{"id":"qld:act-2020-006","name":"Implementation of The Spit Master Plan Act 2020","slug":"implementation-of-the-spit-master-plan-act-2020","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"6 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29568,"registerId":"qld-act-2020-006-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Implementation of The Spit Master Plan Act 2020 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Purpose of Act","content":"### sec.2 Purpose of Act\n\nThe purpose of this Act is to facilitate the implementation of the Spit master plan by—\nenabling the Minister to perform functions and exercise powers in relation to roads in the master plan area; and\nproviding a streamlined process for the granting under the Land Act 1994 of particular interests in land in the master plan area to the State.\nSee also the Gold Coast Waterways Authority Act 2012 for the powers and functions of the Gold Coast Waterways Authority in relation to the implementation of the Spit master plan.\n- (a) enabling the Minister to perform functions and exercise powers in relation to roads in the master plan area; and\n- (b) providing a streamlined process for the granting under the Land Act 1994 of particular interests in land in the master plan area to the State.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Act binds all persons","content":"### sec.3 Act binds all persons\n\nThis Act binds all persons, including the State.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Definitions","content":"### sec.4 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of master plan area","content":"### sec.5 Meaning of master plan area\n\nThe master plan area is the area shown as The Spit master plan area on the map in schedule 1 .","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of Spit master plan","content":"### sec.6 Meaning of Spit master plan\n\nThe Spit master plan is the document called ‘The Spit master plan’, dated May 2019 and published by the department.","sortOrder":7},{"sectionNumber":"pt.3","sectionType":"part","heading":"Provisions relating to implementation of Spit master plan","content":"# Provisions relating to implementation of Spit master plan","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Roads and road closures","content":"### sec.7 Roads and road closures\n\nThe Minister may, for a road in the master plan area, perform functions or exercise powers the Minister considers necessary or desirable to facilitate the implementation of the Spit master plan.\nWithout limiting subsection (1) , the Minister may, by gazette notice, permanently or temporarily close all or part of a road in the master plan area.\nThe closure of the road or part takes effect from the day the gazette notice is published or a later day stated in the notice.\nBefore the closure takes effect, the Minister must publish notice of the closure in a newspaper circulating in the Gold Coast local government area.\nFailure to comply with subsection (4) does not invalidate the closure.\nThe Minister may do everything necessary to stop traffic using a road or part of a road closed under this section.\nA road or part of a road that is permanently closed under this section may be dealt with under an Act as unallocated State land.\nTo remove any doubt, it is declared that this section applies in relation to a road—\nwhether or not the road is a State-controlled road under the Transport Infrastructure Act 1994 ; and\nwhether or not the Land Act 1994 applies in relation to the road.\nThe Local Government Act 2009 , section 75 and the Transport Infrastructure Act 1994 , section 33 do not apply in relation to the performance of a function, or the exercise of a power, under this section.\nIn this section—\nroad see the Land Act 1994 , section 93 .\n(sec.7-ssec.1) The Minister may, for a road in the master plan area, perform functions or exercise powers the Minister considers necessary or desirable to facilitate the implementation of the Spit master plan.\n(sec.7-ssec.2) Without limiting subsection (1) , the Minister may, by gazette notice, permanently or temporarily close all or part of a road in the master plan area.\n(sec.7-ssec.3) The closure of the road or part takes effect from the day the gazette notice is published or a later day stated in the notice.\n(sec.7-ssec.4) Before the closure takes effect, the Minister must publish notice of the closure in a newspaper circulating in the Gold Coast local government area.\n(sec.7-ssec.5) Failure to comply with subsection (4) does not invalidate the closure.\n(sec.7-ssec.6) The Minister may do everything necessary to stop traffic using a road or part of a road closed under this section.\n(sec.7-ssec.7) A road or part of a road that is permanently closed under this section may be dealt with under an Act as unallocated State land.\n(sec.7-ssec.8) To remove any doubt, it is declared that this section applies in relation to a road— whether or not the road is a State-controlled road under the Transport Infrastructure Act 1994 ; and whether or not the Land Act 1994 applies in relation to the road.\n(sec.7-ssec.9) The Local Government Act 2009 , section 75 and the Transport Infrastructure Act 1994 , section 33 do not apply in relation to the performance of a function, or the exercise of a power, under this section.\n(sec.7-ssec.10) In this section— road see the Land Act 1994 , section 93 .\n- (a) whether or not the road is a State-controlled road under the Transport Infrastructure Act 1994 ; and\n- (b) whether or not the Land Act 1994 applies in relation to the road.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Granting of deeds of grant under the Land Act 1994 for land in the master plan area","content":"### sec.8 Granting of deeds of grant under the Land Act 1994 for land in the master plan area\n\nFor the Land Act 1994 , chapter 4 , part 1 , division 2 , a deed of grant of unallocated State land in the master plan area may be granted under that Act without competition if the grant is to the State.\nThe Land Act 1994 , section 16 does not apply in relation to the grant.\nDespite the Land Act 1994 , no fee or amount is payable by the State in relation to the grant, including—\na purchase price for the land; or\nan amount for the value of improvements on the land; or\na fee for the registration of the grant.\nSubsection (1) does not limit the Land Act 1994 , chapter 4 , part 1 , division 2 .\n(sec.8-ssec.1) For the Land Act 1994 , chapter 4 , part 1 , division 2 , a deed of grant of unallocated State land in the master plan area may be granted under that Act without competition if the grant is to the State.\n(sec.8-ssec.2) The Land Act 1994 , section 16 does not apply in relation to the grant.\n(sec.8-ssec.3) Despite the Land Act 1994 , no fee or amount is payable by the State in relation to the grant, including— a purchase price for the land; or an amount for the value of improvements on the land; or a fee for the registration of the grant.\n(sec.8-ssec.4) Subsection (1) does not limit the Land Act 1994 , chapter 4 , part 1 , division 2 .\n- (a) a purchase price for the land; or\n- (b) an amount for the value of improvements on the land; or\n- (c) a fee for the registration of the grant.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Granting of leases under the Land Act 1994 for land in the master plan area","content":"### sec.9 Granting of leases under the Land Act 1994 for land in the master plan area\n\nThe Land Act 1994 , section 16 does not apply in relation to the grant of a lease, under that Act, of unallocated State land in the master plan area if the grant is to the State.","sortOrder":11},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Delegations","content":"### sec.10 Delegations\n\nThe Minister may delegate the Minister’s functions or powers under this Act to the chief executive.","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Regulation-making power","content":"### sec.11 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.","sortOrder":14}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act confines its changes to the defined Spit master plan area and to specific implementation mechanisms: road control/closure, streamlined transfer of unallocated State land to the State without competition or fees, delegation to the chief executive, and regulation-making (secs 5–11). It does not broaden the geographic or subject-matter scope beyond the master plan area or add unrelated powers; rather it alters procedures and removes certain statutory requirements within that confined scope."},"complexity_factors":["Broad ministerial discretion to \"perform functions or exercise powers the Minister considers necessary or desirable\" for roads in the master plan area (sec 7(1)) increases interpretive uncertainty about scope of action.","Power to permanently or temporarily close roads by gazette notice, with a separate newspaper notice requirement whose non-compliance does not invalidate the closure (secs 7(2)–(5)), creates procedural nuance for validity and public notice.","Explicit carve-outs from other statutes: excludes application of specific Local Government and Transport Infrastructure Act provisions to actions under sec 7(9), and declares applicability irrespective of whether a road is State-controlled or the Land Act applies (sec 7(8)–(9)), producing cross‑statutory complexity.","Land transfer rules: permits deeds of grant or leases of unallocated State land in the area to be made to the State without competition and without payment of purchase price, improvement value, or registration fees (secs 8(1)–(3), 9), altering standard Land Act procedures and financial flows.","Delegation and regulation powers (secs 10–11) concentrate implementation choices in the executive and permit subordinate rule-making, adding administrative discretion and potential variation over time.","Multiple cross-references to external instruments (Land Act 1994, Transport Infrastructure Act 1994, Local Government Act 2009, and the Spit master plan document) require reading across instruments to determine full legal effects (secs 5–6, 7, 8–9)."],"plain_english_summary":"This Act gives the Minister specific powers to implement the Spit master plan in the mapped master plan area by controlling roads (including temporary or permanent closures by gazette notice) and by allowing the State to receive grants or leases of unallocated State land in that area through a streamlined process. It removes competition and fee requirements for those land grants and allows delegation to the chief executive and the making of regulations, while requiring (but not invalidating for failure of) local newspaper notices for closures."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act's scope appears consistent with its stated purpose. It is tightly focused on The Spit master plan area as defined by the schedule map, and its provisions directly implement the two stated goals: enabling road management and streamlining land interest grants in that specific area. There is no evidence of scope creep beyond the original intent."},"complexity_factors":["Interacts with multiple pieces of Queensland legislation (Land Act 1994, Transport Infrastructure Act 1994, Local Government Act 2009, Gold Coast Waterways Authority Act 2012) requiring cross-referencing to fully understand","Explicitly overrides provisions in other Acts, which requires understanding what those provisions normally do","Geographic scope defined by reference to an external schedule map rather than plain description, requiring access to the Act itself to understand the area","The Spit master plan itself is an external document incorporated by reference, meaning the full effect of the Act depends on reading a separate government document","Procedural nuance around road closures — newspaper notice is required but its failure doesn't invalidate the closure, creating an unusual legal position","Technical land law concepts (deeds of grant, unallocated State land, competitive processes under Land Act) require background knowledge to understand","Dictionary of defined terms in a schedule adds a layer of interpretation dependency"],"plain_english_summary":"This Act fast-tracks delivery of the Spit Master Plan by giving the Queensland Minister special powers to close roads, transfer unallocated State land to the State, and obtain leases in The Spit area without the usual competitive processes, fees or local-government controls.  \n\nIt affects Gold Coast residents, businesses, and the City Council by overriding normal safeguards and public participation—speeding redevelopment but reducing transparency and avenues for challenge."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the implementation of The Spit Master Plan through specific road management powers and streamlined land grants. The scope has not expanded beyond the master plan area or the two primary mechanisms (roads and land grants) outlined in the purpose clause."},"complexity_factors":["Short statute (11 sections, 4 parts)","Only 2 defined terms in the interpretation section (master plan area, Spit master plan), with remaining definitions relegated to a schedule dictionary","Simple conditional logic (primarily 'if the grant is to the State' conditions)","Cross-references to external Acts (*Land Act 1994*, *Transport Infrastructure Act 1994*, *Local Government Act 1994*, *Local Government Act 2009*) but used for exclusionary purposes rather than complex integration","No nested exceptions or multi-layered conditional structures","Straightforward delegation power (section 10) and regulation-making power (section 11) without elaborate limitations","Purpose clause is clear and specific (section 2)"],"plain_english_summary":"**What this law does:**\n\nThis Act is designed to fast-track development at The Spit on the Gold Coast by giving the Minister special powers to manage roads and transfer land.\n\n**Key things it allows:**\n\n*   **Road closures:** The Minister can permanently or temporarily close roads in The Spit area (shown on a map in the Act) by publishing a notice in the government gazette. Even if the Minister forgets to publish a notice in the local newspaper first, the closure still stands. Once a road is permanently closed, it becomes \"unallocated State land\" (government-owned land not yet designated for a specific purpose).\n*   **Land transfers:** The State can grant itself ownership (deeds of grant) or leases over unallocated State land in The Spit area without having to compete with anyone else for it, and without paying fees, purchase prices, or registration costs that would normally apply.\n*   **Overriding other laws:** The Act specifically switches off parts of other laws that would normally apply, including the *Local Government Act 2009*, the *Transport Infrastructure Act 1994*, and sections of the *Land Act 1994* that require competitive processes or fees.\n\n**Who it affects:**\n\n*   **Gold Coast residents and visitors:** Anyone using roads in The Spit area could find them closed with minimal notice.\n*   **Local government:** The Gold Coast City Council loses its usual powers over local roads in this area.\n*   **The State:** Gets streamlined, cost-free access to land for development purposes.\n\n**Why it matters:**\n\nThis Act removes the usual checks and balances that protect public access to roads and ensure fair, competitive processes for land allocation. It centralises power with the Minister and makes it easier for the government to reconfigure The Spit for major development projects without the usual public consultation or procedural safeguards."}},"importantCases":[],"_links":{"self":"/api/acts/implementation-of-the-spit-master-plan-act-2020","history":"/api/acts/implementation-of-the-spit-master-plan-act-2020/history","analysis":"/api/acts/implementation-of-the-spit-master-plan-act-2020/analysis","conflicts":"/api/acts/implementation-of-the-spit-master-plan-act-2020/conflicts","importantCases":"/api/acts/implementation-of-the-spit-master-plan-act-2020/important-cases","documents":"/api/acts/implementation-of-the-spit-master-plan-act-2020/documents"}}