-ssec.4) A local government may subdelegate a function or power of MEDQ delegated to it under subsection (1) to an appropriately qualified employee of the local government.\n(sec.169-ssec.5) However, subsection (4) does not apply to a function or power if MEDQ has, when delegating the function or power to the local government, directed that the function or power can not be subdelegated.\n(sec.169-ssec.6) A board member may delegate the member’s functions as a member to an appropriately qualified employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH .\n(sec.169-ssec.7) The Cross River Rail Delivery Authority may subdelegate a function or power of MEDQ delegated to it under subsection (1) to— a member of the authority’s board of management; or the authority’s chief executive officer; or an appropriately qualified member of the authority’s staff.\n(sec.169-ssec.8) However, subsection (7) does not apply to a function or power if MEDQ has, when delegating the function or power to the Cross River Rail Delivery Authority, directed that the function or power can not be subdelegated.\n(sec.169-ssec.9) In this section— Cross River Rail Delivery Authority means the Cross River Rail Delivery Authority established under the Cross River Rail Delivery Authority Act 2016 , section 8 .\n- (a) the CEO;\n- (b) the executive officer;\n- (c) the board;\n- (d) a board member;\n- (e) a local representative committee;\n- (f) a member of a local representative committee;\n- (g) a local government;\n- (h) the Cross River Rail Delivery Authority;\n- (i) an appropriately qualified employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH .\n- (a) a member of the authority’s board of management; or\n- (b) the authority’s chief executive officer; or\n- (c) an appropriately qualified member of the authority’s staff.","sortOrder":459},{"sectionNumber":"sec.170","sectionType":"section","heading":"MEDQ may give directions","content":"### sec.170 MEDQ may give directions\n\nAn entity to whom a function or power is delegated under section 169 must perform the function or exercise the power subject to—\nthe general direction and control of MEDQ; and\nany specific written directions given to it by MEDQ.\nWithout limiting subsection (1) (b) , a direction under that provision may require the entity to give stated information to MEDQ.\n(sec.170-ssec.1) An entity to whom a function or power is delegated under section 169 must perform the function or exercise the power subject to— the general direction and control of MEDQ; and any specific written directions given to it by MEDQ.\n(sec.170-ssec.2) Without limiting subsection (1) (b) , a direction under that provision may require the entity to give stated information to MEDQ.\n- (a) the general direction and control of MEDQ; and\n- (b) any specific written directions given to it by MEDQ.","sortOrder":460},{"sectionNumber":"sec.171","sectionType":"section","heading":"Protection from civil liability","content":"### sec.171 Protection from civil liability\n\nA prescribed person carrying out functions, or exercising powers, under this Act is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act or a direction or a requirement under this Act.\nIn relation to a person who is or was a board member or committee member, see also section 161 (Duty to act honestly and exercise care and diligence).\nIf subsection (1) prevents a civil liability attaching to the member or person, the liability attaches instead to the State.\nIn this section—\nprescribed person means—\na board member or committee member; or\nanother person to whom a function or power has been delegated under section 169 .\ns 171 amd 2019 No. 11 s 231 s ch 1 pt 1\n(sec.171-ssec.1) A prescribed person carrying out functions, or exercising powers, under this Act is not civilly liable to someone for an act done, or omission made, honestly and without negligence under this Act or a direction or a requirement under this Act. In relation to a person who is or was a board member or committee member, see also section 161 (Duty to act honestly and exercise care and diligence).\n(sec.171-ssec.2) If subsection (1) prevents a civil liability attaching to the member or person, the liability attaches instead to the State.\n(sec.171-ssec.3) In this section— prescribed person means— a board member or committee member; or another person to whom a function or power has been delegated under section 169 .\n- (a) a board member or committee member; or\n- (b) another person to whom a function or power has been delegated under section 169 .","sortOrder":461},{"sectionNumber":"ch.5-pt.3A","sectionType":"part","heading":"Service of documents","content":"# Service of documents","sortOrder":462},{"sectionNumber":"sec.171A","sectionType":"section","heading":"Application of part","content":"### sec.171A Application of part\n\nThis part applies if a person is required or permitted under this Act to serve a document (the relevant document ) on another person (the receiver ).\ns 171A ins 2019 No. 11 s 67","sortOrder":463},{"sectionNumber":"sec.171B","sectionType":"section","heading":"Service of documents","content":"### sec.171B Service of documents\n\nThe person may serve the relevant document on the receiver by giving the receiver another document (a communication ) stating that—\nthe relevant document can be viewed on a stated website or other electronic medium; and\nthe receiver may ask the person for a copy of the relevant document.\nAlso, if the receiver has given the person a notice stating an electronic address for service, the person may serve the relevant document on the receiver by sending to the electronic address—\nthe relevant document; or\na notice (also a communication ) stating the relevant document can be viewed by opening a stated hyperlink.\nan email address, internet protocol address or digital mailbox address\nFor subsections (1) and (2) (b) , the receiver is taken to have been served with the relevant document only if, by accessing the website or other electronic medium or opening the hyperlink, the receiver would have been able to view the relevant document—\nat the time the communication was given or sent (the sending time ); and\nfor a period after the sending time that, in the circumstances and having regard to the receiver’s functions for the document, was reasonable to allow the receiver to—\naccess the website or other electronic medium, or open the hyperlink; and\nread or copy the relevant document.\nSubsection (3) applies whether or not the receiver viewed the website or other electronic medium, or opened the hyperlink.\nSubsection (6) applies if the receiver is given a communication under subsection (1) and asks the person for a copy of the relevant document in hard copy or electronic form.\nThe person must, as soon as practicable after the request is made, give the receiver a copy of the relevant document in the requested form.\nThis section does not limit the Acts Interpretation Act 1954 , section 39 or the Electronic Transactions (Queensland) Act 2001 .\ns 171B ins 2019 No. 11 s 67\n(sec.171B-ssec.1) The person may serve the relevant document on the receiver by giving the receiver another document (a communication ) stating that— the relevant document can be viewed on a stated website or other electronic medium; and the receiver may ask the person for a copy of the relevant document.\n(sec.171B-ssec.2) Also, if the receiver has given the person a notice stating an electronic address for service, the person may serve the relevant document on the receiver by sending to the electronic address— the relevant document; or a notice (also a communication ) stating the relevant document can be viewed by opening a stated hyperlink. an email address, internet protocol address or digital mailbox address\n(sec.171B-ssec.3) For subsections (1) and (2) (b) , the receiver is taken to have been served with the relevant document only if, by accessing the website or other electronic medium or opening the hyperlink, the receiver would have been able to view the relevant document— at the time the communication was given or sent (the sending time ); and for a period after the sending time that, in the circumstances and having regard to the receiver’s functions for the document, was reasonable to allow the receiver to— access the website or other electronic medium, or open the hyperlink; and read or copy the relevant document.\n(sec.171B-ssec.4) Subsection (3) applies whether or not the receiver viewed the website or other electronic medium, or opened the hyperlink.\n(sec.171B-ssec.5) Subsection (6) applies if the receiver is given a communication under subsection (1) and asks the person for a copy of the relevant document in hard copy or electronic form.\n(sec.171B-ssec.6) The person must, as soon as practicable after the request is made, give the receiver a copy of the relevant document in the requested form.\n(sec.171B-ssec.7) This section does not limit the Acts Interpretation Act 1954 , section 39 or the Electronic Transactions (Queensland) Act 2001 .\n- (a) the relevant document can be viewed on a stated website or other electronic medium; and\n- (b) the receiver may ask the person for a copy of the relevant document.\n- (a) the relevant document; or\n- (b) a notice (also a communication ) stating the relevant document can be viewed by opening a stated hyperlink.\n- (a) at the time the communication was given or sent (the sending time ); and\n- (b) for a period after the sending time that, in the circumstances and having regard to the receiver’s functions for the document, was reasonable to allow the receiver to— (i) access the website or other electronic medium, or open the hyperlink; and (ii) read or copy the relevant document.\n- (i) access the website or other electronic medium, or open the hyperlink; and\n- (ii) read or copy the relevant document.\n- (i) access the website or other electronic medium, or open the hyperlink; and\n- (ii) read or copy the relevant document.","sortOrder":464},{"sectionNumber":"sec.171C","sectionType":"section","heading":"Certificate of service","content":"### sec.171C Certificate of service\n\nIn a civil or criminal proceeding, a certificate of service in relation to a communication that states the following matters is evidence of those matters—\nthe sending time for the communication;\nthat, by accessing the website or other electronic medium, or opening the hyperlink, stated in the communication, the receiver would have been able to view the relevant document—\nat the sending time; and\nfor a stated period after that time.\nIn this section—\ncertificate of service , in relation to a communication, means a certificate that—\nis signed by the person who gave or sent the communication; and\nattaches a copy of the communication.\ns 171C ins 2019 No. 11 s 67\n(sec.171C-ssec.1) In a civil or criminal proceeding, a certificate of service in relation to a communication that states the following matters is evidence of those matters— the sending time for the communication; that, by accessing the website or other electronic medium, or opening the hyperlink, stated in the communication, the receiver would have been able to view the relevant document— at the sending time; and for a stated period after that time.\n(sec.171C-ssec.2) In this section— certificate of service , in relation to a communication, means a certificate that— is signed by the person who gave or sent the communication; and attaches a copy of the communication.\n- (a) the sending time for the communication;\n- (b) that, by accessing the website or other electronic medium, or opening the hyperlink, stated in the communication, the receiver would have been able to view the relevant document— (i) at the sending time; and (ii) for a stated period after that time.\n- (i) at the sending time; and\n- (ii) for a stated period after that time.\n- (i) at the sending time; and\n- (ii) for a stated period after that time.\n- (a) is signed by the person who gave or sent the communication; and\n- (b) attaches a copy of the communication.","sortOrder":465},{"sectionNumber":"ch.5-pt.3B","sectionType":"part","heading":"Applicable events","content":"# Applicable events","sortOrder":466},{"sectionNumber":"ch.5-pt.3B-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":467},{"sectionNumber":"sec.171D","sectionType":"section","heading":"Definitions for part","content":"### sec.171D Definitions for part\n\nIn this part—\napplicable event means an applicable event declared under the Planning Act 2016 , section 275E (2) .\napplicable event notice see the Planning Act 2016 , section 275E (2) .\napplicable event period see the Planning Act 2016 , section 275E (3) (a) .\nlicensed premises see section 171H (2) (a) (ii) .\ns 171D def licensed premises ins 2024 No. 13 s 7\nrelevant change see section 171F (1) .\ntemporary use licence see section 171F (1) .\ns 171D ins 2020 No. 11 s 11","sortOrder":468},{"sectionNumber":"ch.5-pt.3B-div.2","sectionType":"division","heading":"Temporary use licences","content":"## Temporary use licences","sortOrder":469},{"sectionNumber":"sec.171E","sectionType":"section","heading":"Application of division","content":"### sec.171E Application of division\n\nThis division applies in relation to the following premises if an applicable event notice for an applicable event applies to the part of the State in which the premises is located—\npremises in a priority development area;\npremises that are PDA-associated land for a priority development area.\ns 171E ins 2020 No. 11 s 11\n- (a) premises in a priority development area;\n- (b) premises that are PDA-associated land for a priority development area.","sortOrder":470},{"sectionNumber":"sec.171F","sectionType":"section","heading":"Applications for temporary use licences","content":"### sec.171F Applications for temporary use licences\n\nA person may apply to MEDQ for a licence (a temporary use licence ) in relation to the premises that does any of the following (each a relevant change )—\nif a PDA development approval for a material change of use is in effect for the premises—changes a PDA development condition of the PDA development approval;\notherwise—changes the existing lawful use of the premises, including, for example, by—\nincreasing the intensity or scale of the existing lawful use; or\nadding a new use; or\nreplacing the existing lawful use with a new use.\nThe application must—\nbe in the approved form; and\ninclude the matters prescribed by regulation.\nTo remove any doubt, it is declared that the application may relate to multiple premises.\ns 171F ins 2020 No. 11 s 11\n(sec.171F-ssec.1) A person may apply to MEDQ for a licence (a temporary use licence ) in relation to the premises that does any of the following (each a relevant change )— if a PDA development approval for a material change of use is in effect for the premises—changes a PDA development condition of the PDA development approval; otherwise—changes the existing lawful use of the premises, including, for example, by— increasing the intensity or scale of the existing lawful use; or adding a new use; or replacing the existing lawful use with a new use.\n(sec.171F-ssec.2) The application must— be in the approved form; and include the matters prescribed by regulation.\n(sec.171F-ssec.3) To remove any doubt, it is declared that the application may relate to multiple premises.\n- (a) if a PDA development approval for a material change of use is in effect for the premises—changes a PDA development condition of the PDA development approval;\n- (b) otherwise—changes the existing lawful use of the premises, including, for example, by— (i) increasing the intensity or scale of the existing lawful use; or (ii) adding a new use; or (iii) replacing the existing lawful use with a new use.\n- (i) increasing the intensity or scale of the existing lawful use; or\n- (ii) adding a new use; or\n- (iii) replacing the existing lawful use with a new use.\n- (i) increasing the intensity or scale of the existing lawful use; or\n- (ii) adding a new use; or\n- (iii) replacing the existing lawful use with a new use.\n- (a) be in the approved form; and\n- (b) include the matters prescribed by regulation.","sortOrder":471},{"sectionNumber":"sec.171FA","sectionType":"section","heading":"MEDQ may consult about applications","content":"### sec.171FA MEDQ may consult about applications\n\nIn considering an application for a temporary use licence made under section 171F , MEDQ may consult with any entity MEDQ considers appropriate.\ns 171FA ins 2024 No. 13 s 10","sortOrder":472},{"sectionNumber":"sec.171G","sectionType":"section","heading":"Decisions on applications","content":"### sec.171G Decisions on applications\n\nMEDQ must consider an application for a temporary use licence made under section 171F and decide—\nto give the temporary use licence, with or without conditions; or\nto refuse to give the temporary use licence.\nMEDQ may give the temporary use licence only if satisfied that, having regard to the nature of the applicable event, there are reasonable grounds for the relevant change the subject of the licence applying during the applicable event period for the applicable event notice.\ns 171G ins 2020 No. 11 s 11\n(sec.171G-ssec.1) MEDQ must consider an application for a temporary use licence made under section 171F and decide— to give the temporary use licence, with or without conditions; or to refuse to give the temporary use licence.\n(sec.171G-ssec.2) MEDQ may give the temporary use licence only if satisfied that, having regard to the nature of the applicable event, there are reasonable grounds for the relevant change the subject of the licence applying during the applicable event period for the applicable event notice.\n- (a) to give the temporary use licence, with or without conditions; or\n- (b) to refuse to give the temporary use licence.","sortOrder":473},{"sectionNumber":"sec.171H","sectionType":"section","heading":"Notices of decisions","content":"### sec.171H Notices of decisions\n\nMEDQ must give the applicant notice of MEDQ’s decision.\nIf the decision is to give the temporary use licence—\nthe notice must state—\nthe day the notice is given; and\nthe premises to which the licence relates (the licensed premises ); and\nthe end of the applicable event period for the applicable event notice to which the licence relates; and\ndetails of the relevant change; and\nany conditions imposed on the licence; and\nany other matter prescribed by regulation; and\nMEDQ must give a copy of the notice to the relevant local government for the premises.\nIf the decision is to refuse to give the temporary use licence, the notice must state the reasons for the decision.\ns 171H ins 2020 No. 11 s 11\namd 2024 No. 13 s 11\n(sec.171H-ssec.1) MEDQ must give the applicant notice of MEDQ’s decision.\n(sec.171H-ssec.2) If the decision is to give the temporary use licence— the notice must state— the day the notice is given; and the premises to which the licence relates (the licensed premises ); and the end of the applicable event period for the applicable event notice to which the licence relates; and details of the relevant change; and any conditions imposed on the licence; and any other matter prescribed by regulation; and MEDQ must give a copy of the notice to the relevant local government for the premises.\n(sec.171H-ssec.3) If the decision is to refuse to give the temporary use licence, the notice must state the reasons for the decision.\n- (a) the notice must state— (i) the day the notice is given; and (ii) the premises to which the licence relates (the licensed premises ); and (iii) the end of the applicable event period for the applicable event notice to which the licence relates; and (iv) details of the relevant change; and (v) any conditions imposed on the licence; and (vi) any other matter prescribed by regulation; and\n- (i) the day the notice is given; and\n- (ii) the premises to which the licence relates (the licensed premises ); and\n- (iii) the end of the applicable event period for the applicable event notice to which the licence relates; and\n- (iv) details of the relevant change; and\n- (v) any conditions imposed on the licence; and\n- (vi) any other matter prescribed by regulation; and\n- (b) MEDQ must give a copy of the notice to the relevant local government for the premises.\n- (i) the day the notice is given; and\n- (ii) the premises to which the licence relates (the licensed premises ); and\n- (iii) the end of the applicable event period for the applicable event notice to which the licence relates; and\n- (iv) details of the relevant change; and\n- (v) any conditions imposed on the licence; and\n- (vi) any other matter prescribed by regulation; and","sortOrder":474},{"sectionNumber":"sec.171I","sectionType":"section","heading":"Period of temporary use licences","content":"### sec.171I Period of temporary use licences\n\nA temporary use licence has effect from the day the notice mentioned in section 171H (1) is given to the applicant (the licence starting day ) until—\nif neither paragraph (b) nor paragraph (c) applies—the end of the applicable event period for the applicable event notice in effect at the licence starting day; or\nif the licence is sooner cancelled under section 171JK or 171JM —the day the cancellation takes effect; or\nif the period of the licence is extended under section 171JD or 171JF —the end of the extended period.\nHowever, if a temporary use licence is suspended, the licence does not have effect for the period of the suspension. See section 171JM .\nDespite subsection (1) , if the applicable event notice is revoked, the temporary use licence stops having effect when the revocation takes effect.\ns 171I ins 2020 No. 11 s 11\nsub 2024 No. 13 s 12\n(sec.171I-ssec.1) A temporary use licence has effect from the day the notice mentioned in section 171H (1) is given to the applicant (the licence starting day ) until— if neither paragraph (b) nor paragraph (c) applies—the end of the applicable event period for the applicable event notice in effect at the licence starting day; or if the licence is sooner cancelled under section 171JK or 171JM —the day the cancellation takes effect; or if the period of the licence is extended under section 171JD or 171JF —the end of the extended period. However, if a temporary use licence is suspended, the licence does not have effect for the period of the suspension. See section 171JM .\n(sec.171I-ssec.2) Despite subsection (1) , if the applicable event notice is revoked, the temporary use licence stops having effect when the revocation takes effect.\n- (a) if neither paragraph (b) nor paragraph (c) applies—the end of the applicable event period for the applicable event notice in effect at the licence starting day; or\n- (b) if the licence is sooner cancelled under section 171JK or 171JM —the day the cancellation takes effect; or\n- (c) if the period of the licence is extended under section 171JD or 171JF —the end of the extended period.","sortOrder":475},{"sectionNumber":"sec.171J","sectionType":"section","heading":"Effect of temporary use licences","content":"### sec.171J Effect of temporary use licences\n\nIf a temporary use licence changes a PDA development condition of a PDA development approval, the PDA development approval is taken, for the period the licence is in effect—\nto be changed in the way stated in the licence; and\nto be subject to the conditions of the licence.\nIf a temporary use licence changes the existing lawful use of premises, a person does not, during the period the licence is in effect, commit an offence against section 73 or 76 in relation to the changed use, unless the person contravenes a condition of the licence.\nDespite section 120 (2) , an infrastructure agreement under the Planning Act 2016 does not apply instead of a part of a PDA development approval changed under subsection (1) .\nDespite anything else in this Act or the Planning Act 2016 , development, other than a material change of use, does not stop being PDA assessable development, or prohibited development or assessable development under the Planning Act 2016 , merely because a temporary use licence has been given.\ns 171J ins 2020 No. 11 s 11\n(sec.171J-ssec.1) If a temporary use licence changes a PDA development condition of a PDA development approval, the PDA development approval is taken, for the period the licence is in effect— to be changed in the way stated in the licence; and to be subject to the conditions of the licence.\n(sec.171J-ssec.2) If a temporary use licence changes the existing lawful use of premises, a person does not, during the period the licence is in effect, commit an offence against section 73 or 76 in relation to the changed use, unless the person contravenes a condition of the licence.\n(sec.171J-ssec.3) Despite section 120 (2) , an infrastructure agreement under the Planning Act 2016 does not apply instead of a part of a PDA development approval changed under subsection (1) .\n(sec.171J-ssec.4) Despite anything else in this Act or the Planning Act 2016 , development, other than a material change of use, does not stop being PDA assessable development, or prohibited development or assessable development under the Planning Act 2016 , merely because a temporary use licence has been given.\n- (a) to be changed in the way stated in the licence; and\n- (b) to be subject to the conditions of the licence.","sortOrder":476},{"sectionNumber":"sec.171JA","sectionType":"section","heading":"Application of subdivision","content":"### sec.171JA Application of subdivision\n\nThis subdivision applies in relation to a temporary use licence given in relation to the applicable event if the applicable event period for the applicable event notice is extended under the Planning Act 2016 , section 275F .\ns 171JA ins 2024 No. 13 s 13","sortOrder":477},{"sectionNumber":"sec.171JB","sectionType":"section","heading":"Applications to extend temporary use licences","content":"### sec.171JB Applications to extend temporary use licences\n\nThe holder of the temporary use licence may apply to MEDQ to extend the period for which the temporary use licence has effect under section 171I before the period ends.\nThe application must—\nbe in the approved form; and\ninclude the matters prescribed by regulation.\nIf the period for which the temporary use licence has effect ends before the application is decided, the licence continues in effect under this subsection until the first of the following to happen—\nMEDQ gives the holder notice of the decision under section 171JE ;\nthe application is withdrawn.\nNothing in subsection (3) prevents the temporary use licence being suspended or cancelled during the period the licence is continued under that subsection.\ns 171JB ins 2024 No. 13 s 13\n(sec.171JB-ssec.1) The holder of the temporary use licence may apply to MEDQ to extend the period for which the temporary use licence has effect under section 171I before the period ends.\n(sec.171JB-ssec.2) The application must— be in the approved form; and include the matters prescribed by regulation.\n(sec.171JB-ssec.3) If the period for which the temporary use licence has effect ends before the application is decided, the licence continues in effect under this subsection until the first of the following to happen— MEDQ gives the holder notice of the decision under section 171JE ; the application is withdrawn.\n(sec.171JB-ssec.4) Nothing in subsection (3) prevents the temporary use licence being suspended or cancelled during the period the licence is continued under that subsection.\n- (a) be in the approved form; and\n- (b) include the matters prescribed by regulation.\n- (a) MEDQ gives the holder notice of the decision under section 171JE ;\n- (b) the application is withdrawn.","sortOrder":478},{"sectionNumber":"sec.171JC","sectionType":"section","heading":"MEDQ may consult about applications","content":"### sec.171JC MEDQ may consult about applications\n\nIn considering an application made under section 171JB , MEDQ may consult with any entity MEDQ considers appropriate.\ns 171JC ins 2024 No. 13 s 13","sortOrder":479},{"sectionNumber":"sec.171JD","sectionType":"section","heading":"Decisions on applications","content":"### sec.171JD Decisions on applications\n\nMEDQ must consider an application made under section 171JB and decide—\nto give or refuse the extension sought; or\nto extend the period for which the temporary use licence has effect for a period that is different from the extension sought.\nMEDQ must not extend the period for which the temporary use licence has effect beyond the end of the extended applicable event period for the applicable event notice.\nMEDQ may decide to extend the period for which the temporary use licence has effect only if satisfied that, having regard to the nature of the applicable event, there are reasonable grounds for giving the extension.\ns 171JD ins 2024 No. 13 s 13\n(sec.171JD-ssec.1) MEDQ must consider an application made under section 171JB and decide— to give or refuse the extension sought; or to extend the period for which the temporary use licence has effect for a period that is different from the extension sought.\n(sec.171JD-ssec.2) MEDQ must not extend the period for which the temporary use licence has effect beyond the end of the extended applicable event period for the applicable event notice.\n(sec.171JD-ssec.3) MEDQ may decide to extend the period for which the temporary use licence has effect only if satisfied that, having regard to the nature of the applicable event, there are reasonable grounds for giving the extension.\n- (a) to give or refuse the extension sought; or\n- (b) to extend the period for which the temporary use licence has effect for a period that is different from the extension sought.","sortOrder":480},{"sectionNumber":"sec.171JE","sectionType":"section","heading":"Notices of decisions","content":"### sec.171JE Notices of decisions\n\nMEDQ must give the applicant notice of MEDQ’s decision.\nIf the decision is to extend the period for which the temporary use licence has effect—\nthe notice must state—\nthe day the notice is given; and\nthe licensed premises for the licence; and\nthe period for which the licence is extended; and\nfor a decision mentioned in section 171JD (1) (b) —the reasons for the decision; and\nMEDQ must give a copy of the notice to the relevant local government for the licensed premises for the licence; and\nthe period for which the licence has effect is taken to be extended for the period stated in the notice from the day the notice is given.\nIf the decision is to refuse the extension sought, the notice must state the reasons for the decision.\ns 171JE ins 2024 No. 13 s 13\n(sec.171JE-ssec.1) MEDQ must give the applicant notice of MEDQ’s decision.\n(sec.171JE-ssec.2) If the decision is to extend the period for which the temporary use licence has effect— the notice must state— the day the notice is given; and the licensed premises for the licence; and the period for which the licence is extended; and for a decision mentioned in section 171JD (1) (b) —the reasons for the decision; and MEDQ must give a copy of the notice to the relevant local government for the licensed premises for the licence; and the period for which the licence has effect is taken to be extended for the period stated in the notice from the day the notice is given.\n(sec.171JE-ssec.3) If the decision is to refuse the extension sought, the notice must state the reasons for the decision.\n- (a) the notice must state— (i) the day the notice is given; and (ii) the licensed premises for the licence; and (iii) the period for which the licence is extended; and (iv) for a decision mentioned in section 171JD (1) (b) —the reasons for the decision; and\n- (i) the day the notice is given; and\n- (ii) the licensed premises for the licence; and\n- (iii) the period for which the licence is extended; and\n- (iv) for a decision mentioned in section 171JD (1) (b) —the reasons for the decision; and\n- (b) MEDQ must give a copy of the notice to the relevant local government for the licensed premises for the licence; and\n- (c) the period for which the licence has effect is taken to be extended for the period stated in the notice from the day the notice is given.\n- (i) the day the notice is given; and\n- (ii) the licensed premises for the licence; and\n- (iii) the period for which the licence is extended; and\n- (iv) for a decision mentioned in section 171JD (1) (b) —the reasons for the decision; and","sortOrder":481},{"sectionNumber":"sec.171JF","sectionType":"section","heading":"MEDQ may make declaration extending period of all temporary use licences","content":"### sec.171JF MEDQ may make declaration extending period of all temporary use licences\n\nThis section applies if—\nthe applicable event period for the applicable event notice is extended under the Planning Act 2016 , section 275F ; and\nMEDQ is satisfied that, having regard to the nature of the applicable event, it is appropriate for temporary use licences given under this division in relation to the event (each a relevant temporary use licence ) to continue to have effect during the extended applicable event period.\nMEDQ may, by notice published on the department’s website, declare that the period of each relevant temporary use licence in effect when the declaration is made is extended until the end of the extended applicable event period.\nImmediately after making the declaration, MEDQ must give notice of the declaration to—\neach holder of a relevant temporary use licence in effect when the declaration is made; and\neach relevant local government for the part of the State to which the applicable event notice applies.\nIf a declaration is made under subsection (2) , the period of each relevant temporary use licence in effect when the declaration is made is extended until the end of the extended applicable event period.\nA declaration under subsection (2) is a statutory instrument.\ns 171JF ins 2024 No. 13 s 13\n(sec.171JF-ssec.1) This section applies if— the applicable event period for the applicable event notice is extended under the Planning Act 2016 , section 275F ; and MEDQ is satisfied that, having regard to the nature of the applicable event, it is appropriate for temporary use licences given under this division in relation to the event (each a relevant temporary use licence ) to continue to have effect during the extended applicable event period.\n(sec.171JF-ssec.2) MEDQ may, by notice published on the department’s website, declare that the period of each relevant temporary use licence in effect when the declaration is made is extended until the end of the extended applicable event period.\n(sec.171JF-ssec.3) Immediately after making the declaration, MEDQ must give notice of the declaration to— each holder of a relevant temporary use licence in effect when the declaration is made; and each relevant local government for the part of the State to which the applicable event notice applies.\n(sec.171JF-ssec.4) If a declaration is made under subsection (2) , the period of each relevant temporary use licence in effect when the declaration is made is extended until the end of the extended applicable event period.\n(sec.171JF-ssec.5) A declaration under subsection (2) is a statutory instrument.\n- (a) the applicable event period for the applicable event notice is extended under the Planning Act 2016 , section 275F ; and\n- (b) MEDQ is satisfied that, having regard to the nature of the applicable event, it is appropriate for temporary use licences given under this division in relation to the event (each a relevant temporary use licence ) to continue to have effect during the extended applicable event period.\n- (a) each holder of a relevant temporary use licence in effect when the declaration is made; and\n- (b) each relevant local government for the part of the State to which the applicable event notice applies.","sortOrder":482},{"sectionNumber":"sec.171JG","sectionType":"section","heading":"Applications to amend temporary use licences","content":"### sec.171JG Applications to amend temporary use licences\n\nThe holder of a temporary use licence may apply to MEDQ to amend the licence, including a condition of the licence.\nThe application must—\nbe in the approved form; and\ninclude the matters prescribed by regulation.\ns 171JG ins 2024 No. 13 s 13\n(sec.171JG-ssec.1) The holder of a temporary use licence may apply to MEDQ to amend the licence, including a condition of the licence.\n(sec.171JG-ssec.2) The application must— be in the approved form; and include the matters prescribed by regulation.\n- (a) be in the approved form; and\n- (b) include the matters prescribed by regulation.","sortOrder":483},{"sectionNumber":"sec.171JH","sectionType":"section","heading":"MEDQ may consult about applications","content":"### sec.171JH MEDQ may consult about applications\n\nIn considering an application made under section 171JG , MEDQ may consult with any entity MEDQ considers appropriate.\ns 171JH ins 2024 No. 13 s 13","sortOrder":484},{"sectionNumber":"sec.171JI","sectionType":"section","heading":"Decisions on applications","content":"### sec.171JI Decisions on applications\n\nMEDQ must consider an application made under section 171JG and decide—\nto make all or part of the requested amendment to the temporary use licence; or\nto refuse to make the requested amendment to the temporary use licence.\nMEDQ may decide to amend a temporary use licence only if satisfied that, having regard to the nature of the applicable event in relation to which the licence was given, there are reasonable grounds for making the amendment.\ns 171JI ins 2024 No. 13 s 13\n(sec.171JI-ssec.1) MEDQ must consider an application made under section 171JG and decide— to make all or part of the requested amendment to the temporary use licence; or to refuse to make the requested amendment to the temporary use licence.\n(sec.171JI-ssec.2) MEDQ may decide to amend a temporary use licence only if satisfied that, having regard to the nature of the applicable event in relation to which the licence was given, there are reasonable grounds for making the amendment.\n- (a) to make all or part of the requested amendment to the temporary use licence; or\n- (b) to refuse to make the requested amendment to the temporary use licence.","sortOrder":485},{"sectionNumber":"sec.171JJ","sectionType":"section","heading":"Notices of decisions","content":"### sec.171JJ Notices of decisions\n\nMEDQ must give the applicant notice of MEDQ’s decision.\nIf the decision is to make all or part of the requested amendment to the temporary use licence—\nthe notice must state—\nthe day the notice is given; and\nthe licensed premises for the licence; and\ndetails of the amendment being made; and\nfor a decision to make part of the requested amendment only—the reasons for the decision; and\nMEDQ must give a copy of the notice to the relevant local government for the licensed premises for the licence; and\nthe licence is taken to be amended in the way stated in the notice from the day the notice is given.\nIf the decision is to refuse to make the amendment, the notice must state the reasons for the decision.\ns 171JJ ins 2024 No. 13 s 13\n(sec.171JJ-ssec.1) MEDQ must give the applicant notice of MEDQ’s decision.\n(sec.171JJ-ssec.2) If the decision is to make all or part of the requested amendment to the temporary use licence— the notice must state— the day the notice is given; and the licensed premises for the licence; and details of the amendment being made; and for a decision to make part of the requested amendment only—the reasons for the decision; and MEDQ must give a copy of the notice to the relevant local government for the licensed premises for the licence; and the licence is taken to be amended in the way stated in the notice from the day the notice is given.\n(sec.171JJ-ssec.3) If the decision is to refuse to make the amendment, the notice must state the reasons for the decision.\n- (a) the notice must state— (i) the day the notice is given; and (ii) the licensed premises for the licence; and (iii) details of the amendment being made; and (iv) for a decision to make part of the requested amendment only—the reasons for the decision; and\n- (i) the day the notice is given; and\n- (ii) the licensed premises for the licence; and\n- (iii) details of the amendment being made; and\n- (iv) for a decision to make part of the requested amendment only—the reasons for the decision; and\n- (b) MEDQ must give a copy of the notice to the relevant local government for the licensed premises for the licence; and\n- (c) the licence is taken to be amended in the way stated in the notice from the day the notice is given.\n- (i) the day the notice is given; and\n- (ii) the licensed premises for the licence; and\n- (iii) details of the amendment being made; and\n- (iv) for a decision to make part of the requested amendment only—the reasons for the decision; and","sortOrder":486},{"sectionNumber":"sec.171JK","sectionType":"section","heading":"Requests to cancel temporary use licences","content":"### sec.171JK Requests to cancel temporary use licences\n\nThe holder of a temporary use licence may ask MEDQ to cancel the licence.\nThe request must—\nbe in writing; and\nstate the licensed premises for the temporary use licence.\nOn receiving the request, MEDQ must cancel the temporary use licence by giving notice of the cancellation to the holder of the licence.\nThe cancellation takes effect on the giving of the notice or a later day stated in the notice.\nMEDQ must give a copy of the notice to the relevant local government for the licensed premises for the temporary use licence.\ns 171JK ins 2024 No. 13 s 13\n(sec.171JK-ssec.1) The holder of a temporary use licence may ask MEDQ to cancel the licence.\n(sec.171JK-ssec.2) The request must— be in writing; and state the licensed premises for the temporary use licence.\n(sec.171JK-ssec.3) On receiving the request, MEDQ must cancel the temporary use licence by giving notice of the cancellation to the holder of the licence.\n(sec.171JK-ssec.4) The cancellation takes effect on the giving of the notice or a later day stated in the notice.\n(sec.171JK-ssec.5) MEDQ must give a copy of the notice to the relevant local government for the licensed premises for the temporary use licence.\n- (a) be in writing; and\n- (b) state the licensed premises for the temporary use licence.","sortOrder":487},{"sectionNumber":"sec.171JL","sectionType":"section","heading":"Grounds for MEDQ to amend, suspend or cancel temporary use licences","content":"### sec.171JL Grounds for MEDQ to amend, suspend or cancel temporary use licences\n\nEach of the following is a ground for amending, suspending or cancelling a temporary use licence—\nMEDQ reasonably believes—\nthe holder of the licence has failed to comply with a condition of the licence; or\nthe licence was obtained because of false or misleading information; or\npublic safety has been endangered, or is likely to be endangered, because of the licence;\nMEDQ—\nbecomes aware of an impact on the environment, or the amenity of the locality in which the licensed premises for the licence are located, that is occurring, or is likely to occur, as a result of the relevant change the subject of the licence; and\nconsiders the application for the licence would have been refused if MEDQ had been aware of the impact before giving the licence;\nMEDQ is satisfied that, having regard to the nature of the applicable event in relation to which the licence was given, there are no longer reasonable grounds for the relevant change the subject of the licence applying during the applicable event period for the applicable event notice.\ns 171JL ins 2024 No. 13 s 13\n- (a) MEDQ reasonably believes— (i) the holder of the licence has failed to comply with a condition of the licence; or (ii) the licence was obtained because of false or misleading information; or (iii) public safety has been endangered, or is likely to be endangered, because of the licence;\n- (i) the holder of the licence has failed to comply with a condition of the licence; or\n- (ii) the licence was obtained because of false or misleading information; or\n- (iii) public safety has been endangered, or is likely to be endangered, because of the licence;\n- (b) MEDQ— (i) becomes aware of an impact on the environment, or the amenity of the locality in which the licensed premises for the licence are located, that is occurring, or is likely to occur, as a result of the relevant change the subject of the licence; and (ii) considers the application for the licence would have been refused if MEDQ had been aware of the impact before giving the licence;\n- (i) becomes aware of an impact on the environment, or the amenity of the locality in which the licensed premises for the licence are located, that is occurring, or is likely to occur, as a result of the relevant change the subject of the licence; and\n- (ii) considers the application for the licence would have been refused if MEDQ had been aware of the impact before giving the licence;\n- (c) MEDQ is satisfied that, having regard to the nature of the applicable event in relation to which the licence was given, there are no longer reasonable grounds for the relevant change the subject of the licence applying during the applicable event period for the applicable event notice.\n- (i) the holder of the licence has failed to comply with a condition of the licence; or\n- (ii) the licence was obtained because of false or misleading information; or\n- (iii) public safety has been endangered, or is likely to be endangered, because of the licence;\n- (i) becomes aware of an impact on the environment, or the amenity of the locality in which the licensed premises for the licence are located, that is occurring, or is likely to occur, as a result of the relevant change the subject of the licence; and\n- (ii) considers the application for the licence would have been refused if MEDQ had been aware of the impact before giving the licence;","sortOrder":488},{"sectionNumber":"sec.171JM","sectionType":"section","heading":"MEDQ may amend, suspend or cancel temporary use licences","content":"### sec.171JM MEDQ may amend, suspend or cancel temporary use licences\n\nIf MEDQ considers a ground exists to amend, suspend or cancel a temporary use licence (the proposed action ), MEDQ may give the holder of the licence a notice that complies with subsection (2) .\nThe notice must state all of the following—\nthe proposed action;\nthe grounds for the proposed action;\nan outline of the facts and circumstances forming the basis for the grounds;\nif the proposed action is to suspend the temporary use licence—the proposed suspension period;\nthe holder of the licence may, within a reasonable period stated in the notice, make a submission to MEDQ to show why the proposed action should not be taken.\nAfter MEDQ considers any submissions made by the holder of the temporary use licence within the stated period, MEDQ must decide—\nto take the proposed action; or\nnot to take any action; or\nif the proposed action is to amend the licence—to amend the licence in another way having regard to the submissions; or\nif the proposed action is to suspend the licence—to amend the licence having regard to the submissions; or\nif the proposed action is to cancel the licence—\nto suspend the licence for a period; or\nto amend the licence having regard to the submissions.\nMEDQ must give the holder of the temporary use licence notice of MEDQ’s decision.\nThe decision takes effect on—\nthe day the notice is given to the holder of the temporary use licence; or\na later day stated in the notice.\nIf the temporary use licence is amended, on the day the amendment takes effect section 171J applies to the licence as if a reference in the section to a temporary use licence were a reference to the licence as amended.\nIf the temporary use licence is suspended, the licence does not have effect for the period of the suspension.\nMEDQ must give a copy of the notice mentioned in subsection (4) to the relevant local government for the licensed premises for the temporary use licence.\ns 171JM ins 2024 No. 13 s 13\n(sec.171JM-ssec.1) If MEDQ considers a ground exists to amend, suspend or cancel a temporary use licence (the proposed action ), MEDQ may give the holder of the licence a notice that complies with subsection (2) .\n(sec.171JM-ssec.2) The notice must state all of the following— the proposed action; the grounds for the proposed action; an outline of the facts and circumstances forming the basis for the grounds; if the proposed action is to suspend the temporary use licence—the proposed suspension period; the holder of the licence may, within a reasonable period stated in the notice, make a submission to MEDQ to show why the proposed action should not be taken.\n(sec.171JM-ssec.3) After MEDQ considers any submissions made by the holder of the temporary use licence within the stated period, MEDQ must decide— to take the proposed action; or not to take any action; or if the proposed action is to amend the licence—to amend the licence in another way having regard to the submissions; or if the proposed action is to suspend the licence—to amend the licence having regard to the submissions; or if the proposed action is to cancel the licence— to suspend the licence for a period; or to amend the licence having regard to the submissions.\n(sec.171JM-ssec.4) MEDQ must give the holder of the temporary use licence notice of MEDQ’s decision.\n(sec.171JM-ssec.5) The decision takes effect on— the day the notice is given to the holder of the temporary use licence; or a later day stated in the notice.\n(sec.171JM-ssec.6) If the temporary use licence is amended, on the day the amendment takes effect section 171J applies to the licence as if a reference in the section to a temporary use licence were a reference to the licence as amended.\n(sec.171JM-ssec.7) If the temporary use licence is suspended, the licence does not have effect for the period of the suspension.\n(sec.171JM-ssec.8) MEDQ must give a copy of the notice mentioned in subsection (4) to the relevant local government for the licensed premises for the temporary use licence.\n- (a) the proposed action;\n- (b) the grounds for the proposed action;\n- (c) an outline of the facts and circumstances forming the basis for the grounds;\n- (d) if the proposed action is to suspend the temporary use licence—the proposed suspension period;\n- (e) the holder of the licence may, within a reasonable period stated in the notice, make a submission to MEDQ to show why the proposed action should not be taken.\n- (a) to take the proposed action; or\n- (b) not to take any action; or\n- (c) if the proposed action is to amend the licence—to amend the licence in another way having regard to the submissions; or\n- (d) if the proposed action is to suspend the licence—to amend the licence having regard to the submissions; or\n- (e) if the proposed action is to cancel the licence— (i) to suspend the licence for a period; or (ii) to amend the licence having regard to the submissions.\n- (i) to suspend the licence for a period; or\n- (ii) to amend the licence having regard to the submissions.\n- (i) to suspend the licence for a period; or\n- (ii) to amend the licence having regard to the submissions.\n- (a) the day the notice is given to the holder of the temporary use licence; or\n- (b) a later day stated in the notice.","sortOrder":489},{"sectionNumber":"sec.171K","sectionType":"section","heading":"Delegations","content":"### sec.171K Delegations\n\nMEDQ may delegate MEDQ’s functions or powers under this division, other than under subdivision 4 , to any of the following—\nthe CEO;\nthe executive officer;\nan appropriately qualified employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH .\ns 171K ins 2020 No. 11 s 11\namd 2024 No. 32 s 58 ; 2024 No. 13 s 14\n- (a) the CEO;\n- (b) the executive officer;\n- (c) an appropriately qualified employee of the EDQ employing office who performs work for or within, or duties in, MEDQ under a mobility arrangement mentioned in section 32ZH .","sortOrder":490},{"sectionNumber":"ch.5-pt.3B-div.3","sectionType":"division","heading":"Effect of particular declarations under Planning Act 2016","content":"## Effect of particular declarations under Planning Act 2016","sortOrder":491},{"sectionNumber":"sec.171L","sectionType":"section","heading":"Effect of declarations under Planning Act 2016 , s 275O","content":"### sec.171L Effect of declarations under Planning Act 2016 , s 275O\n\nThis section applies if—\na declaration is made under the Planning Act 2016 , section 275O in relation to a use or class of uses; and\nany of the following has the effect of limiting the hours of operation of the use or a use of the class or restricting the movement of goods in relation to the use or a use of the class—\na provision of this Act;\na PDA development condition of a PDA development approval.\nFor the period the declaration is in effect, the provision or condition does not apply in relation to the carrying out of the use, or a use of the class, on premises in the area to which the declaration applies.\ns 171L ins 2020 No. 11 s 11\n(sec.171L-ssec.1) This section applies if— a declaration is made under the Planning Act 2016 , section 275O in relation to a use or class of uses; and any of the following has the effect of limiting the hours of operation of the use or a use of the class or restricting the movement of goods in relation to the use or a use of the class— a provision of this Act; a PDA development condition of a PDA development approval.\n(sec.171L-ssec.2) For the period the declaration is in effect, the provision or condition does not apply in relation to the carrying out of the use, or a use of the class, on premises in the area to which the declaration applies.\n- (a) a declaration is made under the Planning Act 2016 , section 275O in relation to a use or class of uses; and\n- (b) any of the following has the effect of limiting the hours of operation of the use or a use of the class or restricting the movement of goods in relation to the use or a use of the class— (i) a provision of this Act; (ii) a PDA development condition of a PDA development approval.\n- (i) a provision of this Act;\n- (ii) a PDA development condition of a PDA development approval.\n- (i) a provision of this Act;\n- (ii) a PDA development condition of a PDA development approval.","sortOrder":492},{"sectionNumber":"ch.5-pt.3B-div.4","sectionType":"division","heading":"Extending and suspending periods under Act","content":"## Extending and suspending periods under Act","sortOrder":493},{"sectionNumber":"sec.171M","sectionType":"section","heading":"Application of division","content":"### sec.171M Application of division\n\nThis division applies in relation to an applicable event notice for an applicable event.\ns 171M ins 2020 No. 11 s 11","sortOrder":494},{"sectionNumber":"sec.171N","sectionType":"section","heading":"Extension of periods for doing things under Act","content":"### sec.171N Extension of periods for doing things under Act\n\nThis section applies if MEDQ is satisfied that, because of the applicable event, it is necessary to extend a period under this Act for the doing of a thing (the relevant period ).\nthe period mentioned in section 36E (1) for the making of a provisional land use plan\nthe period mentioned in section 83A (1) (b) for giving requested information\nMEDQ may, by notice published on MEDQ’s website (an extension notice ), extend the relevant period by a stated period.\nThe extension notice must state that the extension applies in relation to the relevant period in either or both of the following circumstances—\nthe relevant period starts during the period the notice is in effect;\nthe relevant period had started, but not ended, before the notice took effect.\nThe extension notice—\nmust be published before the day that is 30 business days after the end of the applicable event period for the applicable event notice; and\nhas effect from the day the extension notice is published until the expiry day stated in the notice, unless the notice is earlier revoked.\nMEDQ may, by notice published on MEDQ’s website (a further extension notice ), further extend the relevant period by a stated period.\nThe further extension notice may state in relation to a relevant period whether the relevant period extended by a stated period under the extension notice will be further extended by the further extension notice.\nThe further extension notice—\nmust be published before the day mentioned in subsection (4) (a) and before the day the extension notice stops having effect; and\nhas effect from the day the extension notice stops having effect until the expiry day stated in the further extension notice, unless the further extension notice is earlier revoked.\nIf a relevant period is extended under an extension notice or a further extension notice, the extension continues to have effect even if the notice stops having effect.\nAn extension notice and a further extension notice are statutory instruments.\ns 171N ins 2020 No. 11 s 11\namd 2024 No. 32 s 3 sch 1 ; 2024 No. 13 s 15\n(sec.171N-ssec.1) This section applies if MEDQ is satisfied that, because of the applicable event, it is necessary to extend a period under this Act for the doing of a thing (the relevant period ). the period mentioned in section 36E (1) for the making of a provisional land use plan the period mentioned in section 83A (1) (b) for giving requested information\n(sec.171N-ssec.2) MEDQ may, by notice published on MEDQ’s website (an extension notice ), extend the relevant period by a stated period.\n(sec.171N-ssec.3) The extension notice must state that the extension applies in relation to the relevant period in either or both of the following circumstances— the relevant period starts during the period the notice is in effect; the relevant period had started, but not ended, before the notice took effect.\n(sec.171N-ssec.4) The extension notice— must be published before the day that is 30 business days after the end of the applicable event period for the applicable event notice; and has effect from the day the extension notice is published until the expiry day stated in the notice, unless the notice is earlier revoked.\n(sec.171N-ssec.5) MEDQ may, by notice published on MEDQ’s website (a further extension notice ), further extend the relevant period by a stated period.\n(sec.171N-ssec.6) The further extension notice may state in relation to a relevant period whether the relevant period extended by a stated period under the extension notice will be further extended by the further extension notice.\n(sec.171N-ssec.7) The further extension notice— must be published before the day mentioned in subsection (4) (a) and before the day the extension notice stops having effect; and has effect from the day the extension notice stops having effect until the expiry day stated in the further extension notice, unless the further extension notice is earlier revoked.\n(sec.171N-ssec.8) If a relevant period is extended under an extension notice or a further extension notice, the extension continues to have effect even if the notice stops having effect.\n(sec.171N-ssec.9) An extension notice and a further extension notice are statutory instruments.\n- • the period mentioned in section 36E (1) for the making of a provisional land use plan\n- • the period mentioned in section 83A (1) (b) for giving requested information\n- (a) the relevant period starts during the period the notice is in effect;\n- (b) the relevant period had started, but not ended, before the notice took effect.\n- (a) must be published before the day that is 30 business days after the end of the applicable event period for the applicable event notice; and\n- (b) has effect from the day the extension notice is published until the expiry day stated in the notice, unless the notice is earlier revoked.\n- (a) must be published before the day mentioned in subsection (4) (a) and before the day the extension notice stops having effect; and\n- (b) has effect from the day the extension notice stops having effect until the expiry day stated in the further extension notice, unless the further extension notice is earlier revoked.","sortOrder":495},{"sectionNumber":"sec.171O","sectionType":"section","heading":"Suspension of periods for doing things under Act","content":"### sec.171O Suspension of periods for doing things under Act\n\nThis section applies if MEDQ is satisfied that, because of the applicable event, it is necessary to suspend a period under this Act for the doing of a thing (the relevant period ).\nMEDQ may, by notice published on MEDQ’s website (a suspension notice ), suspend the relevant period for the period the notice is in effect.\nThe suspension notice must state that the suspension applies in relation to the relevant period in either or both of the following circumstances—\nthe relevant period starts during the period the notice is in effect;\nthe relevant period had started, but not ended, before the notice took effect.\nThe suspension notice—\nmust be published before the day that is 30 business days after the end of the applicable event period for the applicable event notice; and\nhas effect from the day the suspension notice is published until the expiry day stated in the notice, unless the notice is earlier revoked.\nMEDQ may, by notice published on MEDQ’s website (a further suspension notice ), further suspend the relevant period for the period the notice is in effect.\nThe further suspension notice may state in relation to a relevant period whether the relevant period suspended by a stated period under the suspension notice will be further suspended by the further suspension notice.\nThe further suspension notice—\nmust be published before the day mentioned in subsection (4) (a) and before the day the suspension notice stops having effect; and\nhas effect from the day the suspension notice stops having effect until the expiry day stated in the further suspension notice, unless the further suspension notice is earlier revoked.\nIf a suspension notice or further suspension notice is in effect in relation to the relevant period for the doing of a thing—\nthe relevant period is suspended; and\nthe doing of the thing has no effect.\nA suspension notice and a further suspension notice are statutory instruments.\ns 171O ins 2020 No. 11 s 11\namd 2024 No. 32 s 3 sch 1 ; 2024 No. 13 s 16\n(sec.171O-ssec.1) This section applies if MEDQ is satisfied that, because of the applicable event, it is necessary to suspend a period under this Act for the doing of a thing (the relevant period ).\n(sec.171O-ssec.2) MEDQ may, by notice published on MEDQ’s website (a suspension notice ), suspend the relevant period for the period the notice is in effect.\n(sec.171O-ssec.3) The suspension notice must state that the suspension applies in relation to the relevant period in either or both of the following circumstances— the relevant period starts during the period the notice is in effect; the relevant period had started, but not ended, before the notice took effect.\n(sec.171O-ssec.4) The suspension notice— must be published before the day that is 30 business days after the end of the applicable event period for the applicable event notice; and has effect from the day the suspension notice is published until the expiry day stated in the notice, unless the notice is earlier revoked.\n(sec.171O-ssec.5) MEDQ may, by notice published on MEDQ’s website (a further suspension notice ), further suspend the relevant period for the period the notice is in effect.\n(sec.171O-ssec.6) The further suspension notice may state in relation to a relevant period whether the relevant period suspended by a stated period under the suspension notice will be further suspended by the further suspension notice.\n(sec.171O-ssec.7) The further suspension notice— must be published before the day mentioned in subsection (4) (a) and before the day the suspension notice stops having effect; and has effect from the day the suspension notice stops having effect until the expiry day stated in the further suspension notice, unless the further suspension notice is earlier revoked.\n(sec.171O-ssec.8) If a suspension notice or further suspension notice is in effect in relation to the relevant period for the doing of a thing— the relevant period is suspended; and the doing of the thing has no effect.\n(sec.171O-ssec.9) A suspension notice and a further suspension notice are statutory instruments.\n- (a) the relevant period starts during the period the notice is in effect;\n- (b) the relevant period had started, but not ended, before the notice took effect.\n- (a) must be published before the day that is 30 business days after the end of the applicable event period for the applicable event notice; and\n- (b) has effect from the day the suspension notice is published until the expiry day stated in the notice, unless the notice is earlier revoked.\n- (a) must be published before the day mentioned in subsection (4) (a) and before the day the suspension notice stops having effect; and\n- (b) has effect from the day the suspension notice stops having effect until the expiry day stated in the further suspension notice, unless the further suspension notice is earlier revoked.\n- (a) the relevant period is suspended; and\n- (b) the doing of the thing has no effect.","sortOrder":496},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Other administrative matters","content":"# Other administrative matters","sortOrder":497},{"sectionNumber":"sec.172","sectionType":"section","heading":"Registers","content":"### sec.172 Registers\n\nMEDQ must keep a register of each of the following—\ndraft provisional land use plans that have taken effect;\nreports on draft provisional land use plans under section 36E (3) (a) ;\nprovisional land use plans that have taken effect, as amended from time to time;\neach amendment of a provisional land use plan made or proposed under section 36H or 36I ;\ninterim land use plans that have taken effect;\neach extension to an interim land use plan given under section 40ABA ;\neach proposed development scheme or proposed amendments of development schemes under chapter 3 , part 3 ;\nthe following information about PDA-associated development for a priority development area—\na description of the development, including plans and supporting documentation;\nwhether the development was declared by MEDQ under section 40C (1) or identified in the relevant development instrument for the area;\na description of the land on which the development is, or is proposed to be, located;\ndeclarations made by MEDQ under section 40C (1) ;\nreports on development schemes under section 63 (2) ;\ndevelopment schemes that have taken effect;\nPDA development applications;\nPDA development approvals;\nPDA exemption certificates;\nplace renewal area declarations;\nplace renewal frameworks;\ntemporary planning instruments;\na description of the land to which each housing agreement entered into by MEDQ applies;\ntemporary use licences given by MEDQ under section 171G .\nby-laws;\nspecial rates and charges;\ninfrastructure expenses recoupment charges;\ndirections given under sections 126A, 127 and 128 .\nFor subsection (1) (r) , the register of temporary use licences must, for each temporary use licence given by MEDQ, include all of the following documents or information—\nthe day the licence was given;\nthe licensed premises for the licence;\ndetails of the relevant change the subject of the licence;\na copy of the licence;\na copy of each notice of a decision to extend the period for which the licence has effect given under section 171JE ;\nif the period of the licence is extended under section 171JF —when the extended period ends;\na copy of each notice of a decision to make all or part of a requested amendment to the licence given under section 171JJ ;\nif the licence is cancelled under section 171JK or 171JM —the day the cancellation took effect;\nif the licence is amended under section 171JM —a copy of the notice of the decision to make the amendment given under section 171JM (4) ;\nif the licence is suspended under section 171JM —the period of the suspension.\nMEDQ may also keep a register of other documents or information relating to this Act that MEDQ considers appropriate.\nMEDQ may keep a register in the way it considers appropriate.\nHowever, the documents included in the registers must also be published on MEDQ’s website.\ns 172 amd 2014 No. 40 s 21 ; 2016 No. 17 s 125 ; 2019 No. 11 ss 68 , 106 ; 2024 No. 32 ss 59 , 3 sch 1 ; 2024 No. 13 s 17\n(sec.172-ssec.1) MEDQ must keep a register of each of the following— draft provisional land use plans that have taken effect; reports on draft provisional land use plans under section 36E (3) (a) ; provisional land use plans that have taken effect, as amended from time to time; each amendment of a provisional land use plan made or proposed under section 36H or 36I ; interim land use plans that have taken effect; each extension to an interim land use plan given under section 40ABA ; each proposed development scheme or proposed amendments of development schemes under chapter 3 , part 3 ; the following information about PDA-associated development for a priority development area— a description of the development, including plans and supporting documentation; whether the development was declared by MEDQ under section 40C (1) or identified in the relevant development instrument for the area; a description of the land on which the development is, or is proposed to be, located; declarations made by MEDQ under section 40C (1) ; reports on development schemes under section 63 (2) ; development schemes that have taken effect; PDA development applications; PDA development approvals; PDA exemption certificates; place renewal area declarations; place renewal frameworks; temporary planning instruments; a description of the land to which each housing agreement entered into by MEDQ applies; temporary use licences given by MEDQ under section 171G . by-laws; special rates and charges; infrastructure expenses recoupment charges; directions given under sections 126A, 127 and 128 .\n(sec.172-ssec.1A) For subsection (1) (r) , the register of temporary use licences must, for each temporary use licence given by MEDQ, include all of the following documents or information— the day the licence was given; the licensed premises for the licence; details of the relevant change the subject of the licence; a copy of the licence; a copy of each notice of a decision to extend the period for which the licence has effect given under section 171JE ; if the period of the licence is extended under section 171JF —when the extended period ends; a copy of each notice of a decision to make all or part of a requested amendment to the licence given under section 171JJ ; if the licence is cancelled under section 171JK or 171JM —the day the cancellation took effect; if the licence is amended under section 171JM —a copy of the notice of the decision to make the amendment given under section 171JM (4) ; if the licence is suspended under section 171JM —the period of the suspension.\n(sec.172-ssec.2) MEDQ may also keep a register of other documents or information relating to this Act that MEDQ considers appropriate.\n(sec.172-ssec.3) MEDQ may keep a register in the way it considers appropriate.\n(sec.172-ssec.4) However, the documents included in the registers must also be published on MEDQ’s website.\n- (a) draft provisional land use plans that have taken effect;\n- (b) reports on draft provisional land use plans under section 36E (3) (a) ;\n- (c) provisional land use plans that have taken effect, as amended from time to time;\n- (d) each amendment of a provisional land use plan made or proposed under section 36H or 36I ;\n- (e) interim land use plans that have taken effect;\n- (f) each extension to an interim land use plan given under section 40ABA ;\n- (g) each proposed development scheme or proposed amendments of development schemes under chapter 3 , part 3 ;\n- (h) the following information about PDA-associated development for a priority development area— (i) a description of the development, including plans and supporting documentation; (ii) whether the development was declared by MEDQ under section 40C (1) or identified in the relevant development instrument for the area; (iii) a description of the land on which the development is, or is proposed to be, located;\n- (i) a description of the development, including plans and supporting documentation;\n- (ii) whether the development was declared by MEDQ under section 40C (1) or identified in the relevant development instrument for the area;\n- (iii) a description of the land on which the development is, or is proposed to be, located;\n- (i) declarations made by MEDQ under section 40C (1) ;\n- (j) reports on development schemes under section 63 (2) ;\n- (k) development schemes that have taken effect;\n- (l) PDA development applications;\n- (m) PDA development approvals;\n- (n) PDA exemption certificates;\n- (o) place renewal area declarations;\n- (p) place renewal frameworks;\n- (q) temporary planning instruments;\n- (r) a description of the land to which each housing agreement entered into by MEDQ applies;\n- (r) temporary use licences given by MEDQ under section 171G .\n- (s) by-laws;\n- (t) special rates and charges;\n- (u) infrastructure expenses recoupment charges;\n- (v) directions given under sections 126A, 127 and 128 .\n- (i) a description of the development, including plans and supporting documentation;\n- (ii) whether the development was declared by MEDQ under section 40C (1) or identified in the relevant development instrument for the area;\n- (iii) a description of the land on which the development is, or is proposed to be, located;\n- (a) the day the licence was given;\n- (b) the licensed premises for the licence;\n- (c) details of the relevant change the subject of the licence;\n- (d) a copy of the licence;\n- (e) a copy of each notice of a decision to extend the period for which the licence has effect given under section 171JE ;\n- (f) if the period of the licence is extended under section 171JF —when the extended period ends;\n- (g) a copy of each notice of a decision to make all or part of a requested amendment to the licence given under section 171JJ ;\n- (h) if the licence is cancelled under section 171JK or 171JM —the day the cancellation took effect;\n- (i) if the licence is amended under section 171JM —a copy of the notice of the decision to make the amendment given under section 171JM (4) ;\n- (j) if the licence is suspended under section 171JM —the period of the suspension.","sortOrder":498},{"sectionNumber":"sec.173","sectionType":"section","heading":"Access to registers","content":"### sec.173 Access to registers\n\nMEDQ must—\nkeep each register open for inspection by the public during office hours on business days at the places MEDQ considers appropriate; and\nallow a person to search and take extracts from the register; and\ngive a person who asks for it a copy of all or part of a document or information held in the register, on payment of the fee decided by MEDQ.\nThe fee can not be more than the actual cost of giving the copy.\n(sec.173-ssec.1) MEDQ must— keep each register open for inspection by the public during office hours on business days at the places MEDQ considers appropriate; and allow a person to search and take extracts from the register; and give a person who asks for it a copy of all or part of a document or information held in the register, on payment of the fee decided by MEDQ.\n(sec.173-ssec.2) The fee can not be more than the actual cost of giving the copy.\n- (a) keep each register open for inspection by the public during office hours on business days at the places MEDQ considers appropriate; and\n- (b) allow a person to search and take extracts from the register; and\n- (c) give a person who asks for it a copy of all or part of a document or information held in the register, on payment of the fee decided by MEDQ.","sortOrder":499},{"sectionNumber":"sec.174","sectionType":"section","heading":null,"content":"### Section sec.174\n\ns 174 amd 2019 No. 11 s 231 s ch 1 pt 1\nom 2024 No. 32 s 60","sortOrder":500},{"sectionNumber":"sec.175","sectionType":"section","heading":"Approved forms","content":"### sec.175 Approved forms\n\nMEDQ may approve forms for use under this Act.","sortOrder":501},{"sectionNumber":"sec.176","sectionType":"section","heading":"Regulation-making power","content":"### sec.176 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\nprovide for development in 1 or more priority development areas to be identified as PDA assessable development or PDA accepted development; or\nprovide for any matter for which by-laws may be made; or\nimpose a penalty of no more than 20 penalty units for contravention of a regulation.\ns 176 amd 2019 No. 11 s 69\n(sec.176-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.176-ssec.2) A regulation may— provide for development in 1 or more priority development areas to be identified as PDA assessable development or PDA accepted development; or provide for any matter for which by-laws may be made; or impose a penalty of no more than 20 penalty units for contravention of a regulation.\n- (a) provide for development in 1 or more priority development areas to be identified as PDA assessable development or PDA accepted development; or\n- (b) provide for any matter for which by-laws may be made; or\n- (c) impose a penalty of no more than 20 penalty units for contravention of a regulation.","sortOrder":502},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":503},{"sectionNumber":"sec.177","sectionType":"section","heading":"Definitions for ch 6","content":"### sec.177 Definitions for ch 6\n\nIn this chapter—\ncommencement means the commencement of this section.\nformer entity means—\nthe corporation established under the repealed ID Act , section 5 ; or\nthe former ULDA.\nformer ULDA means the authority established under the repealed ULDA Act , section 93 .\nrepealed Sustainable Planning Act means the repealed Sustainable Planning Act 2009 .\ns 177 def repealed Sustainable Planning Act ins 2016 No. 27 s 196\nSPA development approval means a development approval under the repealed Sustainable Planning Act .\ns 177 def SPA development approval ins 2016 No. 27 s 196\ntransitioned UDA means a part of the State that was an urban development area under the repealed ULDA Act and, under section 190, is taken to be a priority development area under this Act.\n- (a) the corporation established under the repealed ID Act , section 5 ; or\n- (b) the former ULDA.","sortOrder":504},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Abolition of former entities and transfer of their assets etc.","content":"# Abolition of former entities and transfer of their assets etc.","sortOrder":505},{"sectionNumber":"sec.178","sectionType":"section","heading":"Abolition of former entity etc.","content":"### sec.178 Abolition of former entity etc.\n\nAt the commencement—\neach former entity is abolished; and\nthe members of the former ULDA stop being members of the authority; and\nthe appointment and employment of the chief executive officer of the former ULDA ends.\nSubsection (1)(b) or (c) does not affect the member’s or chief executive officer’s appointment in any other office.\n(sec.178-ssec.1) At the commencement— each former entity is abolished; and the members of the former ULDA stop being members of the authority; and the appointment and employment of the chief executive officer of the former ULDA ends.\n(sec.178-ssec.2) Subsection (1)(b) or (c) does not affect the member’s or chief executive officer’s appointment in any other office.\n- (a) each former entity is abolished; and\n- (b) the members of the former ULDA stop being members of the authority; and\n- (c) the appointment and employment of the chief executive officer of the former ULDA ends.","sortOrder":506},{"sectionNumber":"sec.179","sectionType":"section","heading":"Employees of former ULDA to be employed by department","content":"### sec.179 Employees of former ULDA to be employed by department\n\nThis section applies to a person who, immediately before the commencement, was employed by the former ULDA.\nFrom the commencement, the person is taken to be employed by the department on the same terms, conditions and entitlements as those applying to the person’s employment by the former ULDA immediately before commencement.\nAlso, the following applies for the person—\nthe person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an employee of the former ULDA;\nthe person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected;\ncontinuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;\nthe employment does not constitute a termination of employment or a retrenchment or redundancy;\nthe person is not entitled to a payment or other benefit because he or she is no longer employed by the former ULDA.\nSubject to this section, the chief executive may issue a direction to a person to facilitate the transition of employees from the former ULDA to the department.\nA person given a direction must comply with the direction.\nIf a person employed under subsection (2) was employed by the former ULDA under a contract, the person is taken to be employed by the department under the contract under which the person was employed before the commencement.\nIn this section—\nemployee , of the former ULDA, does not include the chief executive officer appointed under the repealed ULDA Act , section 120 .\n(sec.179-ssec.1) This section applies to a person who, immediately before the commencement, was employed by the former ULDA.\n(sec.179-ssec.2) From the commencement, the person is taken to be employed by the department on the same terms, conditions and entitlements as those applying to the person’s employment by the former ULDA immediately before commencement.\n(sec.179-ssec.3) Also, the following applies for the person— the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an employee of the former ULDA; the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected; continuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; the employment does not constitute a termination of employment or a retrenchment or redundancy; the person is not entitled to a payment or other benefit because he or she is no longer employed by the former ULDA.\n(sec.179-ssec.4) Subject to this section, the chief executive may issue a direction to a person to facilitate the transition of employees from the former ULDA to the department.\n(sec.179-ssec.5) A person given a direction must comply with the direction.\n(sec.179-ssec.6) If a person employed under subsection (2) was employed by the former ULDA under a contract, the person is taken to be employed by the department under the contract under which the person was employed before the commencement.\n(sec.179-ssec.7) In this section— employee , of the former ULDA, does not include the chief executive officer appointed under the repealed ULDA Act , section 120 .\n- (a) the person retains and is entitled to all rights, benefits and entitlements that have accrued to the person because of the person’s previous employment as an employee of the former ULDA;\n- (b) the person’s accruing rights, including to superannuation or recreation, sick, long service or other leave, are not affected;\n- (c) continuity of service is not interrupted, except that the person is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service;\n- (d) the employment does not constitute a termination of employment or a retrenchment or redundancy;\n- (e) the person is not entitled to a payment or other benefit because he or she is no longer employed by the former ULDA.","sortOrder":507},{"sectionNumber":"sec.180","sectionType":"section","heading":"MEDQ is legal successor","content":"### sec.180 MEDQ is legal successor\n\nMEDQ is the successor in law of each former entity.\nSubsection (1) is not limited by another provision of this part.\n(sec.180-ssec.1) MEDQ is the successor in law of each former entity.\n(sec.180-ssec.2) Subsection (1) is not limited by another provision of this part.","sortOrder":508},{"sectionNumber":"sec.181","sectionType":"section","heading":"Assets and liabilities etc. of a former entity","content":"### sec.181 Assets and liabilities etc. of a former entity\n\nAt the commencement—\nthe assets and liabilities of a former entity immediately before the commencement become assets and liabilities of MEDQ; and\nany infrastructure agreements, contracts, leases, licences, undertakings or other agreements or arrangements to which a former entity is a party, in force immediately before the commencement—\nare taken to have been entered into by MEDQ; and\nmay be enforced against or by MEDQ; and\nan arrangement under which the former ULDA was able to borrow an amount from another statutory body, for example, the Queensland Treasury Corporation\nany property that, immediately before the commencement, was held on trust or subject to a condition, by a former entity continues to be held on the same trust, or subject to the same condition, by MEDQ.\nThe registrar of titles or other person responsible for keeping a register for dealings in property must, if asked by MEDQ, record the vesting of property under this section in MEDQ.\n(sec.181-ssec.1) At the commencement— the assets and liabilities of a former entity immediately before the commencement become assets and liabilities of MEDQ; and any infrastructure agreements, contracts, leases, licences, undertakings or other agreements or arrangements to which a former entity is a party, in force immediately before the commencement— are taken to have been entered into by MEDQ; and may be enforced against or by MEDQ; and an arrangement under which the former ULDA was able to borrow an amount from another statutory body, for example, the Queensland Treasury Corporation any property that, immediately before the commencement, was held on trust or subject to a condition, by a former entity continues to be held on the same trust, or subject to the same condition, by MEDQ.\n(sec.181-ssec.2) The registrar of titles or other person responsible for keeping a register for dealings in property must, if asked by MEDQ, record the vesting of property under this section in MEDQ.\n- (a) the assets and liabilities of a former entity immediately before the commencement become assets and liabilities of MEDQ; and\n- (b) any infrastructure agreements, contracts, leases, licences, undertakings or other agreements or arrangements to which a former entity is a party, in force immediately before the commencement— (i) are taken to have been entered into by MEDQ; and (ii) may be enforced against or by MEDQ; and Example of another arrangement— an arrangement under which the former ULDA was able to borrow an amount from another statutory body, for example, the Queensland Treasury Corporation\n- (i) are taken to have been entered into by MEDQ; and\n- (ii) may be enforced against or by MEDQ; and\n- (c) any property that, immediately before the commencement, was held on trust or subject to a condition, by a former entity continues to be held on the same trust, or subject to the same condition, by MEDQ.\n- (i) are taken to have been entered into by MEDQ; and\n- (ii) may be enforced against or by MEDQ; and","sortOrder":509},{"sectionNumber":"sec.182","sectionType":"section","heading":"Proceeding not yet started by or against a former entity","content":"### sec.182 Proceeding not yet started by or against a former entity\n\nThis section applies if, immediately before the commencement, a proceeding could have been started by or against a former entity within a particular period (the prescribed period ).\nThe proceeding may be started by or against MEDQ within the prescribed period.\n(sec.182-ssec.1) This section applies if, immediately before the commencement, a proceeding could have been started by or against a former entity within a particular period (the prescribed period ).\n(sec.182-ssec.2) The proceeding may be started by or against MEDQ within the prescribed period.","sortOrder":510},{"sectionNumber":"sec.183","sectionType":"section","heading":"Proceeding to which a former entity was a party","content":"### sec.183 Proceeding to which a former entity was a party\n\nThis section applies to a proceeding that, immediately before the commencement, had not ended and to which a former entity was a party.\nAt the commencement, MEDQ becomes a party to the proceeding in place of the former entity.\n(sec.183-ssec.1) This section applies to a proceeding that, immediately before the commencement, had not ended and to which a former entity was a party.\n(sec.183-ssec.2) At the commencement, MEDQ becomes a party to the proceeding in place of the former entity.","sortOrder":511},{"sectionNumber":"sec.184","sectionType":"section","heading":"Records of former entity","content":"### sec.184 Records of former entity\n\nAll records of a former entity are records of MEDQ under this Act.","sortOrder":512},{"sectionNumber":"sec.185","sectionType":"section","heading":"References to former entity and former entity’s website","content":"### sec.185 References to former entity and former entity’s website\n\nIn an Act or document, a reference to a former entity is taken, if the context permits, to be a reference to MEDQ.\nIn an Act or document, a reference to a former entity’s website is taken, if the context permits, to be a reference to MEDQ’s website.\ns 185 amd 2024 No. 32 s 3 sch 1\n(sec.185-ssec.1) In an Act or document, a reference to a former entity is taken, if the context permits, to be a reference to MEDQ.\n(sec.185-ssec.2) In an Act or document, a reference to a former entity’s website is taken, if the context permits, to be a reference to MEDQ’s website.","sortOrder":513},{"sectionNumber":"sec.186","sectionType":"section","heading":"Amounts in Estates Construction Fund at the commencement","content":"### sec.186 Amounts in Estates Construction Fund at the commencement\n\nThe amount that, immediately before the commencement, is the balance credited to the Estates Construction Fund under the repealed ID Act forms part of the fund continued in existence under section 25.","sortOrder":514},{"sectionNumber":"sec.187","sectionType":"section","heading":"Annual reporting","content":"### sec.187 Annual reporting\n\nThis section applies if the commencement falls in the middle of a financial year.\nThe department’s annual report for the financial year must include information about the former entity’s operations that would have been required to be included in the department’s annual report if the repealed IDA Act and repealed ULDA Act had not been repealed.\nIn this section—\nannual report means annual report under the Financial Accountability Act 2009 .\n(sec.187-ssec.1) This section applies if the commencement falls in the middle of a financial year.\n(sec.187-ssec.2) The department’s annual report for the financial year must include information about the former entity’s operations that would have been required to be included in the department’s annual report if the repealed IDA Act and repealed ULDA Act had not been repealed.\n(sec.187-ssec.3) In this section— annual report means annual report under the Financial Accountability Act 2009 .","sortOrder":515},{"sectionNumber":"sec.188","sectionType":"section","heading":"Offences relating to former entity","content":"### sec.188 Offences relating to former entity\n\nThis section applies if—\nunder a provision of an Act, as in force before the commencement ( relevant law ), a person who did or omitted to do an act in relation to a former entity, or something done or required to be done by a former entity, committed an offence; and\nthe provision is—\namended by this Act so that it no longer applies in relation to the former entity, or something done or required to be done by the former entity; or\nrepealed by this Act.\nA proceeding for the offence may be continued or started, and the provisions of the relevant law that are necessary or convenient to be used in relation to the proceeding continue to apply, as if this Act had not commenced.\nFor subsection (2), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\nSubsection (2) applies despite the Criminal Code, section 11.\n(sec.188-ssec.1) This section applies if— under a provision of an Act, as in force before the commencement ( relevant law ), a person who did or omitted to do an act in relation to a former entity, or something done or required to be done by a former entity, committed an offence; and the provision is— amended by this Act so that it no longer applies in relation to the former entity, or something done or required to be done by the former entity; or repealed by this Act.\n(sec.188-ssec.2) A proceeding for the offence may be continued or started, and the provisions of the relevant law that are necessary or convenient to be used in relation to the proceeding continue to apply, as if this Act had not commenced.\n(sec.188-ssec.3) For subsection (2), the Acts Interpretation Act 1954 , section 20 applies, but does not limit the subsection.\n(sec.188-ssec.4) Subsection (2) applies despite the Criminal Code, section 11.\n- (a) under a provision of an Act, as in force before the commencement ( relevant law ), a person who did or omitted to do an act in relation to a former entity, or something done or required to be done by a former entity, committed an offence; and\n- (b) the provision is— (i) amended by this Act so that it no longer applies in relation to the former entity, or something done or required to be done by the former entity; or (ii) repealed by this Act.\n- (i) amended by this Act so that it no longer applies in relation to the former entity, or something done or required to be done by the former entity; or\n- (ii) repealed by this Act.\n- (i) amended by this Act so that it no longer applies in relation to the former entity, or something done or required to be done by the former entity; or\n- (ii) repealed by this Act.","sortOrder":516},{"sectionNumber":"sec.189","sectionType":"section","heading":"Other things done by former entity","content":"### sec.189 Other things done by former entity\n\nThis section applies to anything done by a former entity under an Act—\nwhose effect had not ended immediately before the commencement; and\nthat, at the commencement, is something that MEDQ can do under that Act; and\nthat is not otherwise dealt with by a provision of this part.\nThe thing done by the former entity—\ncontinues to have effect; and\nfrom the commencement, is taken to have been done by MEDQ.\nWithout limiting subsection (2)—\nthe performance of a function or exercise of a power under the repealed ULDA Act , section 99 that is still in effect immediately before the commencement is, from the commencement, taken to have been performed or exercised by MEDQ under section 124 of this Act; and\na special rate or charge on land made and levied under the repealed ULDA Act , section 101 that has not been paid immediately before the commencement is, from the commencement, taken to be made and levied by MEDQ under section 115 of this Act; and\na notice given by the former ULDA for a special rate or charge under the repealed ULDA Act , section 127 that has not been complied with immediately before the commencement is taken to have been given by MEDQ under section 117 of this Act; and\nany consultation conducted by the former ULDA under the repealed ULDA Act , section 136E before the commencement is taken to have been conducted by MEDQ under section 122 of this Act; and\na request made by the former ULDA under the repealed ULDA Act , section 139 that has not been complied with at the commencement is taken to be made by MEDQ under section 52 of this Act; and\nan endorsement, approval or decision (however called) given or made by a former entity, that is of a kind that MEDQ can give or make under an Act as in force at the commencement, is taken to have been given or made by MEDQ.\nendorsements given by the former ULDA under the Body Corporate and Community Management 1997 , section 60\napprovals of plans of subdivision given by the former ULDA under the repealed ULDA Act , section 80\n(sec.189-ssec.1) This section applies to anything done by a former entity under an Act— whose effect had not ended immediately before the commencement; and that, at the commencement, is something that MEDQ can do under that Act; and that is not otherwise dealt with by a provision of this part.\n(sec.189-ssec.2) The thing done by the former entity— continues to have effect; and from the commencement, is taken to have been done by MEDQ.\n(sec.189-ssec.3) Without limiting subsection (2)— the performance of a function or exercise of a power under the repealed ULDA Act , section 99 that is still in effect immediately before the commencement is, from the commencement, taken to have been performed or exercised by MEDQ under section 124 of this Act; and a special rate or charge on land made and levied under the repealed ULDA Act , section 101 that has not been paid immediately before the commencement is, from the commencement, taken to be made and levied by MEDQ under section 115 of this Act; and a notice given by the former ULDA for a special rate or charge under the repealed ULDA Act , section 127 that has not been complied with immediately before the commencement is taken to have been given by MEDQ under section 117 of this Act; and any consultation conducted by the former ULDA under the repealed ULDA Act , section 136E before the commencement is taken to have been conducted by MEDQ under section 122 of this Act; and a request made by the former ULDA under the repealed ULDA Act , section 139 that has not been complied with at the commencement is taken to be made by MEDQ under section 52 of this Act; and an endorsement, approval or decision (however called) given or made by a former entity, that is of a kind that MEDQ can give or make under an Act as in force at the commencement, is taken to have been given or made by MEDQ. endorsements given by the former ULDA under the Body Corporate and Community Management 1997 , section 60 approvals of plans of subdivision given by the former ULDA under the repealed ULDA Act , section 80\n- (a) whose effect had not ended immediately before the commencement; and\n- (b) that, at the commencement, is something that MEDQ can do under that Act; and\n- (c) that is not otherwise dealt with by a provision of this part.\n- (a) continues to have effect; and\n- (b) from the commencement, is taken to have been done by MEDQ.\n- (a) the performance of a function or exercise of a power under the repealed ULDA Act , section 99 that is still in effect immediately before the commencement is, from the commencement, taken to have been performed or exercised by MEDQ under section 124 of this Act; and\n- (b) a special rate or charge on land made and levied under the repealed ULDA Act , section 101 that has not been paid immediately before the commencement is, from the commencement, taken to be made and levied by MEDQ under section 115 of this Act; and\n- (c) a notice given by the former ULDA for a special rate or charge under the repealed ULDA Act , section 127 that has not been complied with immediately before the commencement is taken to have been given by MEDQ under section 117 of this Act; and\n- (d) any consultation conducted by the former ULDA under the repealed ULDA Act , section 136E before the commencement is taken to have been conducted by MEDQ under section 122 of this Act; and\n- (e) a request made by the former ULDA under the repealed ULDA Act , section 139 that has not been complied with at the commencement is taken to be made by MEDQ under section 52 of this Act; and\n- (f) an endorsement, approval or decision (however called) given or made by a former entity, that is of a kind that MEDQ can give or make under an Act as in force at the commencement, is taken to have been given or made by MEDQ. Examples for paragraph (f)— • endorsements given by the former ULDA under the Body Corporate and Community Management 1997 , section 60 • approvals of plans of subdivision given by the former ULDA under the repealed ULDA Act , section 80\n- • endorsements given by the former ULDA under the Body Corporate and Community Management 1997 , section 60\n- • approvals of plans of subdivision given by the former ULDA under the repealed ULDA Act , section 80\n- • endorsements given by the former ULDA under the Body Corporate and Community Management 1997 , section 60\n- • approvals of plans of subdivision given by the former ULDA under the repealed ULDA Act , section 80","sortOrder":517},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Existing urban development areas","content":"# Existing urban development areas","sortOrder":518},{"sectionNumber":"sec.190","sectionType":"section","heading":"Existing urban development areas","content":"### sec.190 Existing urban development areas\n\nA part of the State that was an urban development area under the repealed ULDA Act immediately before the commencement is, from the commencement, taken to be a priority development area under this Act.\nA transitioned UDA may keep the name given to it under the repealed ULDA Act .\nThe operation of subsection (1) is not affected by the transitioned UDA having a name that includes the term ‘urban development area’ or ‘UDA’.\n(sec.190-ssec.1) A part of the State that was an urban development area under the repealed ULDA Act immediately before the commencement is, from the commencement, taken to be a priority development area under this Act.\n(sec.190-ssec.2) A transitioned UDA may keep the name given to it under the repealed ULDA Act .\n(sec.190-ssec.3) The operation of subsection (1) is not affected by the transitioned UDA having a name that includes the term ‘urban development area’ or ‘UDA’.","sortOrder":519},{"sectionNumber":"sec.191","sectionType":"section","heading":"Existing interim land use plans for transitioned UDAs","content":"### sec.191 Existing interim land use plans for transitioned UDAs\n\nThis section applies if an interim land use plan made under the repealed ULDA Act for a transitioned UDA was in effect immediately before the commencement.\nFrom the commencement, the interim land use plan is taken to be an interim land use plan made under this Act for the transitioned UDA.\nThe interim land use plan applies with necessary and convenient changes to facilitate the application of this Act to the transitioned UDA.\nWithout limiting subsection (3)—\na reference in the interim land use plan to the former ULDA is taken to be a reference to MEDQ; and\na reference in the interim land use plan to urban development area is taken to be a reference to a transitioned UDA; and\na reference in the interim land use plan to any of the following terms is taken to be a reference to the corresponding term under this Act for priority development areas—\nUDA assessable development;\nUDA self-assessable development;\nUDA exempt development;\nUDA development application;\nUDA development approval;\nUDA preliminary approval;\nUDA development permit;\nUDA development condition.\nThe interim land use plan expires—\nsubject to paragraph (b), on the day it would have expired under the repealed ULDA Act , section 9 if that section had not been repealed; or\nif the former ULDA had prepared a proposed development scheme for the transitioned UDA, under the repealed ULDA Act , part 3 , division 1 —the earlier of the following—\nwhen MEDQ makes a development scheme under this Act for the transitioned UDA;\n60 business days after the commencement.\nWithout limiting subsection (2), the interim land use plan may be amended or revoked under this Act.\nThe interim land use plan may keep the name given to it under the repealed ULDA Act .\nThe operation of this section is not affected by the interim land use plan having a name that includes the term ‘urban development area’ or ‘UDA’.\n(sec.191-ssec.1) This section applies if an interim land use plan made under the repealed ULDA Act for a transitioned UDA was in effect immediately before the commencement.\n(sec.191-ssec.2) From the commencement, the interim land use plan is taken to be an interim land use plan made under this Act for the transitioned UDA.\n(sec.191-ssec.3) The interim land use plan applies with necessary and convenient changes to facilitate the application of this Act to the transitioned UDA.\n(sec.191-ssec.4) Without limiting subsection (3)— a reference in the interim land use plan to the former ULDA is taken to be a reference to MEDQ; and a reference in the interim land use plan to urban development area is taken to be a reference to a transitioned UDA; and a reference in the interim land use plan to any of the following terms is taken to be a reference to the corresponding term under this Act for priority development areas— UDA assessable development; UDA self-assessable development; UDA exempt development; UDA development application; UDA development approval; UDA preliminary approval; UDA development permit; UDA development condition.\n(sec.191-ssec.5) The interim land use plan expires— subject to paragraph (b), on the day it would have expired under the repealed ULDA Act , section 9 if that section had not been repealed; or if the former ULDA had prepared a proposed development scheme for the transitioned UDA, under the repealed ULDA Act , part 3 , division 1 —the earlier of the following— when MEDQ makes a development scheme under this Act for the transitioned UDA; 60 business days after the commencement.\n(sec.191-ssec.6) Without limiting subsection (2), the interim land use plan may be amended or revoked under this Act.\n(sec.191-ssec.7) The interim land use plan may keep the name given to it under the repealed ULDA Act .\n(sec.191-ssec.8) The operation of this section is not affected by the interim land use plan having a name that includes the term ‘urban development area’ or ‘UDA’.\n- (a) a reference in the interim land use plan to the former ULDA is taken to be a reference to MEDQ; and\n- (b) a reference in the interim land use plan to urban development area is taken to be a reference to a transitioned UDA; and\n- (c) a reference in the interim land use plan to any of the following terms is taken to be a reference to the corresponding term under this Act for priority development areas— (i) UDA assessable development; (ii) UDA self-assessable development; (iii) UDA exempt development; (iv) UDA development application; (v) UDA development approval; (vi) UDA preliminary approval; (vii) UDA development permit; (viii) UDA development condition.\n- (i) UDA assessable development;\n- (ii) UDA self-assessable development;\n- (iii) UDA exempt development;\n- (iv) UDA development application;\n- (v) UDA development approval;\n- (vi) UDA preliminary approval;\n- (vii) UDA development permit;\n- (viii) UDA development condition.\n- (i) UDA assessable development;\n- (ii) UDA self-assessable development;\n- (iii) UDA exempt development;\n- (iv) UDA development application;\n- (v) UDA development approval;\n- (vi) UDA preliminary approval;\n- (vii) UDA development permit;\n- (viii) UDA development condition.\n- (a) subject to paragraph (b), on the day it would have expired under the repealed ULDA Act , section 9 if that section had not been repealed; or\n- (b) if the former ULDA had prepared a proposed development scheme for the transitioned UDA, under the repealed ULDA Act , part 3 , division 1 —the earlier of the following— (i) when MEDQ makes a development scheme under this Act for the transitioned UDA; (ii) 60 business days after the commencement.\n- (i) when MEDQ makes a development scheme under this Act for the transitioned UDA;\n- (ii) 60 business days after the commencement.\n- (i) when MEDQ makes a development scheme under this Act for the transitioned UDA;\n- (ii) 60 business days after the commencement.","sortOrder":520},{"sectionNumber":"sec.192","sectionType":"section","heading":"MEDQ must make development scheme for transitioned UDA","content":"### sec.192 MEDQ must make development scheme for transitioned UDA\n\nThis section applies if, at the commencement, a development scheme has not been made under the repealed ULDA Act for a transitioned UDA.\nSubject to subsection (3), MEDQ must make a development scheme under this Act for the transitioned UDA.\nFor subsection (2), anything done or in existence in relation to a proposed development scheme under the repealed ULDA Act for the transitioned UDA is taken to have been done or in existence under this Act.\nIf, under subsection (3), MEDQ is taken to have complied with sections 58 to 61 for a proposed development scheme (the proposed scheme )—\nMEDQ must, as soon as practicable after the commencement, give each person (a submitter ) who made a submission received within the submission period about the proposed scheme a notice stating that—\nMEDQ is considering making the proposed scheme under this Act; and\nMEDQ’s report about the proposed scheme can be inspected on the department’s website; and\nif the submitter is an affected owner for the transitioned UDA—that the submitter may, within 20 business days after receiving the notice, ask MEDQ to amend the proposed scheme to protect the owner’s interests; and\nMEDQ may, within the prescribed period, amend the proposed scheme in a way MEDQ considers appropriate, including, for example, to—\nprotect an affected owner’s interests; or\nensure the implementation of the scheme complies with this Act; or\nmake a minor administrative amendment; and\nif MEDQ considers an amendment of the proposed scheme significantly changes the scheme, MEDQ must re-comply with sections 58 to 61 for the amended scheme.\nFor subsection (4)(b), the prescribed period is as follows—\n45 business days after the notice is given under subsection (4)(a);\nif, within 20 business days after being given the notice under subsection (4)(a), an affected owner for the transitioned UDA asks MEDQ to amend the proposed scheme to protect the affected owner’s interests and MEDQ requires additional time to consider a matter raised by the affected owner—the period mentioned in paragraph (a) plus a further period of not more than 20 business days decided by MEDQ;\nif a caretaker period occurs within the period mentioned in paragraph (a)—that period plus a further period equal to the caretaker period plus 20 business days.\nIn this section—\naffected owner , for a priority development area, means a person who owns land that—\nis in the area; or\nshares a common boundary with the area; or\nis benefited by an easement, registered under the Land Title Act 1994 , over the area or part of the area; or\nhas a boundary, along a road, that is directly opposite a boundary of the area, along the same road; or\nMEDQ considers may be negatively affected by development in the area having regard to—\nthe proximity of the land to the area; and\nthe impact the development, including any proposed development, may have on the character and amenity of the land.\n(sec.192-ssec.1) This section applies if, at the commencement, a development scheme has not been made under the repealed ULDA Act for a transitioned UDA.\n(sec.192-ssec.2) Subject to subsection (3), MEDQ must make a development scheme under this Act for the transitioned UDA.\n(sec.192-ssec.3) For subsection (2), anything done or in existence in relation to a proposed development scheme under the repealed ULDA Act for the transitioned UDA is taken to have been done or in existence under this Act.\n(sec.192-ssec.4) If, under subsection (3), MEDQ is taken to have complied with sections 58 to 61 for a proposed development scheme (the proposed scheme )— MEDQ must, as soon as practicable after the commencement, give each person (a submitter ) who made a submission received within the submission period about the proposed scheme a notice stating that— MEDQ is considering making the proposed scheme under this Act; and MEDQ’s report about the proposed scheme can be inspected on the department’s website; and if the submitter is an affected owner for the transitioned UDA—that the submitter may, within 20 business days after receiving the notice, ask MEDQ to amend the proposed scheme to protect the owner’s interests; and MEDQ may, within the prescribed period, amend the proposed scheme in a way MEDQ considers appropriate, including, for example, to— protect an affected owner’s interests; or ensure the implementation of the scheme complies with this Act; or make a minor administrative amendment; and if MEDQ considers an amendment of the proposed scheme significantly changes the scheme, MEDQ must re-comply with sections 58 to 61 for the amended scheme.\n(sec.192-ssec.5) For subsection (4)(b), the prescribed period is as follows— 45 business days after the notice is given under subsection (4)(a); if, within 20 business days after being given the notice under subsection (4)(a), an affected owner for the transitioned UDA asks MEDQ to amend the proposed scheme to protect the affected owner’s interests and MEDQ requires additional time to consider a matter raised by the affected owner—the period mentioned in paragraph (a) plus a further period of not more than 20 business days decided by MEDQ; if a caretaker period occurs within the period mentioned in paragraph (a)—that period plus a further period equal to the caretaker period plus 20 business days.\n(sec.192-ssec.6) In this section— affected owner , for a priority development area, means a person who owns land that— is in the area; or shares a common boundary with the area; or is benefited by an easement, registered under the Land Title Act 1994 , over the area or part of the area; or has a boundary, along a road, that is directly opposite a boundary of the area, along the same road; or MEDQ considers may be negatively affected by development in the area having regard to— the proximity of the land to the area; and the impact the development, including any proposed development, may have on the character and amenity of the land.\n- (a) MEDQ must, as soon as practicable after the commencement, give each person (a submitter ) who made a submission received within the submission period about the proposed scheme a notice stating that— (i) MEDQ is considering making the proposed scheme under this Act; and (ii) MEDQ’s report about the proposed scheme can be inspected on the department’s website; and (iii) if the submitter is an affected owner for the transitioned UDA—that the submitter may, within 20 business days after receiving the notice, ask MEDQ to amend the proposed scheme to protect the owner’s interests; and\n- (i) MEDQ is considering making the proposed scheme under this Act; and\n- (ii) MEDQ’s report about the proposed scheme can be inspected on the department’s website; and\n- (iii) if the submitter is an affected owner for the transitioned UDA—that the submitter may, within 20 business days after receiving the notice, ask MEDQ to amend the proposed scheme to protect the owner’s interests; and\n- (b) MEDQ may, within the prescribed period, amend the proposed scheme in a way MEDQ considers appropriate, including, for example, to— (i) protect an affected owner’s interests; or (ii) ensure the implementation of the scheme complies with this Act; or (iii) make a minor administrative amendment; and\n- (i) protect an affected owner’s interests; or\n- (ii) ensure the implementation of the scheme complies with this Act; or\n- (iii) make a minor administrative amendment; and\n- (c) if MEDQ considers an amendment of the proposed scheme significantly changes the scheme, MEDQ must re-comply with sections 58 to 61 for the amended scheme.\n- (i) MEDQ is considering making the proposed scheme under this Act; and\n- (ii) MEDQ’s report about the proposed scheme can be inspected on the department’s website; and\n- (iii) if the submitter is an affected owner for the transitioned UDA—that the submitter may, within 20 business days after receiving the notice, ask MEDQ to amend the proposed scheme to protect the owner’s interests; and\n- (i) protect an affected owner’s interests; or\n- (ii) ensure the implementation of the scheme complies with this Act; or\n- (iii) make a minor administrative amendment; and\n- (a) 45 business days after the notice is given under subsection (4)(a);\n- (b) if, within 20 business days after being given the notice under subsection (4)(a), an affected owner for the transitioned UDA asks MEDQ to amend the proposed scheme to protect the affected owner’s interests and MEDQ requires additional time to consider a matter raised by the affected owner—the period mentioned in paragraph (a) plus a further period of not more than 20 business days decided by MEDQ;\n- (c) if a caretaker period occurs within the period mentioned in paragraph (a)—that period plus a further period equal to the caretaker period plus 20 business days.\n- (a) is in the area; or\n- (b) shares a common boundary with the area; or\n- (c) is benefited by an easement, registered under the Land Title Act 1994 , over the area or part of the area; or\n- (d) has a boundary, along a road, that is directly opposite a boundary of the area, along the same road; or\n- (e) MEDQ considers may be negatively affected by development in the area having regard to— (i) the proximity of the land to the area; and (ii) the impact the development, including any proposed development, may have on the character and amenity of the land.\n- (i) the proximity of the land to the area; and\n- (ii) the impact the development, including any proposed development, may have on the character and amenity of the land.\n- (i) the proximity of the land to the area; and\n- (ii) the impact the development, including any proposed development, may have on the character and amenity of the land.","sortOrder":521},{"sectionNumber":"sec.193","sectionType":"section","heading":"Existing development schemes for transitioned UDAs","content":"### sec.193 Existing development schemes for transitioned UDAs\n\nThis section applies if a development scheme made under the repealed ULDA Act for a transitioned UDA was in effect immediately before the commencement.\nFrom the commencement, the development scheme is taken to be a development scheme made under this Act for the transitioned UDA.\nThe development scheme applies with necessary and convenient changes to facilitate the application of this Act to the transitioned UDA.\nWithout limiting subsection (3)—\na reference in the development scheme to the former ULDA is taken to be a reference to MEDQ; and\na reference in the development scheme to urban development area is taken to be a reference to a transitioned UDA; and\na reference in the development scheme to any of the following terms is taken to be a reference to the corresponding term under this Act for priority development areas—\nUDA assessable development;\nUDA self-assessable development;\nUDA exempt development;\nUDA development application;\nUDA development approval;\nUDA preliminary approval;\nUDA development permit;\nUDA development condition.\nWithout limiting subsection (2), the development scheme may be amended or revoked by MEDQ under this Act.\nFor subsection (5), anything done by the former ULDA in relation to amending the development scheme under the repealed ULDA Act is taken to have been done by MEDQ under this Act.\n(sec.193-ssec.1) This section applies if a development scheme made under the repealed ULDA Act for a transitioned UDA was in effect immediately before the commencement.\n(sec.193-ssec.2) From the commencement, the development scheme is taken to be a development scheme made under this Act for the transitioned UDA.\n(sec.193-ssec.3) The development scheme applies with necessary and convenient changes to facilitate the application of this Act to the transitioned UDA.\n(sec.193-ssec.4) Without limiting subsection (3)— a reference in the development scheme to the former ULDA is taken to be a reference to MEDQ; and a reference in the development scheme to urban development area is taken to be a reference to a transitioned UDA; and a reference in the development scheme to any of the following terms is taken to be a reference to the corresponding term under this Act for priority development areas— UDA assessable development; UDA self-assessable development; UDA exempt development; UDA development application; UDA development approval; UDA preliminary approval; UDA development permit; UDA development condition.\n(sec.193-ssec.5) Without limiting subsection (2), the development scheme may be amended or revoked by MEDQ under this Act.\n(sec.193-ssec.6) For subsection (5), anything done by the former ULDA in relation to amending the development scheme under the repealed ULDA Act is taken to have been done by MEDQ under this Act.\n- (a) a reference in the development scheme to the former ULDA is taken to be a reference to MEDQ; and\n- (b) a reference in the development scheme to urban development area is taken to be a reference to a transitioned UDA; and\n- (c) a reference in the development scheme to any of the following terms is taken to be a reference to the corresponding term under this Act for priority development areas— (i) UDA assessable development; (ii) UDA self-assessable development; (iii) UDA exempt development; (iv) UDA development application; (v) UDA development approval; (vi) UDA preliminary approval; (vii) UDA development permit; (viii) UDA development condition.\n- (i) UDA assessable development;\n- (ii) UDA self-assessable development;\n- (iii) UDA exempt development;\n- (iv) UDA development application;\n- (v) UDA development approval;\n- (vi) UDA preliminary approval;\n- (vii) UDA development permit;\n- (viii) UDA development condition.\n- (i) UDA assessable development;\n- (ii) UDA self-assessable development;\n- (iii) UDA exempt development;\n- (iv) UDA development application;\n- (v) UDA development approval;\n- (vi) UDA preliminary approval;\n- (vii) UDA development permit;\n- (viii) UDA development condition.","sortOrder":522},{"sectionNumber":"sec.194","sectionType":"section","heading":"Application of this Act to transitioned UDAs","content":"### sec.194 Application of this Act to transitioned UDAs\n\nThis section provides for the application of this Act to transitioned UDAs.\nThis Act applies in relation to a transitioned UDA with necessary and convenient changes, including, for example, changes to allow for—\nthe transitioned UDA having been declared before the commencement of this Act; and\na transitioned interim land use plan or transitioned development scheme, or an amendment of a transitioned development scheme, having been made before the commencement of this Act.\nWithout limiting subsection (2), and to remove any doubt, it is declared that—\ndevelopment that a transitioned interim land use plan or transitioned development scheme for the transitioned UDA provides is UDA assessable development is PDA assessable development under this Act for the transitioned UDA; and\ndevelopment that a transitioned interim land use plan or transitioned development scheme for the transitioned UDA provides is UDA self-assessable development is PDA self-assessable development under this Act for the transitioned UDA.\nIn this section—\ntransitioned development scheme means a development scheme made under the repealed ULDA Act that, under section 193, is taken to be made under this Act.\ntransitioned interim land use plan means an interim land use plan made under the repealed ULDA Act that, under section 191, is taken to be made under this Act.\n(sec.194-ssec.1) This section provides for the application of this Act to transitioned UDAs.\n(sec.194-ssec.2) This Act applies in relation to a transitioned UDA with necessary and convenient changes, including, for example, changes to allow for— the transitioned UDA having been declared before the commencement of this Act; and a transitioned interim land use plan or transitioned development scheme, or an amendment of a transitioned development scheme, having been made before the commencement of this Act.\n(sec.194-ssec.3) Without limiting subsection (2), and to remove any doubt, it is declared that— development that a transitioned interim land use plan or transitioned development scheme for the transitioned UDA provides is UDA assessable development is PDA assessable development under this Act for the transitioned UDA; and development that a transitioned interim land use plan or transitioned development scheme for the transitioned UDA provides is UDA self-assessable development is PDA self-assessable development under this Act for the transitioned UDA.\n(sec.194-ssec.4) In this section— transitioned development scheme means a development scheme made under the repealed ULDA Act that, under section 193, is taken to be made under this Act. transitioned interim land use plan means an interim land use plan made under the repealed ULDA Act that, under section 191, is taken to be made under this Act.\n- (a) the transitioned UDA having been declared before the commencement of this Act; and\n- (b) a transitioned interim land use plan or transitioned development scheme, or an amendment of a transitioned development scheme, having been made before the commencement of this Act.\n- (a) development that a transitioned interim land use plan or transitioned development scheme for the transitioned UDA provides is UDA assessable development is PDA assessable development under this Act for the transitioned UDA; and\n- (b) development that a transitioned interim land use plan or transitioned development scheme for the transitioned UDA provides is UDA self-assessable development is PDA self-assessable development under this Act for the transitioned UDA.","sortOrder":523},{"sectionNumber":"sec.195","sectionType":"section","heading":"Relationship with repealed Sustainable Planning Act","content":"### sec.195 Relationship with repealed Sustainable Planning Act\n\nSubsection (2) applies if—\nthe repealed ULDA Act , section 13 applied to a SPA development application; and\nthe application has not been decided at the commencement.\nThe repealed ULDA Act , section 13 continues to apply in relation to the application as if that Act had not been repealed.\nAn SPA development approval for land in a transitioned UDA granted under the repealed ULDA Act , section 13 (2) (whether before the commencement or under subsection (2)) is taken to be an SPA development approval for land in the transitioned UDA granted under section 44(2) of this Act.\nAn SPA development approval for land in a transitioned UDA continued under the repealed ULDA Act , section 14 is taken to be an SPA development approval for land in the transitioned UDA continued under section 45 of this Act.\nAn application relating to the Northshore Hamilton urban development area made under the repealed ULDA Act , section 14A that has not been decided at the commencement may be decided by MEDQ under section 46 of this Act.\nFor subsection (5), anything done by the former ULDA in relation to the application under the repealed ULDA Act is taken to have been done by MEDQ.\nA community infrastructure designation continued in force, under the repealed ULDA Act , section 15 (2) , for land in a transitioned UDA is, from the commencement, taken to be a community infrastructure designation for land in the transitioned UDA continued in force under section 47(2) of this Act.\nIn this section—\ncommunity infrastructure designation means a community infrastructure designation under the repealed Sustainable Planning Act .\nSPA development application means a development application under the repealed Sustainable Planning Act .\ns 195 amd 2016 No. 27 s 197\n(sec.195-ssec.1) Subsection (2) applies if— the repealed ULDA Act , section 13 applied to a SPA development application; and the application has not been decided at the commencement.\n(sec.195-ssec.2) The repealed ULDA Act , section 13 continues to apply in relation to the application as if that Act had not been repealed.\n(sec.195-ssec.3) An SPA development approval for land in a transitioned UDA granted under the repealed ULDA Act , section 13 (2) (whether before the commencement or under subsection (2)) is taken to be an SPA development approval for land in the transitioned UDA granted under section 44(2) of this Act.\n(sec.195-ssec.4) An SPA development approval for land in a transitioned UDA continued under the repealed ULDA Act , section 14 is taken to be an SPA development approval for land in the transitioned UDA continued under section 45 of this Act.\n(sec.195-ssec.5) An application relating to the Northshore Hamilton urban development area made under the repealed ULDA Act , section 14A that has not been decided at the commencement may be decided by MEDQ under section 46 of this Act.\n(sec.195-ssec.6) For subsection (5), anything done by the former ULDA in relation to the application under the repealed ULDA Act is taken to have been done by MEDQ.\n(sec.195-ssec.7) A community infrastructure designation continued in force, under the repealed ULDA Act , section 15 (2) , for land in a transitioned UDA is, from the commencement, taken to be a community infrastructure designation for land in the transitioned UDA continued in force under section 47(2) of this Act.\n(sec.195-ssec.8) In this section— community infrastructure designation means a community infrastructure designation under the repealed Sustainable Planning Act . SPA development application means a development application under the repealed Sustainable Planning Act . s 195 amd 2016 No. 27 s 197\n- (a) the repealed ULDA Act , section 13 applied to a SPA development application; and\n- (b) the application has not been decided at the commencement.","sortOrder":524},{"sectionNumber":"sec.196","sectionType":"section","heading":"Regulation about transitioned UDAs","content":"### sec.196 Regulation about transitioned UDAs\n\nA regulation under this Act may include details of the following—\neach transitioned UDA;\nany of the following applying to a transitioned UDA—\nan interim land use plan;\na development scheme or an amendment of a development scheme.\nA reference in section 42 to a declaration regulation includes a reference to a regulation made under subsection (1)(a).\nSubsection (4) applies if—\na regulation made under subsection (1) includes an interim land use plan or development scheme that was made by adopting, applying or incorporating all or part of another document (the adopted provisions ); and\nthe adopted provisions are not part of, or attached to, the regulation.\nThe Minister must, when the regulation is tabled in the Legislative Assembly under the Statutory Instruments Act 1992 , section 49, also table a copy of the adopted provisions.\nMEDQ must keep a register of interim land use plans and development schemes, as amended from time to time, and publish them on MEDQ’s website. See section 172.\nA failure to comply with subsection (4) does not invalidate or otherwise affect the regulation.\ns 196 amd 2024 No. 32 s 3 sch 1\n(sec.196-ssec.1) A regulation under this Act may include details of the following— each transitioned UDA; any of the following applying to a transitioned UDA— an interim land use plan; a development scheme or an amendment of a development scheme.\n(sec.196-ssec.2) A reference in section 42 to a declaration regulation includes a reference to a regulation made under subsection (1)(a).\n(sec.196-ssec.3) Subsection (4) applies if— a regulation made under subsection (1) includes an interim land use plan or development scheme that was made by adopting, applying or incorporating all or part of another document (the adopted provisions ); and the adopted provisions are not part of, or attached to, the regulation.\n(sec.196-ssec.4) The Minister must, when the regulation is tabled in the Legislative Assembly under the Statutory Instruments Act 1992 , section 49, also table a copy of the adopted provisions. MEDQ must keep a register of interim land use plans and development schemes, as amended from time to time, and publish them on MEDQ’s website. See section 172.\n(sec.196-ssec.5) A failure to comply with subsection (4) does not invalidate or otherwise affect the regulation.\n- (a) each transitioned UDA;\n- (b) any of the following applying to a transitioned UDA— (i) an interim land use plan; (ii) a development scheme or an amendment of a development scheme.\n- (i) an interim land use plan;\n- (ii) a development scheme or an amendment of a development scheme.\n- (i) an interim land use plan;\n- (ii) a development scheme or an amendment of a development scheme.\n- (a) a regulation made under subsection (1) includes an interim land use plan or development scheme that was made by adopting, applying or incorporating all or part of another document (the adopted provisions ); and\n- (b) the adopted provisions are not part of, or attached to, the regulation.","sortOrder":525},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Provisions about cessation of an urban development area","content":"# Provisions about cessation of an urban development area","sortOrder":526},{"sectionNumber":"sec.197","sectionType":"section","heading":"Particular provisions about land or premises that were in urban development area","content":"### sec.197 Particular provisions about land or premises that were in urban development area\n\nThe repeal of the ULDA Act does not affect the operation of the following provisions of that Act applying to land or premises in an area that ceased to be an urban development area under that Act before the commencement—\nsection 16(2);\nsection 18;\nsection 19.\nSubsection (1) does not limit the Acts Interpretation Act 1954 , section 20.\n(sec.197-ssec.1) The repeal of the ULDA Act does not affect the operation of the following provisions of that Act applying to land or premises in an area that ceased to be an urban development area under that Act before the commencement— section 16(2); section 18; section 19.\n(sec.197-ssec.2) Subsection (1) does not limit the Acts Interpretation Act 1954 , section 20.\n- (a) section 16(2);\n- (b) section 18;\n- (c) section 19.","sortOrder":527},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Development and uses in existing urban development areas","content":"# Development and uses in existing urban development areas","sortOrder":528},{"sectionNumber":"sec.198","sectionType":"section","heading":"Existing UDA development applications","content":"### sec.198 Existing UDA development applications\n\nThis section applies to a UDA development application made under the repealed ULDA Act that—\nwas a properly made application under the repealed ULDA Act , section 51 ; and\nhas not been decided at the commencement.\nSubject to subsections (3) to (5), the UDA development application is taken to be a PDA development application made under this Act and must be decided by MEDQ under this Act.\nFor subsection (2)—\nanything done or existing in relation to the UDA development application under the repealed ULDA Act is taken to have been done or existing in relation to the PDA development application under this Act; and\na reference in sections 86 and 87 to a proposed development scheme includes a reference to a proposed development scheme, or a proposed amendment of a development scheme, published under the repealed ULDA Act , section 25 , or section 25 as applied under section 38 of that Act, that has not taken effect before the commencement.\nDespite section 87(1)(a), MEDQ must consider the main purposes of the repealed ULDA Act , not the main purpose of this Act, in deciding the application.\nIf the repealed ULDA Act , section 17 applied to the UDA development application—\nthe application must be decided as if the land the subject of the application were in a priority development area; and\nif a PDA development approval is granted because of the application, the approval is, immediately after it takes effect under this Act, taken to be an SPA development approval.\n(sec.198-ssec.1) This section applies to a UDA development application made under the repealed ULDA Act that— was a properly made application under the repealed ULDA Act , section 51 ; and has not been decided at the commencement.\n(sec.198-ssec.2) Subject to subsections (3) to (5), the UDA development application is taken to be a PDA development application made under this Act and must be decided by MEDQ under this Act.\n(sec.198-ssec.3) For subsection (2)— anything done or existing in relation to the UDA development application under the repealed ULDA Act is taken to have been done or existing in relation to the PDA development application under this Act; and a reference in sections 86 and 87 to a proposed development scheme includes a reference to a proposed development scheme, or a proposed amendment of a development scheme, published under the repealed ULDA Act , section 25 , or section 25 as applied under section 38 of that Act, that has not taken effect before the commencement.\n(sec.198-ssec.4) Despite section 87(1)(a), MEDQ must consider the main purposes of the repealed ULDA Act , not the main purpose of this Act, in deciding the application.\n(sec.198-ssec.5) If the repealed ULDA Act , section 17 applied to the UDA development application— the application must be decided as if the land the subject of the application were in a priority development area; and if a PDA development approval is granted because of the application, the approval is, immediately after it takes effect under this Act, taken to be an SPA development approval.\n- (a) was a properly made application under the repealed ULDA Act , section 51 ; and\n- (b) has not been decided at the commencement.\n- (a) anything done or existing in relation to the UDA development application under the repealed ULDA Act is taken to have been done or existing in relation to the PDA development application under this Act; and\n- (b) a reference in sections 86 and 87 to a proposed development scheme includes a reference to a proposed development scheme, or a proposed amendment of a development scheme, published under the repealed ULDA Act , section 25 , or section 25 as applied under section 38 of that Act, that has not taken effect before the commencement.\n- (a) the application must be decided as if the land the subject of the application were in a priority development area; and\n- (b) if a PDA development approval is granted because of the application, the approval is, immediately after it takes effect under this Act, taken to be an SPA development approval.","sortOrder":529},{"sectionNumber":"sec.199","sectionType":"section","heading":"Appeals against existing decisions on UDA development applications","content":"### sec.199 Appeals against existing decisions on UDA development applications\n\nSubsection (2) applies if—\nimmediately before the commencement, a person could have, under the repealed ULDA Act , section 61 , appealed to the Planning and Environment Court against the former ULDA’s decision to impose a UDA development condition that includes a nominated assessing authority; and\nat the commencement—\nthe period within which the appeal could have been started (the appeal period ) has not ended; and\nthe person has not started the appeal.\nThe person may, within the appeal period, appeal to the Planning and Environment Court against the decision, and the court must hear and decide the appeal under the repealed ULDA Act as if it had not been repealed.\nSubsection (4) applies if—\nbefore the commencement, a person has, under the repealed ULDA Act , appealed to the Planning and Environment Court against a decision of the former ULDA; and\nthe appeal has not been finally dealt with at the commencement.\nThe Planning and Environment Court must hear, or continue to hear, and decide the appeal under the repealed ULDA Act as if it had not been repealed.\nMEDQ must give effect to the outcome of an appeal started under subsection (2), or continued under subsection (4), in relation to the relevant PDA development approval under this Act.\nIf the appeal relates to land that has ceased to be in an urban development area under the repealed ULDA Act , and section 16 (3) of that Act applied to the appeal, the appeal must be decided as if the cessation had not happened.\n(sec.199-ssec.1) Subsection (2) applies if— immediately before the commencement, a person could have, under the repealed ULDA Act , section 61 , appealed to the Planning and Environment Court against the former ULDA’s decision to impose a UDA development condition that includes a nominated assessing authority; and at the commencement— the period within which the appeal could have been started (the appeal period ) has not ended; and the person has not started the appeal.\n(sec.199-ssec.2) The person may, within the appeal period, appeal to the Planning and Environment Court against the decision, and the court must hear and decide the appeal under the repealed ULDA Act as if it had not been repealed.\n(sec.199-ssec.3) Subsection (4) applies if— before the commencement, a person has, under the repealed ULDA Act , appealed to the Planning and Environment Court against a decision of the former ULDA; and the appeal has not been finally dealt with at the commencement.\n(sec.199-ssec.4) The Planning and Environment Court must hear, or continue to hear, and decide the appeal under the repealed ULDA Act as if it had not been repealed.\n(sec.199-ssec.5) MEDQ must give effect to the outcome of an appeal started under subsection (2), or continued under subsection (4), in relation to the relevant PDA development approval under this Act.\n(sec.199-ssec.6) If the appeal relates to land that has ceased to be in an urban development area under the repealed ULDA Act , and section 16 (3) of that Act applied to the appeal, the appeal must be decided as if the cessation had not happened.\n- (a) immediately before the commencement, a person could have, under the repealed ULDA Act , section 61 , appealed to the Planning and Environment Court against the former ULDA’s decision to impose a UDA development condition that includes a nominated assessing authority; and\n- (b) at the commencement— (i) the period within which the appeal could have been started (the appeal period ) has not ended; and (ii) the person has not started the appeal.\n- (i) the period within which the appeal could have been started (the appeal period ) has not ended; and\n- (ii) the person has not started the appeal.\n- (i) the period within which the appeal could have been started (the appeal period ) has not ended; and\n- (ii) the person has not started the appeal.\n- (a) before the commencement, a person has, under the repealed ULDA Act , appealed to the Planning and Environment Court against a decision of the former ULDA; and\n- (b) the appeal has not been finally dealt with at the commencement.","sortOrder":530},{"sectionNumber":"sec.200","sectionType":"section","heading":"Ministerial call in for existing decisions on UDA development applications not started at the commencement","content":"### sec.200 Ministerial call in for existing decisions on UDA development applications not started at the commencement\n\nThis section applies if—\nimmediately before the commencement, the Minister administering the repealed ULDA Act could have, under the repealed ULDA Act , section 63 , called in a UDA development application for which a decision notice had been given by the former ULDA; and\nat the commencement—\nthe period within which the application could have been called in (the call in period ) has not ended; and\nthe Minister has not called in the application.\nThe Minister may, by notice to MEDQ given before the call in period ends, call in the application.\nThe repealed ULDA Act , sections 64 to 66 apply in relation to the call in as if—\na reference to the call in notice were a reference to the notice given under subsection (2); and\nthe requirement to give a copy of the call in notice under the repealed ULDA Act , section 65 were a requirement that MEDQ give the copy to the persons mentioned in that section.\nThe Minister’s decision on the call in is taken, for this Act other than section 90, to be a decision of MEDQ on a development application decided under section 198.\nTo remove any doubt, it is declared that no right of appeal applies under the repealed ULDA Act , section 61 or section 90 of this Act in relation to the Minister’s decision on the call in.\n(sec.200-ssec.1) This section applies if— immediately before the commencement, the Minister administering the repealed ULDA Act could have, under the repealed ULDA Act , section 63 , called in a UDA development application for which a decision notice had been given by the former ULDA; and at the commencement— the period within which the application could have been called in (the call in period ) has not ended; and the Minister has not called in the application.\n(sec.200-ssec.2) The Minister may, by notice to MEDQ given before the call in period ends, call in the application.\n(sec.200-ssec.3) The repealed ULDA Act , sections 64 to 66 apply in relation to the call in as if— a reference to the call in notice were a reference to the notice given under subsection (2); and the requirement to give a copy of the call in notice under the repealed ULDA Act , section 65 were a requirement that MEDQ give the copy to the persons mentioned in that section.\n(sec.200-ssec.4) The Minister’s decision on the call in is taken, for this Act other than section 90, to be a decision of MEDQ on a development application decided under section 198.\n(sec.200-ssec.5) To remove any doubt, it is declared that no right of appeal applies under the repealed ULDA Act , section 61 or section 90 of this Act in relation to the Minister’s decision on the call in.\n- (a) immediately before the commencement, the Minister administering the repealed ULDA Act could have, under the repealed ULDA Act , section 63 , called in a UDA development application for which a decision notice had been given by the former ULDA; and\n- (b) at the commencement— (i) the period within which the application could have been called in (the call in period ) has not ended; and (ii) the Minister has not called in the application.\n- (i) the period within which the application could have been called in (the call in period ) has not ended; and\n- (ii) the Minister has not called in the application.\n- (i) the period within which the application could have been called in (the call in period ) has not ended; and\n- (ii) the Minister has not called in the application.\n- (a) a reference to the call in notice were a reference to the notice given under subsection (2); and\n- (b) the requirement to give a copy of the call in notice under the repealed ULDA Act , section 65 were a requirement that MEDQ give the copy to the persons mentioned in that section.","sortOrder":531},{"sectionNumber":"sec.201","sectionType":"section","heading":"Ministerial call in for existing decisions on UDA development applications started but not finished at the commencement","content":"### sec.201 Ministerial call in for existing decisions on UDA development applications started but not finished at the commencement\n\nThis section applies if—\nbefore the commencement, the Minister administering the repealed ULDA Act has, under the repealed ULDA Act , section 63 , called in a UDA development application for which a decision notice had been given by the former ULDA; and\nat the commencement, the UDA development application has not been finally dealt with under the repealed ULDA Act , part 4 , division 3 , subdivision 4 .\nThe repealed ULDA Act , sections 64 to 66 continue to apply in relation to the call in.\nIf the requirement to give a copy of the call in notice under the repealed ULDA Act , section 65 has not been complied with at the commencement, the requirement applies as if it were a requirement that MEDQ give the copy to the persons mentioned in that section.\nThe Minister’s decision on the call in is taken, for this Act other than section 90, to be a decision of MEDQ on a development application decided under section 198.\nTo remove any doubt, it is declared that no right of appeal applies under the repealed ULDA Act , section 61 or section 90 of this Act in relation to the Minister’s decision on the call in.\n(sec.201-ssec.1) This section applies if— before the commencement, the Minister administering the repealed ULDA Act has, under the repealed ULDA Act , section 63 , called in a UDA development application for which a decision notice had been given by the former ULDA; and at the commencement, the UDA development application has not been finally dealt with under the repealed ULDA Act , part 4 , division 3 , subdivision 4 .\n(sec.201-ssec.2) The repealed ULDA Act , sections 64 to 66 continue to apply in relation to the call in.\n(sec.201-ssec.3) If the requirement to give a copy of the call in notice under the repealed ULDA Act , section 65 has not been complied with at the commencement, the requirement applies as if it were a requirement that MEDQ give the copy to the persons mentioned in that section.\n(sec.201-ssec.4) The Minister’s decision on the call in is taken, for this Act other than section 90, to be a decision of MEDQ on a development application decided under section 198.\n(sec.201-ssec.5) To remove any doubt, it is declared that no right of appeal applies under the repealed ULDA Act , section 61 or section 90 of this Act in relation to the Minister’s decision on the call in.\n- (a) before the commencement, the Minister administering the repealed ULDA Act has, under the repealed ULDA Act , section 63 , called in a UDA development application for which a decision notice had been given by the former ULDA; and\n- (b) at the commencement, the UDA development application has not been finally dealt with under the repealed ULDA Act , part 4 , division 3 , subdivision 4 .","sortOrder":532},{"sectionNumber":"sec.202","sectionType":"section","heading":"Existing UDA development approvals","content":"### sec.202 Existing UDA development approvals\n\nA UDA development approval in effect under the repealed ULDA Act immediately before the commencement is, from the commencement, taken to be a PDA development approval of the same kind under this Act.\nTo remove any doubt, it is declared that, in this Act—\na reference to a PDA development approval includes a reference to a UDA development approval that is taken to be a PDA development approval under subsection (1); and\na reference to a PDA preliminary approval includes a reference to a UDA preliminary approval that is taken to be a PDA preliminary approval under subsection (1); and\na reference to a PDA development permit includes a reference to a UDA development permit that is taken to be a PDA development permit under subsection (1); and\na reference to a PDA development condition includes a reference to a condition imposed by the former ULDA on a UDA development approval that is taken to be a PDA development approval under subsection (1).\nSubject to section 102(5) and any extension granted under section 102, the development approval’s currency period for section 100 is the currency period applying, under the repealed ULDA Act , to the UDA development approval immediately before the commencement.\nThe development approval applies with necessary and convenient changes to facilitate the application of this Act to the approval.\nWithout limiting subsection (4)—\na reference in the development approval to the former ULDA it taken to be a reference to MEDQ; and\na reference in the development approval to urban development area is taken to be a reference to a transitioned UDA; and\na reference in the development approval to any of the following terms is taken to be a reference to the corresponding term under this Act for priority development areas—\nUDA assessable development;\nUDA self-assessable development;\nUDA exempt development;\nUDA preliminary approval;\nUDA development permit;\nUDA development condition.\n(sec.202-ssec.1) A UDA development approval in effect under the repealed ULDA Act immediately before the commencement is, from the commencement, taken to be a PDA development approval of the same kind under this Act.\n(sec.202-ssec.2) To remove any doubt, it is declared that, in this Act— a reference to a PDA development approval includes a reference to a UDA development approval that is taken to be a PDA development approval under subsection (1); and a reference to a PDA preliminary approval includes a reference to a UDA preliminary approval that is taken to be a PDA preliminary approval under subsection (1); and a reference to a PDA development permit includes a reference to a UDA development permit that is taken to be a PDA development permit under subsection (1); and a reference to a PDA development condition includes a reference to a condition imposed by the former ULDA on a UDA development approval that is taken to be a PDA development approval under subsection (1).\n(sec.202-ssec.3) Subject to section 102(5) and any extension granted under section 102, the development approval’s currency period for section 100 is the currency period applying, under the repealed ULDA Act , to the UDA development approval immediately before the commencement.\n(sec.202-ssec.4) The development approval applies with necessary and convenient changes to facilitate the application of this Act to the approval.\n(sec.202-ssec.5) Without limiting subsection (4)— a reference in the development approval to the former ULDA it taken to be a reference to MEDQ; and a reference in the development approval to urban development area is taken to be a reference to a transitioned UDA; and a reference in the development approval to any of the following terms is taken to be a reference to the corresponding term under this Act for priority development areas— UDA assessable development; UDA self-assessable development; UDA exempt development; UDA preliminary approval; UDA development permit; UDA development condition.\n- (a) a reference to a PDA development approval includes a reference to a UDA development approval that is taken to be a PDA development approval under subsection (1); and\n- (b) a reference to a PDA preliminary approval includes a reference to a UDA preliminary approval that is taken to be a PDA preliminary approval under subsection (1); and\n- (c) a reference to a PDA development permit includes a reference to a UDA development permit that is taken to be a PDA development permit under subsection (1); and\n- (d) a reference to a PDA development condition includes a reference to a condition imposed by the former ULDA on a UDA development approval that is taken to be a PDA development approval under subsection (1).\n- (a) a reference in the development approval to the former ULDA it taken to be a reference to MEDQ; and\n- (b) a reference in the development approval to urban development area is taken to be a reference to a transitioned UDA; and\n- (c) a reference in the development approval to any of the following terms is taken to be a reference to the corresponding term under this Act for priority development areas— (i) UDA assessable development; (ii) UDA self-assessable development; (iii) UDA exempt development; (iv) UDA preliminary approval; (v) UDA development permit; (vi) UDA development condition.\n- (i) UDA assessable development;\n- (ii) UDA self-assessable development;\n- (iii) UDA exempt development;\n- (iv) UDA preliminary approval;\n- (v) UDA development permit;\n- (vi) UDA development condition.\n- (i) UDA assessable development;\n- (ii) UDA self-assessable development;\n- (iii) UDA exempt development;\n- (iv) UDA preliminary approval;\n- (v) UDA development permit;\n- (vi) UDA development condition.","sortOrder":533},{"sectionNumber":"sec.203","sectionType":"section","heading":"Existing applications to extend currency period","content":"### sec.203 Existing applications to extend currency period\n\nThis section applies if—\nbefore the commencement, a person has applied for an extension of a UDA development approval’s currency period under the repealed ULDA Act , section 77 ; and\nthe application has not been decided at the commencement.\nThe application is taken to be an application made under section 101 of this Act and must be decided by MEDQ under this Act.\nFor subsection (2), anything done or existing in relation to the application under the repealed ULDA Act is taken to have been done or existing in relation to the application under this Act.\n(sec.203-ssec.1) This section applies if— before the commencement, a person has applied for an extension of a UDA development approval’s currency period under the repealed ULDA Act , section 77 ; and the application has not been decided at the commencement.\n(sec.203-ssec.2) The application is taken to be an application made under section 101 of this Act and must be decided by MEDQ under this Act.\n(sec.203-ssec.3) For subsection (2), anything done or existing in relation to the application under the repealed ULDA Act is taken to have been done or existing in relation to the application under this Act.\n- (a) before the commencement, a person has applied for an extension of a UDA development approval’s currency period under the repealed ULDA Act , section 77 ; and\n- (b) the application has not been decided at the commencement.","sortOrder":534},{"sectionNumber":"sec.204","sectionType":"section","heading":"Plans of subdivision requiring former ULDA’s approval","content":"### sec.204 Plans of subdivision requiring former ULDA’s approval\n\nThis section applies to a plan of subdivision for which compliance assessment under the repealed Sustainable Planning Act required under the repealed ULDA Act , section 80 has started, but not ended, at the commencement.\nThe compliance assessment may be finished under section 104 of this Act as if that section applied to the plan of subdivision.\nFor subsection (2), anything done by the former ULDA under the repealed ULDA Act in relation to the SPA compliance assessment is taken to have been done by MEDQ.\nIn this section—\nplan of subdivision means a plan or agreement, however called, for reconfiguring a lot.\ns 204 amd 2016 No. 27 s 198\n(sec.204-ssec.1) This section applies to a plan of subdivision for which compliance assessment under the repealed Sustainable Planning Act required under the repealed ULDA Act , section 80 has started, but not ended, at the commencement.\n(sec.204-ssec.2) The compliance assessment may be finished under section 104 of this Act as if that section applied to the plan of subdivision.\n(sec.204-ssec.3) For subsection (2), anything done by the former ULDA under the repealed ULDA Act in relation to the SPA compliance assessment is taken to have been done by MEDQ.\n(sec.204-ssec.4) In this section— plan of subdivision means a plan or agreement, however called, for reconfiguring a lot. s 204 amd 2016 No. 27 s 198","sortOrder":535},{"sectionNumber":"sec.205","sectionType":"section","heading":"Special provision for Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012","content":"### sec.205 Special provision for Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012\n\nSubsections (2) and (3) apply if this part commences before the commencement of the Greentape Reduction Amendment Act , section 60 , to the extent it inserts section 679 into the Environmental Protection Act.\nThe EPA, section 679 applies with the following changes—\na reference in the section to a UDA development approval is taken to be a reference to a PDA development approval;\na reference in the section to UDA development conditions is taken to be a reference to PDA development conditions;\nthe reference in subsection (1)(b) to the ULDA Act , section 58 (a) is taken to be a reference to section 88(a) of this Act;\nthe reference in subsection (2)(c) to a UDA development offence is taken to be a reference to a PDA development offence;\nthe reference in subsection (3) to the day a UDA development approval had effect under the ULDA Act is taken to be a reference to—\nfor a UDA development approval under the repealed ULDA Act taken to be a PDA development approval under this Act—the day the UDA development approval had effect under the repealed ULDA Act ; or\nfor a PDA development approval given under this Act—the day the PDA development approval had effect under this Act;\nthe reference in subsection (4) to the anniversary of the day the UDA development approval was given is taken to be a reference to—\nfor a UDA development approval under the repealed ULDA Act taken to be a PDA development approval under this Act—the anniversary of the day the UDA development approval was given under the repealed ULDA Act ; or\nfor a PDA development approval given under this Act—the day the PDA development approval was given under this Act.\nThe EPA, section 694, definition transitional authority , paragraph (c) applies with necessary and convenient changes to allow for the application of the EPA, section 679 with the changes mentioned in subsection (2).\nSubsection (5) applies if this part commences after the commencement of the Greentape Reduction Amendment Act , section 60 , to the extent it inserts section 679 into the Environmental Protection Act.\nThe carrying out of a prescribed ERA under UDA development conditions of a UDA development approval that, under the EPA, section 679, are taken to be an environmental authority under the Environmental Protection Act, chapter 5 is not a PDA development offence.\nIn this section—\nEnvironmental Protection Act means the Environmental Protection Act 1994 .\nEPA, section 679 means the Environmental Protection Act, section 679 as inserted by the Greentape Reduction Amendment Act , section 60 .\nEPA, section 694, definition transitional authority means the Environmental Protection Act, section 694, definition transitional authority as inserted by the Greentape Reduction Amendment Act , section 60 .\nGreentape Reduction Amendment Act means the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012 .\n(sec.205-ssec.1) Subsections (2) and (3) apply if this part commences before the commencement of the Greentape Reduction Amendment Act , section 60 , to the extent it inserts section 679 into the Environmental Protection Act.\n(sec.205-ssec.2) The EPA, section 679 applies with the following changes— a reference in the section to a UDA development approval is taken to be a reference to a PDA development approval; a reference in the section to UDA development conditions is taken to be a reference to PDA development conditions; the reference in subsection (1)(b) to the ULDA Act , section 58 (a) is taken to be a reference to section 88(a) of this Act; the reference in subsection (2)(c) to a UDA development offence is taken to be a reference to a PDA development offence; the reference in subsection (3) to the day a UDA development approval had effect under the ULDA Act is taken to be a reference to— for a UDA development approval under the repealed ULDA Act taken to be a PDA development approval under this Act—the day the UDA development approval had effect under the repealed ULDA Act ; or for a PDA development approval given under this Act—the day the PDA development approval had effect under this Act; the reference in subsection (4) to the anniversary of the day the UDA development approval was given is taken to be a reference to— for a UDA development approval under the repealed ULDA Act taken to be a PDA development approval under this Act—the anniversary of the day the UDA development approval was given under the repealed ULDA Act ; or for a PDA development approval given under this Act—the day the PDA development approval was given under this Act.\n(sec.205-ssec.3) The EPA, section 694, definition transitional authority , paragraph (c) applies with necessary and convenient changes to allow for the application of the EPA, section 679 with the changes mentioned in subsection (2).\n(sec.205-ssec.4) Subsection (5) applies if this part commences after the commencement of the Greentape Reduction Amendment Act , section 60 , to the extent it inserts section 679 into the Environmental Protection Act.\n(sec.205-ssec.5) The carrying out of a prescribed ERA under UDA development conditions of a UDA development approval that, under the EPA, section 679, are taken to be an environmental authority under the Environmental Protection Act, chapter 5 is not a PDA development offence.\n(sec.205-ssec.6) In this section— Environmental Protection Act means the Environmental Protection Act 1994 . EPA, section 679 means the Environmental Protection Act, section 679 as inserted by the Greentape Reduction Amendment Act , section 60 . EPA, section 694, definition transitional authority means the Environmental Protection Act, section 694, definition transitional authority as inserted by the Greentape Reduction Amendment Act , section 60 . Greentape Reduction Amendment Act means the Environmental Protection (Greentape Reduction) and Other Legislation Amendment Act 2012 .\n- (a) a reference in the section to a UDA development approval is taken to be a reference to a PDA development approval;\n- (b) a reference in the section to UDA development conditions is taken to be a reference to PDA development conditions;\n- (c) the reference in subsection (1)(b) to the ULDA Act , section 58 (a) is taken to be a reference to section 88(a) of this Act;\n- (d) the reference in subsection (2)(c) to a UDA development offence is taken to be a reference to a PDA development offence;\n- (e) the reference in subsection (3) to the day a UDA development approval had effect under the ULDA Act is taken to be a reference to— (i) for a UDA development approval under the repealed ULDA Act taken to be a PDA development approval under this Act—the day the UDA development approval had effect under the repealed ULDA Act ; or (ii) for a PDA development approval given under this Act—the day the PDA development approval had effect under this Act;\n- (i) for a UDA development approval under the repealed ULDA Act taken to be a PDA development approval under this Act—the day the UDA development approval had effect under the repealed ULDA Act ; or\n- (ii) for a PDA development approval given under this Act—the day the PDA development approval had effect under this Act;\n- (f) the reference in subsection (4) to the anniversary of the day the UDA development approval was given is taken to be a reference to— (i) for a UDA development approval under the repealed ULDA Act taken to be a PDA development approval under this Act—the anniversary of the day the UDA development approval was given under the repealed ULDA Act ; or (ii) for a PDA development approval given under this Act—the day the PDA development approval was given under this Act.\n- (i) for a UDA development approval under the repealed ULDA Act taken to be a PDA development approval under this Act—the anniversary of the day the UDA development approval was given under the repealed ULDA Act ; or\n- (ii) for a PDA development approval given under this Act—the day the PDA development approval was given under this Act.\n- (i) for a UDA development approval under the repealed ULDA Act taken to be a PDA development approval under this Act—the day the UDA development approval had effect under the repealed ULDA Act ; or\n- (ii) for a PDA development approval given under this Act—the day the PDA development approval had effect under this Act;\n- (i) for a UDA development approval under the repealed ULDA Act taken to be a PDA development approval under this Act—the anniversary of the day the UDA development approval was given under the repealed ULDA Act ; or\n- (ii) for a PDA development approval given under this Act—the day the PDA development approval was given under this Act.","sortOrder":536},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Proceedings and related matters","content":"# Proceedings and related matters","sortOrder":537},{"sectionNumber":"sec.206","sectionType":"section","heading":"Starting proceeding for enforcement order for offence committed before the commencement","content":"### sec.206 Starting proceeding for enforcement order for offence committed before the commencement\n\nThis section applies if—\na UDA development offence under the repealed ULDA Act was committed before the commencement; and\nat the commencement, the former ULDA had not started a proceeding for an enforcement order under the repealed ULDA Act , section 81 in relation to the offence.\nMEDQ may start a proceeding under section 105 for an enforcement order to remedy or restrain the commission of the offence.\n(sec.206-ssec.1) This section applies if— a UDA development offence under the repealed ULDA Act was committed before the commencement; and at the commencement, the former ULDA had not started a proceeding for an enforcement order under the repealed ULDA Act , section 81 in relation to the offence.\n(sec.206-ssec.2) MEDQ may start a proceeding under section 105 for an enforcement order to remedy or restrain the commission of the offence.\n- (a) a UDA development offence under the repealed ULDA Act was committed before the commencement; and\n- (b) at the commencement, the former ULDA had not started a proceeding for an enforcement order under the repealed ULDA Act , section 81 in relation to the offence.","sortOrder":538},{"sectionNumber":"sec.207","sectionType":"section","heading":"Existing proceeding for enforcement order","content":"### sec.207 Existing proceeding for enforcement order\n\nThis section applies in relation to a proceeding for an enforcement order started under the repealed ULDA Act , section 81 that has not been decided at the commencement.\nThe Planning and Environment Court must decide the proceeding under the repealed ULDA Act , part 5 , division 1 as if that Act had not been repealed.\nThe repealed ULDA Act , sections 81 to 85 continue to apply in relation to the proceeding.\nIf the court makes an enforcement order, the enforcement order is taken to be an enforcement order made under chapter 3, part 5, division 1 of this Act, and sections 110 and 113 apply to the order.\n(sec.207-ssec.1) This section applies in relation to a proceeding for an enforcement order started under the repealed ULDA Act , section 81 that has not been decided at the commencement.\n(sec.207-ssec.2) The Planning and Environment Court must decide the proceeding under the repealed ULDA Act , part 5 , division 1 as if that Act had not been repealed.\n(sec.207-ssec.3) The repealed ULDA Act , sections 81 to 85 continue to apply in relation to the proceeding.\n(sec.207-ssec.4) If the court makes an enforcement order, the enforcement order is taken to be an enforcement order made under chapter 3, part 5, division 1 of this Act, and sections 110 and 113 apply to the order.","sortOrder":539},{"sectionNumber":"sec.208","sectionType":"section","heading":"Existing enforcement order","content":"### sec.208 Existing enforcement order\n\nAn enforcement order made under the repealed ULDA Act , part 5 , division 1 that is still in force at the commencement is, from the commencement, taken to be an enforcement order made under chapter 3, part 5, division 1 of this Act, and sections 110 and 113 apply to the order.","sortOrder":540},{"sectionNumber":"sec.209","sectionType":"section","heading":"Proceedings for offence committed before commencement","content":"### sec.209 Proceedings for offence committed before commencement\n\nThis section applies in relation to a proceeding for an offence committed against the repealed ULDA Act before the commencement that—\nis started after the commencement; or\nwas started before the commencement but has not been decided at the commencement.\nSee the Acts Interpretation Act 1954 , section 20A in relation to starting and continuing proceedings for offences committed under repealed laws.\nThe repealed ULDA Act , section 89 continues to apply in relation to the offence, as if that Act had not been repealed.\nIf the Magistrates Court makes an order under the repealed ULDA Act , section 89 , the order is taken to be an order made under section 111 of this Act, and sections 112 and 113 apply to the order.\n(sec.209-ssec.1) This section applies in relation to a proceeding for an offence committed against the repealed ULDA Act before the commencement that— is started after the commencement; or was started before the commencement but has not been decided at the commencement. See the Acts Interpretation Act 1954 , section 20A in relation to starting and continuing proceedings for offences committed under repealed laws.\n(sec.209-ssec.2) The repealed ULDA Act , section 89 continues to apply in relation to the offence, as if that Act had not been repealed.\n(sec.209-ssec.3) If the Magistrates Court makes an order under the repealed ULDA Act , section 89 , the order is taken to be an order made under section 111 of this Act, and sections 112 and 113 apply to the order.\n- (a) is started after the commencement; or\n- (b) was started before the commencement but has not been decided at the commencement.","sortOrder":541},{"sectionNumber":"sec.210","sectionType":"section","heading":"Existing Magistrates Court order","content":"### sec.210 Existing Magistrates Court order\n\nAn order made under the repealed ULDA Act , section 89 that is still in force at the commencement is, from the commencement, taken to be an order made under section 111 of this Act, and sections 112 and 113 apply to the order.","sortOrder":542},{"sectionNumber":"sec.211","sectionType":"section","heading":"MEDQ’s power to recover cost of works to remedy stated public nuisance","content":"### sec.211 MEDQ’s power to recover cost of works to remedy stated public nuisance\n\nThis section applies if—\nbefore the commencement, the former ULDA carried out works under the repealed ULDA Act , section 91 (2) ; and\nthe former ULDA has not recovered the costs of the works from a person under the repealed ULDA Act , section 91 (3) .\nMEDQ may recover the costs from the person as debt.\n(sec.211-ssec.1) This section applies if— before the commencement, the former ULDA carried out works under the repealed ULDA Act , section 91 (2) ; and the former ULDA has not recovered the costs of the works from a person under the repealed ULDA Act , section 91 (3) .\n(sec.211-ssec.2) MEDQ may recover the costs from the person as debt.\n- (a) before the commencement, the former ULDA carried out works under the repealed ULDA Act , section 91 (2) ; and\n- (b) the former ULDA has not recovered the costs of the works from a person under the repealed ULDA Act , section 91 (3) .","sortOrder":543},{"sectionNumber":"sec.212","sectionType":"section","heading":"Existing proceedings for declaration","content":"### sec.212 Existing proceedings for declaration\n\nThis section applies in relation to a proceeding for a declaration started under the repealed ULDA Act , section 92 that has not been decided at the commencement.\nThe Planning and Environment Court—\nmay make a declaration about either or both of the following—\nthe matter mentioned in the repealed ULDA Act , section 92 (1) for which the declaration was sought;\na matter mentioned in section 114(1) of this Act that corresponds to the matter mentioned in the repealed ULDA Act , section 92 (1) for which the declaration was sought; and\nmay make an order about the declaration made under paragraph (a).\nIf the court makes a declaration under subsection (2)(a), the declaration is taken to be a declaration made under section 114(1).\nIf the court makes an order under subsection (2)(b), the order is taken to be an order made under section 114(2).\n(sec.212-ssec.1) This section applies in relation to a proceeding for a declaration started under the repealed ULDA Act , section 92 that has not been decided at the commencement.\n(sec.212-ssec.2) The Planning and Environment Court— may make a declaration about either or both of the following— the matter mentioned in the repealed ULDA Act , section 92 (1) for which the declaration was sought; a matter mentioned in section 114(1) of this Act that corresponds to the matter mentioned in the repealed ULDA Act , section 92 (1) for which the declaration was sought; and may make an order about the declaration made under paragraph (a).\n(sec.212-ssec.3) If the court makes a declaration under subsection (2)(a), the declaration is taken to be a declaration made under section 114(1).\n(sec.212-ssec.4) If the court makes an order under subsection (2)(b), the order is taken to be an order made under section 114(2).\n- (a) may make a declaration about either or both of the following— (i) the matter mentioned in the repealed ULDA Act , section 92 (1) for which the declaration was sought; (ii) a matter mentioned in section 114(1) of this Act that corresponds to the matter mentioned in the repealed ULDA Act , section 92 (1) for which the declaration was sought; and\n- (i) the matter mentioned in the repealed ULDA Act , section 92 (1) for which the declaration was sought;\n- (ii) a matter mentioned in section 114(1) of this Act that corresponds to the matter mentioned in the repealed ULDA Act , section 92 (1) for which the declaration was sought; and\n- (b) may make an order about the declaration made under paragraph (a).\n- (i) the matter mentioned in the repealed ULDA Act , section 92 (1) for which the declaration was sought;\n- (ii) a matter mentioned in section 114(1) of this Act that corresponds to the matter mentioned in the repealed ULDA Act , section 92 (1) for which the declaration was sought; and","sortOrder":544},{"sectionNumber":"ch.6-pt.7","sectionType":"part","heading":"Other transitional provisions","content":"# Other transitional provisions","sortOrder":545},{"sectionNumber":"sec.213","sectionType":"section","heading":"Existing directions to government entity or local government to accept transfer","content":"### sec.213 Existing directions to government entity or local government to accept transfer\n\nThis section applies if—\nthe Governor in Council has given a direction to a government entity or local government (the directed entity ) under the repealed ULDA Act , section 137 ; and\nat the commencement, the transfer the subject of the direction has not happened.\nThe direction continues in effect and the directed entity must do every thing reasonably necessary to comply with the direction.\nIf the directed entity is a local government, on the making of a transfer, the stated land is taken to be land that the local government holds on trust in fee simple to which the repealed Sustainable Planning Act , section 659 applies.\nThe transfer of the stated land or stated fund to MEDQ under section 181 does not affect the operation of this section.\ns 213 amd 2016 No. 27 s 199\n(sec.213-ssec.1) This section applies if— the Governor in Council has given a direction to a government entity or local government (the directed entity ) under the repealed ULDA Act , section 137 ; and at the commencement, the transfer the subject of the direction has not happened.\n(sec.213-ssec.2) The direction continues in effect and the directed entity must do every thing reasonably necessary to comply with the direction.\n(sec.213-ssec.3) If the directed entity is a local government, on the making of a transfer, the stated land is taken to be land that the local government holds on trust in fee simple to which the repealed Sustainable Planning Act , section 659 applies.\n(sec.213-ssec.4) The transfer of the stated land or stated fund to MEDQ under section 181 does not affect the operation of this section. s 213 amd 2016 No. 27 s 199\n- (a) the Governor in Council has given a direction to a government entity or local government (the directed entity ) under the repealed ULDA Act , section 137 ; and\n- (b) at the commencement, the transfer the subject of the direction has not happened.","sortOrder":546},{"sectionNumber":"sec.214","sectionType":"section","heading":"Existing directions to government entity or local government to provide or maintain infrastructure","content":"### sec.214 Existing directions to government entity or local government to provide or maintain infrastructure\n\nThis section applies if—\nthe Governor in Council has given a direction to a government entity or local government (the directed entity ) under the repealed ULDA Act , section 138 ; and\nat the commencement, the direction has not been fully complied with.\nThe direction continues in effect and the directed entity must comply with the direction.\nSubsection (2) applies despite any other Act or law.\n(sec.214-ssec.1) This section applies if— the Governor in Council has given a direction to a government entity or local government (the directed entity ) under the repealed ULDA Act , section 138 ; and at the commencement, the direction has not been fully complied with.\n(sec.214-ssec.2) The direction continues in effect and the directed entity must comply with the direction.\n(sec.214-ssec.3) Subsection (2) applies despite any other Act or law.\n- (a) the Governor in Council has given a direction to a government entity or local government (the directed entity ) under the repealed ULDA Act , section 138 ; and\n- (b) at the commencement, the direction has not been fully complied with.","sortOrder":547},{"sectionNumber":"sec.215","sectionType":"section","heading":null,"content":"### Section sec.215\n\ns 215 exp 1 February 2014 (see s 215(4))","sortOrder":548},{"sectionNumber":"ch.6-pt.8","sectionType":"part","heading":"Repeals","content":"# Repeals","sortOrder":549},{"sectionNumber":"sec.216","sectionType":"section","heading":"Repeals","content":"### sec.216 Repeals\n\nThe following Acts are repealed—\nthe Industrial Development Act 1963 , No. 28\nthe Urban Land Development Authority Act 2007 , No. 41.\n- • the Industrial Development Act 1963 , No. 28\n- • the Urban Land Development Authority Act 2007 , No. 41.","sortOrder":550},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Transitional provisions for Queen’s Wharf Brisbane Act 2016","content":"# Transitional provisions for Queen’s Wharf Brisbane Act 2016","sortOrder":551},{"sectionNumber":"sec.217","sectionType":"section","heading":"Definition for part","content":"### sec.217 Definition for part\n\nIn this part—\namended , in relation to a provision of this Act, means the provision as amended by the Queen’s Wharf Brisbane Act 2016 .\ns 217 ins 2016 No. 17 s 127","sortOrder":552},{"sectionNumber":"sec.218","sectionType":"section","heading":"Application of amendments about PDA-associated development","content":"### sec.218 Application of amendments about PDA-associated development\n\nThis section applies in relation to amended chapter 3 to the extent it relates to PDA-associated development, or PDA-associated land, for a priority development area.\nAmended chapter 3 applies to development only if it substantially starts on or after the commencement.\ns 218 ins 2016 No. 17 s 127\n(sec.218-ssec.1) This section applies in relation to amended chapter 3 to the extent it relates to PDA-associated development, or PDA-associated land, for a priority development area.\n(sec.218-ssec.2) Amended chapter 3 applies to development only if it substantially starts on or after the commencement.","sortOrder":553},{"sectionNumber":"sec.219","sectionType":"section","heading":"Application of amended s 103","content":"### sec.219 Application of amended s 103\n\nAmended section 103 applies to a priority development area whether the area was declared or otherwise came into existence before, on or after the commencement.\ns 219 ins 2016 No. 17 s 127","sortOrder":554},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":555},{"sectionNumber":"sec.220","sectionType":"section","heading":"Definitions for part","content":"### sec.220 Definitions for part\n\nIn this part—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.\ns 220 ins 2016 No. 27 s 200","sortOrder":556},{"sectionNumber":"sec.221","sectionType":"section","heading":"Existing SPA development application made before priority development area declared","content":"### sec.221 Existing SPA development application made before priority development area declared\n\nThis section applies if, immediately before the declaration of an area as a priority development area—\nan existing SPA development application had been made for land in the area; and\nthe application was a properly made application under the repealed Planning Act and had not lapsed under that repealed Act; and\nthe application had not been decided.\nFormer section 44(2) continues to apply in relation to the application as if the amending Act had not been enacted.\nIf a development approval is given under the repealed Planning Act for the application, the carrying out of development, or use of land, under the approval is not a PDA development offence.\nIn this section—\nexisting SPA development application means a development application made under the repealed Planning Act , to which the Planning Act , section 288 applies.\nrepealed Planning Act means the repealed Sustainable Planning Act 2009 .\ns 221 ins 2016 No. 27 s 200\n(sec.221-ssec.1) This section applies if, immediately before the declaration of an area as a priority development area— an existing SPA development application had been made for land in the area; and the application was a properly made application under the repealed Planning Act and had not lapsed under that repealed Act; and the application had not been decided.\n(sec.221-ssec.2) Former section 44(2) continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.221-ssec.3) If a development approval is given under the repealed Planning Act for the application, the carrying out of development, or use of land, under the approval is not a PDA development offence.\n(sec.221-ssec.4) In this section— existing SPA development application means a development application made under the repealed Planning Act , to which the Planning Act , section 288 applies. repealed Planning Act means the repealed Sustainable Planning Act 2009 .\n- (a) an existing SPA development application had been made for land in the area; and\n- (b) the application was a properly made application under the repealed Planning Act and had not lapsed under that repealed Act; and\n- (c) the application had not been decided.","sortOrder":557},{"sectionNumber":"sec.222","sectionType":"section","heading":"Existing PDA development application for PDA-associated development","content":"### sec.222 Existing PDA development application for PDA-associated development\n\nThis section applies to a PDA development application for PDA-associated development for a priority development area made, but not decided, before the commencement.\nFormer section 87(2A) continues to apply in relation to the application as if the amending Act had not been enacted.\ns 222 ins 2016 No. 27 s 200\n(sec.222-ssec.1) This section applies to a PDA development application for PDA-associated development for a priority development area made, but not decided, before the commencement.\n(sec.222-ssec.2) Former section 87(2A) continues to apply in relation to the application as if the amending Act had not been enacted.","sortOrder":558},{"sectionNumber":"sec.223","sectionType":"section","heading":"Unfinished compliance assessment for plan of subdivision","content":"### sec.223 Unfinished compliance assessment for plan of subdivision\n\nThis section applies if—\nbefore the commencement, SPA compliance assessment under former section 104 had started for a plan of subdivision; and\nthe assessment had not finished before the commencement.\nFormer section 104 continues to apply in relation to the plan as if the amending Act had not been enacted.\ns 223 ins 2016 No. 27 s 200\n(sec.223-ssec.1) This section applies if— before the commencement, SPA compliance assessment under former section 104 had started for a plan of subdivision; and the assessment had not finished before the commencement.\n(sec.223-ssec.2) Former section 104 continues to apply in relation to the plan as if the amending Act had not been enacted.\n- (a) before the commencement, SPA compliance assessment under former section 104 had started for a plan of subdivision; and\n- (b) the assessment had not finished before the commencement.","sortOrder":559},{"sectionNumber":"sec.224","sectionType":"section","heading":"Existing PDA development approval","content":"### sec.224 Existing PDA development approval\n\nThis section applies to a PDA development approval given before the commencement.\nFormer section 100 continues to apply in relation to the approval as if the amending Act had not been enacted.\ns 224 ins 2016 No. 27 s 200\n(sec.224-ssec.1) This section applies to a PDA development approval given before the commencement.\n(sec.224-ssec.2) Former section 100 continues to apply in relation to the approval as if the amending Act had not been enacted.","sortOrder":560},{"sectionNumber":"ch.7-pt.3","sectionType":"part","heading":"Transitional provisions for Economic Development and Other Legislation Amendment Act 2019","content":"# Transitional provisions for Economic Development and Other Legislation Amendment Act 2019","sortOrder":561},{"sectionNumber":"ch.7-pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":562},{"sectionNumber":"sec.225","sectionType":"section","heading":"Definitions for part","content":"### sec.225 Definitions for part\n\nIn this part—\namendment Act means the Economic Development and Other Legislation Amendment Act 2019 .\nformer , in relation to a provision of this Act, means as in force from time to time before the commencement of the provision in which the term appears.\nnew , in relation to a provision of this Act, means as amended or inserted by the amendment Act.\ns 225 ins 2019 No. 11 s 70","sortOrder":563},{"sectionNumber":"ch.7-pt.3-div.2","sectionType":"division","heading":"Provisions for amendments commencing on assent","content":"## Provisions for amendments commencing on assent","sortOrder":564},{"sectionNumber":"sec.226","sectionType":"section","heading":"References to PDA self-assessable development and PDA exempt development","content":"### sec.226 References to PDA self-assessable development and PDA exempt development\n\nA reference in another Act or a document to PDA self-assessable development is taken to be a reference—\nto the extent the development complies with the requirements about carrying out the development under the relevant development instrument for the priority development area—to PDA accepted development; or\notherwise—to PDA assessable development.\nA reference in another Act or a document to PDA exempt development is taken to be a reference to PDA accepted development.\ns 226 ins 2019 No. 11 s 70\n(sec.226-ssec.1) A reference in another Act or a document to PDA self-assessable development is taken to be a reference— to the extent the development complies with the requirements about carrying out the development under the relevant development instrument for the priority development area—to PDA accepted development; or otherwise—to PDA assessable development.\n(sec.226-ssec.2) A reference in another Act or a document to PDA exempt development is taken to be a reference to PDA accepted development.\n- (a) to the extent the development complies with the requirements about carrying out the development under the relevant development instrument for the priority development area—to PDA accepted development; or\n- (b) otherwise—to PDA assessable development.","sortOrder":565},{"sectionNumber":"sec.227","sectionType":"section","heading":"Provisional land use plan made under declaration regulation","content":"### sec.227 Provisional land use plan made under declaration regulation\n\nThis section applies to a provisional land use plan for a provisional priority development area made under a declaration regulation mentioned in former section 35 and in effect immediately before the commencement.\nThe provisional land use plan is taken to have been—\nmade under new section 36E(1); and\nnotified under a gazette notice under new section 36E(3)(c) published on the day the declaration regulation commenced.\ns 227 ins 2019 No. 11 s 70\n(sec.227-ssec.1) This section applies to a provisional land use plan for a provisional priority development area made under a declaration regulation mentioned in former section 35 and in effect immediately before the commencement.\n(sec.227-ssec.2) The provisional land use plan is taken to have been— made under new section 36E(1); and notified under a gazette notice under new section 36E(3)(c) published on the day the declaration regulation commenced.\n- (a) made under new section 36E(1); and\n- (b) notified under a gazette notice under new section 36E(3)(c) published on the day the declaration regulation commenced.","sortOrder":566},{"sectionNumber":"sec.228","sectionType":"section","heading":"Interim land use plan made under declaration regulation","content":"### sec.228 Interim land use plan made under declaration regulation\n\nThis section applies to an interim land use plan for a priority development area made under a declaration regulation mentioned in former section 38 and in effect immediately before the commencement.\nThe interim land use plan is taken to have been made under new section 38.\ns 228 ins 2019 No. 11 s 70\n(sec.228-ssec.1) This section applies to an interim land use plan for a priority development area made under a declaration regulation mentioned in former section 38 and in effect immediately before the commencement.\n(sec.228-ssec.2) The interim land use plan is taken to have been made under new section 38.","sortOrder":567},{"sectionNumber":"sec.229","sectionType":"section","heading":"Application of former s 42M to particular material change of use","content":"### sec.229 Application of former s 42M to particular material change of use\n\nThis section applies if, immediately before the commencement, a material change of use was taken to be a lawful use under former section 42M.\nFormer section 42M continues to apply to the material change of use as if the amendment Act, part 6, division 2 had not commenced.\ns 229 ins 2019 No. 11 s 70\n(sec.229-ssec.1) This section applies if, immediately before the commencement, a material change of use was taken to be a lawful use under former section 42M.\n(sec.229-ssec.2) Former section 42M continues to apply to the material change of use as if the amendment Act, part 6, division 2 had not commenced.","sortOrder":568},{"sectionNumber":"sec.230","sectionType":"section","heading":"Development scheme approved under regulation","content":"### sec.230 Development scheme approved under regulation\n\nThis section applies to a development scheme for a priority development area, or a transitioned UDA, approved under a regulation made under former section 64 and in effect immediately before the commencement.\nThe development scheme is taken to have been notified under a gazette notice under new section 63(3)(b) published on the day the regulation commenced.\nIn this section—\ntransitioned UDA see section 177.\ns 230 ins 2019 No. 11 s 70\n(sec.230-ssec.1) This section applies to a development scheme for a priority development area, or a transitioned UDA, approved under a regulation made under former section 64 and in effect immediately before the commencement.\n(sec.230-ssec.2) The development scheme is taken to have been notified under a gazette notice under new section 63(3)(b) published on the day the regulation commenced.\n(sec.230-ssec.3) In this section— transitioned UDA see section 177.","sortOrder":569},{"sectionNumber":"sec.231","sectionType":"section","heading":"Amendment of development scheme approved under regulation","content":"### sec.231 Amendment of development scheme approved under regulation\n\nThis section applies to an amendment of a development scheme approved under a regulation made under former section 68 .\nThe amendment is taken to have been notified under a gazette notice under new section 63 (3) (b) , as applied under section 67 (2) , published on the day the regulation commenced.\ns 231 ins 2019 No. 11 s 70\n(sec.231-ssec.1) This section applies to an amendment of a development scheme approved under a regulation made under former section 68 .\n(sec.231-ssec.2) The amendment is taken to have been notified under a gazette notice under new section 63 (3) (b) , as applied under section 67 (2) , published on the day the regulation commenced.","sortOrder":570},{"sectionNumber":"sec.232","sectionType":"section","heading":"Proceedings for offence against former s 74 or former s 164","content":"### sec.232 Proceedings for offence against former s 74 or former s 164\n\nThis section applies if a person is alleged to have committed either of the following offences before the commencement—\nan offence against former section 74;\nan offence against former section 164(1) in relation to an offence against an executive liability provision mentioned in former section 164(5), definition executive liability provision , paragraph (b).\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be started or continued, and the person may be punished for the offence, as if the amendment Act, part 6, division 2 had not commenced.\nSubsection (2) applies despite the Criminal Code, section 11.\ns 232 ins 2019 No. 11 s 70\n(sec.232-ssec.1) This section applies if a person is alleged to have committed either of the following offences before the commencement— an offence against former section 74; an offence against former section 164(1) in relation to an offence against an executive liability provision mentioned in former section 164(5), definition executive liability provision , paragraph (b).\n(sec.232-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be started or continued, and the person may be punished for the offence, as if the amendment Act, part 6, division 2 had not commenced.\n(sec.232-ssec.3) Subsection (2) applies despite the Criminal Code, section 11.\n- (a) an offence against former section 74;\n- (b) an offence against former section 164(1) in relation to an offence against an executive liability provision mentioned in former section 164(5), definition executive liability provision , paragraph (b).","sortOrder":571},{"sectionNumber":"sec.233","sectionType":"section","heading":"Existing PDA development applications","content":"### sec.233 Existing PDA development applications\n\nThis section applies if a PDA development application was made, but not decided, before the commencement.\nThis Act, as in force immediately before the commencement, continues to apply in relation to the PDA development application as if the amendment Act, part 6, division 2 had not commenced.\ns 233 ins 2019 No. 11 s 70\n(sec.233-ssec.1) This section applies if a PDA development application was made, but not decided, before the commencement.\n(sec.233-ssec.2) This Act, as in force immediately before the commencement, continues to apply in relation to the PDA development application as if the amendment Act, part 6, division 2 had not commenced.","sortOrder":572},{"sectionNumber":"sec.234","sectionType":"section","heading":"Dissolution of Commonwealth Games Infrastructure Authority","content":"### sec.234 Dissolution of Commonwealth Games Infrastructure Authority\n\nOn the commencement—\nthe Commonwealth Games Infrastructure Authority established under former section 144 is dissolved; and\nthe authority members under former section 146 who held office immediately before the commencement go out of office.\nNo compensation is payable to a person because of subsection (1).\ns 234 ins 2019 No. 11 s 70\n(sec.234-ssec.1) On the commencement— the Commonwealth Games Infrastructure Authority established under former section 144 is dissolved; and the authority members under former section 146 who held office immediately before the commencement go out of office.\n(sec.234-ssec.2) No compensation is payable to a person because of subsection (1).\n- (a) the Commonwealth Games Infrastructure Authority established under former section 144 is dissolved; and\n- (b) the authority members under former section 146 who held office immediately before the commencement go out of office.","sortOrder":573},{"sectionNumber":"ch.7-pt.3-div.3","sectionType":"division","heading":"Provisions for amendments commencing by proclamation","content":"## Provisions for amendments commencing by proclamation","sortOrder":574},{"sectionNumber":"sec.235","sectionType":"section","heading":"Existing PDA development applications","content":"### sec.235 Existing PDA development applications\n\nThis section applies if a PDA development application—\nwas made on or after the commencement of the amendment Act, part 6, division 2; but\nwas not decided before the commencement of this section.\nThis Act, as in force immediately before the commencement of this section, continues to apply in relation to the PDA development application as if the amendment Act, part 6, division 3 had not commenced.\ns 235 ins 2019 No. 11 s 107\n(sec.235-ssec.1) This section applies if a PDA development application— was made on or after the commencement of the amendment Act, part 6, division 2; but was not decided before the commencement of this section.\n(sec.235-ssec.2) This Act, as in force immediately before the commencement of this section, continues to apply in relation to the PDA development application as if the amendment Act, part 6, division 3 had not commenced.\n- (a) was made on or after the commencement of the amendment Act, part 6, division 2; but\n- (b) was not decided before the commencement of this section.","sortOrder":575},{"sectionNumber":"sec.236","sectionType":"section","heading":"Application of new s 103(1)","content":"### sec.236 Application of new s 103(1)\n\nNew section 103(1) applies only to a use or preservation covenant entered into on or after the commencement.\ns 236 ins 2019 No. 11 s 107","sortOrder":576},{"sectionNumber":"sec.237","sectionType":"section","heading":"Application of new s 113","content":"### sec.237 Application of new s 113\n\nNew section 113 applies only in relation to an enforcement order, or order under section 111, made on or after the commencement.\nFormer section 113 continues to apply in relation to an enforcement order, or order under section 111, made before the commencement as if the amendment Act, part 6, division 3 had not commenced.\ns 237 ins 2019 No. 11 s 107\n(sec.237-ssec.1) New section 113 applies only in relation to an enforcement order, or order under section 111, made on or after the commencement.\n(sec.237-ssec.2) Former section 113 continues to apply in relation to an enforcement order, or order under section 111, made before the commencement as if the amendment Act, part 6, division 3 had not commenced.","sortOrder":577},{"sectionNumber":"ch.7-pt.4","sectionType":"part","heading":"Transitional and validation provisions for Economic Development and Other Legislation Amendment Act 2024","content":"# Transitional and validation provisions for Economic Development and Other Legislation Amendment Act 2024","sortOrder":578},{"sectionNumber":"sec.238","sectionType":"section","heading":"Definitions for part","content":"### sec.238 Definitions for part\n\nIn this part—\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement.\nnew , for a provision of this Act, means the provision as in force from the commencement.\ns 238 ins 2024 No. 32 s 61","sortOrder":579},{"sectionNumber":"sec.239","sectionType":"section","heading":"Initial employees","content":"### sec.239 Initial employees\n\nThis section applies to—\na person (an initial employee ) who is employed as an employee of the EDQ employing office if the person was a public service employee employed by the department, other than on a fixed term contract, immediately before being employed by the EDQ employing office; and\na person (also an initial employee ) who is employed as an employee of the EDQ employing office if the person was not, immediately before being employed by the EDQ employing office, a public service employee to whom this section applies under paragraph (a).\nThe terms and conditions of employment of the initial employee are the terms and conditions that applied, immediately before the commencement, to public service employees employed by the department under the existing instruments.\nHowever, subsection (2) stops applying to the initial employee if a new certified agreement, covering the person as an employee of the EDQ employing office, takes effect.\nThis section applies despite any other Act.\nIn this section—\ncertified agreement see the Industrial Relations Act 2016 , schedule 5 .\nexisting instruments means the following instruments as they were in effect immediately before the commencement—\nthe Queensland Public Service Officers and Other Employees Award—State 2015;\nthe State Government Entities Certified Agreement 2023;\na public sector directive.\nnew certified agreement means a certified agreement made after the commencement.\npublic sector directive —\nmeans a directive under the Public Sector Act 2022 , schedule 2 ; and\nincludes—\na joint directive made under section 226 of that Act; and\na directive continued under section 307 or 308 of that Act.\ns 239 ins 2024 No. 32 s 61\n(sec.239-ssec.1) This section applies to— a person (an initial employee ) who is employed as an employee of the EDQ employing office if the person was a public service employee employed by the department, other than on a fixed term contract, immediately before being employed by the EDQ employing office; and a person (also an initial employee ) who is employed as an employee of the EDQ employing office if the person was not, immediately before being employed by the EDQ employing office, a public service employee to whom this section applies under paragraph (a).\n(sec.239-ssec.2) The terms and conditions of employment of the initial employee are the terms and conditions that applied, immediately before the commencement, to public service employees employed by the department under the existing instruments.\n(sec.239-ssec.3) However, subsection (2) stops applying to the initial employee if a new certified agreement, covering the person as an employee of the EDQ employing office, takes effect.\n(sec.239-ssec.4) This section applies despite any other Act.\n(sec.239-ssec.5) In this section— certified agreement see the Industrial Relations Act 2016 , schedule 5 . existing instruments means the following instruments as they were in effect immediately before the commencement— the Queensland Public Service Officers and Other Employees Award—State 2015; the State Government Entities Certified Agreement 2023; a public sector directive. new certified agreement means a certified agreement made after the commencement. public sector directive — means a directive under the Public Sector Act 2022 , schedule 2 ; and includes— a joint directive made under section 226 of that Act; and a directive continued under section 307 or 308 of that Act.\n- (a) a person (an initial employee ) who is employed as an employee of the EDQ employing office if the person was a public service employee employed by the department, other than on a fixed term contract, immediately before being employed by the EDQ employing office; and\n- (b) a person (also an initial employee ) who is employed as an employee of the EDQ employing office if the person was not, immediately before being employed by the EDQ employing office, a public service employee to whom this section applies under paragraph (a).\n- (a) the Queensland Public Service Officers and Other Employees Award—State 2015;\n- (b) the State Government Entities Certified Agreement 2023;\n- (c) a public sector directive.\n- (a) means a directive under the Public Sector Act 2022 , schedule 2 ; and\n- (b) includes— (i) a joint directive made under section 226 of that Act; and (ii) a directive continued under section 307 or 308 of that Act.\n- (i) a joint directive made under section 226 of that Act; and\n- (ii) a directive continued under section 307 or 308 of that Act.\n- (i) a joint directive made under section 226 of that Act; and\n- (ii) a directive continued under section 307 or 308 of that Act.","sortOrder":580},{"sectionNumber":"sec.240","sectionType":"section","heading":"Initial employee employed on fixed term contract by department before commencement","content":"### sec.240 Initial employee employed on fixed term contract by department before commencement\n\nThis section applies to a person (an initial employee ) who is employed after the commencement as an employee of the EDQ employing office if the person was employed by the department on a fixed term contract immediately before being employed by the EDQ employing office.\nNothing in this part affects the operation of the fixed term contract.\ns 240 ins 2024 No. 32 s 61\n(sec.240-ssec.1) This section applies to a person (an initial employee ) who is employed after the commencement as an employee of the EDQ employing office if the person was employed by the department on a fixed term contract immediately before being employed by the EDQ employing office.\n(sec.240-ssec.2) Nothing in this part affects the operation of the fixed term contract.","sortOrder":581},{"sectionNumber":"sec.241","sectionType":"section","heading":"MEDQ’s first strategic and operational plans","content":"### sec.241 MEDQ’s first strategic and operational plans\n\nThis section applies to MEDQ’s first strategic and operational plans.\nThe period within which the board must prepare and give to the Minister a draft of each plan under new section 32E is 2 months after the commencement or another period agreed between the board and the Minister.\nIf a draft plan has not been agreed to within 2 months after the board has given it to the Minister, the Minister may give a direction under new section 32F(3) about the draft plan.\nThe period for which the strategic or operational plan applies is—\nthe remainder of the financial year in which it is agreed to by the Minister; and\nif MEDQ and the Minister agree the plan is also to apply for the following financial year, for that financial year.\ns 241 ins 2024 No. 32 s 61\n(sec.241-ssec.1) This section applies to MEDQ’s first strategic and operational plans.\n(sec.241-ssec.2) The period within which the board must prepare and give to the Minister a draft of each plan under new section 32E is 2 months after the commencement or another period agreed between the board and the Minister.\n(sec.241-ssec.3) If a draft plan has not been agreed to within 2 months after the board has given it to the Minister, the Minister may give a direction under new section 32F(3) about the draft plan.\n(sec.241-ssec.4) The period for which the strategic or operational plan applies is— the remainder of the financial year in which it is agreed to by the Minister; and if MEDQ and the Minister agree the plan is also to apply for the following financial year, for that financial year.\n- (a) the remainder of the financial year in which it is agreed to by the Minister; and\n- (b) if MEDQ and the Minister agree the plan is also to apply for the following financial year, for that financial year.","sortOrder":582},{"sectionNumber":"sec.242","sectionType":"section","heading":"MEDQ’s first quarterly report","content":"### sec.242 MEDQ’s first quarterly report\n\nNew section 29 does not apply to MEDQ in relation to a quarter before the quarter in which its first operational plan is agreed to by the Minister.\ns 242 ins 2024 No. 32 s 61","sortOrder":583},{"sectionNumber":"sec.243","sectionType":"section","heading":"Existing board member","content":"### sec.243 Existing board member\n\nA person who, immediately before the commencement, holds appointment as a board member under former section 132(1)(b) or (d) is taken to be a board member under new section 132 until the board member’s office is vacated under new section 134.\ns 243 ins 2024 No. 32 s 61","sortOrder":584},{"sectionNumber":"sec.244","sectionType":"section","heading":"References to department before commencement","content":"### sec.244 References to department before commencement\n\nThis section applies if—\na former provision mentioned the department; and\na provision of this Act that provides for the same, or substantially the same, matter as the former provision mentions MEDQ.\nIn a document made under or relating to the former provision, a reference to the department, if the context permits, is taken to be a reference to MEDQ.\ns 244 ins 2024 No. 32 s 61\n(sec.244-ssec.1) This section applies if— a former provision mentioned the department; and a provision of this Act that provides for the same, or substantially the same, matter as the former provision mentions MEDQ.\n(sec.244-ssec.2) In a document made under or relating to the former provision, a reference to the department, if the context permits, is taken to be a reference to MEDQ.\n- (a) a former provision mentioned the department; and\n- (b) a provision of this Act that provides for the same, or substantially the same, matter as the former provision mentions MEDQ.","sortOrder":585},{"sectionNumber":"sec.245","sectionType":"section","heading":"Publication on MEDQ’s website","content":"### sec.245 Publication on MEDQ’s website\n\nThis section applies if—\nunder a former provision of this Act, a thing was required to be published on the department’s website for or within a period; and\nunder the provision as in force from the commencement, the thing is required to be published on MEDQ’s website for or within a period.\nThe period for which the thing is published on MEDQ’s website is taken to include any period before the commencement for which the thing was published on the department’s website.\ns 245 ins 2024 No. 32 s 61\n(sec.245-ssec.1) This section applies if— under a former provision of this Act, a thing was required to be published on the department’s website for or within a period; and under the provision as in force from the commencement, the thing is required to be published on MEDQ’s website for or within a period.\n(sec.245-ssec.2) The period for which the thing is published on MEDQ’s website is taken to include any period before the commencement for which the thing was published on the department’s website.\n- (a) under a former provision of this Act, a thing was required to be published on the department’s website for or within a period; and\n- (b) under the provision as in force from the commencement, the thing is required to be published on MEDQ’s website for or within a period.","sortOrder":586},{"sectionNumber":"sec.246","sectionType":"section","heading":"Validation of particular extension and cancellation applications under Planning Act","content":"### sec.246 Validation of particular extension and cancellation applications under Planning Act\n\nThis section applies if, before the commencement—\nan extension application or a cancellation application was made or purportedly made under the Planning Act in relation to premises in an area; and\nthe area was subsequently declared as a priority development area.\nThe application, and anything done in relation to the application, is taken to be, and always to have been, as valid and lawful as it would have been if new section 44 had applied to the application at the time it was made.\ns 246 ins 2024 No. 32 s 61\n(sec.246-ssec.1) This section applies if, before the commencement— an extension application or a cancellation application was made or purportedly made under the Planning Act in relation to premises in an area; and the area was subsequently declared as a priority development area.\n(sec.246-ssec.2) The application, and anything done in relation to the application, is taken to be, and always to have been, as valid and lawful as it would have been if new section 44 had applied to the application at the time it was made.\n- (a) an extension application or a cancellation application was made or purportedly made under the Planning Act in relation to premises in an area; and\n- (b) the area was subsequently declared as a priority development area.","sortOrder":587},{"sectionNumber":"sec.247","sectionType":"section","heading":"Validation of particular applications and decisions under Planning Act","content":"### sec.247 Validation of particular applications and decisions under Planning Act\n\nThis section applies if, before the commencement—\nan area was declared as a priority development area; and\na change application, an extension application or a cancellation application was subsequently made or purportedly made under the Planning Act in relation to premises in the area; and\nthe application was decided or purportedly decided under that Act.\nThe application, and anything done in relation to the application, is taken to be, and always to have been, as valid and lawful as it would have been if the priority development area had not been declared.\ns 247 ins 2024 No. 32 s 61\n(sec.247-ssec.1) This section applies if, before the commencement— an area was declared as a priority development area; and a change application, an extension application or a cancellation application was subsequently made or purportedly made under the Planning Act in relation to premises in the area; and the application was decided or purportedly decided under that Act.\n(sec.247-ssec.2) The application, and anything done in relation to the application, is taken to be, and always to have been, as valid and lawful as it would have been if the priority development area had not been declared.\n- (a) an area was declared as a priority development area; and\n- (b) a change application, an extension application or a cancellation application was subsequently made or purportedly made under the Planning Act in relation to premises in the area; and\n- (c) the application was decided or purportedly decided under that Act.","sortOrder":588},{"sectionNumber":"sec.248","sectionType":"section","heading":"Continued consideration of particular applications under Planning Act","content":"### sec.248 Continued consideration of particular applications under Planning Act\n\nThis section applies if—\nbefore the commencement, an area was declared as a priority development area; and\nbefore the commencement, a change application, an extension application or a cancellation application was subsequently made or purportedly made under the Planning Act in relation to premises in the area; and\nimmediately before the commencement, the application had not lapsed or been decided under that Act.\nDespite new section 45, the Planning Act continues to apply in relation to the application as if the priority development area had not been declared.\ns 248 ins 2024 No. 32 s 61\n(sec.248-ssec.1) This section applies if— before the commencement, an area was declared as a priority development area; and before the commencement, a change application, an extension application or a cancellation application was subsequently made or purportedly made under the Planning Act in relation to premises in the area; and immediately before the commencement, the application had not lapsed or been decided under that Act.\n(sec.248-ssec.2) Despite new section 45, the Planning Act continues to apply in relation to the application as if the priority development area had not been declared.\n- (a) before the commencement, an area was declared as a priority development area; and\n- (b) before the commencement, a change application, an extension application or a cancellation application was subsequently made or purportedly made under the Planning Act in relation to premises in the area; and\n- (c) immediately before the commencement, the application had not lapsed or been decided under that Act.","sortOrder":589}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original scope (2012) was primarily economic development and facilitation of Priority Development Areas as a streamlined planning tool for industrial, commercial and community development. By 2024, the scope was substantially expanded to include: (1) compulsory land acquisition powers (previously absent), (2) a major social and affordable housing delivery role with a full regulatory interface with the Housing Act 2003, and (3) 'place renewal areas' as a new urban regeneration mechanism. The addition of a formal board structure, dividend/tax equivalents regime, and detailed strategic planning requirements also signals a shift from a purely facilitative body to a more commercially-oriented state enterprise model. These are significant departures from the original intent."},"complexity_factors":["Interaction with at least 15 other Acts (Housing Act 2003, Acquisition of Land Act 1967, Native Title Act, Financial Accountability Act 2009, Statutory Bodies Financial Arrangements Act 1982, Land Act 1994, Corporations Act, Crime and Corruption Act 2001, and others)","Compulsory land acquisition framework that mirrors but is legally distinct from the Acquisition of Land Act 1967 — with numerous 'as if' and 'deemed' provisions requiring careful cross-reading","Multiple overlapping governance structures: corporation sole (Minister as legal entity), a board, a CEO, and delegation powers","Native title interface requiring compliance with both State and Commonwealth native title legislation","Staged commencement provisions with many sections commencing on different dates, creating a 'patchwork' of operative provisions","2024 amendments substantially expanded the Act's scope (housing and land acquisition powers), creating a layered legislative history that must be read alongside the original Act","Tax equivalents regime administered by a separate manual issued by the Treasurer — creating a quasi-legislative instrument outside the Act itself","Deemed/fiction provisions (e.g., MEDQ agreements 'taken to be' funding agreements under Housing Act) requiring users to simultaneously apply two legislative schemes","Priority Development Areas create a parallel planning regime that displaces local government planning laws — requiring understanding of both systems","Exemptions from normal disclosure requirements (e.g., Body Corporate and Community Management Act) that would ordinarily protect buyers"],"plain_english_summary":"The Act creates MEDQ — a powerful corporation sole led by the Minister — to drive statewide development, housing and infrastructure. MEDQ can declare Priority Development and Place Renewal Areas, override local planning, buy/lease/develop land, enter finance deals and compulsorily acquire private property (with compensation and buy‑back rights). The 2024 changes add social and affordable housing powers and support for registered community housing providers. It affects landowners, councils, developers and housing providers and centralises major development decisions."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.20A(5) and sec.20A(7)","severity":"high","reasoning":"Section 20A(5) requires the Acquisition of Land Act 1967 process to apply, treating MEDQ as a constructing authority under that Act and the Minister as the relevant Minister under that Act. Section 20A(7) then declares this is 'not a taking of land under the Acquisition of Land Act 1967.' This creates a legal fiction that is internally incoherent: you cannot simultaneously apply a statute's complete procedural regime while denying the statute applies. Section 20A(6) attempts to paper over this by requiring the Act to be read with 'modifications and adaptations necessary,' but does not resolve the fundamental contradiction. The same structure is replicated in sec.20B(4)-(6).","confidence":0.92,"description":"The section simultaneously requires the Acquisition of Land Act 1967 process to apply 'as if' land were being taken under that Act, while also declaring that the taking of land under this section is NOT a taking of land under the Acquisition of Land Act 1967. The provision invokes the Act's process wholesale while explicitly denying the Act applies."},{"type":"self_contradicting","section":"sec.5(1) and sec.5(2)","severity":"low","reasoning":"If the Act binds all persons including the State, but the State cannot be prosecuted for any offence under it, then to the extent the Act creates obligations enforced through criminal prosecution, the State is not meaningfully bound. This is a well-known legislative convention but remains a logical tension.","confidence":0.7,"description":"The Act binds the State (sec.5(1)) but simultaneously declares nothing in the Act makes the State liable to be prosecuted for an offence (sec.5(2)). While this pattern is common in Queensland legislation, it creates an asymmetric binding effect: the State is bound in theory but shielded from the primary enforcement mechanism (prosecution), making 'binding' the State largely illusory for offence provisions."},{"type":"circular_definition","section":"sec.4(2) - definition of 'ecological sustainability'","severity":"medium","reasoning":"Ecological sustainability is defined as a 'balance' that integrates (a) protection of ecological processes, (b) economic development, and (c) maintenance of wellbeing. The main purpose of the Act is economic development. MEDQ must pursue economic development while 'seeking ecological sustainability,' but ecological sustainability itself incorporates economic development as a component. This is conceptually circular: economic development is both the goal and part of the constraint meant to moderate the goal.","confidence":0.82,"description":"The definition of 'ecological sustainability' includes 'economic development' as one of its constituent elements. Section 4(1)(a)(i) then requires MEDQ to seek ecological sustainability while facilitating economic development. This creates a partially circular and self-referential obligation: achieving ecological sustainability requires achieving economic development, which is the very purpose ecological sustainability is meant to balance against."},{"type":"impossible_compliance","section":"sec.20H(2)-(5)","severity":"medium","reasoning":"The right-of-first-refusal regime is undercut by allowing the entity to unilaterally take an easement before notifying the owner. The owner is then offered land that has already been encumbered. While legally the owner can decline, the practical effect is that the entity can devalue the land before the offer, making meaningful exercise of the right of first refusal difficult.","confidence":0.75,"description":"The section requires the entity to notify the previous owner of its intention to 'offer the land to the previous owner,' but subsection (5) permits the entity to take an easement over the land BEFORE giving that notice. The previous owner is then notified under subsection (3)(c) of the nature of the easement already taken. This means the entity can encumber the land (reducing its value) prior to making any offer, with no opportunity for the previous owner to object to the easement before it is created."},{"type":"self_contradicting","section":"sec.7A(1) and sec.7A(2)","severity":"low","reasoning":"The primary definition of social housing in sec.7A(1)(a) requires eligibility requirements relating to income and assets. Crisis accommodation is typically provided urgently without such assessment. By including crisis accommodation as a species of social housing via sec.7A(1)(b)(ii), the definition creates a category that does not fit its own primary criterion.","confidence":0.65,"description":"Social housing is defined to include 'crisis accommodation' under sec.7A(1)(b)(ii), but sec.7A(2) states social housing does not include affordable housing. Crisis accommodation is typically provided on an emergency or short-term basis and often does not involve the eligibility requirements referenced in sec.7A(1)(a). The inclusion of crisis accommodation within a definition predicated on income/asset-based eligibility requirements is internally inconsistent."},{"type":"other","section":"sec.20F(1) and sec.20F(2)","severity":"low","reasoning":"Subsection (1) uses 'entity' and subsection (2) uses 'person.' While these may be intended as synonymous, the unexplained shift in terminology within consecutive subsections of the same section creates interpretive uncertainty, particularly since 'entity' and 'person' may have different meanings elsewhere in the Act.","confidence":0.6,"description":"Section 20F(1) refers to an agreement with 'an entity' about costs, while sec.20F(2) switches to 'the person' without defining who 'the person' is in this context. The inconsistent use of 'entity' and 'person' within the same provision creates ambiguity about whether the right to require a guarantee applies to the same party as the agreement."},{"type":"impossible_compliance","section":"sec.32O(1) and sec.32O(2)","severity":"medium","reasoning":"Requiring a direction about dividends for a financial year to be given before that year ends means the dividend is assessed on projected rather than actual profit. The estimate given in May covers only 10 of 12 months. A direction given before June 30 necessarily cannot reflect the full year's results, creating a structural inaccuracy in the dividend calculation process.","confidence":0.72,"description":"MEDQ is required to give the Minister a dividend estimate and recommendation during 1-15 May (within the financial year), and the Minister may give a direction to pay the dividend 'before the end of the financial year.' However, the dividend is described as being for 'a financial year' under sec.32N(1). Directing payment of a dividend for a financial year before that year has ended means the dividend is calculated on incomplete financial data, making the estimate inherently speculative and potentially inaccurate."}],"contradictions":[{"severity":"high","section_a":"sec.20A(5)","section_b":"sec.20A(7)","confidence":0.92,"description":"Section 20A(5) requires the Acquisition of Land Act 1967 process to apply to land taken under sec.20A as if it were being taken under that Act. Section 20A(7) declares that the taking of land under sec.20A is NOT a taking of land under the Acquisition of Land Act 1967. These two provisions are irreconcilable: you cannot apply an Act's process 'as if' it applies while simultaneously declaring it does not apply."},{"severity":"high","section_a":"sec.20B(4)","section_b":"sec.20B(6)","confidence":0.92,"description":"The same contradiction as sec.20A(5) vs sec.20A(7) is replicated for easements and other interests: the Acquisition of Land Act 1967 process is applied as if the interest were land, while sec.20B(6) declares the taking is not a taking under the Acquisition of Land Act 1967."},{"severity":"low","section_a":"sec.5(1)","section_b":"sec.5(2)","confidence":0.68,"description":"Section 5(1) states the Act binds all persons including the State. Section 5(2) states nothing in the Act makes the State liable to be prosecuted for an offence. To the extent the Act imposes obligations enforced by criminal prosecution, the State is nominally bound but practically immune, contradicting the universal binding effect of sec.5(1)."},{"severity":"medium","section_a":"sec.3(1)(c)","section_b":"sec.4(2) - ecological sustainability definition","confidence":0.78,"description":"The main purpose includes 'provision of diverse housing' and 'economic development.' The ecological sustainability definition in sec.4(2) includes 'economic development' as one of its components. MEDQ must pursue economic development (sec.3) while achieving ecological sustainability (sec.4(1)(a)(i)), but ecological sustainability is partly defined as economic development itself. This creates a self-referential loop where the constraint on the purpose incorporates the purpose."},{"severity":"medium","section_a":"sec.7D(1)","section_b":"sec.7E(1)","confidence":0.7,"description":"Section 7D(1) restricts MEDQ to providing assistance for social housing only to registered or exempt providers (with chief executive consent), excluding social housing under sec.7A(1)(b) (i.e., public housing and crisis accommodation). However, sec.7E(1) applies to any agreement MEDQ enters 'for the purpose of providing assistance to the entity to assist the entity to provide social housing' without any exclusion for sec.7A(1)(b) housing. This means the deemed funding agreement mechanism in sec.7E may apply to arrangements excluded from the restrictions in sec.7D."},{"severity":"low","section_a":"sec.32E(1)","section_b":"sec.32G(2)","confidence":0.62,"description":"Section 32E requires draft plans to be given to the Minister before 31 March for the 'next financial year,' implying a prospective plan covering the upcoming year. Section 32G(2) provides that the 'last given' draft, including modifications made 'before or after' the start of the financial year, is taken to be the operative plan. The phrase 'after that time' in sec.32G(2) means modifications can be made after the financial year starts and retroactively applied to the plan already deemed operative, creating confusion about what the operative plan actually is at any given point."},{"severity":"low","section_a":"sec.32D(1)","section_b":"sec.32D(3)","confidence":0.6,"description":"Section 32D(1) states compliance with the Financial Accountability Act 2009 is sufficient compliance with this division. Section 32D(3) states that if there is an inconsistency between this division and the Financial Accountability Act 2009, the Financial Accountability Act 2009 prevails. Together, these subsections mean this division's requirements are simultaneously equivalent to and overridden by the Financial Accountability Act 2009, making the additional requirements in this division (sec.32E-32L) potentially redundant or of no independent legal effect."}]},"kimi_summary":{"_metrics":{"completionTokens":740},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2012 focus on economic development and streamlined planning. The 2024 amendments (Act No. 32 of 2024) added: (1) compulsory land acquisition powers for 'place renewal areas' and infrastructure; (2) extensive social and affordable housing provisions integrating with the Housing Act 2003; (3) new governance structures including separate employing office and enhanced CEO provisions; (4) expanded reporting and strategic planning requirements; and (5) complex new transitional arrangements. The Act now functions as much as a housing and urban renewal statute as an economic development tool."},"complexity_factors":["Multiple overlapping planning instruments (provisional land use plans, interim land use plans, development schemes, temporary planning instruments)","Extensive cross-referencing with other Acts including Planning Act 2016, Housing Act 2003, Acquisition of Land Act 1967, and Native Title legislation","Nested conditional logic for when PDAs cease and approvals convert to standard planning approvals (sections 50-51AQ)","Complex governance structure with MEDQ, board, CEO, and separate EDQ employing office with interlocking powers","Detailed procedural requirements for declarations, consultations, submissions, and amendments with varying timeframes","Special provisions for water connections, infrastructure charges, and native title compatibility","Multiple categories of development (PDA assessable, PDA accepted, PDA-associated) with different assessment pathways","Transitional provisions preserving rights and converting approvals between legislative regimes"],"plain_english_summary":"This is the **Economic Development Act 2012** (Queensland), a substantial piece of legislation that establishes a powerful government body called **MEDQ** (Minister for Economic Development Queensland) to drive economic growth and development across the state.\n\n**What it does:**\n- **Creates MEDQ** as a corporation sole with broad powers to buy, sell, develop, and manage land and property\n- **Establishes Priority Development Areas (PDAs)** — special zones where MEDQ can fast-track planning and development, bypassing normal council processes\n- **Provides a streamlined planning framework** with its own development assessment rules, separate from Queensland's standard Planning Act\n- **Sets up an Economic Development Fund** to finance MEDQ's activities through land deals, borrowings, and government appropriations\n- **Includes extensive governance structures** — a board, CEO, separate employing office, reporting requirements, and ministerial oversight\n- **Contains complex transitional provisions** for when PDAs cease to exist, converting MEDQ approvals back into standard planning approvals\n\n**Who it affects:**\n- Property developers and landowners in declared Priority Development Areas\n- Local governments (councils) whose planning powers are overridden in PDAs\n- Housing providers, particularly social and affordable housing entities\n- Anyone seeking to develop land where MEDQ has declared an interest\n\n**Why it matters:**\nThis Act gives the Queensland government extraordinary powers to acquire land, override local planning controls, and fast-track major developments. It represents a significant centralisation of planning power away from local councils to a state-controlled entity. The 2024 amendments added substantial new powers for MEDQ to compulsorily acquire land and expanded housing-related functions.\n\n**Key recent additions (2024):**\n- New powers to take land compulsorily for infrastructure or \"place renewal areas\"\n- Integration with the Housing Act 2003 for social housing regulation\n- Enhanced governance and accountability frameworks\n- New \"place renewal area\" coordination powers"}},"importantCases":[],"_links":{"self":"/api/acts/economic-development-act-2012","history":"/api/acts/economic-development-act-2012/history","analysis":"/api/acts/economic-development-act-2012/analysis","conflicts":"/api/acts/economic-development-act-2012/conflicts","importantCases":"/api/acts/economic-development-act-2012/important-cases","documents":"/api/acts/economic-development-act-2012/documents"}}