{"id":"qld:act-2016-026","name":"Planning and Environment Court Act 2016","slug":"planning-and-environment-court-act-2016","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"26 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29639,"registerId":"qld-act-2016-026-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 Planning and Environment Court Act 2016 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Dictionary","content":"### sec.3 Dictionary\n\nThe dictionary in schedule 1 defines words used in this Act.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Establishment and jurisdiction","content":"# Establishment and jurisdiction","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"Continuation","content":"### sec.4 Continuation\n\nThe Planning and Environment Court (the P&E Court ) is continued in existence.\nThe P&E Court—\nis a court of record; and\nhas a seal that must be judicially noticed.\n(sec.4-ssec.1) The Planning and Environment Court (the P&E Court ) is continued in existence.\n(sec.4-ssec.2) The P&E Court— is a court of record; and has a seal that must be judicially noticed.\n- (a) is a court of record; and\n- (b) has a seal that must be judicially noticed.","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Constituting P&E Court","content":"### sec.5 Constituting P&E Court\n\nThe Governor in Council may, by gazette notice, appoint 1 or more District Court judges who are each to constitute the P&E Court.\nA District Court judge appointed to constitute the P&E Court is called a P&E Court judge .\nThe appointment may be for a specific period.\nIf a District Court judge purports to constitute, and make a decision or order of, the P&E Court, the decision or order is valid despite—\nthe judge not having been appointed as a P&E Court judge; or\nthe judge’s appointment as a P&E Court judge having ended.\nMore than 1 P&E Court may sit at the same time.\nWhen more than 1 P&E Court is sitting at the same time, each may exercise the jurisdiction and powers of the P&E Court.\n(sec.5-ssec.1) The Governor in Council may, by gazette notice, appoint 1 or more District Court judges who are each to constitute the P&E Court.\n(sec.5-ssec.2) A District Court judge appointed to constitute the P&E Court is called a P&E Court judge .\n(sec.5-ssec.3) The appointment may be for a specific period.\n(sec.5-ssec.4) If a District Court judge purports to constitute, and make a decision or order of, the P&E Court, the decision or order is valid despite— the judge not having been appointed as a P&E Court judge; or the judge’s appointment as a P&E Court judge having ended.\n(sec.5-ssec.5) More than 1 P&E Court may sit at the same time.\n(sec.5-ssec.6) When more than 1 P&E Court is sitting at the same time, each may exercise the jurisdiction and powers of the P&E Court.\n- (a) the judge not having been appointed as a P&E Court judge; or\n- (b) the judge’s appointment as a P&E Court judge having ended.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Chief Judge has overall responsibility for P&E Court","content":"### sec.6 Chief Judge has overall responsibility for P&E Court\n\nThe Chief Judge is responsible for the administration of the P&E Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the P&E Court.\nSubject to any Act, the Chief Judge has power to do all things necessary or convenient to perform the functions mentioned in subsection (1) .\n(sec.6-ssec.1) The Chief Judge is responsible for the administration of the P&E Court and for ensuring the orderly and expeditious exercise of the jurisdiction and powers of the P&E Court.\n(sec.6-ssec.2) Subject to any Act, the Chief Judge has power to do all things necessary or convenient to perform the functions mentioned in subsection (1) .","sortOrder":8},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"General jurisdiction","content":"## General jurisdiction","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Jurisdiction","content":"### sec.7 Jurisdiction\n\nThe P&E Court has jurisdiction given to it under any Act (each an enabling Act ).\nVarious Acts give the P&E Court jurisdiction. However, under the Planning Act , chapter 6 and schedule 1 and part 4 of this Act, its main heads of jurisdiction are—\nappeals against decisions under the Planning Act (in this Act, called ‘Planning Act appeals’)\nappeals against decisions of tribunals established under the Planning Act , section 235 .\nFor when courts have jurisdiction, see also the Acts Interpretation Act 1954 , section 49A .\nUnless the Supreme Court decides a P&E Court decision or other matter under a relevant enabling Act is affected by jurisdictional error, the decision or matter is non-appealable, other than—\nunder part 7 ; or\nunder the relevant enabling Act.\nIn this section—\nnon-appealable , for a P&E Court decision or matter, means the decision or matter—\nis final and conclusive; and\nmay not be challenged, appealed against, reviewed, quashed, set aside or called into question in any way in any court.\n(sec.7-ssec.1) The P&E Court has jurisdiction given to it under any Act (each an enabling Act ). Various Acts give the P&E Court jurisdiction. However, under the Planning Act , chapter 6 and schedule 1 and part 4 of this Act, its main heads of jurisdiction are— appeals against decisions under the Planning Act (in this Act, called ‘Planning Act appeals’) appeals against decisions of tribunals established under the Planning Act , section 235 . For when courts have jurisdiction, see also the Acts Interpretation Act 1954 , section 49A .\n(sec.7-ssec.2) Unless the Supreme Court decides a P&E Court decision or other matter under a relevant enabling Act is affected by jurisdictional error, the decision or matter is non-appealable, other than— under part 7 ; or under the relevant enabling Act.\n(sec.7-ssec.3) In this section— non-appealable , for a P&E Court decision or matter, means the decision or matter— is final and conclusive; and may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any way in any court.\n- 1 Various Acts give the P&E Court jurisdiction. However, under the Planning Act , chapter 6 and schedule 1 and part 4 of this Act, its main heads of jurisdiction are— • appeals against decisions under the Planning Act (in this Act, called ‘Planning Act appeals’) • appeals against decisions of tribunals established under the Planning Act , section 235 .\n- • appeals against decisions under the Planning Act (in this Act, called ‘Planning Act appeals’)\n- • appeals against decisions of tribunals established under the Planning Act , section 235 .\n- 2 For when courts have jurisdiction, see also the Acts Interpretation Act 1954 , section 49A .\n- • appeals against decisions under the Planning Act (in this Act, called ‘Planning Act appeals’)\n- • appeals against decisions of tribunals established under the Planning Act , section 235 .\n- (a) under part 7 ; or\n- (b) under the relevant enabling Act.\n- (a) is final and conclusive; and\n- (b) may not be challenged, appealed against, reviewed, quashed, set aside or called into question in any way in any court.","sortOrder":10},{"sectionNumber":"sec.8","sectionType":"section","heading":"District Court jurisdiction unimpaired","content":"### sec.8 District Court jurisdiction unimpaired\n\nA P&E Court judge retains all of the judge’s jurisdiction as a District Court judge.","sortOrder":11},{"sectionNumber":"sec.9","sectionType":"section","heading":"When P&E Court must remit to tribunal","content":"### sec.9 When P&E Court must remit to tribunal\n\nIf—\na P&E Court proceeding is, or includes, a matter within a tribunal’s jurisdiction; and\nthe court is satisfied the matter should be dealt with by the tribunal;\nthe court must, by order, remit the matter to the tribunal.\nOn the making of the order, the Planning Act , sections 229 and 239 apply as if the document starting the P&E Court proceeding were a document starting a tribunal proceeding under that Act.\n(sec.9-ssec.1) If— a P&E Court proceeding is, or includes, a matter within a tribunal’s jurisdiction; and the court is satisfied the matter should be dealt with by the tribunal; the court must, by order, remit the matter to the tribunal.\n(sec.9-ssec.2) On the making of the order, the Planning Act , sections 229 and 239 apply as if the document starting the P&E Court proceeding were a document starting a tribunal proceeding under that Act.\n- (a) a P&E Court proceeding is, or includes, a matter within a tribunal’s jurisdiction; and\n- (b) the court is satisfied the matter should be dealt with by the tribunal;","sortOrder":12},{"sectionNumber":"sec.10","sectionType":"section","heading":"Principles for exercising jurisdiction","content":"### sec.10 Principles for exercising jurisdiction\n\nIn conducting P&E Court proceedings and applying the rules, the P&E Court must—\nfacilitate the just and expeditious resolution of the issues; and\navoid undue delay, expense and technicality.\nThe parties to a P&E Court proceeding impliedly undertake to the court and each other to proceed in an expeditious way.\n(sec.10-ssec.1) In conducting P&E Court proceedings and applying the rules, the P&E Court must— facilitate the just and expeditious resolution of the issues; and avoid undue delay, expense and technicality.\n(sec.10-ssec.2) The parties to a P&E Court proceeding impliedly undertake to the court and each other to proceed in an expeditious way.\n- (a) facilitate the just and expeditious resolution of the issues; and\n- (b) avoid undue delay, expense and technicality.","sortOrder":13},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Declaratory jurisdiction","content":"## Declaratory jurisdiction","sortOrder":14},{"sectionNumber":"sec.11","sectionType":"section","heading":"General declaratory jurisdiction","content":"### sec.11 General declaratory jurisdiction\n\nAny person may start a P&E Court proceeding seeking a declaration (a declaratory proceeding ) about—\na matter done, to be done or that should have been done for this Act or the Planning Act ; or\nthe interpretation of this Act or the Planning Act ; or\nthe lawfulness of land use or development under the Planning Act ; or\nthe construction of a land use plan under the Airport Assets (Restructuring and Disposal) Act 2008 and the interpretation of chapter 3 , part 1 of that Act; or\nthe construction of the Brisbane port LUP under the Transport Infrastructure Act 1994 .\nUnder the Acts Interpretation Act 1954 , section 7 , a reference to an Act in this list of subject matter about which a declaration may be sought includes a reference to the statutory instruments made under the Act .\nHowever—\na declaratory proceeding for a matter under the Planning Act , chapter 3 , part 6 , division 3 or part 6A may be started only under section 12 ; and\na declaratory proceeding for a matter stated in section 12A may be started only under that section.\nAlso, a person may not start a declaratory proceeding for a matter under—\nthe Planning Act , chapter 3 , part 6 , division 2 ; or\nthe Planning Act , section 106ZE or 106ZF .\nThe P&E Court may also make an order about any declaration it makes.\nSubsections (6) and (7) apply if—\na development application or change application is declared to be an application for State facilitated development under the Planning Act , section 106D ; and\nthe declaration is revoked under section 106HC of that Act.\nDespite subsection (2) (a) , a person may start a declaratory proceeding in relation to the effect of the revocation under the Planning Act , section 106HE , 106HF or 106HG .\nAlso, to remove any doubt, it is declared that a person may start a declaratory proceeding in relation to the process for administering the development application or change application under the Planning Act .\nFor a proceeding under this section in relation to a development approval that was a PDA development approval under the Economic Development Act 2012 , see also section 51AJ (3) and (4) of that Act.\ns 11 amd 2019 No. 11 s 185 ; 2024 No. 13 s 100 ; 2024 No. 53 s 40 ; 2025 No. 14 s 28\n(sec.11-ssec.1) Any person may start a P&E Court proceeding seeking a declaration (a declaratory proceeding ) about— a matter done, to be done or that should have been done for this Act or the Planning Act ; or the interpretation of this Act or the Planning Act ; or the lawfulness of land use or development under the Planning Act ; or the construction of a land use plan under the Airport Assets (Restructuring and Disposal) Act 2008 and the interpretation of chapter 3 , part 1 of that Act; or the construction of the Brisbane port LUP under the Transport Infrastructure Act 1994 . Under the Acts Interpretation Act 1954 , section 7 , a reference to an Act in this list of subject matter about which a declaration may be sought includes a reference to the statutory instruments made under the Act .\n(sec.11-ssec.2) However— a declaratory proceeding for a matter under the Planning Act , chapter 3 , part 6 , division 3 or part 6A may be started only under section 12 ; and a declaratory proceeding for a matter stated in section 12A may be started only under that section.\n(sec.11-ssec.3) Also, a person may not start a declaratory proceeding for a matter under— the Planning Act , chapter 3 , part 6 , division 2 ; or the Planning Act , section 106ZE or 106ZF .\n(sec.11-ssec.4) The P&E Court may also make an order about any declaration it makes.\n(sec.11-ssec.5) Subsections (6) and (7) apply if— a development application or change application is declared to be an application for State facilitated development under the Planning Act , section 106D ; and the declaration is revoked under section 106HC of that Act.\n(sec.11-ssec.6) Despite subsection (2) (a) , a person may start a declaratory proceeding in relation to the effect of the revocation under the Planning Act , section 106HE , 106HF or 106HG .\n(sec.11-ssec.7) Also, to remove any doubt, it is declared that a person may start a declaratory proceeding in relation to the process for administering the development application or change application under the Planning Act .\n- (a) a matter done, to be done or that should have been done for this Act or the Planning Act ; or\n- (b) the interpretation of this Act or the Planning Act ; or\n- (c) the lawfulness of land use or development under the Planning Act ; or\n- (d) the construction of a land use plan under the Airport Assets (Restructuring and Disposal) Act 2008 and the interpretation of chapter 3 , part 1 of that Act; or\n- (e) the construction of the Brisbane port LUP under the Transport Infrastructure Act 1994 . Note— Under the Acts Interpretation Act 1954 , section 7 , a reference to an Act in this list of subject matter about which a declaration may be sought includes a reference to the statutory instruments made under the Act .\n- (a) a declaratory proceeding for a matter under the Planning Act , chapter 3 , part 6 , division 3 or part 6A may be started only under section 12 ; and\n- (b) a declaratory proceeding for a matter stated in section 12A may be started only under that section.\n- (a) the Planning Act , chapter 3 , part 6 , division 2 ; or\n- (b) the Planning Act , section 106ZE or 106ZF .\n- (a) a development application or change application is declared to be an application for State facilitated development under the Planning Act , section 106D ; and\n- (b) the declaration is revoked under section 106HC of that Act.","sortOrder":15},{"sectionNumber":"sec.12","sectionType":"section","heading":"Declaratory jurisdiction for particular matters under Planning Act , ch 3, pts 6 and 6A","content":"### sec.12 Declaratory jurisdiction for particular matters under Planning Act , ch 3, pts 6 and 6A\n\nThis section applies to an assessment manager for a development application if—\nthe application is the subject of a call in under the Planning Act ; and\nwhen the call in took place, the assessment manager had not decided, or had refused, the application.\nAlso, this section applies to the assessment manager for a development application or proposed development application if—\nthe application is declared to be an application for State facilitated development under the Planning Act , section 106D ; and\nwhen the declaration took effect, the assessment manager had not decided, or had refused, the application.\nThe assessment manager may start a proceeding (also a declaratory proceeding ) in the P&E Court for a declaration about a matter done, to be done or that should have been done in relation to the call in or declaration.\ns 12 amd 2024 No. 13 s 101 ; 2025 No. 14 s 29\n(sec.12-ssec.1) This section applies to an assessment manager for a development application if— the application is the subject of a call in under the Planning Act ; and when the call in took place, the assessment manager had not decided, or had refused, the application.\n(sec.12-ssec.2) Also, this section applies to the assessment manager for a development application or proposed development application if— the application is declared to be an application for State facilitated development under the Planning Act , section 106D ; and when the declaration took effect, the assessment manager had not decided, or had refused, the application.\n(sec.12-ssec.3) The assessment manager may start a proceeding (also a declaratory proceeding ) in the P&E Court for a declaration about a matter done, to be done or that should have been done in relation to the call in or declaration.\n- (a) the application is the subject of a call in under the Planning Act ; and\n- (b) when the call in took place, the assessment manager had not decided, or had refused, the application.\n- (a) the application is declared to be an application for State facilitated development under the Planning Act , section 106D ; and\n- (b) when the declaration took effect, the assessment manager had not decided, or had refused, the application.","sortOrder":16},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Declaratory jurisdiction for other particular matters under Planning Act","content":"### sec.12A Declaratory jurisdiction for other particular matters under Planning Act\n\nA person may start a proceeding in the P&E Court for a declaration about a matter stated in, to be stated in or that should have been stated in a social impact assessment report for a development application or change application if the person is—\nthe applicant; or\nif a development approval has been given for the application—the holder of the approval; or\nthe assessment manager or responsible entity for the application.\nA person may start a proceeding in the P&E Court for a declaration about a matter stated in, to be stated in or that should have been stated in a community benefit agreement if—\nthe person is a party to the community benefit agreement; or\nthe proceeding relates to the enforcement of a condition of a development approval for development requiring social impact assessment that requires compliance with the community benefit agreement.\nA person may start a proceeding in the P&E Court for a declaration about the imposition of, or a failure to impose, a condition on a development approval for development requiring social impact assessment under the Planning Act , section 65AA (2) or (3) if the person is—\nthe applicant for or holder of the development approval; or\nthe assessment manager or responsible entity for the application for the development approval.\nSubsection (3) applies subject to section 11 (3) (b) .\nA proceeding started under this section is a declaratory proceeding .\nIn this section—\ncommunity benefit agreement see the Planning Act , section 106Y (1) .\ndevelopment requiring social impact assessment see the Planning Act , schedule 2 .\nresponsible entity , for a change application, see the Planning Act , section 78A .\nsocial impact assessment report see the Planning Act , section 106V .\ns 12A ins 2025 No. 14 s 30\n(sec.12A-ssec.1) A person may start a proceeding in the P&E Court for a declaration about a matter stated in, to be stated in or that should have been stated in a social impact assessment report for a development application or change application if the person is— the applicant; or if a development approval has been given for the application—the holder of the approval; or the assessment manager or responsible entity for the application.\n(sec.12A-ssec.2) A person may start a proceeding in the P&E Court for a declaration about a matter stated in, to be stated in or that should have been stated in a community benefit agreement if— the person is a party to the community benefit agreement; or the proceeding relates to the enforcement of a condition of a development approval for development requiring social impact assessment that requires compliance with the community benefit agreement.\n(sec.12A-ssec.3) A person may start a proceeding in the P&E Court for a declaration about the imposition of, or a failure to impose, a condition on a development approval for development requiring social impact assessment under the Planning Act , section 65AA (2) or (3) if the person is— the applicant for or holder of the development approval; or the assessment manager or responsible entity for the application for the development approval.\n(sec.12A-ssec.4) Subsection (3) applies subject to section 11 (3) (b) .\n(sec.12A-ssec.5) A proceeding started under this section is a declaratory proceeding .\n(sec.12A-ssec.6) In this section— community benefit agreement see the Planning Act , section 106Y (1) . development requiring social impact assessment see the Planning Act , schedule 2 . responsible entity , for a change application, see the Planning Act , section 78A . social impact assessment report see the Planning Act , section 106V .\n- (a) the applicant; or\n- (b) if a development approval has been given for the application—the holder of the approval; or\n- (c) the assessment manager or responsible entity for the application.\n- (a) the person is a party to the community benefit agreement; or\n- (b) the proceeding relates to the enforcement of a condition of a development approval for development requiring social impact assessment that requires compliance with the community benefit agreement.\n- (a) the applicant for or holder of the development approval; or\n- (b) the assessment manager or responsible entity for the application for the development approval.","sortOrder":17},{"sectionNumber":"pt.3","sectionType":"part","heading":"Rules and orders or directions","content":"# Rules and orders or directions","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Rules","content":"### sec.13 Rules\n\nThe Governor in Council may make rules of the P&E Court about any or all of the following matters—\nanything required or permitted under an enabling Act to be prescribed by the rules;\nthe P&E Court’s procedures;\nanything necessary or convenient for the P&E Court’s purposes.\na matter that may be dealt with by the P&E Court’s officers under part 8\nHowever, the rules may be made only with the concurrence of the Chief Judge and a P&E Court judge.\nThe P&E Court’s procedures are governed by the rules, subject to relevant enabling Acts.\nThe rules may be uniform rules that apply to other courts.\nThe rules are subordinate legislation.\ns 13 amd 2019 No. 11 s 231 s ch 1 pt 1\n(sec.13-ssec.1) The Governor in Council may make rules of the P&E Court about any or all of the following matters— anything required or permitted under an enabling Act to be prescribed by the rules; the P&E Court’s procedures; anything necessary or convenient for the P&E Court’s purposes. a matter that may be dealt with by the P&E Court’s officers under part 8\n(sec.13-ssec.2) However, the rules may be made only with the concurrence of the Chief Judge and a P&E Court judge.\n(sec.13-ssec.3) The P&E Court’s procedures are governed by the rules, subject to relevant enabling Acts.\n(sec.13-ssec.4) The rules may be uniform rules that apply to other courts.\n(sec.13-ssec.5) The rules are subordinate legislation.\n- (a) anything required or permitted under an enabling Act to be prescribed by the rules;\n- (b) the P&E Court’s procedures;\n- (c) anything necessary or convenient for the P&E Court’s purposes.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Orders and directions","content":"### sec.14 Orders and directions\n\nThe P&E Court may make an order or direction about the conduct of a P&E Court proceeding.\nThe Chief Judge may make directions of general application about the P&E Court’s procedures.\nSee, for example, section 22 .\nIn making an order or direction under this section, the interests of justice are paramount.\nAn order or direction made under this section may be inconsistent with a provision of the rules.\nHowever, if there is an inconsistency between an order or direction made under this section and a provision of the rules, the order or direction prevails to the extent of the inconsistency.\nThe P&E Court or Chief Judge may vary or revoke an order or direction made under this section.\n(sec.14-ssec.1) The P&E Court may make an order or direction about the conduct of a P&E Court proceeding.\n(sec.14-ssec.2) The Chief Judge may make directions of general application about the P&E Court’s procedures. See, for example, section 22 .\n(sec.14-ssec.3) In making an order or direction under this section, the interests of justice are paramount.\n(sec.14-ssec.4) An order or direction made under this section may be inconsistent with a provision of the rules.\n(sec.14-ssec.5) However, if there is an inconsistency between an order or direction made under this section and a provision of the rules, the order or direction prevails to the extent of the inconsistency.\n(sec.14-ssec.6) The P&E Court or Chief Judge may vary or revoke an order or direction made under this section.","sortOrder":20},{"sectionNumber":"pt.4","sectionType":"part","heading":"Powers and procedure (general)","content":"# Powers and procedure (general)","sortOrder":21},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Alternative dispute resolution","content":"## Alternative dispute resolution","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Purpose of subdivision","content":"### sec.15 Purpose of subdivision\n\nThe purpose of this subdivision is to provide an opportunity for parties to a P&E Court proceeding to participate in an ADR process.","sortOrder":23},{"sectionNumber":"sec.16","sectionType":"section","heading":"ADR process","content":"### sec.16 ADR process\n\nAn ADR process is a process, without adjudication, under the rules in which an ADR registrar or mediator helps the parties to a dispute the subject of the P&E Court proceeding to achieve an early, inexpensive settlement or resolution of the dispute.\nThe ADR process includes all the steps involved in the process, including the following steps—\nADR conferences;\npre-ADR conference and post-ADR conference sessions;\njoint sessions of some or all of the parties;\nprivate sessions;\nanother step prescribed by the rules.\nAn ADR registrar may, as part of the ADR process, confer with the parties about the way to conduct the P&E Court proceeding.\ns 16 amd 2019 No. 11 s 191\n(sec.16-ssec.1) An ADR process is a process, without adjudication, under the rules in which an ADR registrar or mediator helps the parties to a dispute the subject of the P&E Court proceeding to achieve an early, inexpensive settlement or resolution of the dispute.\n(sec.16-ssec.2) The ADR process includes all the steps involved in the process, including the following steps— ADR conferences; pre-ADR conference and post-ADR conference sessions; joint sessions of some or all of the parties; private sessions; another step prescribed by the rules.\n(sec.16-ssec.3) An ADR registrar may, as part of the ADR process, confer with the parties about the way to conduct the P&E Court proceeding.\n- (a) ADR conferences;\n- (b) pre-ADR conference and post-ADR conference sessions;\n- (c) joint sessions of some or all of the parties;\n- (d) private sessions;\n- (e) another step prescribed by the rules.","sortOrder":24},{"sectionNumber":"sec.17","sectionType":"section","heading":"Referral to ADR process","content":"### sec.17 Referral to ADR process\n\nIf a P&E Court proceeding is referred to an ADR process—\nthe proceeding is not stayed, unless the P&E Court orders otherwise; but\nthe P&E Court can not decide the proceeding until the ADR process has been finalised.\n- (a) the proceeding is not stayed, unless the P&E Court orders otherwise; but\n- (b) the P&E Court can not decide the proceeding until the ADR process has been finalised.","sortOrder":25},{"sectionNumber":"sec.18","sectionType":"section","heading":"Resolution agreement","content":"### sec.18 Resolution agreement\n\nIf the parties agree on a resolution of their dispute or part of it as a result of an ADR process, the agreement must be written down and signed by or for each party and by the ADR registrar, or mediator, who conducted the ADR process.\nThe agreement has effect as a compromise.\ns 18 amd 2019 No. 11 s 192\n(sec.18-ssec.1) If the parties agree on a resolution of their dispute or part of it as a result of an ADR process, the agreement must be written down and signed by or for each party and by the ADR registrar, or mediator, who conducted the ADR process.\n(sec.18-ssec.2) The agreement has effect as a compromise.","sortOrder":26},{"sectionNumber":"sec.19","sectionType":"section","heading":"Documents to be filed","content":"### sec.19 Documents to be filed\n\nAs soon as practicable after an ADR process has finished, the ADR registrar, or mediator, who conducted the ADR process must file a certificate about the ADR process in the approved form.\nThe certificate must not contain comment about the extent to which a party participated or refused to participate in the ADR process.\nHowever, the certificate may indicate that a party did not attend the ADR process.\ns 19 amd 2019 No. 11 s 193\n(sec.19-ssec.1) As soon as practicable after an ADR process has finished, the ADR registrar, or mediator, who conducted the ADR process must file a certificate about the ADR process in the approved form.\n(sec.19-ssec.2) The certificate must not contain comment about the extent to which a party participated or refused to participate in the ADR process.\n(sec.19-ssec.3) However, the certificate may indicate that a party did not attend the ADR process.","sortOrder":27},{"sectionNumber":"sec.20","sectionType":"section","heading":"Orders giving effect to resolution agreement","content":"### sec.20 Orders giving effect to resolution agreement\n\nA party may apply to the P&E Court for an order giving effect to an agreement reached as a result of an ADR process.\nHowever, a party may apply for the order only after the ADR registrar, or mediator, who conducted the ADR process files a certificate about the process under section 19 (1) .\nThe P&E Court may make any order it considers appropriate in the circumstances.\ns 20 amd 2019 No. 11 s 194\n(sec.20-ssec.1) A party may apply to the P&E Court for an order giving effect to an agreement reached as a result of an ADR process.\n(sec.20-ssec.2) However, a party may apply for the order only after the ADR registrar, or mediator, who conducted the ADR process files a certificate about the process under section 19 (1) .\n(sec.20-ssec.3) The P&E Court may make any order it considers appropriate in the circumstances.","sortOrder":28},{"sectionNumber":"sec.21","sectionType":"section","heading":"Preservation of confidentiality","content":"### sec.21 Preservation of confidentiality\n\nAn ADR registrar or mediator must not disclose to anyone information acquired by the ADR registrar or mediator during an ADR process, other than under subsection (2) .\nMaximum penalty—50 penalty units.\nThe ADR registrar or mediator may disclose the information—\nwith the agreement of the person to whom the information relates or someone else authorised by the person; or\nfor the purpose of giving effect to this part; or\nfor statistical purposes not likely to reveal the identity of a person to whom the information relates; or\nfor an inquiry or proceeding about an offence happening during the ADR process; or\nfor a proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process; or\nif the disclosure is authorised under an Act or another law.\ns 21 amd 2019 No. 11 s 195\n(sec.21-ssec.1) An ADR registrar or mediator must not disclose to anyone information acquired by the ADR registrar or mediator during an ADR process, other than under subsection (2) . Maximum penalty—50 penalty units.\n(sec.21-ssec.2) The ADR registrar or mediator may disclose the information— with the agreement of the person to whom the information relates or someone else authorised by the person; or for the purpose of giving effect to this part; or for statistical purposes not likely to reveal the identity of a person to whom the information relates; or for an inquiry or proceeding about an offence happening during the ADR process; or for a proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process; or if the disclosure is authorised under an Act or another law.\n- (a) with the agreement of the person to whom the information relates or someone else authorised by the person; or\n- (b) for the purpose of giving effect to this part; or\n- (c) for statistical purposes not likely to reveal the identity of a person to whom the information relates; or\n- (d) for an inquiry or proceeding about an offence happening during the ADR process; or\n- (e) for a proceeding founded on fraud alleged to be connected with, or to have happened during, the ADR process; or\n- (f) if the disclosure is authorised under an Act or another law.","sortOrder":29},{"sectionNumber":"sec.22","sectionType":"section","heading":"ADR registrar’s powers on Chief Judge’s direction","content":"### sec.22 ADR registrar’s powers on Chief Judge’s direction\n\nThe Chief Judge may give directions about the matters and the types of proceedings in which an ADR registrar may exercise the P&E Court’s powers for P&E Court proceedings.","sortOrder":30},{"sectionNumber":"sec.23","sectionType":"section","heading":"ADR registrar’s powers to hear and decide","content":"### sec.23 ADR registrar’s powers to hear and decide\n\nThis section applies if the P&E Court makes a direction that an ADR registrar is to hear and decide a particular P&E Court proceeding.\nThe ADR registrar may hear and decide the proceeding and make an order or direction, including a final judgment or order.\n(sec.23-ssec.1) This section applies if the P&E Court makes a direction that an ADR registrar is to hear and decide a particular P&E Court proceeding.\n(sec.23-ssec.2) The ADR registrar may hear and decide the proceeding and make an order or direction, including a final judgment or order.","sortOrder":31},{"sectionNumber":"sec.24","sectionType":"section","heading":"Conduct of proceedings","content":"### sec.24 Conduct of proceedings\n\nSubject to section 28 , the ADR registrar for a P&E Court proceeding may decide how to conduct the proceeding.\nHowever, the ADR registrar must give the parties to the proceeding—\nnotice of the time and place of any hearing; or\nif the ADR registrar decides the proceeding can be decided on written submissions only—a notice requiring the submissions to be given to the ADR registrar within a stated reasonable period.\n(sec.24-ssec.1) Subject to section 28 , the ADR registrar for a P&E Court proceeding may decide how to conduct the proceeding.\n(sec.24-ssec.2) However, the ADR registrar must give the parties to the proceeding— notice of the time and place of any hearing; or if the ADR registrar decides the proceeding can be decided on written submissions only—a notice requiring the submissions to be given to the ADR registrar within a stated reasonable period.\n- (a) notice of the time and place of any hearing; or\n- (b) if the ADR registrar decides the proceeding can be decided on written submissions only—a notice requiring the submissions to be given to the ADR registrar within a stated reasonable period.","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Reference to P&E Court by ADR registrar","content":"### sec.25 Reference to P&E Court by ADR registrar\n\nIf an ADR registrar considers it would be more appropriate for the P&E Court to decide a matter in a P&E Court proceeding before the registrar, the registrar may refer the matter to the court.\nThe P&E Court may dispose of the matter or refer it back to the ADR registrar with any direction the court considers appropriate.\n(sec.25-ssec.1) If an ADR registrar considers it would be more appropriate for the P&E Court to decide a matter in a P&E Court proceeding before the registrar, the registrar may refer the matter to the court.\n(sec.25-ssec.2) The P&E Court may dispose of the matter or refer it back to the ADR registrar with any direction the court considers appropriate.","sortOrder":33},{"sectionNumber":"sec.26","sectionType":"section","heading":"Review by P&E Court","content":"### sec.26 Review by P&E Court\n\nThe P&E Court may review any decision, direction or act of an ADR registrar (a court review ).\nA party to a P&E Court proceeding for which an ADR registrar is exercising, or has exercised, powers may apply for a court review only within—\n15 business days after the decision, direction or act complained of is made or done; or\nif the P&E Court is satisfied there are sufficient grounds to allow a longer period—the longer period allowed by the P&E Court.\nA court review is to be on the material that was before the ADR registrar and any additional material the P&E Court gives leave to consider.\nA court review is not by way of hearing anew.\n(sec.26-ssec.1) The P&E Court may review any decision, direction or act of an ADR registrar (a court review ).\n(sec.26-ssec.2) A party to a P&E Court proceeding for which an ADR registrar is exercising, or has exercised, powers may apply for a court review only within— 15 business days after the decision, direction or act complained of is made or done; or if the P&E Court is satisfied there are sufficient grounds to allow a longer period—the longer period allowed by the P&E Court.\n(sec.26-ssec.3) A court review is to be on the material that was before the ADR registrar and any additional material the P&E Court gives leave to consider. A court review is not by way of hearing anew.\n- (a) 15 business days after the decision, direction or act complained of is made or done; or\n- (b) if the P&E Court is satisfied there are sufficient grounds to allow a longer period—the longer period allowed by the P&E Court.","sortOrder":34},{"sectionNumber":"sec.27","sectionType":"section","heading":"ADR registrar’s powers—general","content":"### sec.27 ADR registrar’s powers—general\n\nIn a P&E Court proceeding, an ADR registrar may make an order or give a direction as follows—\nif the parties consent in writing;\nabout the conduct of an ADR conference, or at the end of an ADR conference, to ensure the expeditious progress of the proceeding.\nHowever, an order made under this section can not be a final judgment or order.\nAn order made under section 23 (2) may be a final judgment or order.\n(sec.27-ssec.1) In a P&E Court proceeding, an ADR registrar may make an order or give a direction as follows— if the parties consent in writing; about the conduct of an ADR conference, or at the end of an ADR conference, to ensure the expeditious progress of the proceeding.\n(sec.27-ssec.2) However, an order made under this section can not be a final judgment or order. An order made under section 23 (2) may be a final judgment or order.\n- (a) if the parties consent in writing;\n- (b) about the conduct of an ADR conference, or at the end of an ADR conference, to ensure the expeditious progress of the proceeding.","sortOrder":35},{"sectionNumber":"sec.28","sectionType":"section","heading":"Provision for exercise of ADR registrar’s powers","content":"### sec.28 Provision for exercise of ADR registrar’s powers\n\nThe following apply for the exercise of powers, including the hearing and deciding of a P&E Court proceeding, by the ADR registrar—\nthe ADR registrar must—\nfacilitate the just and expeditious resolution of the issues; and\navoid undue delay, expense and technicality; and\nact with as little formality as is consistent with a fair and appropriate consideration of the issues;\nthe provisions of this Act relevant to a P&E Court proceeding apply as if the proceeding were before the P&E Court;\nthe ADR registrar must ensure all parties are afforded natural justice;\nthe ADR registrar may, subject to paragraph (c) , prohibit or regulate questioning in the hearing.\n- (a) the ADR registrar must— (i) facilitate the just and expeditious resolution of the issues; and (ii) avoid undue delay, expense and technicality; and (iii) act with as little formality as is consistent with a fair and appropriate consideration of the issues;\n- (i) facilitate the just and expeditious resolution of the issues; and\n- (ii) avoid undue delay, expense and technicality; and\n- (iii) act with as little formality as is consistent with a fair and appropriate consideration of the issues;\n- (b) the provisions of this Act relevant to a P&E Court proceeding apply as if the proceeding were before the P&E Court;\n- (c) the ADR registrar must ensure all parties are afforded natural justice;\n- (d) the ADR registrar may, subject to paragraph (c) , prohibit or regulate questioning in the hearing.\n- (i) facilitate the just and expeditious resolution of the issues; and\n- (ii) avoid undue delay, expense and technicality; and\n- (iii) act with as little formality as is consistent with a fair and appropriate consideration of the issues;","sortOrder":36},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Powers","content":"## Powers","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Where P&E Court may sit","content":"### sec.29 Where P&E Court may sit\n\nThe P&E Court may sit at any place.","sortOrder":38},{"sectionNumber":"sec.30","sectionType":"section","heading":"Adjournments","content":"### sec.30 Adjournments\n\nThe P&E Court may do the following for a P&E Court proceeding—\nadjourn it from time to time and place to place;\nadjourn it to a time, or a time and place, to be fixed.\n- (a) adjourn it from time to time and place to place;\n- (b) adjourn it to a time, or a time and place, to be fixed.","sortOrder":39},{"sectionNumber":"sec.31","sectionType":"section","heading":"Subpoenas","content":"### sec.31 Subpoenas\n\nThe P&E Court may summon a person as a witness and—\nrequire the person to produce in evidence documents in the person’s possession or power; and\nexamine the person; and\npunish the person for not attending under the summons or for refusing to give evidence or for failing or refusing to produce the documents.\nDespite subsection (1) , a person is not required to give evidence that may tend to incriminate the person.\nFor subsection (1) , a P&E Court judge has the same powers as a District Court judge.\n(sec.31-ssec.1) The P&E Court may summon a person as a witness and— require the person to produce in evidence documents in the person’s possession or power; and examine the person; and punish the person for not attending under the summons or for refusing to give evidence or for failing or refusing to produce the documents.\n(sec.31-ssec.2) Despite subsection (1) , a person is not required to give evidence that may tend to incriminate the person.\n(sec.31-ssec.3) For subsection (1) , a P&E Court judge has the same powers as a District Court judge.\n- (a) require the person to produce in evidence documents in the person’s possession or power; and\n- (b) examine the person; and\n- (c) punish the person for not attending under the summons or for refusing to give evidence or for failing or refusing to produce the documents.","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"P&E Court may extend period to take an action","content":"### sec.32 P&E Court may extend period to take an action\n\nThis section applies if the rules or a relevant enabling Act requires an action relating to a P&E Court proceeding or proposed P&E Court proceeding to be taken within a particular period or before a particular time, even if the period has ended or the time has passed.\nThe P&E Court may allow a longer period or different time to take the action if satisfied there are sufficient grounds for the extension.\n(sec.32-ssec.1) This section applies if the rules or a relevant enabling Act requires an action relating to a P&E Court proceeding or proposed P&E Court proceeding to be taken within a particular period or before a particular time, even if the period has ended or the time has passed.\n(sec.32-ssec.2) The P&E Court may allow a longer period or different time to take the action if satisfied there are sufficient grounds for the extension.","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Taking and recording evidence","content":"### sec.33 Taking and recording evidence\n\nThe P&E Court must take evidence on oath, affirmation, affidavit, declaration or in another way the court considers appropriate and must record the evidence.","sortOrder":42},{"sectionNumber":"sec.34","sectionType":"section","heading":"Power to state case for Court of Appeal","content":"### sec.34 Power to state case for Court of Appeal\n\nThis section applies if—\na question of law arises during a P&E Court proceeding; and\nthe proceeding has not ended; and\nthe P&E Court judge presiding considers it desirable that the Court of Appeal decides the question.\nThe P&E Court judge may state the question in the form of a case stated for the Court of Appeal’s opinion.\nUntil the Court of Appeal decides the case stated, the P&E Court can not make a decision to which the question is relevant.\nThe P&E Court can not, in the P&E Court proceeding, proceed in a way, or make a decision, inconsistent with the Court of Appeal’s decision on the case stated.\n(sec.34-ssec.1) This section applies if— a question of law arises during a P&E Court proceeding; and the proceeding has not ended; and the P&E Court judge presiding considers it desirable that the Court of Appeal decides the question.\n(sec.34-ssec.2) The P&E Court judge may state the question in the form of a case stated for the Court of Appeal’s opinion.\n(sec.34-ssec.3) Until the Court of Appeal decides the case stated, the P&E Court can not make a decision to which the question is relevant.\n(sec.34-ssec.4) The P&E Court can not, in the P&E Court proceeding, proceed in a way, or make a decision, inconsistent with the Court of Appeal’s decision on the case stated.\n- (a) a question of law arises during a P&E Court proceeding; and\n- (b) the proceeding has not ended; and\n- (c) the P&E Court judge presiding considers it desirable that the Court of Appeal decides the question.","sortOrder":43},{"sectionNumber":"sec.35","sectionType":"section","heading":"Terms of orders etc.","content":"### sec.35 Terms of orders etc.\n\nThe P&E Court may make an order, give leave or do anything else it is authorised to do on terms it considers appropriate.","sortOrder":44},{"sectionNumber":"sec.36","sectionType":"section","heading":"Contempt","content":"### sec.36 Contempt\n\nA P&E Court judge has the same power to punish a person for contempt as a District Court judge.\nThe District Court of Queensland Act 1967 , section 129 applies to the P&E Court in the same way as it applies to the District Court.\n(sec.36-ssec.1) A P&E Court judge has the same power to punish a person for contempt as a District Court judge.\n(sec.36-ssec.2) The District Court of Queensland Act 1967 , section 129 applies to the P&E Court in the same way as it applies to the District Court.","sortOrder":45},{"sectionNumber":"sec.37","sectionType":"section","heading":"Discretion to deal with noncompliance","content":"### sec.37 Discretion to deal with noncompliance\n\nIf the P&E Court finds there has been noncompliance with a provision of this Act or an enabling Act, the court may deal with the matter in the way it considers appropriate.\nWithout limiting subsection (1) and to remove any doubt, it is declared that subsection (1) —\napplies for a development approval that has lapsed, or a development application that has lapsed or has not been properly made under the Planning Act ; and\nis not limited to—\ncircumstances in relation to a current P&E Court proceeding; or\nprovisions under which there is a positive obligation to take particular action.\nIn this section—\nnoncompliance , with a provision, includes—\nnon-fulfilment of part or all of the terms of the provision; and\na partial noncompliance with the provision.\nprovision includes a definition.\n(sec.37-ssec.1) If the P&E Court finds there has been noncompliance with a provision of this Act or an enabling Act, the court may deal with the matter in the way it considers appropriate.\n(sec.37-ssec.2) Without limiting subsection (1) and to remove any doubt, it is declared that subsection (1) — applies for a development approval that has lapsed, or a development application that has lapsed or has not been properly made under the Planning Act ; and is not limited to— circumstances in relation to a current P&E Court proceeding; or provisions under which there is a positive obligation to take particular action.\n(sec.37-ssec.3) In this section— noncompliance , with a provision, includes— non-fulfilment of part or all of the terms of the provision; and a partial noncompliance with the provision. provision includes a definition.\n- (a) applies for a development approval that has lapsed, or a development application that has lapsed or has not been properly made under the Planning Act ; and\n- (b) is not limited to— (i) circumstances in relation to a current P&E Court proceeding; or (ii) provisions under which there is a positive obligation to take particular action.\n- (i) circumstances in relation to a current P&E Court proceeding; or\n- (ii) provisions under which there is a positive obligation to take particular action.\n- (i) circumstances in relation to a current P&E Court proceeding; or\n- (ii) provisions under which there is a positive obligation to take particular action.\n- (a) non-fulfilment of part or all of the terms of the provision; and\n- (b) a partial noncompliance with the provision.","sortOrder":46},{"sectionNumber":"sec.38","sectionType":"section","heading":"What happens if P&E Court judge or ADR registrar dies or is incapacitated","content":"### sec.38 What happens if P&E Court judge or ADR registrar dies or is incapacitated\n\nSubsection (2) applies if, after starting to hear a P&E Court proceeding, the P&E Court judge presiding (the first judge ) dies or can not continue with the proceeding for any reason, including, for example, absence or illness.\nAnother P&E Court judge may—\nafter consulting the parties—\norder the proceeding be reheard; or\nadjourn the proceeding to allow the first judge to continue dealing with the proceeding when able; or\nwith the parties’ consent, make an order about—\ndeciding the proceeding; or\ncompleting the hearing of, and deciding, the proceeding.\nIf, after starting to perform functions for a P&E Court proceeding, an ADR registrar dies or can not continue with the proceeding for any reason, the proceeding is to be dealt with in the way the P&E Court considers appropriate.\n(sec.38-ssec.1) Subsection (2) applies if, after starting to hear a P&E Court proceeding, the P&E Court judge presiding (the first judge ) dies or can not continue with the proceeding for any reason, including, for example, absence or illness.\n(sec.38-ssec.2) Another P&E Court judge may— after consulting the parties— order the proceeding be reheard; or adjourn the proceeding to allow the first judge to continue dealing with the proceeding when able; or with the parties’ consent, make an order about— deciding the proceeding; or completing the hearing of, and deciding, the proceeding.\n(sec.38-ssec.3) If, after starting to perform functions for a P&E Court proceeding, an ADR registrar dies or can not continue with the proceeding for any reason, the proceeding is to be dealt with in the way the P&E Court considers appropriate.\n- (a) after consulting the parties— (i) order the proceeding be reheard; or (ii) adjourn the proceeding to allow the first judge to continue dealing with the proceeding when able; or\n- (i) order the proceeding be reheard; or\n- (ii) adjourn the proceeding to allow the first judge to continue dealing with the proceeding when able; or\n- (b) with the parties’ consent, make an order about— (i) deciding the proceeding; or (ii) completing the hearing of, and deciding, the proceeding.\n- (i) deciding the proceeding; or\n- (ii) completing the hearing of, and deciding, the proceeding.\n- (i) order the proceeding be reheard; or\n- (ii) adjourn the proceeding to allow the first judge to continue dealing with the proceeding when able; or\n- (i) deciding the proceeding; or\n- (ii) completing the hearing of, and deciding, the proceeding.","sortOrder":47},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Parties","content":"## Parties","sortOrder":48},{"sectionNumber":"sec.39","sectionType":"section","heading":"Planning Minister","content":"### sec.39 Planning Minister\n\nThis section applies for a declaratory proceeding or Planning Act appeal at any time before it is decided.\nIf the planning Minister becomes satisfied the proceeding involves a State interest, that Minister—\nis entitled to be represented in the proceeding; and\nmay elect to be a party in the proceeding by filing in the P&E Court a notice of election in the approved form.\nThe election may be made at any time before the proceeding is decided.\nIn this section—\nplanning Minister means the Minister administering the Planning Act , chapter 6 , part 1 .\nState interest see the Planning Act , schedule 2 .\ns 39 amd 2017 No. 31 s 45\n(sec.39-ssec.1) This section applies for a declaratory proceeding or Planning Act appeal at any time before it is decided.\n(sec.39-ssec.2) If the planning Minister becomes satisfied the proceeding involves a State interest, that Minister— is entitled to be represented in the proceeding; and may elect to be a party in the proceeding by filing in the P&E Court a notice of election in the approved form.\n(sec.39-ssec.3) The election may be made at any time before the proceeding is decided.\n(sec.39-ssec.4) In this section— planning Minister means the Minister administering the Planning Act , chapter 6 , part 1 . State interest see the Planning Act , schedule 2 .\n- (a) is entitled to be represented in the proceeding; and\n- (b) may elect to be a party in the proceeding by filing in the P&E Court a notice of election in the approved form.","sortOrder":49},{"sectionNumber":"sec.40","sectionType":"section","heading":"Appearance","content":"### sec.40 Appearance\n\nA party to a P&E Court proceeding may appear personally or by lawyer or agent.","sortOrder":50},{"sectionNumber":"sec.41","sectionType":"section","heading":"Representative proceedings in particular cases","content":"### sec.41 Representative proceedings in particular cases\n\nA person (the representative ) may start a P&E Court proceeding of the following kind on behalf of someone else (the represented )—\na declaratory proceeding;\na proceeding for an enforcement order under the Planning Act .\nHowever, the proceeding may be started only if the following consents—\nif the represented is a person—the person;\nif the represented is an unincorporated body—its committee or other controlling or governing body.\nThe represented may contribute to, or pay, the expenses, including legal costs, incurred by the representative in relation to the proceeding.\n(sec.41-ssec.1) A person (the representative ) may start a P&E Court proceeding of the following kind on behalf of someone else (the represented )— a declaratory proceeding; a proceeding for an enforcement order under the Planning Act .\n(sec.41-ssec.2) However, the proceeding may be started only if the following consents— if the represented is a person—the person; if the represented is an unincorporated body—its committee or other controlling or governing body.\n(sec.41-ssec.3) The represented may contribute to, or pay, the expenses, including legal costs, incurred by the representative in relation to the proceeding.\n- (a) a declaratory proceeding;\n- (b) a proceeding for an enforcement order under the Planning Act .\n- (a) if the represented is a person—the person;\n- (b) if the represented is an unincorporated body—its committee or other controlling or governing body.","sortOrder":51},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":52},{"sectionNumber":"sec.42","sectionType":"section","heading":"P&E Court proceedings open to public","content":"### sec.42 P&E Court proceedings open to public\n\nA P&E Court proceeding, other than a proceeding ordered by the court to be decided on written submissions only, must be open to the public, unless the rules provide otherwise.","sortOrder":53},{"sectionNumber":"sec.43","sectionType":"section","heading":"Nature of appeal in general","content":"### sec.43 Nature of appeal in general\n\nSubject to any relevant enabling Act, an appeal to the P&E Court is by way of hearing anew.","sortOrder":54},{"sectionNumber":"sec.44","sectionType":"section","heading":"Privileges, protection and immunity","content":"### sec.44 Privileges, protection and immunity\n\nA person who is 1 of the following in a P&E Court proceeding has the same privileges, protection or immunity as the person would have if the proceeding were in the District Court—\nthe P&E Court judge presiding over the proceeding;\na party to the proceeding;\na lawyer or agent appearing in the proceeding;\na witness attending in the proceeding.\nIn performing the functions of an ADR registrar, or a mediator under a referring order, the ADR registrar or mediator has the same privileges, protection or immunity as a District Court judge performing a judicial function.\ns 44 amd 2019 No. 11 s 196\n(sec.44-ssec.1) A person who is 1 of the following in a P&E Court proceeding has the same privileges, protection or immunity as the person would have if the proceeding were in the District Court— the P&E Court judge presiding over the proceeding; a party to the proceeding; a lawyer or agent appearing in the proceeding; a witness attending in the proceeding.\n(sec.44-ssec.2) In performing the functions of an ADR registrar, or a mediator under a referring order, the ADR registrar or mediator has the same privileges, protection or immunity as a District Court judge performing a judicial function.\n- (a) the P&E Court judge presiding over the proceeding;\n- (b) a party to the proceeding;\n- (c) a lawyer or agent appearing in the proceeding;\n- (d) a witness attending in the proceeding.","sortOrder":55},{"sectionNumber":"pt.5","sectionType":"part","heading":"Planning Act proceedings","content":"# Planning Act proceedings","sortOrder":56},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Planning Act appeals","content":"## Planning Act appeals","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Who must prove case","content":"### sec.45 Who must prove case\n\nFor a Planning Act appeal about any of the following matters, the appellant must establish the appeal should be upheld—\nan application or request under the Planning Act for which the appellant was the applicant or person making the request;\na local government’s decision, or the conditions applied, under a local law about the use of premises or the erection of a building or other structure under the Planning Act ;\nan infrastructure charges notice, or a notice amending an infrastructure charges notice, under the Planning Act ;\na decision by a tribunal;\na decision of the Minister under chapter 7 , part 4 of the Planning Act .\nFor a Planning Act appeal about a development application, or a change application, by a submitter or advice agency, the applicant must establish the appeal should be dismissed.\nFor a Planning Act appeal by the recipient of an enforcement notice under the Planning Act , the enforcement authority that gave the notice must establish the appeal should be dismissed.\nFor a Planning Act appeal by an affected owner of a compensation claim under the Planning Act , section 32 the local government required to decide the claim for the compensation under that section must establish the appeal should be dismissed.\nIn this section—\nadvice agency see the Planning Act , schedule 2 .\ns 45 amd 2024 No. 13 s 98 ; 2025 No. 14 s 86 sch 1\n(sec.45-ssec.1) For a Planning Act appeal about any of the following matters, the appellant must establish the appeal should be upheld— an application or request under the Planning Act for which the appellant was the applicant or person making the request; a local government’s decision, or the conditions applied, under a local law about the use of premises or the erection of a building or other structure under the Planning Act ; an infrastructure charges notice, or a notice amending an infrastructure charges notice, under the Planning Act ; a decision by a tribunal; a decision of the Minister under chapter 7 , part 4 of the Planning Act .\n(sec.45-ssec.2) For a Planning Act appeal about a development application, or a change application, by a submitter or advice agency, the applicant must establish the appeal should be dismissed.\n(sec.45-ssec.3) For a Planning Act appeal by the recipient of an enforcement notice under the Planning Act , the enforcement authority that gave the notice must establish the appeal should be dismissed.\n(sec.45-ssec.4) For a Planning Act appeal by an affected owner of a compensation claim under the Planning Act , section 32 the local government required to decide the claim for the compensation under that section must establish the appeal should be dismissed.\n(sec.45-ssec.5) In this section— advice agency see the Planning Act , schedule 2 .\n- (a) an application or request under the Planning Act for which the appellant was the applicant or person making the request;\n- (b) a local government’s decision, or the conditions applied, under a local law about the use of premises or the erection of a building or other structure under the Planning Act ;\n- (c) an infrastructure charges notice, or a notice amending an infrastructure charges notice, under the Planning Act ;\n- (d) a decision by a tribunal;\n- (e) a decision of the Minister under chapter 7 , part 4 of the Planning Act .","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Nature of appeal","content":"### sec.46 Nature of appeal\n\nIf, for a Planning Act appeal, the appellant was the applicant or a submitter for a development application the subject of the appeal, section 43 applies subject to subsections (2) to (5) .\nThe Planning Act , section 45 applies for the P&E Court’s decision on the appeal as if—\nthe P&E Court were the assessment manager for the development application; and\nthe reference in subsection (8) of that section to when the assessment manager decides the application were a reference to when the P&E Court makes the decision.\nThe P&E Court can not consider a change to the development application unless the change is only a minor change to the application.\nThe P&E Court can not consider a change to the development approval the subject of a change application unless the change is only a minor change to the approval.\nThe P&E Court is not prevented from considering and making a decision about a ground of appeal (based on a referral agency response under the Planning Act ) merely because that Act required the assessment manager to refuse the development application or approve it subject to conditions.\nIf the appeal is against a decision about a superseded planning scheme application under the Planning Act , the P&E Court must—\nconsider the aspect of the appeal relating to the assessment manager’s consideration of the superseded planning scheme in question as if the application had been made under the superseded planning scheme; and\nin considering the aspect, disregard the planning scheme in force when the application was made.\ns 46 amd 2019 No. 11 s 231 s ch 1 pt 1 ; 2025 No. 14 s 86 sch 1\n(sec.46-ssec.1) If, for a Planning Act appeal, the appellant was the applicant or a submitter for a development application the subject of the appeal, section 43 applies subject to subsections (2) to (5) .\n(sec.46-ssec.2) The Planning Act , section 45 applies for the P&E Court’s decision on the appeal as if— the P&E Court were the assessment manager for the development application; and the reference in subsection (8) of that section to when the assessment manager decides the application were a reference to when the P&E Court makes the decision.\n(sec.46-ssec.3) The P&E Court can not consider a change to the development application unless the change is only a minor change to the application.\n(sec.46-ssec.4) The P&E Court can not consider a change to the development approval the subject of a change application unless the change is only a minor change to the approval.\n(sec.46-ssec.5) The P&E Court is not prevented from considering and making a decision about a ground of appeal (based on a referral agency response under the Planning Act ) merely because that Act required the assessment manager to refuse the development application or approve it subject to conditions.\n(sec.46-ssec.6) If the appeal is against a decision about a superseded planning scheme application under the Planning Act , the P&E Court must— consider the aspect of the appeal relating to the assessment manager’s consideration of the superseded planning scheme in question as if the application had been made under the superseded planning scheme; and in considering the aspect, disregard the planning scheme in force when the application was made.\n- (a) the P&E Court were the assessment manager for the development application; and\n- (b) the reference in subsection (8) of that section to when the assessment manager decides the application were a reference to when the P&E Court makes the decision.\n- (a) consider the aspect of the appeal relating to the assessment manager’s consideration of the superseded planning scheme in question as if the application had been made under the superseded planning scheme; and\n- (b) in considering the aspect, disregard the planning scheme in force when the application was made.","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"Appeal decision","content":"### sec.47 Appeal decision\n\nIn deciding a Planning Act appeal, the P&E Court must decide to do 1 of the following (the appeal decision ) for the decision appealed against—\nconfirm it;\nchange it;\nset it aside and—\nmake a decision replacing it; or\nreturn the matter to the entity that made the decision appealed against with directions the P&E Court considers appropriate.\nThe appeal decision may also include other orders, declarations or directions the P&E Court considers appropriate.\nThe appeal decision (other than one to confirm the decision appealed against or to set it aside and return the matter) is taken, for the Planning Act (other than chapter 6 ), to have been made by the entity that made the decision appealed against.\n(sec.47-ssec.1) In deciding a Planning Act appeal, the P&E Court must decide to do 1 of the following (the appeal decision ) for the decision appealed against— confirm it; change it; set it aside and— make a decision replacing it; or return the matter to the entity that made the decision appealed against with directions the P&E Court considers appropriate.\n(sec.47-ssec.2) The appeal decision may also include other orders, declarations or directions the P&E Court considers appropriate.\n(sec.47-ssec.3) The appeal decision (other than one to confirm the decision appealed against or to set it aside and return the matter) is taken, for the Planning Act (other than chapter 6 ), to have been made by the entity that made the decision appealed against.\n- (a) confirm it;\n- (b) change it;\n- (c) set it aside and— (i) make a decision replacing it; or (ii) return the matter to the entity that made the decision appealed against with directions the P&E Court considers appropriate.\n- (i) make a decision replacing it; or\n- (ii) return the matter to the entity that made the decision appealed against with directions the P&E Court considers appropriate.\n- (i) make a decision replacing it; or\n- (ii) return the matter to the entity that made the decision appealed against with directions the P&E Court considers appropriate.","sortOrder":60},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Evidence in P&E Court proceedings","content":"## Evidence in P&E Court proceedings","sortOrder":61},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application of division","content":"### sec.48 Application of division\n\nThis division applies to the following proceedings—\nany Planning Act proceeding;\nany declaratory proceeding.\nUnder the Planning Act , section 278 , this division also applies to a proceeding relating to the Planning Act in a court other than the P&E Court or in a tribunal and to anyone else acting judicially in relation to a proceeding relating to the Planning Act .\n- (a) any Planning Act proceeding;\n- (b) any declaratory proceeding.","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Appointments and authority","content":"### sec.49 Appointments and authority\n\nIt is not necessary to prove either of the following for an enforcement authority CEO—\nappointment to that office;\nauthority to do anything under the Planning Act .\n- (a) appointment to that office;\n- (b) authority to do anything under the Planning Act .","sortOrder":63},{"sectionNumber":"sec.50","sectionType":"section","heading":"Signatures","content":"### sec.50 Signatures\n\nA signature purporting to be that of an enforcement authority CEO is evidence of the signature it purports to be.","sortOrder":64},{"sectionNumber":"sec.51","sectionType":"section","heading":"Instruments, equipment and installations","content":"### sec.51 Instruments, equipment and installations\n\nAny prescribed instrument, equipment or installation that is used by an appropriately qualified person under any prescribed conditions is taken to be accurate and precise in the absence of evidence to the contrary.\nIn this section—\nprescribed means prescribed by regulation under this Act or another Act.\n(sec.51-ssec.1) Any prescribed instrument, equipment or installation that is used by an appropriately qualified person under any prescribed conditions is taken to be accurate and precise in the absence of evidence to the contrary.\n(sec.51-ssec.2) In this section— prescribed means prescribed by regulation under this Act or another Act.","sortOrder":65},{"sectionNumber":"sec.52","sectionType":"section","heading":"Analyst’s certificate or report","content":"### sec.52 Analyst’s certificate or report\n\nA certificate or report purporting to be signed by an appropriately qualified person and stating any of the following matters is evidence of the matter—\nthe person’s qualifications;\nthe person took, or received from a stated person, a stated sample;\nthe person analysed the sample on a stated day, or during a stated period, and at a stated place;\nthe results of the analysis.\n- (a) the person’s qualifications;\n- (b) the person took, or received from a stated person, a stated sample;\n- (c) the person analysed the sample on a stated day, or during a stated period, and at a stated place;\n- (d) the results of the analysis.","sortOrder":66},{"sectionNumber":"sec.53","sectionType":"section","heading":"Evidence of planning instruments or designations","content":"### sec.53 Evidence of planning instruments or designations\n\nA certified copy of a planning instrument or designation notice is evidence of the content of the instrument or notice.\nThe P&E Court must take judicial notice of a certified copy of a planning instrument or designation notice.\nA copy of the gazette or newspaper containing a notice about the making of a planning instrument or designation is evidence of the matters stated in the notice.\nIn this section—\ncertified copy , of a document, see the Planning Act , schedule 2 .\ndesignation see the Planning Act , section 35 (1) .\ndesignation notice means a notice under the Planning Act , section 38 (2) (b) or (c) .\n(sec.53-ssec.1) A certified copy of a planning instrument or designation notice is evidence of the content of the instrument or notice.\n(sec.53-ssec.2) The P&E Court must take judicial notice of a certified copy of a planning instrument or designation notice.\n(sec.53-ssec.3) A copy of the gazette or newspaper containing a notice about the making of a planning instrument or designation is evidence of the matters stated in the notice.\n(sec.53-ssec.4) In this section— certified copy , of a document, see the Planning Act , schedule 2 . designation see the Planning Act , section 35 (1) . designation notice means a notice under the Planning Act , section 38 (2) (b) or (c) .","sortOrder":67},{"sectionNumber":"sec.54","sectionType":"section","heading":"Planning instruments presumed to be within power","content":"### sec.54 Planning instruments presumed to be within power\n\nA Minister’s or local government’s power under the Planning Act to make a planning instrument is to be presumed, unless the issue is raised.","sortOrder":68},{"sectionNumber":"sec.55","sectionType":"section","heading":"Evidence of local planning instruments","content":"### sec.55 Evidence of local planning instruments\n\nA local government’s chief executive officer may certify a document to be a true copy of all or part of any of its local planning instruments in force at a stated time.\nThe certified document is admissible in evidence as if it were the original.\n(sec.55-ssec.1) A local government’s chief executive officer may certify a document to be a true copy of all or part of any of its local planning instruments in force at a stated time.\n(sec.55-ssec.2) The certified document is admissible in evidence as if it were the original.","sortOrder":69},{"sectionNumber":"sec.56","sectionType":"section","heading":"Effect of planning and development certificates","content":"### sec.56 Effect of planning and development certificates\n\nA planning and development certificate under the Planning Act is evidence of the matters the certificate states.","sortOrder":70},{"sectionNumber":"sec.57","sectionType":"section","heading":"Evidentiary aids generally","content":"### sec.57 Evidentiary aids generally\n\nA certificate purporting to be signed by an enforcement authority CEO stating any of the following matters is evidence of the matter—\na stated document is—\nan appointment or a copy of an appointment; or\na direction or decision, or a copy of a direction or decision, given or made under the Planning Act ; or\na notice, order, permit or other document, or a copy of a notice, order, permit or other document, given under the Planning Act ;\non a stated day, or during a stated period, the benefit of a development permit for stated development was or was not vested in a stated person;\non a stated day, or during a stated period, a development permit—\nwas or was not in effect for a stated person or development; or\nwas or was not subject to a stated condition;\non a stated day, a stated person was given a stated notice or direction under the Planning Act ;\na stated amount is payable under the Planning Act by a stated person and has not been paid.\nIn this section—\ndevelopment permit see the Planning Act , section 49 (3) .\n(sec.57-ssec.1) A certificate purporting to be signed by an enforcement authority CEO stating any of the following matters is evidence of the matter— a stated document is— an appointment or a copy of an appointment; or a direction or decision, or a copy of a direction or decision, given or made under the Planning Act ; or a notice, order, permit or other document, or a copy of a notice, order, permit or other document, given under the Planning Act ; on a stated day, or during a stated period, the benefit of a development permit for stated development was or was not vested in a stated person; on a stated day, or during a stated period, a development permit— was or was not in effect for a stated person or development; or was or was not subject to a stated condition; on a stated day, a stated person was given a stated notice or direction under the Planning Act ; a stated amount is payable under the Planning Act by a stated person and has not been paid.\n(sec.57-ssec.2) In this section— development permit see the Planning Act , section 49 (3) .\n- (a) a stated document is— (i) an appointment or a copy of an appointment; or (ii) a direction or decision, or a copy of a direction or decision, given or made under the Planning Act ; or (iii) a notice, order, permit or other document, or a copy of a notice, order, permit or other document, given under the Planning Act ;\n- (i) an appointment or a copy of an appointment; or\n- (ii) a direction or decision, or a copy of a direction or decision, given or made under the Planning Act ; or\n- (iii) a notice, order, permit or other document, or a copy of a notice, order, permit or other document, given under the Planning Act ;\n- (b) on a stated day, or during a stated period, the benefit of a development permit for stated development was or was not vested in a stated person;\n- (c) on a stated day, or during a stated period, a development permit— (i) was or was not in effect for a stated person or development; or (ii) was or was not subject to a stated condition;\n- (i) was or was not in effect for a stated person or development; or\n- (ii) was or was not subject to a stated condition;\n- (d) on a stated day, a stated person was given a stated notice or direction under the Planning Act ;\n- (e) a stated amount is payable under the Planning Act by a stated person and has not been paid.\n- (i) an appointment or a copy of an appointment; or\n- (ii) a direction or decision, or a copy of a direction or decision, given or made under the Planning Act ; or\n- (iii) a notice, order, permit or other document, or a copy of a notice, order, permit or other document, given under the Planning Act ;\n- (i) was or was not in effect for a stated person or development; or\n- (ii) was or was not subject to a stated condition;","sortOrder":71},{"sectionNumber":"pt.6","sectionType":"part","heading":"Costs","content":"# Costs","sortOrder":72},{"sectionNumber":"sec.58","sectionType":"section","heading":"Definitions for part","content":"### sec.58 Definitions for part\n\nIn this part—\ncosts —\nfor a P&E Court proceeding of the following type, includes a party’s costs to investigate, or gather evidence for, the proceeding that the P&E Court decides the party reasonably incurred—\na declaratory proceeding about the lawfulness of land use or development under the Planning Act , including any order under section 11 (4) ;\nan enforcement notice appeal;\nan enforcement proceeding; and\nfor an enforcement notice appeal, also includes costs relating to investigations or gathering of evidence for the giving of the relevant enforcement notice.\nenforcement notice appeal means an appeal against the giving of an enforcement notice under the Planning Act .\nenforcement proceeding means a proceeding for an enforcement order or interim enforcement order under the Planning Act .\n- (a) for a P&E Court proceeding of the following type, includes a party’s costs to investigate, or gather evidence for, the proceeding that the P&E Court decides the party reasonably incurred— (i) a declaratory proceeding about the lawfulness of land use or development under the Planning Act , including any order under section 11 (4) ; (ii) an enforcement notice appeal; (iii) an enforcement proceeding; and\n- (i) a declaratory proceeding about the lawfulness of land use or development under the Planning Act , including any order under section 11 (4) ;\n- (ii) an enforcement notice appeal;\n- (iii) an enforcement proceeding; and\n- (b) for an enforcement notice appeal, also includes costs relating to investigations or gathering of evidence for the giving of the relevant enforcement notice.\n- (i) a declaratory proceeding about the lawfulness of land use or development under the Planning Act , including any order under section 11 (4) ;\n- (ii) an enforcement notice appeal;\n- (iii) an enforcement proceeding; and","sortOrder":73},{"sectionNumber":"sec.59","sectionType":"section","heading":"General costs provision","content":"### sec.59 General costs provision\n\nSubject to sections 60 and 61 , each party to a P&E Court proceeding must bear the party’s own costs for the proceeding.","sortOrder":74},{"sectionNumber":"sec.60","sectionType":"section","heading":"Orders for costs","content":"### sec.60 Orders for costs\n\nThe P&E Court may make an order for costs for a P&E Court proceeding as it considers appropriate if a party has incurred costs in 1 or more of the following circumstances—\nthe P&E Court considers the proceeding was started or conducted primarily for an improper purpose, including, for example, to delay or obstruct;\nA party (the first party ) with similar commercial interests to another party started a proceeding. The P&E Court considers the proceeding was started primarily to advance the first party’s commercial interests by delaying or obstructing the other party’s development approval from taking effect.\nthe P&E Court considers the proceeding to have been frivolous or vexatious;\nThe P&E Court considers a proceeding was started or conducted without reasonable prospects of success.\na party has not been given reasonable notice of intention to apply for an adjournment of the proceeding;\na party is required to apply for an adjournment because of the conduct of another party;\nwithout limiting paragraph (d) , a party has introduced, or sought to introduce, new material;\na party has defaulted in the P&E Court’s procedural requirements;\nthe P&E Court considers an applicant for a development application or change application did not give all the information reasonably required to assess the development application or change application;\nthe P&E Court considers an assessment manager, referral agency or local government should have taken an active part in a proceeding and did not do so;\nan applicant, submitter, assessment manager, referral agency or local government does not properly discharge its responsibilities in the proceeding.\nIn this section—\nchange application means an application under the Planning Act , section 78 , other than for a minor change.\nreferral agency means a referral agency under the Planning Act .\ns 60 amd 2017 No. 12 s 60 ; 2019 No. 11 s 231 s ch 1 pt 1\n(sec.60-ssec.1) The P&E Court may make an order for costs for a P&E Court proceeding as it considers appropriate if a party has incurred costs in 1 or more of the following circumstances— the P&E Court considers the proceeding was started or conducted primarily for an improper purpose, including, for example, to delay or obstruct; A party (the first party ) with similar commercial interests to another party started a proceeding. The P&E Court considers the proceeding was started primarily to advance the first party’s commercial interests by delaying or obstructing the other party’s development approval from taking effect. the P&E Court considers the proceeding to have been frivolous or vexatious; The P&E Court considers a proceeding was started or conducted without reasonable prospects of success. a party has not been given reasonable notice of intention to apply for an adjournment of the proceeding; a party is required to apply for an adjournment because of the conduct of another party; without limiting paragraph (d) , a party has introduced, or sought to introduce, new material; a party has defaulted in the P&E Court’s procedural requirements; the P&E Court considers an applicant for a development application or change application did not give all the information reasonably required to assess the development application or change application; the P&E Court considers an assessment manager, referral agency or local government should have taken an active part in a proceeding and did not do so; an applicant, submitter, assessment manager, referral agency or local government does not properly discharge its responsibilities in the proceeding.\n(sec.60-ssec.2) In this section— change application means an application under the Planning Act , section 78 , other than for a minor change. referral agency means a referral agency under the Planning Act .\n- (a) the P&E Court considers the proceeding was started or conducted primarily for an improper purpose, including, for example, to delay or obstruct; Example— A party (the first party ) with similar commercial interests to another party started a proceeding. The P&E Court considers the proceeding was started primarily to advance the first party’s commercial interests by delaying or obstructing the other party’s development approval from taking effect.\n- (b) the P&E Court considers the proceeding to have been frivolous or vexatious; Example— The P&E Court considers a proceeding was started or conducted without reasonable prospects of success.\n- (c) a party has not been given reasonable notice of intention to apply for an adjournment of the proceeding;\n- (d) a party is required to apply for an adjournment because of the conduct of another party;\n- (e) without limiting paragraph (d) , a party has introduced, or sought to introduce, new material;\n- (f) a party has defaulted in the P&E Court’s procedural requirements;\n- (g) the P&E Court considers an applicant for a development application or change application did not give all the information reasonably required to assess the development application or change application;\n- (h) the P&E Court considers an assessment manager, referral agency or local government should have taken an active part in a proceeding and did not do so;\n- (i) an applicant, submitter, assessment manager, referral agency or local government does not properly discharge its responsibilities in the proceeding.","sortOrder":75},{"sectionNumber":"sec.61","sectionType":"section","heading":"Orders for costs for particular proceedings","content":"### sec.61 Orders for costs for particular proceedings\n\nIf, for an enforcement proceeding, the P&E Court makes an enforcement order or interim enforcement order against a person, it may award costs against the person.\nIf the P&E Court declares that an owner wrongly sought the cancellation of a development approval in contravention of a requirement under the Planning Act to obtain the consent of another person or entity to the cancellation, it must award costs against the owner.\nIf the P&E Court allows an assessment manager to withdraw from an appeal, the court must not award costs against the assessment manager.\ns 61 amd 2017 No. 12 s 61\n(sec.61-ssec.1) If, for an enforcement proceeding, the P&E Court makes an enforcement order or interim enforcement order against a person, it may award costs against the person.\n(sec.61-ssec.2) If the P&E Court declares that an owner wrongly sought the cancellation of a development approval in contravention of a requirement under the Planning Act to obtain the consent of another person or entity to the cancellation, it must award costs against the owner.\n(sec.61-ssec.3) If the P&E Court allows an assessment manager to withdraw from an appeal, the court must not award costs against the assessment manager.","sortOrder":76},{"sectionNumber":"sec.62","sectionType":"section","heading":"Procedures, scale and enforcement of orders for costs","content":"### sec.62 Procedures, scale and enforcement of orders for costs\n\nThis section applies to an order for costs made under section 60 or 61 .\nThe P&E Court may make an order for the amount of costs to be decided under the appropriate procedure and scale of costs for proceedings in the District Court.\nAn order made under section 60 or 61 may be enforced as if it were an order of the District Court.\n(sec.62-ssec.1) This section applies to an order for costs made under section 60 or 61 .\n(sec.62-ssec.2) The P&E Court may make an order for the amount of costs to be decided under the appropriate procedure and scale of costs for proceedings in the District Court.\n(sec.62-ssec.3) An order made under section 60 or 61 may be enforced as if it were an order of the District Court.","sortOrder":77},{"sectionNumber":"pt.7","sectionType":"part","heading":"Appeals to Court of Appeal","content":"# Appeals to Court of Appeal","sortOrder":78},{"sectionNumber":"sec.63","sectionType":"section","heading":"Who may appeal","content":"### sec.63 Who may appeal\n\nA party to a P&E Court proceeding may appeal a decision in the proceeding, but only on the ground of error or mistake in law or jurisdictional error.\nHowever, the appeal may be made only with the leave of the Court of Appeal.\nPower to grant leave may be exercised by a single judge of appeal.\n(sec.63-ssec.1) A party to a P&E Court proceeding may appeal a decision in the proceeding, but only on the ground of error or mistake in law or jurisdictional error.\n(sec.63-ssec.2) However, the appeal may be made only with the leave of the Court of Appeal.\n(sec.63-ssec.3) Power to grant leave may be exercised by a single judge of appeal.","sortOrder":79},{"sectionNumber":"sec.64","sectionType":"section","heading":"When leave to appeal must be sought and appeal made","content":"### sec.64 When leave to appeal must be sought and appeal made\n\nA party intending to seek the Court of Appeal’s leave to appeal against a P&E Court decision must apply for the leave within 30 business days after receiving the decision.\nA notice of appeal must be served and filed within 30 business days after any grant of the leave unless the Court orders otherwise.\n(sec.64-ssec.1) A party intending to seek the Court of Appeal’s leave to appeal against a P&E Court decision must apply for the leave within 30 business days after receiving the decision.\n(sec.64-ssec.2) A notice of appeal must be served and filed within 30 business days after any grant of the leave unless the Court orders otherwise.","sortOrder":80},{"sectionNumber":"sec.65","sectionType":"section","heading":"Court of Appeal’s powers","content":"### sec.65 Court of Appeal’s powers\n\nThe Court of Appeal may do 1 or more of the following—\nreturn the matter to the P&E Court to decide in accordance with the appeal decision;\naffirm, amend, or revoke the decision appealed against and substitute another order or decision for the decision;\nmake an order it considers appropriate.\nSee also the Planning Act , section 72 .\n- (a) return the matter to the P&E Court to decide in accordance with the appeal decision;\n- (b) affirm, amend, or revoke the decision appealed against and substitute another order or decision for the decision;\n- (c) make an order it considers appropriate.","sortOrder":81},{"sectionNumber":"pt.8","sectionType":"part","heading":"Registry and officers","content":"# Registry and officers","sortOrder":82},{"sectionNumber":"sec.66","sectionType":"section","heading":"Registrars and other officers","content":"### sec.66 Registrars and other officers\n\nThe P&E Court’s principal registrar is the principal registrar appointed for the District Court.\nThe P&E Court’s registrars are the registrars appointed for the District Court.\nThe P&E Court’s other officers are the other officers appointed for the District Court.\n(sec.66-ssec.1) The P&E Court’s principal registrar is the principal registrar appointed for the District Court.\n(sec.66-ssec.2) The P&E Court’s registrars are the registrars appointed for the District Court.\n(sec.66-ssec.3) The P&E Court’s other officers are the other officers appointed for the District Court.","sortOrder":83},{"sectionNumber":"sec.67","sectionType":"section","heading":"ADR registrar","content":"### sec.67 ADR registrar\n\nThe P&E Court’s principal registrar may, after consulting the Chief Judge, appoint a registrar or other officer of the P&E Court as an ADR registrar of the court.","sortOrder":84},{"sectionNumber":"sec.68","sectionType":"section","heading":"Registries","content":"### sec.68 Registries\n\nEach District Court registry is a registry of the P&E Court.\nThe registry of the P&E Court at Brisbane is the P&E Court’s principal registry.\nThe P&E Court’s registries are under the P&E Court’s principal registrar’s control.\nThe principal registrar may give directions in connection with the P&E Court and P&E Court proceedings to the P&E Court’s registrars and other officers employed in the registries.\n(sec.68-ssec.1) Each District Court registry is a registry of the P&E Court.\n(sec.68-ssec.2) The registry of the P&E Court at Brisbane is the P&E Court’s principal registry.\n(sec.68-ssec.3) The P&E Court’s registries are under the P&E Court’s principal registrar’s control.\n(sec.68-ssec.4) The principal registrar may give directions in connection with the P&E Court and P&E Court proceedings to the P&E Court’s registrars and other officers employed in the registries.","sortOrder":85},{"sectionNumber":"sec.69","sectionType":"section","heading":"P&E Court records","content":"### sec.69 P&E Court records\n\nThe P&E Court’s principal registrar must keep records of P&E Court decisions and perform the other functions the court directs.\nThe P&E Court’s records held at a place must be kept in the custody of the P&E Court’s principal registrar.\n(sec.69-ssec.1) The P&E Court’s principal registrar must keep records of P&E Court decisions and perform the other functions the court directs.\n(sec.69-ssec.2) The P&E Court’s records held at a place must be kept in the custody of the P&E Court’s principal registrar.","sortOrder":86},{"sectionNumber":"pt.9","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":87},{"sectionNumber":"sec.70","sectionType":"section","heading":"Annual report","content":"### sec.70 Annual report\n\nAs soon as practicable but no later than 4 months after the end of each financial year, the Chief Judge must prepare and give to the Minister a written report about the operation of the P&E Court during the financial year.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\nThe Chief Judge may combine the report with the District Court report for the same financial year in the 1 report.\nIn this section—\nDistrict Court report means the report prepared under the District Court of Queensland Act 1967 , section 130A , for a financial year.\n(sec.70-ssec.1) As soon as practicable but no later than 4 months after the end of each financial year, the Chief Judge must prepare and give to the Minister a written report about the operation of the P&E Court during the financial year.\n(sec.70-ssec.2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report.\n(sec.70-ssec.3) The Chief Judge may combine the report with the District Court report for the same financial year in the 1 report.\n(sec.70-ssec.4) In this section— District Court report means the report prepared under the District Court of Queensland Act 1967 , section 130A , for a financial year.","sortOrder":88},{"sectionNumber":"sec.71","sectionType":"section","heading":"Judicial notice","content":"### sec.71 Judicial notice\n\nAll courts and persons acting judicially must take judicial notice of the appointment and signature of persons holding office under this Act.","sortOrder":89},{"sectionNumber":"sec.72","sectionType":"section","heading":"Approval of forms","content":"### sec.72 Approval of forms\n\nThe Chief Judge and another P&E Court judge may approve forms for use under this Act.","sortOrder":90},{"sectionNumber":"sec.73","sectionType":"section","heading":"Regulation-making power","content":"### sec.73 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may impose a penalty of no more than 20 penalty units for a contravention of a regulation.\n(sec.73-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.73-ssec.2) A regulation may impose a penalty of no more than 20 penalty units for a contravention of a regulation.","sortOrder":91},{"sectionNumber":"pt.10","sectionType":"part","heading":"Savings and transitional provisions","content":"# Savings and transitional provisions","sortOrder":92},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Savings and transitional provisions for Act No. 26 of 2016","content":"## Savings and transitional provisions for Act No. 26 of 2016","sortOrder":93},{"sectionNumber":"sec.74","sectionType":"section","heading":"Definitions for division","content":"### sec.74 Definitions for division\n\nIn this division—\ncourt means the Planning and Environment Court continued under repealed SPA, immediately before the commencement.\nrepealed SPA means the repealed Sustainable Planning Act 2009 .\ns 74 amd 2019 No. 11 s 188","sortOrder":94},{"sectionNumber":"sec.75","sectionType":"section","heading":"Continuance of existing judgeships","content":"### sec.75 Continuance of existing judgeships\n\nOn the commencement, a judge of the court becomes a P&E Court judge for the rest of the judge’s unexpired term of office as a judge of the court.","sortOrder":95},{"sectionNumber":"sec.76","sectionType":"section","heading":"Proceedings","content":"### sec.76 Proceedings\n\nThis section applies to a matter under repealed SPA or an enabling Act if a person—\nhad started proceedings under repealed SPA before the commencement but the proceedings had not ended before the commencement; or\nhad, immediately before the commencement, a right to start proceedings under repealed SPA; or\nhas a right to start proceedings that arises after the commencement in relation to—\na statutory instrument mentioned in the Planning Act, section 287; or\nan application mentioned in the Planning Act, section 288; or\nany provision of an enabling Act that provides for the continuation of the matter after the commencement.\nThis Act applies to any appeal in relation to proceedings mentioned in subsection (1)(a).\nProceedings are continued under the Planning Act, section 311(2)(a). This Act will apply to an appeal in relation to the proceedings.\nThis Act applies to the proceedings mentioned in subsection (1)(b) or (c) subject to subsections (4) and (5).\nFor bringing proceedings about particular matters under the repealed SPA, see also the Planning Act, sections 311 and 346.\nFor applying particular provisions of this Act to proceedings mentioned in subsection (1)(b) or (c), see also division 2.\nFor proceedings brought under section 11—\na reference in that section to the Planning Act is taken to include a reference to repealed SPA; and\na reference in that section to the\nPlanning Act, chapter 3, part 6, division 2 is taken to include a reference to repealed SPA, chapter 6, part 11, division 1; and\na reference in that section to the Planning Act, chapter 3, part 6, division 3 is taken to include a reference to a call in of an application under repealed SPA, chapter 6, part 11, division 2.\nFor proceedings brought under section 12—\na reference in that section to the application the subject of a call in under the Planning Act is taken to include a reference to an application under repealed SPA, chapter 6, part 11, division 2; and\na reference in that section to the assessment manager is taken to include a reference to an assessment manager under repealed SPA.\nAlso, to remove any doubt, it is declared that repealed SPA, section 440—\napplies also for a development approval that has lapsed; and\nis not limited to—\ncircumstances in relation to a court proceeding under repealed SPA or a current P&E Court proceeding; or\nprovisions under which there is a positive obligation to take particular action; and\napplies as if a reference to a provision not being complied with, or not being fully complied with, is taken to include—\nnon-fulfilment of part or all of the provision; and\na partial noncompliance with the provision.\nIn this section—\nprovision includes a definition.\ns 76 amd 2019 No. 11 s 189\n(sec.76-ssec.1) This section applies to a matter under repealed SPA or an enabling Act if a person— had started proceedings under repealed SPA before the commencement but the proceedings had not ended before the commencement; or had, immediately before the commencement, a right to start proceedings under repealed SPA; or has a right to start proceedings that arises after the commencement in relation to— a statutory instrument mentioned in the Planning Act, section 287; or an application mentioned in the Planning Act, section 288; or any provision of an enabling Act that provides for the continuation of the matter after the commencement.\n(sec.76-ssec.2) This Act applies to any appeal in relation to proceedings mentioned in subsection (1)(a). Proceedings are continued under the Planning Act, section 311(2)(a). This Act will apply to an appeal in relation to the proceedings.\n(sec.76-ssec.3) This Act applies to the proceedings mentioned in subsection (1)(b) or (c) subject to subsections (4) and (5). For bringing proceedings about particular matters under the repealed SPA, see also the Planning Act, sections 311 and 346. For applying particular provisions of this Act to proceedings mentioned in subsection (1)(b) or (c), see also division 2.\n(sec.76-ssec.4) For proceedings brought under section 11— a reference in that section to the Planning Act is taken to include a reference to repealed SPA; and a reference in that section to the Planning Act, chapter 3, part 6, division 2 is taken to include a reference to repealed SPA, chapter 6, part 11, division 1; and a reference in that section to the Planning Act, chapter 3, part 6, division 3 is taken to include a reference to a call in of an application under repealed SPA, chapter 6, part 11, division 2.\n(sec.76-ssec.5) For proceedings brought under section 12— a reference in that section to the application the subject of a call in under the Planning Act is taken to include a reference to an application under repealed SPA, chapter 6, part 11, division 2; and a reference in that section to the assessment manager is taken to include a reference to an assessment manager under repealed SPA.\n(sec.76-ssec.6) Also, to remove any doubt, it is declared that repealed SPA, section 440— applies also for a development approval that has lapsed; and is not limited to— circumstances in relation to a court proceeding under repealed SPA or a current P&E Court proceeding; or provisions under which there is a positive obligation to take particular action; and applies as if a reference to a provision not being complied with, or not being fully complied with, is taken to include— non-fulfilment of part or all of the provision; and a partial noncompliance with the provision.\n(sec.76-ssec.7) In this section— provision includes a definition.\n- (a) had started proceedings under repealed SPA before the commencement but the proceedings had not ended before the commencement; or\n- (b) had, immediately before the commencement, a right to start proceedings under repealed SPA; or\n- (c) has a right to start proceedings that arises after the commencement in relation to— (i) a statutory instrument mentioned in the Planning Act, section 287; or (ii) an application mentioned in the Planning Act, section 288; or (iii) any provision of an enabling Act that provides for the continuation of the matter after the commencement.\n- (i) a statutory instrument mentioned in the Planning Act, section 287; or\n- (ii) an application mentioned in the Planning Act, section 288; or\n- (iii) any provision of an enabling Act that provides for the continuation of the matter after the commencement.\n- (i) a statutory instrument mentioned in the Planning Act, section 287; or\n- (ii) an application mentioned in the Planning Act, section 288; or\n- (iii) any provision of an enabling Act that provides for the continuation of the matter after the commencement.\n- 1 For bringing proceedings about particular matters under the repealed SPA, see also the Planning Act, sections 311 and 346.\n- 2 For applying particular provisions of this Act to proceedings mentioned in subsection (1)(b) or (c), see also division 2.\n- (a) a reference in that section to the Planning Act is taken to include a reference to repealed SPA; and\n- (b) a reference in that section to the Planning Act, chapter 3, part 6, division 2 is taken to include a reference to repealed SPA, chapter 6, part 11, division 1; and\n- (c) a reference in that section to the Planning Act, chapter 3, part 6, division 3 is taken to include a reference to a call in of an application under repealed SPA, chapter 6, part 11, division 2.\n- (a) a reference in that section to the application the subject of a call in under the Planning Act is taken to include a reference to an application under repealed SPA, chapter 6, part 11, division 2; and\n- (b) a reference in that section to the assessment manager is taken to include a reference to an assessment manager under repealed SPA.\n- (a) applies also for a development approval that has lapsed; and\n- (b) is not limited to— (i) circumstances in relation to a court proceeding under repealed SPA or a current P&E Court proceeding; or (ii) provisions under which there is a positive obligation to take particular action; and\n- (i) circumstances in relation to a court proceeding under repealed SPA or a current P&E Court proceeding; or\n- (ii) provisions under which there is a positive obligation to take particular action; and\n- (c) applies as if a reference to a provision not being complied with, or not being fully complied with, is taken to include— (i) non-fulfilment of part or all of the provision; and (ii) a partial noncompliance with the provision.\n- (i) non-fulfilment of part or all of the provision; and\n- (ii) a partial noncompliance with the provision.\n- (i) circumstances in relation to a court proceeding under repealed SPA or a current P&E Court proceeding; or\n- (ii) provisions under which there is a positive obligation to take particular action; and\n- (i) non-fulfilment of part or all of the provision; and\n- (ii) a partial noncompliance with the provision.","sortOrder":96},{"sectionNumber":"sec.77","sectionType":"section","heading":"Continuance of existing orders and directions","content":"### sec.77 Continuance of existing orders and directions\n\nAn order of the court in force immediately before the commencement continues in effect as an order of the P&E Court.\nThe order may be discharged or amended under this Act by the P&E Court.\nA direction (a practice direction) issued by the Chief Judge of the District Court under repealed SPA, section 446(2), and in force immediately before the commencement continues in force as if it were made under section 14(2).\nA practice direction must be read with the changes necessary to make it consistent with, and adapt its operation to, all enabling Acts.\nSubsections (3) and (4) do not prevent further directions from amending or repealing a practice direction.\n(sec.77-ssec.1) An order of the court in force immediately before the commencement continues in effect as an order of the P&E Court.\n(sec.77-ssec.2) The order may be discharged or amended under this Act by the P&E Court.\n(sec.77-ssec.3) A direction (a practice direction) issued by the Chief Judge of the District Court under repealed SPA, section 446(2), and in force immediately before the commencement continues in force as if it were made under section 14(2).\n(sec.77-ssec.4) A practice direction must be read with the changes necessary to make it consistent with, and adapt its operation to, all enabling Acts.\n(sec.77-ssec.5) Subsections (3) and (4) do not prevent further directions from amending or repealing a practice direction.","sortOrder":97},{"sectionNumber":"sec.78","sectionType":"section","heading":"Existing references to court","content":"### sec.78 Existing references to court\n\nIn another Act or document, a reference to the court is taken to be a reference to the P&E Court.","sortOrder":98},{"sectionNumber":"pt.10-div.2","sectionType":"division","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":99},{"sectionNumber":"sec.79","sectionType":"section","heading":"Application of division","content":"### sec.79 Application of division\n\nThis division applies to the following P&E Court proceedings—\na declaratory proceeding brought under this Act about a matter under the repealed SPA;\nan appeal mentioned in the Planning Act, section 347(1);\nan appeal brought under the Planning Act about a decision on an application mentioned in section 288 (1) of that Act.\ns 79 prev s 79 amd 2017 No. 31 s 46\nexp 3 July 2018 (see s 79(4))\npres s 79 ins 2019 No. 11 s 190\n- (a) a declaratory proceeding brought under this Act about a matter under the repealed SPA;\n- (b) an appeal mentioned in the Planning Act, section 347(1);\n- (c) an appeal brought under the Planning Act about a decision on an application mentioned in section 288 (1) of that Act.","sortOrder":100},{"sectionNumber":"sec.80","sectionType":"section","heading":"Definition for division","content":"### sec.80 Definition for division\n\nIn this division—\nrepealed SPA means the repealed Sustainable Planning Act 2009 .\ns 80 prev s 80 amd 2017 No. 31 s 47\nexp 3 July 2018 (see s 80(4))\npres s 80 ins 2019 No. 11 s 190","sortOrder":101},{"sectionNumber":"sec.81","sectionType":"section","heading":"Applying s 37 and pt 6 to proceedings","content":"### sec.81 Applying s 37 and pt 6 to proceedings\n\nFor applying section 37 to the proceeding—\na reference in that section to an enabling Act or the Planning Act includes a reference to the repealed SPA; and\na reference in that section to a development approval includes a reference to a development approval under the repealed SPA; and\na reference in that section to a development application includes a reference to a development application under the repealed SPA.\nFor applying part 6 to the proceeding—\na reference in section 58, definition costs and section 61(2) to the Planning Act includes a reference to the repealed SPA; and\na reference in section 60(1)(g) to a development application includes a reference to a development application under the repealed SPA; and\na reference in section 61(2) to a development approval includes a reference to a development approval under the repealed SPA; and\na reference in part 6 to an assessment manager, referral agency, applicant or submitter includes a reference to an assessment manager, referral agency, applicant or submitter under the repealed SPA.\ns 81 ins 2019 No. 11 s 190\n(sec.81-ssec.1) For applying section 37 to the proceeding— a reference in that section to an enabling Act or the Planning Act includes a reference to the repealed SPA; and a reference in that section to a development approval includes a reference to a development approval under the repealed SPA; and a reference in that section to a development application includes a reference to a development application under the repealed SPA.\n(sec.81-ssec.2) For applying part 6 to the proceeding— a reference in section 58, definition costs and section 61(2) to the Planning Act includes a reference to the repealed SPA; and a reference in section 60(1)(g) to a development application includes a reference to a development application under the repealed SPA; and a reference in section 61(2) to a development approval includes a reference to a development approval under the repealed SPA; and a reference in part 6 to an assessment manager, referral agency, applicant or submitter includes a reference to an assessment manager, referral agency, applicant or submitter under the repealed SPA.\n- (a) a reference in that section to an enabling Act or the Planning Act includes a reference to the repealed SPA; and\n- (b) a reference in that section to a development approval includes a reference to a development approval under the repealed SPA; and\n- (c) a reference in that section to a development application includes a reference to a development application under the repealed SPA.\n- (a) a reference in section 58, definition costs and section 61(2) to the Planning Act includes a reference to the repealed SPA; and\n- (b) a reference in section 60(1)(g) to a development application includes a reference to a development application under the repealed SPA; and\n- (c) a reference in section 61(2) to a development approval includes a reference to a development approval under the repealed SPA; and\n- (d) a reference in part 6 to an assessment manager, referral agency, applicant or submitter includes a reference to an assessment manager, referral agency, applicant or submitter under the repealed SPA.","sortOrder":102},{"sectionNumber":"sec.82","sectionType":"section","heading":"Appeals about particular applications under repealed SPA","content":"### sec.82 Appeals about particular applications under repealed SPA\n\nThis section applies if the proceeding—\nis started after the commencement; and\nis an appeal mentioned in section 79(c).\nFor applying part 5, division 1 to the proceeding—\na reference in section 45(1)(a) or 46(5) or (6) to the Planning Act includes a reference to the repealed SPA; and\na reference in section 45(2) or 46 to a development application includes a reference to a development application under the repealed SPA; and\na reference in section 45(2) or 46(1) to a submitter includes a reference to a submitter under the repealed SPA; and\na reference in section 45(2) to an advice agency includes a reference to an advice agency under the repealed SPA.\ns 82 ins 2019 No. 11 s 190\n(sec.82-ssec.1) This section applies if the proceeding— is started after the commencement; and is an appeal mentioned in section 79(c).\n(sec.82-ssec.2) For applying part 5, division 1 to the proceeding— a reference in section 45(1)(a) or 46(5) or (6) to the Planning Act includes a reference to the repealed SPA; and a reference in section 45(2) or 46 to a development application includes a reference to a development application under the repealed SPA; and a reference in section 45(2) or 46(1) to a submitter includes a reference to a submitter under the repealed SPA; and a reference in section 45(2) to an advice agency includes a reference to an advice agency under the repealed SPA. s 82 ins 2019 No. 11 s 190\n- (a) is started after the commencement; and\n- (b) is an appeal mentioned in section 79(c).\n- (a) a reference in section 45(1)(a) or 46(5) or (6) to the Planning Act includes a reference to the repealed SPA; and\n- (b) a reference in section 45(2) or 46 to a development application includes a reference to a development application under the repealed SPA; and\n- (c) a reference in section 45(2) or 46(1) to a submitter includes a reference to a submitter under the repealed SPA; and\n- (d) a reference in section 45(2) to an advice agency includes a reference to an advice agency under the repealed SPA.","sortOrder":103},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Transitional provision for Housing Availability and Affordability (Planning and Other Legislation Amendment) Act 2024","content":"## Transitional provision for Housing Availability and Affordability (Planning and Other Legislation Amendment) Act 2024","sortOrder":104},{"sectionNumber":"sec.83","sectionType":"section","heading":"Application of new s 45 to particular Planning Act appeals","content":"### sec.83 Application of new s 45 to particular Planning Act appeals\n\nThis section applies to the following Planning Act appeals—\na Planning Act appeal that—\nwas started before the commencement; and\nimmediately before the commencement, had not been finally dealt with;\na Planning Act appeal started after the commencement, whether or not the matter to which the appeal relates arose before the commencement.\nNew section 45 applies in relation to the Planning Act appeal.\nIn this section—\nnew section 45 means section 45 as in force from the commencement.\ns 83 ins 2024 No. 13 s 99\n(sec.83-ssec.1) This section applies to the following Planning Act appeals— a Planning Act appeal that— was started before the commencement; and immediately before the commencement, had not been finally dealt with; a Planning Act appeal started after the commencement, whether or not the matter to which the appeal relates arose before the commencement.\n(sec.83-ssec.2) New section 45 applies in relation to the Planning Act appeal.\n(sec.83-ssec.3) In this section— new section 45 means section 45 as in force from the commencement.\n- (a) a Planning Act appeal that— (i) was started before the commencement; and (ii) immediately before the commencement, had not been finally dealt with;\n- (i) was started before the commencement; and\n- (ii) immediately before the commencement, had not been finally dealt with;\n- (b) a Planning Act appeal started after the commencement, whether or not the matter to which the appeal relates arose before the commencement.\n- (i) was started before the commencement; and\n- (ii) immediately before the commencement, had not been finally dealt with;","sortOrder":105}],"analysis":{"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"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act centralises and clarifies the Court’s procedural and evidentiary regime while extending and specifying declaratory jurisdiction and ADR use. Notable scope changes in the text include expanded declaratory causes (s 11; new s 12A for social impact assessment and community benefit matters), defined ADR registrar hearing/decision powers (ss 22–28), and adjusted costs definitions and exceptions (s 58 and ss 59–62). Transitional provisions preserve and adapt proceedings from the repealed SPA (ss 76–83)."},"complexity_factors":["Heavy cross‑referencing to the Planning Act and other statutes which determines scope and procedure (ss 7, 11, 37, 76–83).","Multiple office‑holders and overlapping powers: District Court judges constituting the P&E Court, ADR registrars with hearing/deciding powers, and registrars/administrative officers (ss 5, 23, 27, 66–68).","Robust ADR framework with specific steps, confidentiality duties, penalties and limited registrar powers (ss 15–21, 22–28).","Broad discretionary procedural powers that can override rules where interests of justice require (s 14) and wide power to deal with noncompliance (s 37).","Evidentiary presumptions and simplified proof mechanisms (signatures, certificates, instruments) which shift evidentiary burdens (ss 49–57).","Costs regime that departs from a strict 'costs follow the event' default by generally requiring parties to bear their own costs but permitting targeted cost orders and recovery procedures (ss 58–62).","Appeal limitation to questions of law or jurisdictional error requiring leave of the Court of Appeal (ss 63–65), narrowing reviewability of P&E Court decisions.","Extensive savings and transitional provisions preserving and adapting rights and proceedings under the repealed SPA and incorporating later amendments (ss 74–83).","Rule‑making and form approval are subordinate but constrained (rules require concurrence of Chief Judge; regulations may impose penalties) (ss 13, 72, 73)."],"plain_english_summary":"This Act continues the Planning and Environment Court, sets who may sit as judges and registrars, and gives the Court jurisdiction under enabling Acts (especially the Planning Act). It prescribes procedures (including an ADR scheme), evidence presumptions, powers to make orders, and rules about costs and appeals.\n\nIt affects applicants, submitters, assessment managers, local governments, the Planning Minister and developers by shaping who can start or join proceedings, who may be ordered to pay costs, how disputes may be resolved early, and when appeals to a higher court are allowed."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded beyond its original 2016 framework through subsequent amendments (notably 2019, 2024, and 2025). The addition of section 12A (declaratory jurisdiction for social impact assessments and community benefit agreements) and provisions relating to State facilitated development (sections 106D, 106HC, 106HE–HG of the Planning Act) represent significant expansions into areas of major project oversight and social impact that were not part of the original court's core remit. The original Act was focused on appeals against planning decisions and general declaratory relief; amended versions have progressively added jurisdiction over more complex State-driven development processes."},"complexity_factors":["Extensive cross-referencing to external legislation, particularly the Planning Act (Queensland), requiring readers to consult multiple statutes simultaneously to understand the full effect of provisions","Multiple categories of declaratory jurisdiction with different eligibility rules, exceptions to exceptions, and subject-matter carve-outs (sections 11, 12, 12A)","Layered appeal structure: P&E Court → Court of Appeal (leave required, law only) → and separate Supreme Court oversight for jurisdictional error","Dual-role personnel (District Court judges simultaneously serving as P&E Court judges) creating overlapping institutional structures","ADR registrar framework with its own powers, limitations, review mechanisms, and confidentiality regime sitting alongside the main court structure","Detailed and nuanced costs regime that departs from normal civil litigation rules, with situation-specific mandatory and discretionary cost orders","Transitional provisions bridging the repealed Sustainable Planning Act 2009 regime, requiring understanding of historical legislative context","Burden of proof rules that vary depending on the type of appeal and who brought it — non-intuitive and situation-specific","Numerous defined terms that draw meaning from other Acts (Planning Act, Airport Assets Act, Transport Infrastructure Act), compounding interpretive difficulty"],"plain_english_summary":"Queensland’s Planning and Environment Court Act 2016 creates a specialist P&E Court to resolve disputes about planning, land use and development. It provides a forum for appeals, declarations and enforcement about whether development is lawful and how land can be used.\n\nThe law affects developers, landowners, neighbours, councils and state agencies, promotes prompt, low-cost resolution (including mediation), and makes P&E Court decisions generally final except for limited appeals on questions of law."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1709},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2016 establishment of the court. Amendments in 2019 added jurisdiction regarding the Economic Development Act and transitional provisions for the old Sustainable Planning Act. The 2024 amendments adjusted costs and appeal provisions. Most significantly, the 2025 amendments (No. 14) inserted s 12A, creating entirely new declaratory jurisdiction for social impact assessments and community benefit agreements—a distinct regime from traditional planning appeals. The Act now encompasses State-facilitated development (call-ins), PDA development approvals, and complex social impact frameworks that were not part of the original court's scope."},"complexity_factors":["Heavy cross-referencing to external legislation, particularly the *Planning Act* (requiring knowledge of defined terms in Schedule 2, chapters 3, 6, and 7) and transitional references to the repealed *Sustainable Planning Act 2009*.","Multiple amendment Acts incorporated (2019 No. 11, 2024 No. 13, 2024 No. 53, 2025 No. 14) creating a patchwork of transitional provisions in Part 10.","Nested conditional logic in jurisdictional sections: s 11 contains limitations on declaratory jurisdiction (ss 11(2)-(3)), exceptions to those limitations (ss 11(5)-(7)), and carve-outs for specific planning instruments.","Complex transitional arrangements in Part 10 (Division 1 and 2) that 'read' old Act references into new provisions for ongoing proceedings.","Multiple defined terms with external definitions (e.g., 'enabling Act', 'State interest', 'development requiring social impact assessment', 'community benefit agreement') located in other Acts or schedules.","Conditional cost-shifting rules in s 60 with 9 distinct circumstances triggering discretionary costs orders, requiring assessment of party conduct against procedural benchmarks.","Jurisdictional limitations requiring the court to remit matters to tribunals under s 9, creating overlapping administrative/court boundaries."],"plain_english_summary":"This Act sets up the **Planning and Environment Court (P&E Court)**, a specialist court in Queensland that deals with disputes about land development, planning decisions, and environmental matters.\n\n**What it does:**\n*   **Continues the court**: The P&E Court is a court of record staffed by District Court judges who are specially appointed to hear these cases.\n*   **Handles appeals**: People can appeal decisions made under the *Planning Act*—for example, if a local council refuses a development application or imposes tough conditions. The court can confirm, change, or overturn these decisions.\n*   **Declaratory proceedings**: Anyone can ask the court for a legal declaration (an official statement) about whether a proposed land use is lawful, or how planning laws should be interpreted. Recent changes (2025) added new powers for declarations about social impact assessments and community benefit agreements.\n*   **Enforcement**: The court can hear cases about enforcement notices and orders.\n*   **Alternative dispute resolution (ADR)**: The court can refer parties to mediation or conferences to settle disputes quickly without a full trial. ADR registrars can even decide minor matters with the parties' consent.\n*   **Costs**: Usually, each side pays their own legal bills. But the court can order one party to pay the other's costs if they act improperly (e.g., deliberately delaying proceedings or bringing a frivolous case).\n*   **Appeals**: Decisions of the P&E Court can only be appealed to the Court of Appeal on questions of law (not facts), and only with permission (leave).\n\n**Who it affects:**\n*   Property developers and applicants seeking to build or change land use.\n*   Local governments and state agencies making planning decisions.\n*   Community groups and neighbours (submitters) opposing developments.\n*   The Planning Minister, who can intervene in cases involving State interests.\n\n**Why it matters:**\nIt provides a dedicated, expert forum for resolving planning disputes efficiently, balancing the need for development with community and environmental concerns. It aims to avoid technical legal delays while ensuring fair process."}},"importantCases":[],"_links":{"self":"/api/acts/planning-and-environment-court-act-2016","history":"/api/acts/planning-and-environment-court-act-2016/history","analysis":"/api/acts/planning-and-environment-court-act-2016/analysis","conflicts":"/api/acts/planning-and-environment-court-act-2016/conflicts","importantCases":"/api/acts/planning-and-environment-court-act-2016/important-cases","documents":"/api/acts/planning-and-environment-court-act-2016/documents"}}