{"id":"qld:act-2011-001","name":"Queensland Reconstruction Authority Act 2011","slug":"queensland-reconstruction-authority-act-2011","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"1 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29785,"registerId":"qld-act-2011-001-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":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Queensland Reconstruction Authority Act 2011 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Main purpose of Act","content":"### sec.2 Main purpose of Act\n\nThe main purpose of this Act is to provide for appropriate measures—\nto ensure Queensland and its communities effectively and efficiently recover from the impacts of disasters; and\nto improve the resilience of communities for potential disasters.\ns 2 amd 2013 No. 1 s 3 ; 2019 No. 11 s 200\n- (a) to ensure Queensland and its communities effectively and efficiently recover from the impacts of disasters; and\n- (b) to improve the resilience of communities for potential disasters.","sortOrder":3},{"sectionNumber":"sec.3","sectionType":"section","heading":"How main purpose is primarily achieved","content":"### sec.3 How main purpose is primarily achieved\n\nThe main purpose is to be achieved primarily by—\nestablishing the Queensland Reconstruction Authority to coordinate and manage the rebuilding and recovery of affected communities, including the repair and rebuilding of community infrastructure and other property; and\nestablishing the Queensland Reconstruction Board to oversee the operations of the authority; and\nproviding for the declaration of, and the making of development schemes for, declared projects and reconstruction areas to facilitate the following—\nthe protection, rebuilding and recovery of affected communities;\nmitigating against potential disasters for affected communities;\nimproving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.\ns 3 amd 2019 No. 11 s 201\n- (a) establishing the Queensland Reconstruction Authority to coordinate and manage the rebuilding and recovery of affected communities, including the repair and rebuilding of community infrastructure and other property; and\n- (b) establishing the Queensland Reconstruction Board to oversee the operations of the authority; and\n- (c) providing for the declaration of, and the making of development schemes for, declared projects and reconstruction areas to facilitate the following— (i) the protection, rebuilding and recovery of affected communities; (ii) mitigating against potential disasters for affected communities; (iii) improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.\n- (i) the protection, rebuilding and recovery of affected communities;\n- (ii) mitigating against potential disasters for affected communities;\n- (iii) improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.\n- (i) the protection, rebuilding and recovery of affected communities;\n- (ii) mitigating against potential disasters for affected communities;\n- (iii) improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Act binds all persons","content":"### sec.4 Act binds all persons\n\nThis Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\nNothing in this Act makes the State liable to be prosecuted for an offence.\n(sec.4-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.4-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.","sortOrder":5},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Definitions","content":"### sec.5 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 amd 2013 No. 1 s 4\nom 2019 No. 11 s 202","sortOrder":8},{"sectionNumber":"pt.2","sectionType":"part","heading":"Queensland Reconstruction Authority","content":"# Queensland Reconstruction Authority","sortOrder":9},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment","content":"## Establishment","sortOrder":10},{"sectionNumber":"sec.7","sectionType":"section","heading":"Establishment of authority","content":"### sec.7 Establishment of authority\n\nThe Queensland Reconstruction Authority is established.","sortOrder":11},{"sectionNumber":"sec.8","sectionType":"section","heading":"Authority represents the State","content":"### sec.8 Authority represents the State\n\nThe authority represents the State.\nWithout limiting subsection (1) , the authority has the status, privileges and immunities of the State.\n(sec.8-ssec.1) The authority represents the State.\n(sec.8-ssec.2) Without limiting subsection (1) , the authority has the status, privileges and immunities of the State.","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of other Acts","content":"### sec.9 Application of other Acts\n\nThe authority is—\na unit of public administration under the Crime and Corruption Act 2001 ; and\na statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\nThe Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the authority’s powers.\ns 9 amd 2014 No. 21 s 94 (2) sch 2\n(sec.9-ssec.1) The authority is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .\n(sec.9-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the authority’s powers.\n- (a) a unit of public administration under the Crime and Corruption Act 2001 ; and\n- (b) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .","sortOrder":13},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Functions and powers","content":"## Functions and powers","sortOrder":14},{"sectionNumber":"sec.10","sectionType":"section","heading":"Authority’s functions","content":"### sec.10 Authority’s functions\n\nThe main functions of the authority are as follows—\nto coordinate the development and implementation of whole-of-government policies for—\ncarrying out risk assessments of potential disasters; and\nmanaging flood risks; and\nensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and\nimproving the resilience of communities for potential disasters through, for example, the betterment of the communities;\nto decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities;\nto work closely with affected communities to ensure each community’s needs are recognised in the rebuilding and recovery of the communities and improving their resilience;\nto collect and collate information about community services, and community infrastructure and other property, damaged or otherwise affected by a disaster;\nto administer, coordinate and distribute financial assistance for communities in relation to mitigating against, recovering from or improving resilience for disasters;\nto put into effect the strategic priorities of the board;\nto ensure the protection, rebuilding and recovery of affected communities is—\neffectively and efficiently carried out; and\nappropriate, having regard to the nature of the disaster;\nto facilitate mitigating against potential disasters, including facilitating the development of a network of flood warning gauges that complies with best practice;\nto plan for, coordinate and put in place measures to improve the resilience of communities for potential disasters through, for example, the betterment of the communities;\nif asked by the Minister, to give the Minister advice about putting into effect recommendations made after an inquiry or inquest, particularly recommendations about mitigating against, recovering from or improving resilience for disasters.\nThe authority’s functions also include any other function given to the authority under this Act or another Act.\ns 10 amd 2013 No. 1 s 5 ; 2019 No. 11 s 203 ; 2024 No. 22 s 87\n(sec.10-ssec.1) The main functions of the authority are as follows— to coordinate the development and implementation of whole-of-government policies for— carrying out risk assessments of potential disasters; and managing flood risks; and ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and improving the resilience of communities for potential disasters through, for example, the betterment of the communities; to decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities; to work closely with affected communities to ensure each community’s needs are recognised in the rebuilding and recovery of the communities and improving their resilience; to collect and collate information about community services, and community infrastructure and other property, damaged or otherwise affected by a disaster; to administer, coordinate and distribute financial assistance for communities in relation to mitigating against, recovering from or improving resilience for disasters; to put into effect the strategic priorities of the board; to ensure the protection, rebuilding and recovery of affected communities is— effectively and efficiently carried out; and appropriate, having regard to the nature of the disaster; to facilitate mitigating against potential disasters, including facilitating the development of a network of flood warning gauges that complies with best practice; to plan for, coordinate and put in place measures to improve the resilience of communities for potential disasters through, for example, the betterment of the communities; if asked by the Minister, to give the Minister advice about putting into effect recommendations made after an inquiry or inquest, particularly recommendations about mitigating against, recovering from or improving resilience for disasters.\n(sec.10-ssec.2) The authority’s functions also include any other function given to the authority under this Act or another Act.\n- (a) to coordinate the development and implementation of whole-of-government policies for— (i) carrying out risk assessments of potential disasters; and (ii) managing flood risks; and (iii) ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and (iv) improving the resilience of communities for potential disasters through, for example, the betterment of the communities;\n- (i) carrying out risk assessments of potential disasters; and\n- (ii) managing flood risks; and\n- (iii) ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and\n- (iv) improving the resilience of communities for potential disasters through, for example, the betterment of the communities;\n- (b) to decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities;\n- (c) to work closely with affected communities to ensure each community’s needs are recognised in the rebuilding and recovery of the communities and improving their resilience;\n- (d) to collect and collate information about community services, and community infrastructure and other property, damaged or otherwise affected by a disaster;\n- (e) to administer, coordinate and distribute financial assistance for communities in relation to mitigating against, recovering from or improving resilience for disasters;\n- (f) to put into effect the strategic priorities of the board;\n- (g) to ensure the protection, rebuilding and recovery of affected communities is— (i) effectively and efficiently carried out; and (ii) appropriate, having regard to the nature of the disaster;\n- (i) effectively and efficiently carried out; and\n- (ii) appropriate, having regard to the nature of the disaster;\n- (h) to facilitate mitigating against potential disasters, including facilitating the development of a network of flood warning gauges that complies with best practice;\n- (i) to plan for, coordinate and put in place measures to improve the resilience of communities for potential disasters through, for example, the betterment of the communities;\n- (j) if asked by the Minister, to give the Minister advice about putting into effect recommendations made after an inquiry or inquest, particularly recommendations about mitigating against, recovering from or improving resilience for disasters.\n- (i) carrying out risk assessments of potential disasters; and\n- (ii) managing flood risks; and\n- (iii) ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and\n- (iv) improving the resilience of communities for potential disasters through, for example, the betterment of the communities;\n- (i) effectively and efficiently carried out; and\n- (ii) appropriate, having regard to the nature of the disaster;","sortOrder":15},{"sectionNumber":"sec.11","sectionType":"section","heading":"Authority’s powers","content":"### sec.11 Authority’s powers\n\nSubject to any Ministerial direction or notice under section 12 , the authority has all the powers of an individual, and may, for example—\nenter into contracts; and\nacquire, hold, deal with and dispose of property; and\nappoint agents and attorneys; and\nengage consultants; and\ndo anything else necessary or convenient to be done in the performance of its functions.\nWithout limiting subsection (1) , the authority has the powers given to it under this Act or another Act.\n(sec.11-ssec.1) Subject to any Ministerial direction or notice under section 12 , the authority has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants; and do anything else necessary or convenient to be done in the performance of its functions.\n(sec.11-ssec.2) Without limiting subsection (1) , the authority has the powers given to it under this Act or another Act.\n- (a) enter into contracts; and\n- (b) acquire, hold, deal with and dispose of property; and\n- (c) appoint agents and attorneys; and\n- (d) engage consultants; and\n- (e) do anything else necessary or convenient to be done in the performance of its functions.","sortOrder":16},{"sectionNumber":"sec.12","sectionType":"section","heading":"Ministerial direction or notice","content":"### sec.12 Ministerial direction or notice\n\nThe Minister may give the authority a written direction about the performance of its functions or the exercise of its powers, or notice of a public sector policy, if the Minister is satisfied it is necessary to give the direction or notice in the public interest.\nThe authority must ensure the direction or policy is complied with.\nThe authority—\nmust include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and\nmay include in the report a comment about the effect on the authority’s activities of complying with the direction or notice.\n(sec.12-ssec.1) The Minister may give the authority a written direction about the performance of its functions or the exercise of its powers, or notice of a public sector policy, if the Minister is satisfied it is necessary to give the direction or notice in the public interest.\n(sec.12-ssec.2) The authority must ensure the direction or policy is complied with.\n(sec.12-ssec.3) The authority— must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and may include in the report a comment about the effect on the authority’s activities of complying with the direction or notice.\n- (a) must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and\n- (b) may include in the report a comment about the effect on the authority’s activities of complying with the direction or notice.","sortOrder":17},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Membership of the authority","content":"## Membership of the authority","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Membership of authority","content":"### sec.13 Membership of authority\n\nThe authority consists of—\nthe chief executive officer; and\nthe other staff of the authority.\n- (a) the chief executive officer; and\n- (b) the other staff of the authority.","sortOrder":19},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Staff of the authority","content":"## Staff of the authority","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Chief executive officer","content":"### sec.14 Chief executive officer\n\nThe authority must have a chief executive officer.\nThe chief executive officer is appointed by the Governor in Council.\n(sec.14-ssec.1) The authority must have a chief executive officer.\n(sec.14-ssec.2) The chief executive officer is appointed by the Governor in Council.","sortOrder":21},{"sectionNumber":"sec.15","sectionType":"section","heading":"Restriction on appointment","content":"### sec.15 Restriction on appointment\n\nA member of the board must not be appointed as chief executive officer.","sortOrder":22},{"sectionNumber":"sec.16","sectionType":"section","heading":"Chief executive officer employed under this Act","content":"### sec.16 Chief executive officer employed under this Act\n\nThe chief executive officer is employed under this Act and not under the Public Sector Act 2022 .\ns 16 amd 2022 No. 34 s 365 sch 3","sortOrder":23},{"sectionNumber":"sec.17","sectionType":"section","heading":"Term of office","content":"### sec.17 Term of office\n\nSubject to this subdivision, the chief executive officer holds office for the term stated in the officer’s instrument of appointment.\ns 17 amd 2019 No. 11 s 231 s ch 1 pt 1","sortOrder":24},{"sectionNumber":"sec.18","sectionType":"section","heading":"Functions and powers of chief executive officer","content":"### sec.18 Functions and powers of chief executive officer\n\nThe main functions of the chief executive officer are as follows—\nto ensure the authority performs its functions effectively and efficiently;\nto undertake or commission investigations, prepare plans or take steps the Minister directs, or the chief executive officer considers necessary or desirable, to ensure proper planning, preparation, coordination and control of development for the protection, rebuilding and recovery of affected communities;\nto make recommendations to the Minister about any matter that—\nrelates to the performance or exercise of the chief executive officer’s or authority’s functions or powers; and\nmay help the Minister in the proper administration of this Act.\nThe chief executive officer’s functions also include any other function given to the chief executive officer under this Act or another Act.\nThe chief executive officer may exercise the powers of the authority and any other powers given to the chief executive officer under this Act or another Act.\n(sec.18-ssec.1) The main functions of the chief executive officer are as follows— to ensure the authority performs its functions effectively and efficiently; to undertake or commission investigations, prepare plans or take steps the Minister directs, or the chief executive officer considers necessary or desirable, to ensure proper planning, preparation, coordination and control of development for the protection, rebuilding and recovery of affected communities; to make recommendations to the Minister about any matter that— relates to the performance or exercise of the chief executive officer’s or authority’s functions or powers; and may help the Minister in the proper administration of this Act.\n(sec.18-ssec.2) The chief executive officer’s functions also include any other function given to the chief executive officer under this Act or another Act.\n(sec.18-ssec.3) The chief executive officer may exercise the powers of the authority and any other powers given to the chief executive officer under this Act or another Act.\n- (a) to ensure the authority performs its functions effectively and efficiently;\n- (b) to undertake or commission investigations, prepare plans or take steps the Minister directs, or the chief executive officer considers necessary or desirable, to ensure proper planning, preparation, coordination and control of development for the protection, rebuilding and recovery of affected communities;\n- (c) to make recommendations to the Minister about any matter that— (i) relates to the performance or exercise of the chief executive officer’s or authority’s functions or powers; and (ii) may help the Minister in the proper administration of this Act.\n- (i) relates to the performance or exercise of the chief executive officer’s or authority’s functions or powers; and\n- (ii) may help the Minister in the proper administration of this Act.\n- (i) relates to the performance or exercise of the chief executive officer’s or authority’s functions or powers; and\n- (ii) may help the Minister in the proper administration of this Act.","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Chief executive officer not to engage in other paid employment","content":"### sec.19 Chief executive officer not to engage in other paid employment\n\nThe chief executive officer must not, without the approval of the board—\nengage in paid employment outside the duties of the office of chief executive officer; or\nactively take part in the activities of a business, or in the management of a corporation carrying on business.\n- (a) engage in paid employment outside the duties of the office of chief executive officer; or\n- (b) actively take part in the activities of a business, or in the management of a corporation carrying on business.","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Conditions of appointment","content":"### sec.20 Conditions of appointment\n\nThe chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.\nThe chief executive officer holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.\n(sec.20-ssec.1) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.20-ssec.2) The chief executive officer holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Vacancy in office of chief executive officer","content":"### sec.21 Vacancy in office of chief executive officer\n\nThe office of the chief executive officer becomes vacant if the chief executive officer—\ncompletes a term of office; or\nresigns office by signed notice given to the Minister; or\nis removed from office by the Governor in Council under subsection (2) ; or\nis convicted of an indictable offence or an offence against this Act; or\nis a person who is an insolvent under administration.\nThe Governor in Council may at any time remove the chief executive officer from office for any reason or none.\ns 21 amd 2023 No. 23 s 247 sch 1 s 2 (2)\n(sec.21-ssec.1) The office of the chief executive officer becomes vacant if the chief executive officer— completes a term of office; or resigns office by signed notice given to the Minister; or is removed from office by the Governor in Council under subsection (2) ; or is convicted of an indictable offence or an offence against this Act; or is a person who is an insolvent under administration.\n(sec.21-ssec.2) The Governor in Council may at any time remove the chief executive officer from office for any reason or none.\n- (a) completes a term of office; or\n- (b) resigns office by signed notice given to the Minister; or\n- (c) is removed from office by the Governor in Council under subsection (2) ; or\n- (d) is convicted of an indictable offence or an offence against this Act; or\n- (e) is a person who is an insolvent under administration.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Preservation of rights of chief executive officer","content":"### sec.22 Preservation of rights of chief executive officer\n\nThis section applies if an officer of the public service is appointed as the chief executive officer.\nThe person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the chief executive officer were a continuation of service as a public service officer.\nAt the end of the person’s term of office or resignation as the chief executive officer—\nthe person has the right to be appointed to an office in the public service on the same terms and conditions that applied to the person before being appointed as the chief executive officer; and\nthe person’s service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n(sec.22-ssec.1) This section applies if an officer of the public service is appointed as the chief executive officer.\n(sec.22-ssec.2) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the chief executive officer were a continuation of service as a public service officer.\n(sec.22-ssec.3) At the end of the person’s term of office or resignation as the chief executive officer— the person has the right to be appointed to an office in the public service on the same terms and conditions that applied to the person before being appointed as the chief executive officer; and the person’s service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n- (a) the person has the right to be appointed to an office in the public service on the same terms and conditions that applied to the person before being appointed as the chief executive officer; and\n- (b) the person’s service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Acting chief executive officer","content":"### sec.23 Acting chief executive officer\n\nThe Governor in Council may appoint a person, other than a member of the board, to act in the office of chief executive officer during—\nany vacancy, or all vacancies, in the office; or\nany period, or all periods, when the chief executive officer is absent from duty, or can not, for another reason, perform the functions of the office.\n- (a) any vacancy, or all vacancies, in the office; or\n- (b) any period, or all periods, when the chief executive officer is absent from duty, or can not, for another reason, perform the functions of the office.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Appointment","content":"### sec.24 Appointment\n\nThe chief executive officer may appoint any person to help the chief executive officer in the performance or exercise of their functions or powers.\nThe person holds office on the terms and conditions, not provided by this Act, stated in—\nthe person’s instrument of appointment; or\na notice signed by the chief executive officer and given to the person.\nIn appointing a person under this section, the chief executive officer must consult with the Public Sector Commissioner under the Public Sector Act 2022 .\nA person appointed under this section is employed under this Act and not under the Public Sector Act 2022 .\ns 24 amd 2022 No. 34 s 365 sch 3 ; 2024 No. 22 s 92 sch 1\n(sec.24-ssec.1) The chief executive officer may appoint any person to help the chief executive officer in the performance or exercise of their functions or powers.\n(sec.24-ssec.2) The person holds office on the terms and conditions, not provided by this Act, stated in— the person’s instrument of appointment; or a notice signed by the chief executive officer and given to the person.\n(sec.24-ssec.3) In appointing a person under this section, the chief executive officer must consult with the Public Sector Commissioner under the Public Sector Act 2022 .\n(sec.24-ssec.4) A person appointed under this section is employed under this Act and not under the Public Sector Act 2022 .\n- (a) the person’s instrument of appointment; or\n- (b) a notice signed by the chief executive officer and given to the person.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Preservation of rights of persons appointed under s 24","content":"### sec.25 Preservation of rights of persons appointed under s 24\n\nThis section applies if an officer of the public service is appointed under section 24 to help the chief executive officer.\nThe person keeps all rights accrued or accruing to the person as an officer of the public service as if service in the office to which the person is appointed (the appointed office ) were a continuation of service as a public service officer.\nAt the end of the person’s term of office or resignation from the appointed office—\nthe person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed to the appointed office; and\nthe person’s service in the appointed office is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n(sec.25-ssec.1) This section applies if an officer of the public service is appointed under section 24 to help the chief executive officer.\n(sec.25-ssec.2) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service in the office to which the person is appointed (the appointed office ) were a continuation of service as a public service officer.\n(sec.25-ssec.3) At the end of the person’s term of office or resignation from the appointed office— the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed to the appointed office; and the person’s service in the appointed office is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.\n- (a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed to the appointed office; and\n- (b) the person’s service in the appointed office is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Authority staff","content":"### sec.26 Authority staff\n\nThe authority may employ other staff it considers appropriate to perform its functions.\nThe other staff are to be employed under the Public Sector Act 2022 .\ns 26 amd 2022 No. 34 s 365 sch 3\n(sec.26-ssec.1) The authority may employ other staff it considers appropriate to perform its functions.\n(sec.26-ssec.2) The other staff are to be employed under the Public Sector Act 2022 .","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Alternative staffing arrangements","content":"### sec.27 Alternative staffing arrangements\n\nThe chief executive officer may arrange with the chief executive of a department, a local government, a government entity or a government owned corporation, for the services of officers or employees of the department, local government, entity or corporation to be made available to the authority.\nAn officer or employee whose services are made available under subsection (1) —\ncontinues to be an officer or employee of the department, local government, entity or corporation; and\ncontinues to be employed or otherwise engaged by the department, local government, entity or corporation on the same terms and conditions applying to the officer or employee before their services were made available; and\nis, for the period the services are made available and for the carrying out of the authority’s functions, taken to be a member of the staff of the authority.\ns 27 amd 2024 No. 22 s 92 sch 1\n(sec.27-ssec.1) The chief executive officer may arrange with the chief executive of a department, a local government, a government entity or a government owned corporation, for the services of officers or employees of the department, local government, entity or corporation to be made available to the authority.\n(sec.27-ssec.2) An officer or employee whose services are made available under subsection (1) — continues to be an officer or employee of the department, local government, entity or corporation; and continues to be employed or otherwise engaged by the department, local government, entity or corporation on the same terms and conditions applying to the officer or employee before their services were made available; and is, for the period the services are made available and for the carrying out of the authority’s functions, taken to be a member of the staff of the authority.\n- (a) continues to be an officer or employee of the department, local government, entity or corporation; and\n- (b) continues to be employed or otherwise engaged by the department, local government, entity or corporation on the same terms and conditions applying to the officer or employee before their services were made available; and\n- (c) is, for the period the services are made available and for the carrying out of the authority’s functions, taken to be a member of the staff of the authority.","sortOrder":34},{"sectionNumber":"pt.3","sectionType":"part","heading":"Queensland Reconstruction Board","content":"# Queensland Reconstruction Board","sortOrder":35},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Establishment and functions","content":"## Establishment and functions","sortOrder":36},{"sectionNumber":"sec.28","sectionType":"section","heading":"The board","content":"### sec.28 The board\n\nThe authority has a board of management (the Queensland Reconstruction Board ).","sortOrder":37},{"sectionNumber":"sec.29","sectionType":"section","heading":"Functions of board","content":"### sec.29 Functions of board\n\nThe functions of the board are as follows—\nto set the strategic priorities for the authority;\nto make recommendations to the Minister about—\npriorities for community infrastructure, other property and community services needed for the protection, rebuilding and recovery of affected communities; and\nthe need for the declaration of declared projects and reconstruction areas;\nto ensure the authority performs its functions and exercises its powers in an appropriate, effective and efficient way.\n- (a) to set the strategic priorities for the authority;\n- (b) to make recommendations to the Minister about— (i) priorities for community infrastructure, other property and community services needed for the protection, rebuilding and recovery of affected communities; and (ii) the need for the declaration of declared projects and reconstruction areas;\n- (i) priorities for community infrastructure, other property and community services needed for the protection, rebuilding and recovery of affected communities; and\n- (ii) the need for the declaration of declared projects and reconstruction areas;\n- (c) to ensure the authority performs its functions and exercises its powers in an appropriate, effective and efficient way.\n- (i) priorities for community infrastructure, other property and community services needed for the protection, rebuilding and recovery of affected communities; and\n- (ii) the need for the declaration of declared projects and reconstruction areas;","sortOrder":38},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Members","content":"## Members","sortOrder":39},{"sectionNumber":"sec.30","sectionType":"section","heading":"Membership of board","content":"### sec.30 Membership of board\n\nThe board consists of the following persons (each a member )—\nthe chairperson;\n2 members nominated by the Commonwealth;\n1 member nominated by the Local Government Association of Queensland Ltd ACN 142 783 917;\nat least 3 other members.\nEach member must be appointed by the Governor in Council.\nA member mentioned in subsection (1) (d) must have expertise and experience in engineering, finance, planning or another field the Minister considers appropriate for a member of the board.\ns 30 amd 2019 No. 11 s 204\n(sec.30-ssec.1) The board consists of the following persons (each a member )— the chairperson; 2 members nominated by the Commonwealth; 1 member nominated by the Local Government Association of Queensland Ltd ACN 142 783 917; at least 3 other members.\n(sec.30-ssec.2) Each member must be appointed by the Governor in Council.\n(sec.30-ssec.3) A member mentioned in subsection (1) (d) must have expertise and experience in engineering, finance, planning or another field the Minister considers appropriate for a member of the board.\n- (a) the chairperson;\n- (b) 2 members nominated by the Commonwealth;\n- (c) 1 member nominated by the Local Government Association of Queensland Ltd ACN 142 783 917;\n- (d) at least 3 other members.","sortOrder":40},{"sectionNumber":"sec.31","sectionType":"section","heading":"Term of office","content":"### sec.31 Term of office\n\nSubject to this division, a member holds office for the term stated in the member’s instrument of appointment.\ns 31 amd 2019 No. 11 s 231 s ch 1 pt 1","sortOrder":41},{"sectionNumber":"sec.32","sectionType":"section","heading":"Conditions of appointment","content":"### sec.32 Conditions of appointment\n\nA member is to be paid the remuneration and allowances decided by the Governor in Council.\nA member holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.\n(sec.32-ssec.1) A member is to be paid the remuneration and allowances decided by the Governor in Council.\n(sec.32-ssec.2) A member holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.","sortOrder":42},{"sectionNumber":"sec.33","sectionType":"section","heading":"Vacancy in office of member","content":"### sec.33 Vacancy in office of member\n\nThe office of a member becomes vacant if the member—\ncompletes a term of office; or\nresigns office by signed notice given to the Minister; or\nis removed from office by the Governor in Council under subsection (2) ; or\nis convicted of an indictable offence or an offence against this Act; or\nis a person who is an insolvent under administration; or\nbecomes employed by, or becomes a contractor of, the authority.\nThe Governor in Council may at any time remove a member from office for any reason or none.\ns 33 amd 2023 No. 23 s 247 sch 1 s 2 (2)\n(sec.33-ssec.1) The office of a member becomes vacant if the member— completes a term of office; or resigns office by signed notice given to the Minister; or is removed from office by the Governor in Council under subsection (2) ; or is convicted of an indictable offence or an offence against this Act; or is a person who is an insolvent under administration; or becomes employed by, or becomes a contractor of, the authority.\n(sec.33-ssec.2) The Governor in Council may at any time remove a member from office for any reason or none.\n- (a) completes a term of office; or\n- (b) resigns office by signed notice given to the Minister; or\n- (c) is removed from office by the Governor in Council under subsection (2) ; or\n- (d) is convicted of an indictable offence or an offence against this Act; or\n- (e) is a person who is an insolvent under administration; or\n- (f) becomes employed by, or becomes a contractor of, the authority.","sortOrder":43},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Chairperson","content":"## Chairperson","sortOrder":44},{"sectionNumber":"sec.34","sectionType":"section","heading":"Role of chairperson","content":"### sec.34 Role of chairperson\n\nThe chairperson is responsible for leading and directing the activities of the board to ensure the board performs its functions appropriately.","sortOrder":45},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Proceedings of the board","content":"## Proceedings of the board","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Time and place of meetings","content":"### sec.35 Time and place of meetings\n\nThe board may hold its meetings when and where it decides.\nHowever, the board must meet at least 8 times each year.\nThe chairperson—\nmay at any time call a meeting of the board; and\nmust call a meeting if asked by at least 2 other members.\ns 35 amd 2019 No. 11 s 205\n(sec.35-ssec.1) The board may hold its meetings when and where it decides.\n(sec.35-ssec.2) However, the board must meet at least 8 times each year.\n(sec.35-ssec.3) The chairperson— may at any time call a meeting of the board; and must call a meeting if asked by at least 2 other members.\n- (a) may at any time call a meeting of the board; and\n- (b) must call a meeting if asked by at least 2 other members.","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Quorum","content":"### sec.36 Quorum\n\nA quorum for a meeting of the board is a majority of the board members for the time being.\ns 36 sub 2024 No. 22 s 88","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Presiding at meetings","content":"### sec.37 Presiding at meetings\n\nThe chairperson presides at all meetings of the board at which the chairperson is present.\nIf the chairperson is absent, the member chosen by the members present presides.\n(sec.37-ssec.1) The chairperson presides at all meetings of the board at which the chairperson is present.\n(sec.37-ssec.2) If the chairperson is absent, the member chosen by the members present presides.","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Conduct of meetings","content":"### sec.38 Conduct of meetings\n\nSubject to this division, the board may conduct its proceedings, including its meetings, as it considers appropriate.\nThe board may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.\nA member who takes part in a meeting of the board under subsection (2) is taken to be present at the meeting.\nA question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting.\nIf the votes are equal, the member presiding has a casting vote.\nA resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if—\nat least half the members give written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the board.\ns 38 amd 2019 No. 11 s 231 s ch 1 pt 1\n(sec.38-ssec.1) Subject to this division, the board may conduct its proceedings, including its meetings, as it considers appropriate.\n(sec.38-ssec.2) The board may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.\n(sec.38-ssec.3) A member who takes part in a meeting of the board under subsection (2) is taken to be present at the meeting.\n(sec.38-ssec.4) A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting.\n(sec.38-ssec.5) If the votes are equal, the member presiding has a casting vote.\n(sec.38-ssec.6) A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if— at least half the members give written agreement to the resolution; and notice of the resolution is given under procedures approved by the board.\n- (a) at least half the members give written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the board.","sortOrder":50},{"sectionNumber":"sec.39","sectionType":"section","heading":"Minutes and other records","content":"### sec.39 Minutes and other records\n\nThe board must keep—\nminutes of its meetings; and\na record of any decisions and resolutions of the board.\n- (a) minutes of its meetings; and\n- (b) a record of any decisions and resolutions of the board.","sortOrder":51},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Disclosure of conflict of interests and reporting requirements","content":"## Disclosure of conflict of interests and reporting requirements","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Disclosure of conflict of interest","content":"### sec.40 Disclosure of conflict of interest\n\nIf—\na member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the board; and\nthe interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter;\nthe member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.\nParticulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose.\nAfter a member has disclosed the nature of an interest in any matter, the member must not be present during any deliberation of the board about the matter, or take part in any decision of the board about the matter, unless the board otherwise decides.\nFor the making of a decision by the board under subsection (3) , a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—\nbe present during any deliberation of the board for the purpose of making the decision; or\ntake part in the making of the decision by the board.\nA contravention of this section does not invalidate any decision of the board.\nHowever, if the board becomes aware a member contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section.\n(sec.40-ssec.1) If— a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the board; and the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter; the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.\n(sec.40-ssec.2) Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose.\n(sec.40-ssec.3) After a member has disclosed the nature of an interest in any matter, the member must not be present during any deliberation of the board about the matter, or take part in any decision of the board about the matter, unless the board otherwise decides.\n(sec.40-ssec.4) For the making of a decision by the board under subsection (3) , a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not— be present during any deliberation of the board for the purpose of making the decision; or take part in the making of the decision by the board.\n(sec.40-ssec.5) A contravention of this section does not invalidate any decision of the board.\n(sec.40-ssec.6) However, if the board becomes aware a member contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section.\n- (a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the board; and\n- (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter;\n- (a) be present during any deliberation of the board for the purpose of making the decision; or\n- (b) take part in the making of the decision by the board.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Reporting by the board and chairperson","content":"### sec.41 Reporting by the board and chairperson\n\nAs soon as practicable after the end of each quarter, the board must give the Minister a report about the performance of the authority’s functions and the exercise of its powers during the quarter.\nAlso, if the Minister asks the board for a report about the performance of the authority’s functions and the exercise of its powers, the board must comply with the request.\nThe authority must keep a copy of each report given under subsection (1) or (2) on its website.\nIf the chairperson becomes aware of any matter the chairperson considers may adversely affect the authority’s ability to perform its functions or exercise its powers, the chairperson must immediately give the Minister a report about the matter.\ns 41 amd 2019 No. 11 s 206\n(sec.41-ssec.1) As soon as practicable after the end of each quarter, the board must give the Minister a report about the performance of the authority’s functions and the exercise of its powers during the quarter.\n(sec.41-ssec.2) Also, if the Minister asks the board for a report about the performance of the authority’s functions and the exercise of its powers, the board must comply with the request.\n(sec.41-ssec.3) The authority must keep a copy of each report given under subsection (1) or (2) on its website.\n(sec.41-ssec.4) If the chairperson becomes aware of any matter the chairperson considers may adversely affect the authority’s ability to perform its functions or exercise its powers, the chairperson must immediately give the Minister a report about the matter.","sortOrder":54},{"sectionNumber":"pt.3-div","sectionType":"division","heading":null,"content":"","sortOrder":55},{"sectionNumber":"pt.4","sectionType":"part","heading":"Declarations about declared projects, reconstruction areas and critical infrastructure projects","content":"# Declarations about declared projects, reconstruction areas and critical infrastructure projects","sortOrder":56},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Declarations","content":"## Declarations","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"Declaration of declared project","content":"### sec.42 Declaration of declared project\n\nThe Minister may declare a project for proposed development to be a declared project if the Minister is satisfied—\nthe project is to be undertaken in a part of the State that has been directly or indirectly affected by a disaster; and\nthe declaration is necessary to facilitate—\nthe protection, rebuilding and recovery of an affected community; or\nmitigating against potential disasters for an affected community; or\nimproving the resilience of an affected community for potential disasters through, for example, the betterment of the community.\nThe declaration must be made by gazette notice.\nThe gazette notice must describe the land to which the declared project relates.\na lot on plan description\nBefore declaring a declared project, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government’s area.\nThe Minister may make the declaration on the Minister’s own initiative or at the request of a local government.\ns 42 amd 2019 No. 11 s 207\n(sec.42-ssec.1) The Minister may declare a project for proposed development to be a declared project if the Minister is satisfied— the project is to be undertaken in a part of the State that has been directly or indirectly affected by a disaster; and the declaration is necessary to facilitate— the protection, rebuilding and recovery of an affected community; or mitigating against potential disasters for an affected community; or improving the resilience of an affected community for potential disasters through, for example, the betterment of the community.\n(sec.42-ssec.2) The declaration must be made by gazette notice.\n(sec.42-ssec.3) The gazette notice must describe the land to which the declared project relates. a lot on plan description\n(sec.42-ssec.4) Before declaring a declared project, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government’s area.\n(sec.42-ssec.5) The Minister may make the declaration on the Minister’s own initiative or at the request of a local government.\n- (a) the project is to be undertaken in a part of the State that has been directly or indirectly affected by a disaster; and\n- (b) the declaration is necessary to facilitate— (i) the protection, rebuilding and recovery of an affected community; or (ii) mitigating against potential disasters for an affected community; or (iii) improving the resilience of an affected community for potential disasters through, for example, the betterment of the community.\n- (i) the protection, rebuilding and recovery of an affected community; or\n- (ii) mitigating against potential disasters for an affected community; or\n- (iii) improving the resilience of an affected community for potential disasters through, for example, the betterment of the community.\n- (i) the protection, rebuilding and recovery of an affected community; or\n- (ii) mitigating against potential disasters for an affected community; or\n- (iii) improving the resilience of an affected community for potential disasters through, for example, the betterment of the community.","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":"Declaration of reconstruction area","content":"### sec.43 Declaration of reconstruction area\n\nA regulation (a declaration regulation ) may declare a part of the State to be a reconstruction area.\nHowever, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied—\nthe part of the State has been directly or indirectly affected by a disaster; and\nthe declaration is necessary to facilitate a matter mentioned in section 42 (1) (b) .\nBefore recommending to the Governor in Council the making of a declaration regulation, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government’s area.\nA declaration regulation for a reconstruction area may declare that land in a part of the area is land ( acquisition land ) that is subject to section 100 .\nUnder section 100 , the owner may not dispose of acquisition land other than to the authority or a local government, and the authority or local government may be required to acquire acquisition land.\nHowever, the Minister must not recommend to the Governor in Council the making of a declaration regulation for a reconstruction area that includes acquisition land unless the Minister is satisfied the declaration of the acquisition land is necessary for the carrying out of a reconstruction function of the authority.\nIf a declaration regulation declares land to be acquisition land, the declaration regulation must—\ndescribe the acquisition land; and\na lot on plan description\nif the authority may be required to acquire the land under section 100 —state that fact; and\nif a local government may be required to acquire the land under section 100 —state that fact and the name of the local government.\nThe declaration regulation must not state a local government for subsection (6) (c) without the agreement of the local government.\nThe Minister may recommend to the Governor in Council the making of a declaration regulation on the Minister’s own initiative or at the request of a local government.\ns 43 amd 2019 No. 11 s 208\n(sec.43-ssec.1) A regulation (a declaration regulation ) may declare a part of the State to be a reconstruction area.\n(sec.43-ssec.2) However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied— the part of the State has been directly or indirectly affected by a disaster; and the declaration is necessary to facilitate a matter mentioned in section 42 (1) (b) .\n(sec.43-ssec.3) Before recommending to the Governor in Council the making of a declaration regulation, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government’s area.\n(sec.43-ssec.4) A declaration regulation for a reconstruction area may declare that land in a part of the area is land ( acquisition land ) that is subject to section 100 . Under section 100 , the owner may not dispose of acquisition land other than to the authority or a local government, and the authority or local government may be required to acquire acquisition land.\n(sec.43-ssec.5) However, the Minister must not recommend to the Governor in Council the making of a declaration regulation for a reconstruction area that includes acquisition land unless the Minister is satisfied the declaration of the acquisition land is necessary for the carrying out of a reconstruction function of the authority.\n(sec.43-ssec.6) If a declaration regulation declares land to be acquisition land, the declaration regulation must— describe the acquisition land; and a lot on plan description if the authority may be required to acquire the land under section 100 —state that fact; and if a local government may be required to acquire the land under section 100 —state that fact and the name of the local government.\n(sec.43-ssec.7) The declaration regulation must not state a local government for subsection (6) (c) without the agreement of the local government.\n(sec.43-ssec.8) The Minister may recommend to the Governor in Council the making of a declaration regulation on the Minister’s own initiative or at the request of a local government.\n- (a) the part of the State has been directly or indirectly affected by a disaster; and\n- (b) the declaration is necessary to facilitate a matter mentioned in section 42 (1) (b) .\n- (a) describe the acquisition land; and Example of a description of land— a lot on plan description\n- (b) if the authority may be required to acquire the land under section 100 —state that fact; and\n- (c) if a local government may be required to acquire the land under section 100 —state that fact and the name of the local government.","sortOrder":59},{"sectionNumber":"sec.44","sectionType":"section","heading":"Notice about declaration of acquisition land","content":"### sec.44 Notice about declaration of acquisition land\n\nAs soon as practicable after land is declared to be acquisition land, the authority must—\ngive each owner of the land a notice that—\nstates the land is subject to section 100 ; and\nstates the entity that, under the section, may be required to acquire the land; and\nincludes information about how the section affects the owner’s dealing with the land; and\ngive the registrar of titles notice of the declaration.\nA notice given under subsection (1) must include particulars of the land subject to the declaration.\nThe registrar of titles must keep records that show the land is subject to the declaration.\nThe registrar of titles must keep the records in a way that a search of the freehold land register will show the land is subject to the declaration.\n(sec.44-ssec.1) As soon as practicable after land is declared to be acquisition land, the authority must— give each owner of the land a notice that— states the land is subject to section 100 ; and states the entity that, under the section, may be required to acquire the land; and includes information about how the section affects the owner’s dealing with the land; and give the registrar of titles notice of the declaration.\n(sec.44-ssec.2) A notice given under subsection (1) must include particulars of the land subject to the declaration.\n(sec.44-ssec.3) The registrar of titles must keep records that show the land is subject to the declaration.\n(sec.44-ssec.4) The registrar of titles must keep the records in a way that a search of the freehold land register will show the land is subject to the declaration.\n- (a) give each owner of the land a notice that— (i) states the land is subject to section 100 ; and (ii) states the entity that, under the section, may be required to acquire the land; and (iii) includes information about how the section affects the owner’s dealing with the land; and\n- (i) states the land is subject to section 100 ; and\n- (ii) states the entity that, under the section, may be required to acquire the land; and\n- (iii) includes information about how the section affects the owner’s dealing with the land; and\n- (b) give the registrar of titles notice of the declaration.\n- (i) states the land is subject to section 100 ; and\n- (ii) states the entity that, under the section, may be required to acquire the land; and\n- (iii) includes information about how the section affects the owner’s dealing with the land; and","sortOrder":60},{"sectionNumber":"sec.45","sectionType":"section","heading":"Declaration of critical infrastructure project","content":"### sec.45 Declaration of critical infrastructure project\n\nThis section applies if the Minister considers the undertaking of a declared project, or particular development in a reconstruction area, is critical or essential for the State for economic, environmental or social reasons.\nThe Minister may, by gazette notice, declare the project or development to be a critical infrastructure project.\nFor the application of the Judicial Review Act 1991 to a decision about declaring a critical infrastructure project, see section 61 .\n(sec.45-ssec.1) This section applies if the Minister considers the undertaking of a declared project, or particular development in a reconstruction area, is critical or essential for the State for economic, environmental or social reasons.\n(sec.45-ssec.2) The Minister may, by gazette notice, declare the project or development to be a critical infrastructure project. For the application of the Judicial Review Act 1991 to a decision about declaring a critical infrastructure project, see section 61 .","sortOrder":61},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Relationship with particular Acts about local government","content":"## Relationship with particular Acts about local government","sortOrder":62},{"sectionNumber":"sec.46","sectionType":"section","heading":"Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009","content":"### sec.46 Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009\n\nThe declaration of a declared project or an area as a reconstruction area does not affect—\nthe operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to land the subject of the declared project or land in the reconstruction area; or\nthe area of the relevant local government; or\nthe jurisdiction, under the Acts , of the relevant local government.\nHowever, the performance of the relevant local government’s functions or the exercise of its powers under the Acts in relation to land the subject of the declared project or land in the reconstruction area is subject to the authority’s functions or powers under this Act.\n(sec.46-ssec.1) The declaration of a declared project or an area as a reconstruction area does not affect— the operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to land the subject of the declared project or land in the reconstruction area; or the area of the relevant local government; or the jurisdiction, under the Acts , of the relevant local government.\n(sec.46-ssec.2) However, the performance of the relevant local government’s functions or the exercise of its powers under the Acts in relation to land the subject of the declared project or land in the reconstruction area is subject to the authority’s functions or powers under this Act.\n- (a) the operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to land the subject of the declared project or land in the reconstruction area; or\n- (b) the area of the relevant local government; or\n- (c) the jurisdiction, under the Acts , of the relevant local government.","sortOrder":63},{"sectionNumber":"pt.5","sectionType":"part","heading":"Particular powers for declared projects and development in reconstruction areas","content":"# Particular powers for declared projects and development in reconstruction areas","sortOrder":64},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":65},{"sectionNumber":"sec.47","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.47 Definitions for pt 5\n\nIn this part—\napplicant , for a prescribed decision or prescribed process, means the person seeking the decision or undertaking of the process under the relevant law for the decision or process.\ncritical infrastructure project means a declared project or development in a reconstruction area the Minister declares, under section 45 , to be a critical infrastructure project.\ndecision-maker —\nfor a prescribed decision, means the entity that may make the decision under the relevant law for the decision; and\nan assessment manager\nfor a prescribed process, means the entity responsible for undertaking the process under the relevant law for the process.\na referral agency\ns 47 def decision-maker amd 2016 No. 27 s 398 (1)\ndeclaration , for a declared project, means the declaration for the project made by the Minister under section 42 .\nnotice to decide see section 50 (1) .\nprescribed decision —\nA prescribed decision means a decision, in relation to a declared project or development in a reconstruction area, required to be made under a law of the State, including, for example, a decision about the construction, undertaking, carrying out, establishment, maintenance or operation of a declared project or development in a reconstruction area.\nHowever, a prescribed decision does not include a decision required to be made by the Governor in Council or a Minister.\na decision of an assessment manager on an application for a development approval\nprescribed process means a process, in relation to a declared project or development in a reconstruction area, required to be undertaken under a law of the State, including, for example, a process under the development assessment process under the Planning Act .\ns 47 def prescribed process amd 2016 No. 27 s 398 (2) – (3)\nprogression notice see section 49 (1) .\nrelevant law , for a prescribed decision or prescribed process, means the law, other than this Act, under which the decision may be made or the process undertaken.\nstep-in notice see section 51 (1) .\n- (a) for a prescribed decision, means the entity that may make the decision under the relevant law for the decision; and Example of a decision-maker for paragraph (a) — an assessment manager\n- (b) for a prescribed process, means the entity responsible for undertaking the process under the relevant law for the process. Example of a decision-maker for paragraph (b) — a referral agency\n- 1 A prescribed decision means a decision, in relation to a declared project or development in a reconstruction area, required to be made under a law of the State, including, for example, a decision about the construction, undertaking, carrying out, establishment, maintenance or operation of a declared project or development in a reconstruction area.\n- 2 However, a prescribed decision does not include a decision required to be made by the Governor in Council or a Minister.","sortOrder":66},{"sectionNumber":"sec.48","sectionType":"section","heading":"Application of laws","content":"### sec.48 Application of laws\n\nThis part applies despite any other law.","sortOrder":67},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Notices about declared projects and development in reconstruction areas","content":"## Notices about declared projects and development in reconstruction areas","sortOrder":68},{"sectionNumber":"sec.49","sectionType":"section","heading":"Progression notice","content":"### sec.49 Progression notice\n\nThe authority may, by notice (a progression notice ) given to the decision-maker for a prescribed process, require the decision-maker to undertake, within the period stated in the notice, administrative processes required to complete the process.\nThe progression notice must—\nidentify the process; and\nstate the decision-maker must—\nundertake the process within the stated period; and\ninform the authority of the completion of the process within 5 business days after it is completed.\nOn receiving the progression notice, the decision-maker must—\nsubject to subsection (5) , undertake the prescribed process within the period stated in the notice for that purpose; and\ninform the authority of the completion of the process within 5 business days after it is completed.\nThe authority may, by notice given to the decision-maker and without the decision-maker’s agreement, extend the period for undertaking the prescribed process.\nIf the authority extends the period for undertaking the prescribed process under subsection (4) , the decision-maker must undertake the process within the extended period.\nBefore giving a progression notice for a prescribed process, the authority must have regard to the requirements, if any, under the relevant law for undertaking the process.\nSubject to this section, the relevant law for the prescribed process continues to apply to the undertaking of the process.\ns 49 amd 2016 No. 27 s 399\n(sec.49-ssec.1) The authority may, by notice (a progression notice ) given to the decision-maker for a prescribed process, require the decision-maker to undertake, within the period stated in the notice, administrative processes required to complete the process.\n(sec.49-ssec.2) The progression notice must— identify the process; and state the decision-maker must— undertake the process within the stated period; and inform the authority of the completion of the process within 5 business days after it is completed.\n(sec.49-ssec.3) On receiving the progression notice, the decision-maker must— subject to subsection (5) , undertake the prescribed process within the period stated in the notice for that purpose; and inform the authority of the completion of the process within 5 business days after it is completed.\n(sec.49-ssec.4) The authority may, by notice given to the decision-maker and without the decision-maker’s agreement, extend the period for undertaking the prescribed process.\n(sec.49-ssec.5) If the authority extends the period for undertaking the prescribed process under subsection (4) , the decision-maker must undertake the process within the extended period.\n(sec.49-ssec.6) Before giving a progression notice for a prescribed process, the authority must have regard to the requirements, if any, under the relevant law for undertaking the process.\n(sec.49-ssec.7) Subject to this section, the relevant law for the prescribed process continues to apply to the undertaking of the process.\n- (a) identify the process; and\n- (b) state the decision-maker must— (i) undertake the process within the stated period; and (ii) inform the authority of the completion of the process within 5 business days after it is completed.\n- (i) undertake the process within the stated period; and\n- (ii) inform the authority of the completion of the process within 5 business days after it is completed.\n- (i) undertake the process within the stated period; and\n- (ii) inform the authority of the completion of the process within 5 business days after it is completed.\n- (a) subject to subsection (5) , undertake the prescribed process within the period stated in the notice for that purpose; and\n- (b) inform the authority of the completion of the process within 5 business days after it is completed.","sortOrder":69},{"sectionNumber":"sec.50","sectionType":"section","heading":"Notice to decide","content":"### sec.50 Notice to decide\n\nThe authority may, by notice (a notice to decide ) given to the decision-maker for a prescribed decision, require the decision-maker to make the decision within the period stated in the notice.\nThe stated period must be at least—\n20 business days after the notice is given; or\nif, under the relevant law for the prescribed decision, the decision-maker would, other than for this section, be required to make the decision within a period that is less than the period mentioned in paragraph (a) —the lesser period.\nThe notice to decide must—\nidentify the decision; and\nstate the decision-maker must—\nmake the decision within the stated period; and\ninform the authority of the decision within 5 business days after it is made.\nOn receiving the notice to decide, the decision-maker must—\nsubject to subsection (6) , make the prescribed decision within the period stated in the notice for that purpose; and\ninform the authority of the decision within 5 business days after it is made.\nThe authority may, by notice given to the decision-maker and without the decision-maker’s agreement, extend the period for making the prescribed decision.\nIf the authority extends the period for making the prescribed decision under subsection (5) , the decision-maker must make the decision within the extended period.\nIf the prescribed decision relates to an application for a development approval, or a change application other than a minor change application, the notice to decide may be given to the decision-maker only after the decision-making period for the application starts.\nBefore giving a notice to decide for a prescribed decision, other than a decision mentioned in subsection (7) , the authority must have regard to the requirements, if any, under the relevant law for the decision about public notification of information or other matters in relation to the decision.\nSubject to this section, the relevant law for the prescribed decision continues to apply to the making of the decision.\nIn this section—\ndecision-making period means—\nfor an application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or\nfor a change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application.\ns 50 amd 2016 No. 27 s 400\n(sec.50-ssec.1) The authority may, by notice (a notice to decide ) given to the decision-maker for a prescribed decision, require the decision-maker to make the decision within the period stated in the notice.\n(sec.50-ssec.2) The stated period must be at least— 20 business days after the notice is given; or if, under the relevant law for the prescribed decision, the decision-maker would, other than for this section, be required to make the decision within a period that is less than the period mentioned in paragraph (a) —the lesser period.\n(sec.50-ssec.3) The notice to decide must— identify the decision; and state the decision-maker must— make the decision within the stated period; and inform the authority of the decision within 5 business days after it is made.\n(sec.50-ssec.4) On receiving the notice to decide, the decision-maker must— subject to subsection (6) , make the prescribed decision within the period stated in the notice for that purpose; and inform the authority of the decision within 5 business days after it is made.\n(sec.50-ssec.5) The authority may, by notice given to the decision-maker and without the decision-maker’s agreement, extend the period for making the prescribed decision.\n(sec.50-ssec.6) If the authority extends the period for making the prescribed decision under subsection (5) , the decision-maker must make the decision within the extended period.\n(sec.50-ssec.7) If the prescribed decision relates to an application for a development approval, or a change application other than a minor change application, the notice to decide may be given to the decision-maker only after the decision-making period for the application starts.\n(sec.50-ssec.8) Before giving a notice to decide for a prescribed decision, other than a decision mentioned in subsection (7) , the authority must have regard to the requirements, if any, under the relevant law for the decision about public notification of information or other matters in relation to the decision.\n(sec.50-ssec.9) Subject to this section, the relevant law for the prescribed decision continues to apply to the making of the decision.\n(sec.50-ssec.10) In this section— decision-making period means— for an application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or for a change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application.\n- (a) 20 business days after the notice is given; or\n- (b) if, under the relevant law for the prescribed decision, the decision-maker would, other than for this section, be required to make the decision within a period that is less than the period mentioned in paragraph (a) —the lesser period.\n- (a) identify the decision; and\n- (b) state the decision-maker must— (i) make the decision within the stated period; and (ii) inform the authority of the decision within 5 business days after it is made.\n- (i) make the decision within the stated period; and\n- (ii) inform the authority of the decision within 5 business days after it is made.\n- (i) make the decision within the stated period; and\n- (ii) inform the authority of the decision within 5 business days after it is made.\n- (a) subject to subsection (6) , make the prescribed decision within the period stated in the notice for that purpose; and\n- (b) inform the authority of the decision within 5 business days after it is made.\n- (a) for an application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or\n- (b) for a change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application.","sortOrder":70},{"sectionNumber":"sec.51","sectionType":"section","heading":"Step-in notice","content":"### sec.51 Step-in notice\n\nThe authority may, with the approval of the Minister, give the decision-maker and applicant for a prescribed decision or a prescribed process a notice (a step-in notice ) advising the decision-maker and applicant that the authority is to make an assessment and a decision about the prescribed decision or process under this subdivision.\nBefore deciding to approve the giving of a step-in notice, the Minister must be satisfied the giving of the notice is necessary to facilitate a matter mentioned in section 42 (1) (b) .\nThe step-in notice must—\nidentify the decision or process; and\nstate that the authority is the decision-maker for the prescribed decision or process from the time the notice is given until the authority makes a decision, under section 55 , about the prescribed decision or process.\ns 51 amd 2019 No. 11 s 209\n(sec.51-ssec.1) The authority may, with the approval of the Minister, give the decision-maker and applicant for a prescribed decision or a prescribed process a notice (a step-in notice ) advising the decision-maker and applicant that the authority is to make an assessment and a decision about the prescribed decision or process under this subdivision.\n(sec.51-ssec.2) Before deciding to approve the giving of a step-in notice, the Minister must be satisfied the giving of the notice is necessary to facilitate a matter mentioned in section 42 (1) (b) .\n(sec.51-ssec.3) The step-in notice must— identify the decision or process; and state that the authority is the decision-maker for the prescribed decision or process from the time the notice is given until the authority makes a decision, under section 55 , about the prescribed decision or process.\n- (a) identify the decision or process; and\n- (b) state that the authority is the decision-maker for the prescribed decision or process from the time the notice is given until the authority makes a decision, under section 55 , about the prescribed decision or process.","sortOrder":71},{"sectionNumber":"sec.52","sectionType":"section","heading":"When step-in notice may be given","content":"### sec.52 When step-in notice may be given\n\nThe authority may give a step-in notice for a prescribed decision or a prescribed process only after a progression notice or notice to decide has been given for the decision or process.\nIf a progression notice or notice to decide has been given for a prescribed decision or process, the step-in notice may be given—\nat any time after the authority is satisfied the decision-maker has not complied with the progression notice or notice to decide, but before the decision-maker has undertaken the process or made the decision; or\nif the decision-maker has complied with the progression notice or notice to decide—only if the applicant, by notice given to the authority within 10 business days after the applicant is notified of the decision, asks the authority to give a step-in notice for the decision.\nDespite subsection (1) , a step-in notice also may be given for a prescribed decision at any time after the decision is made until 10 business days after—\nif an appeal against the decision has been started under the relevant law for the decision—the start of the appeal; or\notherwise—the expiry of the period, under the relevant law for the decision, for starting an appeal against the decision.\nFor subsection (2) (b) , the step-in notice must be given to the decision-maker within a reasonable period after the authority receives the request.\nIn this section—\nappeal includes review.\n(sec.52-ssec.1) The authority may give a step-in notice for a prescribed decision or a prescribed process only after a progression notice or notice to decide has been given for the decision or process.\n(sec.52-ssec.2) If a progression notice or notice to decide has been given for a prescribed decision or process, the step-in notice may be given— at any time after the authority is satisfied the decision-maker has not complied with the progression notice or notice to decide, but before the decision-maker has undertaken the process or made the decision; or if the decision-maker has complied with the progression notice or notice to decide—only if the applicant, by notice given to the authority within 10 business days after the applicant is notified of the decision, asks the authority to give a step-in notice for the decision.\n(sec.52-ssec.3) Despite subsection (1) , a step-in notice also may be given for a prescribed decision at any time after the decision is made until 10 business days after— if an appeal against the decision has been started under the relevant law for the decision—the start of the appeal; or otherwise—the expiry of the period, under the relevant law for the decision, for starting an appeal against the decision.\n(sec.52-ssec.4) For subsection (2) (b) , the step-in notice must be given to the decision-maker within a reasonable period after the authority receives the request.\n(sec.52-ssec.5) In this section— appeal includes review.\n- (a) at any time after the authority is satisfied the decision-maker has not complied with the progression notice or notice to decide, but before the decision-maker has undertaken the process or made the decision; or\n- (b) if the decision-maker has complied with the progression notice or notice to decide—only if the applicant, by notice given to the authority within 10 business days after the applicant is notified of the decision, asks the authority to give a step-in notice for the decision.\n- (a) if an appeal against the decision has been started under the relevant law for the decision—the start of the appeal; or\n- (b) otherwise—the expiry of the period, under the relevant law for the decision, for starting an appeal against the decision.","sortOrder":72},{"sectionNumber":"sec.53","sectionType":"section","heading":"Providing assistance or recommendations","content":"### sec.53 Providing assistance or recommendations\n\nThe decision-maker for the prescribed decision or prescribed process must give the authority all reasonable assistance or materials it requires to act under this subdivision, including—\nall material about the prescribed decision or process the decision-maker had before the step-in notice was given; and\nany material received about the prescribed decision or process by the decision-maker after the step-in notice was given.\nWithout limiting subsection (1) , the authority may, by notice, require the decision-maker to give the authority within the reasonable period stated in the notice a written report containing—\nan assessment of matters, stated in the notice, relevant to the prescribed decision or process; or\nrecommendations about the assessment mentioned in paragraph (a) , including, for example, recommendations about proposed conditions relevant to the prescribed decision or process.\nSubsection (4) applies if, other than for the giving of the step-in notice, under the relevant law for the prescribed decision a local government could have imposed a condition, in relation to the decision, about infrastructure.\nThe local government may, before the authority makes a decision under section 55 about the prescribed decision, give the authority a written recommendation to impose the condition.\ns 53 amd 2016 No. 27 s 401\n(sec.53-ssec.1) The decision-maker for the prescribed decision or prescribed process must give the authority all reasonable assistance or materials it requires to act under this subdivision, including— all material about the prescribed decision or process the decision-maker had before the step-in notice was given; and any material received about the prescribed decision or process by the decision-maker after the step-in notice was given.\n(sec.53-ssec.2) Without limiting subsection (1) , the authority may, by notice, require the decision-maker to give the authority within the reasonable period stated in the notice a written report containing— an assessment of matters, stated in the notice, relevant to the prescribed decision or process; or recommendations about the assessment mentioned in paragraph (a) , including, for example, recommendations about proposed conditions relevant to the prescribed decision or process.\n(sec.53-ssec.3) Subsection (4) applies if, other than for the giving of the step-in notice, under the relevant law for the prescribed decision a local government could have imposed a condition, in relation to the decision, about infrastructure.\n(sec.53-ssec.4) The local government may, before the authority makes a decision under section 55 about the prescribed decision, give the authority a written recommendation to impose the condition.\n- (a) all material about the prescribed decision or process the decision-maker had before the step-in notice was given; and\n- (b) any material received about the prescribed decision or process by the decision-maker after the step-in notice was given.\n- (a) an assessment of matters, stated in the notice, relevant to the prescribed decision or process; or\n- (b) recommendations about the assessment mentioned in paragraph (a) , including, for example, recommendations about proposed conditions relevant to the prescribed decision or process.","sortOrder":73},{"sectionNumber":"sec.54","sectionType":"section","heading":"Effects of step-in notice","content":"### sec.54 Effects of step-in notice\n\nIf the authority gives a step-in notice for a prescribed decision or prescribed process—\nthe authority is the decision-maker under the relevant law for the prescribed decision or process from the time the step-in notice is given until the authority makes a decision under section 55 about the prescribed decision or process; and\nfor making the decision, the authority has all the powers of the decision-maker under the relevant law for the prescribed decision or process; and\nfor making the decision, the authority must consider the following—\nthe criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law;\nthe main purpose of this Act; and\nif the prescribed decision or process relates to an application for a development approval or a change application, other than a minor change application—\nthe assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and\nthe functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and\nif an appeal was made or was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal is of no further effect; and\ndespite paragraph (a) , the authority’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the authority under this Act.\nIn this section—\nappeal includes review.\ns 54 amd 2016 No. 27 s 402\n(sec.54-ssec.1) If the authority gives a step-in notice for a prescribed decision or prescribed process— the authority is the decision-maker under the relevant law for the prescribed decision or process from the time the step-in notice is given until the authority makes a decision under section 55 about the prescribed decision or process; and for making the decision, the authority has all the powers of the decision-maker under the relevant law for the prescribed decision or process; and for making the decision, the authority must consider the following— the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law; the main purpose of this Act; and if the prescribed decision or process relates to an application for a development approval or a change application, other than a minor change application— the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and if an appeal was made or was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal is of no further effect; and despite paragraph (a) , the authority’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the authority under this Act.\n(sec.54-ssec.2) In this section— appeal includes review.\n- (a) the authority is the decision-maker under the relevant law for the prescribed decision or process from the time the step-in notice is given until the authority makes a decision under section 55 about the prescribed decision or process; and\n- (b) for making the decision, the authority has all the powers of the decision-maker under the relevant law for the prescribed decision or process; and\n- (c) for making the decision, the authority must consider the following— (i) the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law; (ii) the main purpose of this Act; and\n- (i) the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law;\n- (ii) the main purpose of this Act; and\n- (d) if the prescribed decision or process relates to an application for a development approval or a change application, other than a minor change application— (i) the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and (ii) the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and\n- (i) the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and\n- (ii) the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and\n- (e) if an appeal was made or was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal is of no further effect; and\n- (f) despite paragraph (a) , the authority’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the authority under this Act.\n- (i) the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law;\n- (ii) the main purpose of this Act; and\n- (i) the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and\n- (ii) the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and","sortOrder":74},{"sectionNumber":"sec.55","sectionType":"section","heading":"Authority’s decision","content":"### sec.55 Authority’s decision\n\nAfter making an assessment about the prescribed decision or prescribed process, the authority may—\nif the decision has not been made or the process has not been undertaken by the decision-maker—\nmake the decision or undertake the process; or\nsend back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or\ndecide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or\notherwise—\nconfirm or amend the decision; or\ncancel the decision and substitute a new decision.\nIn acting under subsection (1) , the authority may, for the prescribed decision, impose conditions it considers necessary or desirable having regard to—\nthe nature of the declared project, or development in the reconstruction area, to which the decision relates; and\nthe matters mentioned in section 54 (1) (c) the authority considered for the decision.\nIf the authority receives a recommendation under section 53 (4) to impose a condition in relation to the prescribed decision, the authority must impose the condition unless the Minister directs otherwise.\nFor a condition imposed under this section, the authority may nominate an entity that is to have jurisdiction, under the relevant law for the prescribed decision, for the condition.\nAn entity may be nominated for 1 or more of the conditions.\nIf the authority nominates an entity under subsection (4) , the authority must give each of the following notice of the nomination—\nthe entity;\nthe decision-maker and the applicant for the prescribed decision.\nSubject to this subdivision, the relevant law for the prescribed decision or process applies to the making of the authority’s decision under this section.\ns 55 amd 2016 No. 27 s 403\n(sec.55-ssec.1) After making an assessment about the prescribed decision or prescribed process, the authority may— if the decision has not been made or the process has not been undertaken by the decision-maker— make the decision or undertake the process; or send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or otherwise— confirm or amend the decision; or cancel the decision and substitute a new decision.\n(sec.55-ssec.2) In acting under subsection (1) , the authority may, for the prescribed decision, impose conditions it considers necessary or desirable having regard to— the nature of the declared project, or development in the reconstruction area, to which the decision relates; and the matters mentioned in section 54 (1) (c) the authority considered for the decision.\n(sec.55-ssec.3) If the authority receives a recommendation under section 53 (4) to impose a condition in relation to the prescribed decision, the authority must impose the condition unless the Minister directs otherwise.\n(sec.55-ssec.4) For a condition imposed under this section, the authority may nominate an entity that is to have jurisdiction, under the relevant law for the prescribed decision, for the condition.\n(sec.55-ssec.5) An entity may be nominated for 1 or more of the conditions.\n(sec.55-ssec.6) If the authority nominates an entity under subsection (4) , the authority must give each of the following notice of the nomination— the entity; the decision-maker and the applicant for the prescribed decision.\n(sec.55-ssec.7) Subject to this subdivision, the relevant law for the prescribed decision or process applies to the making of the authority’s decision under this section.\n- (a) if the decision has not been made or the process has not been undertaken by the decision-maker— (i) make the decision or undertake the process; or (ii) send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or (iii) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or\n- (i) make the decision or undertake the process; or\n- (ii) send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or\n- (iii) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or\n- (b) otherwise— (i) confirm or amend the decision; or (ii) cancel the decision and substitute a new decision.\n- (i) confirm or amend the decision; or\n- (ii) cancel the decision and substitute a new decision.\n- (i) make the decision or undertake the process; or\n- (ii) send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or\n- (iii) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or\n- (i) confirm or amend the decision; or\n- (ii) cancel the decision and substitute a new decision.\n- (a) the nature of the declared project, or development in the reconstruction area, to which the decision relates; and\n- (b) the matters mentioned in section 54 (1) (c) the authority considered for the decision.\n- (a) the entity;\n- (b) the decision-maker and the applicant for the prescribed decision.","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Effects of decision","content":"### sec.56 Effects of decision\n\nThe authority’s decision under section 55 about the prescribed decision or prescribed process, including a decision to impose a condition—\nis taken to be a decision of the decision-maker (the original decision-maker ) under the relevant law for the prescribed decision or process but a person may not appeal against the authority’s decision under this Act or the relevant law; and\ntakes effect when the applicant for the prescribed decision or process and the original decision-maker are given notice under section 57 (1) of the authority’s decision.\nA condition imposed by the original decision-maker in relation to the prescribed decision is of no effect to the extent it is inconsistent with a condition imposed by the authority.\nIf the original decision-maker makes another prescribed decision for the declared project, or development in the reconstruction area, to which the step-in notice relates, the other prescribed decision must not be inconsistent with the authority’s decision.\ns 56 amd 2016 No. 27 s 404\n(sec.56-ssec.1) The authority’s decision under section 55 about the prescribed decision or prescribed process, including a decision to impose a condition— is taken to be a decision of the decision-maker (the original decision-maker ) under the relevant law for the prescribed decision or process but a person may not appeal against the authority’s decision under this Act or the relevant law; and takes effect when the applicant for the prescribed decision or process and the original decision-maker are given notice under section 57 (1) of the authority’s decision.\n(sec.56-ssec.2) A condition imposed by the original decision-maker in relation to the prescribed decision is of no effect to the extent it is inconsistent with a condition imposed by the authority.\n(sec.56-ssec.3) If the original decision-maker makes another prescribed decision for the declared project, or development in the reconstruction area, to which the step-in notice relates, the other prescribed decision must not be inconsistent with the authority’s decision.\n- (a) is taken to be a decision of the decision-maker (the original decision-maker ) under the relevant law for the prescribed decision or process but a person may not appeal against the authority’s decision under this Act or the relevant law; and\n- (b) takes effect when the applicant for the prescribed decision or process and the original decision-maker are given notice under section 57 (1) of the authority’s decision.","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Notice of decision","content":"### sec.57 Notice of decision\n\nThe authority must give notice of its decision under section 55 about the prescribed decision or prescribed process to—\nthe applicant and decision-maker for the prescribed decision or process; and\neach entity nominated by the authority to have jurisdiction for a condition in relation to the prescribed decision or process.\nThe authority must also give notice of its decision under section 55 about the prescribed decision to the local government for the land to which the prescribed decision relates if—\nthe prescribed decision is a decision on an application for a development approval or a change application; and\nthe local government is not the decision-maker for the prescribed decision.\nA notice under this section must include—\nthe reasons for the authority’s decision; and\nthe conditions, if any, imposed under section 55 (2) in relation to the decision.\ns 57 amd 2016 No. 27 s 405\n(sec.57-ssec.1) The authority must give notice of its decision under section 55 about the prescribed decision or prescribed process to— the applicant and decision-maker for the prescribed decision or process; and each entity nominated by the authority to have jurisdiction for a condition in relation to the prescribed decision or process.\n(sec.57-ssec.2) The authority must also give notice of its decision under section 55 about the prescribed decision to the local government for the land to which the prescribed decision relates if— the prescribed decision is a decision on an application for a development approval or a change application; and the local government is not the decision-maker for the prescribed decision.\n(sec.57-ssec.3) A notice under this section must include— the reasons for the authority’s decision; and the conditions, if any, imposed under section 55 (2) in relation to the decision.\n- (a) the applicant and decision-maker for the prescribed decision or process; and\n- (b) each entity nominated by the authority to have jurisdiction for a condition in relation to the prescribed decision or process.\n- (a) the prescribed decision is a decision on an application for a development approval or a change application; and\n- (b) the local government is not the decision-maker for the prescribed decision.\n- (a) the reasons for the authority’s decision; and\n- (b) the conditions, if any, imposed under section 55 (2) in relation to the decision.","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Report about decision","content":"### sec.58 Report about decision\n\nThe authority must prepare a report about each step-in notice given for a prescribed decision or prescribed process.\nThe authority must include the following in the report—\na copy of the step-in notice;\ndetails of each entity nominated, under section 55 (4) , to have jurisdiction for a condition in relation to the prescribed decision or process;\na copy of the notice, given under section 57 (1) , of the authority’s decision;\nother details about the authority’s decision required by the Minister.\nThe Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after notice is given under section 57 (1) of the authority’s decision.\ns 58 amd 2016 No. 27 s 406\n(sec.58-ssec.1) The authority must prepare a report about each step-in notice given for a prescribed decision or prescribed process.\n(sec.58-ssec.2) The authority must include the following in the report— a copy of the step-in notice; details of each entity nominated, under section 55 (4) , to have jurisdiction for a condition in relation to the prescribed decision or process; a copy of the notice, given under section 57 (1) , of the authority’s decision; other details about the authority’s decision required by the Minister.\n(sec.58-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after notice is given under section 57 (1) of the authority’s decision.\n- (a) a copy of the step-in notice;\n- (b) details of each entity nominated, under section 55 (4) , to have jurisdiction for a condition in relation to the prescribed decision or process;\n- (c) a copy of the notice, given under section 57 (1) , of the authority’s decision;\n- (d) other details about the authority’s decision required by the Minister.","sortOrder":78},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":79},{"sectionNumber":"sec.59","sectionType":"section","heading":"Recovering cost of advice or services","content":"### sec.59 Recovering cost of advice or services\n\nThis section applies if, in making an assessment under this part about a prescribed decision or prescribed process, the authority obtains from another entity advice or services the authority considers necessary to make the assessment.\nThe authority may recover from the applicant for the prescribed decision or process as a debt the reasonable cost of obtaining the advice or services.\n(sec.59-ssec.1) This section applies if, in making an assessment under this part about a prescribed decision or prescribed process, the authority obtains from another entity advice or services the authority considers necessary to make the assessment.\n(sec.59-ssec.2) The authority may recover from the applicant for the prescribed decision or process as a debt the reasonable cost of obtaining the advice or services.","sortOrder":80},{"sectionNumber":"sec.60","sectionType":"section","heading":"No requirement to consult on particular actions","content":"### sec.60 No requirement to consult on particular actions\n\nThe authority is not required to consult with anyone before giving a progression notice or notice to decide under this part.","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":"Application of Judicial Review Act 1991","content":"### sec.61 Application of Judicial Review Act 1991\n\nThe Judicial Review Act 1991 , parts 3 and 5 , other than section 41 (1) , do not apply to—\na decision of the Minister to declare—\na declared project or development in a reconstruction area to be a critical infrastructure project; or\na declared project if the project is a critical infrastructure project; or\na decision of the authority to give a progression notice, notice to decide or a step-in notice for a critical infrastructure project; or\nthe authority’s decision under section 55 about a prescribed decision or prescribed process for a critical infrastructure project; or\na decision or conduct leading up to or forming part of the process of making a decision mentioned in paragraph (a) , (b) or (c) .\nThe Judicial Review Act 1991 , part 3 deals with statutory orders of review, and part 5 deals with prerogative orders and injunctions.\n- (a) a decision of the Minister to declare— (i) a declared project or development in a reconstruction area to be a critical infrastructure project; or (ii) a declared project if the project is a critical infrastructure project; or\n- (i) a declared project or development in a reconstruction area to be a critical infrastructure project; or\n- (ii) a declared project if the project is a critical infrastructure project; or\n- (b) a decision of the authority to give a progression notice, notice to decide or a step-in notice for a critical infrastructure project; or\n- (c) the authority’s decision under section 55 about a prescribed decision or prescribed process for a critical infrastructure project; or\n- (d) a decision or conduct leading up to or forming part of the process of making a decision mentioned in paragraph (a) , (b) or (c) .\n- (i) a declared project or development in a reconstruction area to be a critical infrastructure project; or\n- (ii) a declared project if the project is a critical infrastructure project; or","sortOrder":82},{"sectionNumber":"pt.6","sectionType":"part","heading":"Development schemes","content":"# Development schemes","sortOrder":83},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Making development schemes","content":"## Making development schemes","sortOrder":84},{"sectionNumber":"sec.62","sectionType":"section","heading":"Authority may make development scheme","content":"### sec.62 Authority may make development scheme\n\nSubject to the other provisions of this division, the authority may make a development scheme for a declared project, a reconstruction area or part of a reconstruction area.\nThe development scheme is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.\n(sec.62-ssec.1) Subject to the other provisions of this division, the authority may make a development scheme for a declared project, a reconstruction area or part of a reconstruction area.\n(sec.62-ssec.2) The development scheme is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.","sortOrder":85},{"sectionNumber":"sec.63","sectionType":"section","heading":"Content of development scheme","content":"### sec.63 Content of development scheme\n\nThe development scheme may provide for any matter that the authority considers will promote the proper and orderly planning, development and management of the declared project or reconstruction area.\nThe development scheme must include—\na land use plan regulating development for the project or in the area; and\na plan for infrastructure for the project or in the area; and\nan implementation strategy to achieve each reconstruction function of the authority for the project or in the area, to the extent it is not achieved by the land use plan or the plan for infrastructure.\nWithout limiting subsection (2) (a) , the land use plan may—\nprovide for any matter about which a planning instrument may provide; or\ncategorise development for the project or in the area to be accepted development, assessable development or prohibited development for the Planning Act ; or\nstate whether development categorised as assessable development by the plan requires code assessment or impact assessment under the Planning Act ; or\nstate assessment benchmarks for the Planning Act that assessable development under the plan must be assessed against; or\nstate whether particular development for the project or in the area is consistent or inconsistent with the plan.\nIn making the development scheme, the authority must consider, but is not bound by, a requirement under any of the following relevant to the project or area—\na planning instrument;\nassessment benchmarks prescribed by a regulation made under the Planning Act ;\nassessment benchmarks made under another Act for the Planning Act .\ns 63 amd 2016 No. 27 s 407 ; 2019 No. 11 s 210\n(sec.63-ssec.1) The development scheme may provide for any matter that the authority considers will promote the proper and orderly planning, development and management of the declared project or reconstruction area.\n(sec.63-ssec.2) The development scheme must include— a land use plan regulating development for the project or in the area; and a plan for infrastructure for the project or in the area; and an implementation strategy to achieve each reconstruction function of the authority for the project or in the area, to the extent it is not achieved by the land use plan or the plan for infrastructure.\n(sec.63-ssec.3) Without limiting subsection (2) (a) , the land use plan may— provide for any matter about which a planning instrument may provide; or categorise development for the project or in the area to be accepted development, assessable development or prohibited development for the Planning Act ; or state whether development categorised as assessable development by the plan requires code assessment or impact assessment under the Planning Act ; or state assessment benchmarks for the Planning Act that assessable development under the plan must be assessed against; or state whether particular development for the project or in the area is consistent or inconsistent with the plan.\n(sec.63-ssec.4) In making the development scheme, the authority must consider, but is not bound by, a requirement under any of the following relevant to the project or area— a planning instrument; assessment benchmarks prescribed by a regulation made under the Planning Act ; assessment benchmarks made under another Act for the Planning Act .\n- (a) a land use plan regulating development for the project or in the area; and\n- (b) a plan for infrastructure for the project or in the area; and\n- (c) an implementation strategy to achieve each reconstruction function of the authority for the project or in the area, to the extent it is not achieved by the land use plan or the plan for infrastructure.\n- (a) provide for any matter about which a planning instrument may provide; or\n- (b) categorise development for the project or in the area to be accepted development, assessable development or prohibited development for the Planning Act ; or\n- (c) state whether development categorised as assessable development by the plan requires code assessment or impact assessment under the Planning Act ; or\n- (d) state assessment benchmarks for the Planning Act that assessable development under the plan must be assessed against; or\n- (e) state whether particular development for the project or in the area is consistent or inconsistent with the plan.\n- (a) a planning instrument;\n- (b) assessment benchmarks prescribed by a regulation made under the Planning Act ;\n- (c) assessment benchmarks made under another Act for the Planning Act .","sortOrder":86},{"sectionNumber":"sec.64","sectionType":"section","heading":"Development scheme may make provision for particular assessable development","content":"### sec.64 Development scheme may make provision for particular assessable development\n\nA development scheme may provide that development categorised as assessable development under a regulation made under the Planning Act is not assessable development for a declared project or a part of a reconstruction area.\nIf a development scheme provides that development is not assessable development for the declared project or a part of a reconstruction area, the development is not assessable development under the Planning Act for the declared project or part.\nA development scheme may provide that an entity that, but for the development scheme, would be a referral agency for a development application or change application for the declared project or reconstruction area, is not a referral agency for the development application or change application.\nIf a development scheme provides that an entity is not a referral agency for a development application or change application, the entity is not a referral agency for the application under the Planning Act .\ns 64 amd 2016 No. 27 s 408\n(sec.64-ssec.1) A development scheme may provide that development categorised as assessable development under a regulation made under the Planning Act is not assessable development for a declared project or a part of a reconstruction area.\n(sec.64-ssec.2) If a development scheme provides that development is not assessable development for the declared project or a part of a reconstruction area, the development is not assessable development under the Planning Act for the declared project or part.\n(sec.64-ssec.3) A development scheme may provide that an entity that, but for the development scheme, would be a referral agency for a development application or change application for the declared project or reconstruction area, is not a referral agency for the development application or change application.\n(sec.64-ssec.4) If a development scheme provides that an entity is not a referral agency for a development application or change application, the entity is not a referral agency for the application under the Planning Act .","sortOrder":87},{"sectionNumber":"sec.65","sectionType":"section","heading":"Preparation of proposed development scheme","content":"### sec.65 Preparation of proposed development scheme\n\nBefore preparing a proposed development scheme, the authority must—\nconsult, in the way it considers appropriate, with the relevant local government; and\nmake reasonable endeavours to consult, in the way it considers appropriate, with any of the following the authority considers will be likely to be affected by a development scheme for the declared project or reconstruction area—\na government entity or GOC;\na person or other entity.\n- (a) consult, in the way it considers appropriate, with the relevant local government; and\n- (b) make reasonable endeavours to consult, in the way it considers appropriate, with any of the following the authority considers will be likely to be affected by a development scheme for the declared project or reconstruction area— (i) a government entity or GOC; (ii) a person or other entity.\n- (i) a government entity or GOC;\n- (ii) a person or other entity.\n- (i) a government entity or GOC;\n- (ii) a person or other entity.","sortOrder":88},{"sectionNumber":"sec.66","sectionType":"section","heading":"Public notification","content":"### sec.66 Public notification\n\nAfter preparing the proposed development scheme, the authority must—\npublish the proposed scheme on its website; and\nin a gazette notice—\nstate that the proposed scheme may be inspected on the authority’s website; and\ninvite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period ); and\npublish a notice to the same effect as the gazette notice at least once in a newspaper circulating in the area of the relevant local government.\nThe submission period must be at least 30 business days.\n(sec.66-ssec.1) After preparing the proposed development scheme, the authority must— publish the proposed scheme on its website; and in a gazette notice— state that the proposed scheme may be inspected on the authority’s website; and invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period ); and publish a notice to the same effect as the gazette notice at least once in a newspaper circulating in the area of the relevant local government.\n(sec.66-ssec.2) The submission period must be at least 30 business days.\n- (a) publish the proposed scheme on its website; and\n- (b) in a gazette notice— (i) state that the proposed scheme may be inspected on the authority’s website; and (ii) invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period ); and\n- (i) state that the proposed scheme may be inspected on the authority’s website; and\n- (ii) invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period ); and\n- (c) publish a notice to the same effect as the gazette notice at least once in a newspaper circulating in the area of the relevant local government.\n- (i) state that the proposed scheme may be inspected on the authority’s website; and\n- (ii) invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period ); and","sortOrder":89},{"sectionNumber":"sec.67","sectionType":"section","heading":"Submissions on proposed scheme","content":"### sec.67 Submissions on proposed scheme\n\nAnyone may make submissions about the proposed development scheme within the submission period.","sortOrder":90},{"sectionNumber":"sec.68","sectionType":"section","heading":"Consideration of submissions","content":"### sec.68 Consideration of submissions\n\nThe authority must consider any submissions received within the submission period.\nSubsection (1) does not prevent the authority from considering a submission made to it after the submission period has ended.\n(sec.68-ssec.1) The authority must consider any submissions received within the submission period.\n(sec.68-ssec.2) Subsection (1) does not prevent the authority from considering a submission made to it after the submission period has ended.","sortOrder":91},{"sectionNumber":"sec.69","sectionType":"section","heading":"Amendment of proposed scheme","content":"### sec.69 Amendment of proposed scheme\n\nAfter complying with section 68 , the authority may amend the proposed development scheme in any way it considers appropriate.\nIf the authority considers the amendment significantly changes the proposed scheme, it must re-comply with sections 66 and 68 for the amended scheme.\n(sec.69-ssec.1) After complying with section 68 , the authority may amend the proposed development scheme in any way it considers appropriate.\n(sec.69-ssec.2) If the authority considers the amendment significantly changes the proposed scheme, it must re-comply with sections 66 and 68 for the amended scheme.","sortOrder":92},{"sectionNumber":"sec.70","sectionType":"section","heading":"Initial making and submission of scheme","content":"### sec.70 Initial making and submission of scheme\n\nThe authority must, as soon as practicable after complying with sections 68 and 69 , make the development scheme (the submitted scheme ) and give it to the Minister.\nThe submitted scheme must be accompanied by a report that—\nsummarises the submissions considered by the authority; and\nis about—\nthe merits of the submissions; and\nto what extent the proposed development scheme was amended to reflect the submissions.\n(sec.70-ssec.1) The authority must, as soon as practicable after complying with sections 68 and 69 , make the development scheme (the submitted scheme ) and give it to the Minister.\n(sec.70-ssec.2) The submitted scheme must be accompanied by a report that— summarises the submissions considered by the authority; and is about— the merits of the submissions; and to what extent the proposed development scheme was amended to reflect the submissions.\n- (a) summarises the submissions considered by the authority; and\n- (b) is about— (i) the merits of the submissions; and (ii) to what extent the proposed development scheme was amended to reflect the submissions.\n- (i) the merits of the submissions; and\n- (ii) to what extent the proposed development scheme was amended to reflect the submissions.\n- (i) the merits of the submissions; and\n- (ii) to what extent the proposed development scheme was amended to reflect the submissions.","sortOrder":93},{"sectionNumber":"sec.71","sectionType":"section","heading":"Notice of submitted scheme","content":"### sec.71 Notice of submitted scheme\n\nThe authority must, as soon as practicable after giving the Minister the submitted scheme, give each person (a submitter ) who made a submission received within the submission period about the scheme a notice stating that—\nthe scheme has been made and submitted to the Minister; and\nthe authority’s report about the submitted scheme can be inspected on its website; and\nif the submitter is an affected owner for the relevant declared project or reconstruction area—the submitter may, within 20 business days after receiving the notice, ask the Minister to amend the submitted scheme to protect the owner’s interests.\n- (a) the scheme has been made and submitted to the Minister; and\n- (b) the authority’s report about the submitted scheme can be inspected on its website; and\n- (c) if the submitter is an affected owner for the relevant declared project or reconstruction area—the submitter may, within 20 business days after receiving the notice, ask the Minister to amend the submitted scheme to protect the owner’s interests.","sortOrder":94},{"sectionNumber":"sec.72","sectionType":"section","heading":"Ministerial power to amend submitted scheme at affected owner’s request","content":"### sec.72 Ministerial power to amend submitted scheme at affected owner’s request\n\nThe Minister may amend the submitted scheme in a way the Minister considers appropriate to protect an affected owner’s interests.\nHowever, the amendment may be made only if—\nthe affected owner has, within 20 business days after being given notice of the submitted scheme under section 71 , asked the Minister to amend it to protect the owner’s interests; and\nthe amendment is made within 40 business days after the submitted scheme was given to the Minister.\n(sec.72-ssec.1) The Minister may amend the submitted scheme in a way the Minister considers appropriate to protect an affected owner’s interests.\n(sec.72-ssec.2) However, the amendment may be made only if— the affected owner has, within 20 business days after being given notice of the submitted scheme under section 71 , asked the Minister to amend it to protect the owner’s interests; and the amendment is made within 40 business days after the submitted scheme was given to the Minister.\n- (a) the affected owner has, within 20 business days after being given notice of the submitted scheme under section 71 , asked the Minister to amend it to protect the owner’s interests; and\n- (b) the amendment is made within 40 business days after the submitted scheme was given to the Minister.","sortOrder":95},{"sectionNumber":"sec.73","sectionType":"section","heading":"Direction to authority to engage again in public notification and submissions","content":"### sec.73 Direction to authority to engage again in public notification and submissions\n\nIf the Minister considers an amendment of the submitted scheme significantly changes the submitted scheme, the Minister must give the authority a written direction to re-comply with sections 66 , 68 , 69 and 70 for the submitted scheme as amended.","sortOrder":96},{"sectionNumber":"sec.74","sectionType":"section","heading":"When proposed scheme takes effect","content":"### sec.74 When proposed scheme takes effect\n\nThe development scheme does not take effect until it has been approved under a regulation.","sortOrder":97},{"sectionNumber":"sec.75","sectionType":"section","heading":"Notice of development scheme","content":"### sec.75 Notice of development scheme\n\nThe authority must, as soon as practicable after the development scheme takes effect—\npublish the scheme on its website; and\npublish, at least once in a newspaper circulating in the area to which the development scheme applies, a notice stating that—\nthe scheme has been approved; and\nthe scheme may be inspected on the authority’s website; and\ngive each person who made a submission received within the submission period about the scheme a notice stating that—\nthe scheme has been approved; and\nthe authority’s report about the scheme can be inspected on its website.\n- (a) publish the scheme on its website; and\n- (b) publish, at least once in a newspaper circulating in the area to which the development scheme applies, a notice stating that— (i) the scheme has been approved; and (ii) the scheme may be inspected on the authority’s website; and\n- (i) the scheme has been approved; and\n- (ii) the scheme may be inspected on the authority’s website; and\n- (c) give each person who made a submission received within the submission period about the scheme a notice stating that— (i) the scheme has been approved; and (ii) the authority’s report about the scheme can be inspected on its website.\n- (i) the scheme has been approved; and\n- (ii) the authority’s report about the scheme can be inspected on its website.\n- (i) the scheme has been approved; and\n- (ii) the scheme may be inspected on the authority’s website; and\n- (i) the scheme has been approved; and\n- (ii) the authority’s report about the scheme can be inspected on its website.","sortOrder":98},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Amendment, tabling and inspection of development schemes","content":"## Amendment, tabling and inspection of development schemes","sortOrder":99},{"sectionNumber":"sec.76","sectionType":"section","heading":"Authority may amend development scheme","content":"### sec.76 Authority may amend development scheme\n\nThe authority may amend a development scheme only if procedures under division 1 for making a development scheme have been followed.\nDivision 1 applies to the amendment as if—\na reference in the division to making a development scheme were a reference to the making of the amendment; and\na reference in the division to a proposed development scheme were a reference to the proposed amendment.\n(sec.76-ssec.1) The authority may amend a development scheme only if procedures under division 1 for making a development scheme have been followed.\n(sec.76-ssec.2) Division 1 applies to the amendment as if— a reference in the division to making a development scheme were a reference to the making of the amendment; and a reference in the division to a proposed development scheme were a reference to the proposed amendment.\n- (a) a reference in the division to making a development scheme were a reference to the making of the amendment; and\n- (b) a reference in the division to a proposed development scheme were a reference to the proposed amendment.","sortOrder":100},{"sectionNumber":"sec.77","sectionType":"section","heading":"Tabling and inspection requirement","content":"### sec.77 Tabling and inspection requirement\n\nThis section applies if—\na regulation under this part approves a development scheme or an amendment of a development scheme; and\nthe development scheme or amendment is not part of, or attached to, the regulation.\nThe Minister must, when the regulation is tabled in the Legislative Assembly under the Statutory Instruments Act 1992 , section 49 , also table a copy of the development scheme or amendment.\nA failure to comply with this section does not invalidate or otherwise affect the regulation.\n(sec.77-ssec.1) This section applies if— a regulation under this part approves a development scheme or an amendment of a development scheme; and the development scheme or amendment is not part of, or attached to, the regulation.\n(sec.77-ssec.2) The Minister must, when the regulation is tabled in the Legislative Assembly under the Statutory Instruments Act 1992 , section 49 , also table a copy of the development scheme or amendment.\n(sec.77-ssec.3) A failure to comply with this section does not invalidate or otherwise affect the regulation.\n- (a) a regulation under this part approves a development scheme or an amendment of a development scheme; and\n- (b) the development scheme or amendment is not part of, or attached to, the regulation.","sortOrder":101},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Effect of development scheme on other instruments","content":"## Effect of development scheme on other instruments","sortOrder":102},{"sectionNumber":"sec.78","sectionType":"section","heading":"Relationship with other instruments","content":"### sec.78 Relationship with other instruments\n\nIf there is a conflict between a development scheme and any of the following instruments, the development scheme prevails to the extent of the inconsistency—\na planning instrument;\nassessment benchmarks prescribed by a regulation made under the Planning Act ;\nassessment benchmarks made under another Act for the Planning Act .\nA development scheme may suspend or otherwise affect the operation of a planning instrument, but does not amend the planning instrument.\ns 78 amd 2016 No. 27 s 409\n(sec.78-ssec.1) If there is a conflict between a development scheme and any of the following instruments, the development scheme prevails to the extent of the inconsistency— a planning instrument; assessment benchmarks prescribed by a regulation made under the Planning Act ; assessment benchmarks made under another Act for the Planning Act .\n(sec.78-ssec.2) A development scheme may suspend or otherwise affect the operation of a planning instrument, but does not amend the planning instrument.\n- (a) a planning instrument;\n- (b) assessment benchmarks prescribed by a regulation made under the Planning Act ;\n- (c) assessment benchmarks made under another Act for the Planning Act .","sortOrder":103},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Relationship with Planning Act","content":"## Relationship with Planning Act","sortOrder":104},{"sectionNumber":"sec.79","sectionType":"section","heading":"Application of sdivs 2 and 3","content":"### sec.79 Application of sdivs 2 and 3\n\nSubdivisions 2 and 3 apply to the following applications (each a relevant application )—\na development application for development in the area (the scheme area ) to which a development scheme for a declared project or a reconstruction area, or part of a reconstruction area, applies;\na change application to change a development approval that already approves particular development in the scheme area;\na change application to change a development approval—\nto approve particular development in the scheme area; and\nthat does not already approve particular development in the scheme area.\ns 79 amd 2016 No. 27 s 411\n- (a) a development application for development in the area (the scheme area ) to which a development scheme for a declared project or a reconstruction area, or part of a reconstruction area, applies;\n- (b) a change application to change a development approval that already approves particular development in the scheme area;\n- (c) a change application to change a development approval— (i) to approve particular development in the scheme area; and (ii) that does not already approve particular development in the scheme area.\n- (i) to approve particular development in the scheme area; and\n- (ii) that does not already approve particular development in the scheme area.\n- (i) to approve particular development in the scheme area; and\n- (ii) that does not already approve particular development in the scheme area.","sortOrder":105},{"sectionNumber":"sec.80","sectionType":"section","heading":"Assessment of development applications","content":"### sec.80 Assessment of development applications\n\nThis section applies to a relevant application that is a development application.\nA referral agency for the application must assess the application having regard to the development scheme.\nThe assessment manager for the application must assess the application against the matters stated in the development scheme as assessment benchmarks for the Planning Act for the application.\nThis section does not limit the Planning Act , sections 45 , 55 , 60 and 61 .\nIn this section, a reference to the development scheme is a reference to the development scheme in effect when the application was properly made under the Planning Act .\nHowever, an entity mentioned in subsection (2) or (3) may give the weight that the entity considers is appropriate, in the circumstances, to any amendment or replacement of the development scheme that came into effect after the application was properly made under the Planning Act .\ns 80 sub 2016 No. 27 s 412\n(sec.80-ssec.1) This section applies to a relevant application that is a development application.\n(sec.80-ssec.2) A referral agency for the application must assess the application having regard to the development scheme.\n(sec.80-ssec.3) The assessment manager for the application must assess the application against the matters stated in the development scheme as assessment benchmarks for the Planning Act for the application.\n(sec.80-ssec.4) This section does not limit the Planning Act , sections 45 , 55 , 60 and 61 .\n(sec.80-ssec.5) In this section, a reference to the development scheme is a reference to the development scheme in effect when the application was properly made under the Planning Act .\n(sec.80-ssec.6) However, an entity mentioned in subsection (2) or (3) may give the weight that the entity considers is appropriate, in the circumstances, to any amendment or replacement of the development scheme that came into effect after the application was properly made under the Planning Act .","sortOrder":106},{"sectionNumber":"sec.81","sectionType":"section","heading":"Assessment of change applications","content":"### sec.81 Assessment of change applications\n\nThis section applies to a relevant application that is a change application.\nThe responsible entity for the application must assess the application against the development scheme.\nThis section does not limit the Planning Act , sections 81 , 81A and 82 .\nIn this section, a reference to the development scheme is a reference to the development scheme in effect when the application was made.\nHowever, the responsible entity for the application may give the weight the entity considers is appropriate, in the circumstances, to any amendment or replacement of the development scheme that came into effect after the application was made.\ns 81 sub 2016 No. 27 s 412\namd 2019 No. 11 s 231 s ch 1 pt 1\n(sec.81-ssec.1) This section applies to a relevant application that is a change application.\n(sec.81-ssec.2) The responsible entity for the application must assess the application against the development scheme.\n(sec.81-ssec.3) This section does not limit the Planning Act , sections 81 , 81A and 82 .\n(sec.81-ssec.4) In this section, a reference to the development scheme is a reference to the development scheme in effect when the application was made.\n(sec.81-ssec.5) However, the responsible entity for the application may give the weight the entity considers is appropriate, in the circumstances, to any amendment or replacement of the development scheme that came into effect after the application was made.","sortOrder":107},{"sectionNumber":"sec.82","sectionType":"section","heading":"Restriction on approving relevant application","content":"### sec.82 Restriction on approving relevant application\n\nA relevant application must not be approved under the Planning Act to the extent the development the subject of the application is inconsistent with the land use plan for the development scheme, unless—\na preliminary approval under the Planning Act is in force for the land on which the development is to be carried out; and\nthe development is consistent with the preliminary approval.\nTo remove any doubt, it is declared that subsection (1) does not require the application to be approved under the Planning Act only because subsection (1) (a) and (b) applies.\ns 82 sub 2016 No. 27 s 412\n(sec.82-ssec.1) A relevant application must not be approved under the Planning Act to the extent the development the subject of the application is inconsistent with the land use plan for the development scheme, unless— a preliminary approval under the Planning Act is in force for the land on which the development is to be carried out; and the development is consistent with the preliminary approval.\n(sec.82-ssec.2) To remove any doubt, it is declared that subsection (1) does not require the application to be approved under the Planning Act only because subsection (1) (a) and (b) applies.\n- (a) a preliminary approval under the Planning Act is in force for the land on which the development is to be carried out; and\n- (b) the development is consistent with the preliminary approval.","sortOrder":108},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 om 2016 No. 27 s 412","sortOrder":109},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 om 2016 No. 27 s 413","sortOrder":110},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 om 2016 No. 27 s 413","sortOrder":111},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 om 2016 No. 27 s 413","sortOrder":112},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 om 2016 No. 27 s 413","sortOrder":113},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 85 om 2016 No. 27 s 413","sortOrder":114},{"sectionNumber":"sec.89","sectionType":"section","heading":"Lawful use of premises protected","content":"### sec.89 Lawful use of premises protected\n\nThis section applies if, immediately before the taking of effect of a development scheme, or of an amendment of a development scheme, the use of premises to which the scheme relates was a lawful use of the premises.\nNeither the development scheme nor the amendment can—\nstop the use from continuing; or\nfurther regulate the use; or\nrequire the use to be changed.\nIn this section—\nlawful use , of premises, includes—\na use that is generally in accordance with a current rezoning approval given under—\nthe repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or\nthe repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and\na use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 .\nmaterial change of use , of premises, see the Planning Act , schedule 2 .\ns 89 amd 2016 No. 27 s 414\n(sec.89-ssec.1) This section applies if, immediately before the taking of effect of a development scheme, or of an amendment of a development scheme, the use of premises to which the scheme relates was a lawful use of the premises.\n(sec.89-ssec.2) Neither the development scheme nor the amendment can— stop the use from continuing; or further regulate the use; or require the use to be changed.\n(sec.89-ssec.3) In this section— lawful use , of premises, includes— a use that is generally in accordance with a current rezoning approval given under— the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and a use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 . material change of use , of premises, see the Planning Act , schedule 2 .\n- (a) stop the use from continuing; or\n- (b) further regulate the use; or\n- (c) require the use to be changed.\n- (a) a use that is generally in accordance with a current rezoning approval given under— (i) the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or (ii) the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and\n- (i) the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or\n- (ii) the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and\n- (b) a use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 .\n- (i) the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or\n- (ii) the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and","sortOrder":115},{"sectionNumber":"sec.90","sectionType":"section","heading":"Lawfully constructed buildings and work protected","content":"### sec.90 Lawfully constructed buildings and work protected\n\nTo the extent a building has been lawfully constructed or work lawfully carried out, neither a development scheme nor an amendment of a development scheme can require the building or work to be altered or removed.","sortOrder":116},{"sectionNumber":"sec.91","sectionType":"section","heading":"New instruments can not affect existing development approval","content":"### sec.91 New instruments can not affect existing development approval\n\nThis section applies if—\na development approval exists for premises; and\nafter the approval is given, a new development scheme or amendment of a development scheme commences.\nTo the extent the approval has not lapsed, neither the development scheme nor the amendment can stop or further regulate the development, or otherwise affect the approval.\ns 91 amd 2016 No. 27 s 415\n(sec.91-ssec.1) This section applies if— a development approval exists for premises; and after the approval is given, a new development scheme or amendment of a development scheme commences.\n(sec.91-ssec.2) To the extent the approval has not lapsed, neither the development scheme nor the amendment can stop or further regulate the development, or otherwise affect the approval.\n- (a) a development approval exists for premises; and\n- (b) after the approval is given, a new development scheme or amendment of a development scheme commences.","sortOrder":117},{"sectionNumber":"sec.92","sectionType":"section","heading":"Minister’s power to amend development approval","content":"### sec.92 Minister’s power to amend development approval\n\nThe Minister may, by a notice given to the assessment manager and the holder of an existing development approval for development in a reconstruction area for which there is a development scheme, amend the development approval if satisfied the amendment is necessary for the carrying out of a reconstruction function of the authority.\nFor the Planning Act , any amendment of a development approval under subsection (1) —\nis taken to be a part of the approval; and\nis taken to have been made by the assessment manager for the development approval; and\ntakes effect when the notice under subsection (1) is given.\nIf an assessment manager is given a notice under subsection (1) , the assessment manager must comply with the requirements under the Planning Act about giving public access to development approvals, as if the notice were a development approval.\nIf there is an inconsistency between the amendment and the development approval, the amendment prevails to the extent of the inconsistency.\nThis section applies despite sections 89 , 90 and 91 .\nIn this section—\nexisting , for a development approval, means a development approval in effect for development in a reconstruction area, or part of a reconstruction area, immediately before a development scheme takes effect for the area or part.\ns 92 amd 2016 No. 27 s 416 ; 2019 No. 11 s 211\n(sec.92-ssec.1) The Minister may, by a notice given to the assessment manager and the holder of an existing development approval for development in a reconstruction area for which there is a development scheme, amend the development approval if satisfied the amendment is necessary for the carrying out of a reconstruction function of the authority.\n(sec.92-ssec.2) For the Planning Act , any amendment of a development approval under subsection (1) — is taken to be a part of the approval; and is taken to have been made by the assessment manager for the development approval; and takes effect when the notice under subsection (1) is given.\n(sec.92-ssec.3) If an assessment manager is given a notice under subsection (1) , the assessment manager must comply with the requirements under the Planning Act about giving public access to development approvals, as if the notice were a development approval.\n(sec.92-ssec.4) If there is an inconsistency between the amendment and the development approval, the amendment prevails to the extent of the inconsistency.\n(sec.92-ssec.5) This section applies despite sections 89 , 90 and 91 .\n(sec.92-ssec.6) In this section— existing , for a development approval, means a development approval in effect for development in a reconstruction area, or part of a reconstruction area, immediately before a development scheme takes effect for the area or part.\n- (a) is taken to be a part of the approval; and\n- (b) is taken to have been made by the assessment manager for the development approval; and\n- (c) takes effect when the notice under subsection (1) is given.","sortOrder":118},{"sectionNumber":"sec.93","sectionType":"section","heading":"Designation of premises—development scheme","content":"### sec.93 Designation of premises—development scheme\n\nTo remove any doubt, it is declared that—\nthe planning Minister or a local government may make a designation under the Planning Act , chapter 2 , part 5 of premises in, or partly in, the area to which a development scheme applies; and\na designation of premises under the Planning Act that is in force immediately before a development scheme takes effect for all or part of the premises continues in force despite the development scheme taking effect.\nDevelopment carried out on premises that are the subject of a designation under the Planning Act is accepted development to the extent the development—\nis carried out under the designation; and\nwould, other than for this subsection, be assessable development under a development scheme.\nSubsection (2) does not limit the Planning Act , section 44 (6) (b) .\nIn this section—\nplanning Minister means the Minister administering the Planning Act .\ns 93 sub 2016 No. 27 s 417\n(sec.93-ssec.1) To remove any doubt, it is declared that— the planning Minister or a local government may make a designation under the Planning Act , chapter 2 , part 5 of premises in, or partly in, the area to which a development scheme applies; and a designation of premises under the Planning Act that is in force immediately before a development scheme takes effect for all or part of the premises continues in force despite the development scheme taking effect.\n(sec.93-ssec.2) Development carried out on premises that are the subject of a designation under the Planning Act is accepted development to the extent the development— is carried out under the designation; and would, other than for this subsection, be assessable development under a development scheme.\n(sec.93-ssec.3) Subsection (2) does not limit the Planning Act , section 44 (6) (b) .\n(sec.93-ssec.4) In this section— planning Minister means the Minister administering the Planning Act .\n- (a) the planning Minister or a local government may make a designation under the Planning Act , chapter 2 , part 5 of premises in, or partly in, the area to which a development scheme applies; and\n- (b) a designation of premises under the Planning Act that is in force immediately before a development scheme takes effect for all or part of the premises continues in force despite the development scheme taking effect.\n- (a) is carried out under the designation; and\n- (b) would, other than for this subsection, be assessable development under a development scheme.","sortOrder":119},{"sectionNumber":"sec.94","sectionType":"section","heading":null,"content":"### Section sec.94\n\ns 94 om 2016 No. 27 s 417","sortOrder":120},{"sectionNumber":"sec.95","sectionType":"section","heading":"Planning and Environment Court may make declarations","content":"### sec.95 Planning and Environment Court may make declarations\n\nThe authority may bring a proceeding in the Planning and Environment Court for a declaration about—\na matter done, to be done or that should have been done for this Act; or\nthe interpretation of this Act; or\nthe lawfulness of land use or development—\nfor a declared project; or\nin a reconstruction area.\nThe court may make—\na declaration about a matter mentioned in subsection (1) ; or\nan order about the declaration.\ns 95 amd 2016 No. 27 s 418\n(sec.95-ssec.1) The authority may bring a proceeding in the Planning and Environment Court for a declaration about— a matter done, to be done or that should have been done for this Act; or the interpretation of this Act; or the lawfulness of land use or development— for a declared project; or in a reconstruction area.\n(sec.95-ssec.2) The court may make— a declaration about a matter mentioned in subsection (1) ; or an order about the declaration.\n- (a) a matter done, to be done or that should have been done for this Act; or\n- (b) the interpretation of this Act; or\n- (c) the lawfulness of land use or development— (i) for a declared project; or (ii) in a reconstruction area.\n- (i) for a declared project; or\n- (ii) in a reconstruction area.\n- (i) for a declared project; or\n- (ii) in a reconstruction area.\n- (a) a declaration about a matter mentioned in subsection (1) ; or\n- (b) an order about the declaration.","sortOrder":121},{"sectionNumber":"pt.7","sectionType":"part","heading":"Undertaking works, taking land, dealing with roads and application of particular laws","content":"# Undertaking works, taking land, dealing with roads and application of particular laws","sortOrder":122},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"Provisions about undertaking works","content":"## Provisions about undertaking works","sortOrder":123},{"sectionNumber":"sec.96","sectionType":"section","heading":"Direction for authority to undertake works","content":"### sec.96 Direction for authority to undertake works\n\nThis section applies if the Minister is satisfied that, for the effective and efficient carrying out of a reconstruction function of the authority, it is necessary or desirable for particular works to be undertaken by the authority.\nA regulation may direct the authority to undertake the works.\nIf a regulation directs the authority to undertake the works, the State Development Act , sections 110 , 111 (2) to (4) and 112 apply in relation to the direction as if—\nthe references in the sections to section 109 were a reference to this section; and\nthe references in the sections to the Coordinator-General were references to the authority; and\nthe reference in section 110 (1) of that Act to ‘or other person directed under the section’ were omitted; and\nthe reference in section 110 (2) of that Act to ‘or by another person on behalf of the Coordinator-General’ were omitted.\ns 96 amd 2019 No. 11 s 212\n(sec.96-ssec.1) This section applies if the Minister is satisfied that, for the effective and efficient carrying out of a reconstruction function of the authority, it is necessary or desirable for particular works to be undertaken by the authority.\n(sec.96-ssec.2) A regulation may direct the authority to undertake the works.\n(sec.96-ssec.3) If a regulation directs the authority to undertake the works, the State Development Act , sections 110 , 111 (2) to (4) and 112 apply in relation to the direction as if— the references in the sections to section 109 were a reference to this section; and the references in the sections to the Coordinator-General were references to the authority; and the reference in section 110 (1) of that Act to ‘or other person directed under the section’ were omitted; and the reference in section 110 (2) of that Act to ‘or by another person on behalf of the Coordinator-General’ were omitted.\n- (a) the references in the sections to section 109 were a reference to this section; and\n- (b) the references in the sections to the Coordinator-General were references to the authority; and\n- (c) the reference in section 110 (1) of that Act to ‘or other person directed under the section’ were omitted; and\n- (d) the reference in section 110 (2) of that Act to ‘or by another person on behalf of the Coordinator-General’ were omitted.","sortOrder":124},{"sectionNumber":"sec.97","sectionType":"section","heading":"Application of State Development Act for transfer of authorised works","content":"### sec.97 Application of State Development Act for transfer of authorised works\n\nThe State Development Act , section 134 applies in relation to authorised works under this Act as if—\nthe references in the section to the Coordinator-General were references to the authority; and\nthe references in the section to authorised works were references to authorised works under this Act; and\nthe reference in section 134 (2) of that Act to the Minister were a reference to the Minister administering this Act.\n- (a) the references in the section to the Coordinator-General were references to the authority; and\n- (b) the references in the section to authorised works were references to authorised works under this Act; and\n- (c) the reference in section 134 (2) of that Act to the Minister were a reference to the Minister administering this Act.","sortOrder":125},{"sectionNumber":"sec.98","sectionType":"section","heading":"Application of State Development Act for works on foreshore or under waters","content":"### sec.98 Application of State Development Act for works on foreshore or under waters\n\nFor the effective and efficient carrying out of a reconstruction function of the authority, the State Development Act , section 140 applies to the authority as if the references in the section to the Coordinator-General were references to the authority.\ns 98 amd 2019 No. 11 s 213","sortOrder":126},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Provisions about taking land and entry to land","content":"## Provisions about taking land and entry to land","sortOrder":127},{"sectionNumber":"sec.99","sectionType":"section","heading":"Authority’s power to take land","content":"### sec.99 Authority’s power to take land\n\nThe authority may, as provided under this section, take land for any of the following purposes—\nto carry out authorised works;\nto implement a development scheme for a declared project or a reconstruction area;\nto carry out a reconstruction function of the authority;\nto comply with section 100 (3) .\nThe Acquisition of Land Act 1967 (the ALA ) applies for taking land under subsection (1) and paying compensation for the land taken as if—\nthe taking were a taking under the ALA by a constructing authority; and\nthe constructing authority were the authority; and\nthe reference in the ALA , section 5 (1) (c) to the taking of land for a purpose stated in the schedule to that Act were a reference to the taking of land for a purpose mentioned in subsection (1) ; and\nthe reference in the ALA to the relevant Minister were a reference to the Minister administering this Act.\nFor applying the process for taking land and paying compensation, the ALA applies with all other necessary changes.\nThe power to take land under this section for a purpose (the primary purpose ) includes power to take land at any time, either for the primary purpose or for any purpose incidental to the carrying out of the primary purpose.\nThis section does not limit the power of a constructing authority under the ALA to take land under that Act.\nTo remove any doubt, it is declared that the taking of land under this section is not a taking of land under the ALA , even though the process for taking the land and paying compensation for the land is the process stated in that Act.\ns 99 amd 2013 No. 23 s 352 sch 1 pt 1 ; 2019 No. 11 s 214\n(sec.99-ssec.1) The authority may, as provided under this section, take land for any of the following purposes— to carry out authorised works; to implement a development scheme for a declared project or a reconstruction area; to carry out a reconstruction function of the authority; to comply with section 100 (3) .\n(sec.99-ssec.2) The Acquisition of Land Act 1967 (the ALA ) applies for taking land under subsection (1) and paying compensation for the land taken as if— the taking were a taking under the ALA by a constructing authority; and the constructing authority were the authority; and the reference in the ALA , section 5 (1) (c) to the taking of land for a purpose stated in the schedule to that Act were a reference to the taking of land for a purpose mentioned in subsection (1) ; and the reference in the ALA to the relevant Minister were a reference to the Minister administering this Act.\n(sec.99-ssec.3) For applying the process for taking land and paying compensation, the ALA applies with all other necessary changes.\n(sec.99-ssec.4) The power to take land under this section for a purpose (the primary purpose ) includes power to take land at any time, either for the primary purpose or for any purpose incidental to the carrying out of the primary purpose.\n(sec.99-ssec.5) This section does not limit the power of a constructing authority under the ALA to take land under that Act.\n(sec.99-ssec.6) To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the ALA , even though the process for taking the land and paying compensation for the land is the process stated in that Act.\n- (a) to carry out authorised works;\n- (b) to implement a development scheme for a declared project or a reconstruction area;\n- (c) to carry out a reconstruction function of the authority;\n- (d) to comply with section 100 (3) .\n- (a) the taking were a taking under the ALA by a constructing authority; and\n- (b) the constructing authority were the authority; and\n- (c) the reference in the ALA , section 5 (1) (c) to the taking of land for a purpose stated in the schedule to that Act were a reference to the taking of land for a purpose mentioned in subsection (1) ; and\n- (d) the reference in the ALA to the relevant Minister were a reference to the Minister administering this Act.","sortOrder":128},{"sectionNumber":"sec.100","sectionType":"section","heading":"When authority or local government must take land","content":"### sec.100 When authority or local government must take land\n\nThis section applies if an owner of acquisition land is given a notice under section 44 (1) (a) (the relevant notice ).\nThe owner must not dispose of the acquisition land other than to the entity (the relevant entity ) stated in the relevant notice for the purpose of this section.\nMaximum penalty—165 penalty units.\nIf the owner of the land gives the relevant entity a notice that the owner proposes to sell the land, the entity must acquire the land from the owner—\nif the entity is the authority—in the way provided for under section 99 ; or\nUnder section 102 , land taken by the authority may be vested in a government entity, GOC or local government.\nif the entity is a local government—in the way provided for under the Acquisition of Land Act 1967 .\nIf any transaction is entered into in contravention of subsection (2) , the transaction is not invalid, and the new owner is taken to have been given notice under section 44 (1) (a) .\nThis section does not limit the authority’s power to take the land for a purpose mentioned in section 99 (1) (a) to (c) .\n(sec.100-ssec.1) This section applies if an owner of acquisition land is given a notice under section 44 (1) (a) (the relevant notice ).\n(sec.100-ssec.2) The owner must not dispose of the acquisition land other than to the entity (the relevant entity ) stated in the relevant notice for the purpose of this section. Maximum penalty—165 penalty units.\n(sec.100-ssec.3) If the owner of the land gives the relevant entity a notice that the owner proposes to sell the land, the entity must acquire the land from the owner— if the entity is the authority—in the way provided for under section 99 ; or Under section 102 , land taken by the authority may be vested in a government entity, GOC or local government. if the entity is a local government—in the way provided for under the Acquisition of Land Act 1967 .\n(sec.100-ssec.4) If any transaction is entered into in contravention of subsection (2) , the transaction is not invalid, and the new owner is taken to have been given notice under section 44 (1) (a) .\n(sec.100-ssec.5) This section does not limit the authority’s power to take the land for a purpose mentioned in section 99 (1) (a) to (c) .\n- (a) if the entity is the authority—in the way provided for under section 99 ; or Note— Under section 102 , land taken by the authority may be vested in a government entity, GOC or local government.\n- (b) if the entity is a local government—in the way provided for under the Acquisition of Land Act 1967 .","sortOrder":129},{"sectionNumber":"sec.101","sectionType":"section","heading":"Authority’s power to take public utility easement","content":"### sec.101 Authority’s power to take public utility easement\n\nThe authority’s power under section 99 to take land for a purpose mentioned in section 99 (1) , includes the power to create, by registration, a public utility easement over the land under the Land Title Act 1994 , part 6 , division 4 .\nFor the Land Title Act 1994 , section 89 , the person for whom the land is to be taken under section 99 is taken to be a public utility provider.\nThe easement may be registered under the Land Title Act 1994 without the document having been signed by the owner of the land to be burdened by the easement.\nSubsection (3) applies despite the Land Title Act 1994 , section 83 (1) .\n(sec.101-ssec.1) The authority’s power under section 99 to take land for a purpose mentioned in section 99 (1) , includes the power to create, by registration, a public utility easement over the land under the Land Title Act 1994 , part 6 , division 4 .\n(sec.101-ssec.2) For the Land Title Act 1994 , section 89 , the person for whom the land is to be taken under section 99 is taken to be a public utility provider.\n(sec.101-ssec.3) The easement may be registered under the Land Title Act 1994 without the document having been signed by the owner of the land to be burdened by the easement.\n(sec.101-ssec.4) Subsection (3) applies despite the Land Title Act 1994 , section 83 (1) .","sortOrder":130},{"sectionNumber":"sec.102","sectionType":"section","heading":"Vesting of land taken","content":"### sec.102 Vesting of land taken\n\nLand taken by the authority under this division vests, as provided for in the instrument under which it is taken, in the State, the authority, a government entity, GOC or local government.\nA regulation may divest any land from the authority and vest the land in the State, a government entity, GOC or local government.\nThe State Development Act , section 128 (3) applies to land taken by the authority and vested in the State as if—\nthe reference in the subsection to the Coordinator-General were a reference to the authority; and\nthe reference in the subsection to the proclamation were a reference to the instrument; and\nthe reference in the subsection to the works or purposes were a reference to the purposes.\n(sec.102-ssec.1) Land taken by the authority under this division vests, as provided for in the instrument under which it is taken, in the State, the authority, a government entity, GOC or local government.\n(sec.102-ssec.2) A regulation may divest any land from the authority and vest the land in the State, a government entity, GOC or local government.\n(sec.102-ssec.3) The State Development Act , section 128 (3) applies to land taken by the authority and vested in the State as if— the reference in the subsection to the Coordinator-General were a reference to the authority; and the reference in the subsection to the proclamation were a reference to the instrument; and the reference in the subsection to the works or purposes were a reference to the purposes.\n- (a) the reference in the subsection to the Coordinator-General were a reference to the authority; and\n- (b) the reference in the subsection to the proclamation were a reference to the instrument; and\n- (c) the reference in the subsection to the works or purposes were a reference to the purposes.","sortOrder":131},{"sectionNumber":"sec.103","sectionType":"section","heading":"Power to use, lease or dispose of land","content":"### sec.103 Power to use, lease or dispose of land\n\nThe authority may, to give effect to a purpose mentioned in section 99 (1) , do any or all of the following—\nlease, or agree to lease, to any person land taken, or proposed to be taken, under this division;\nsign an agreement with any person to carry out, own, operate and maintain any works or development on land taken, or proposed to be taken, under this division;\nsign an agreement with any person in relation to works or development for land taken, or proposed to be taken, under this division;\nsell land taken, or agree to sell land to be taken, under this division.\n- (a) lease, or agree to lease, to any person land taken, or proposed to be taken, under this division;\n- (b) sign an agreement with any person to carry out, own, operate and maintain any works or development on land taken, or proposed to be taken, under this division;\n- (c) sign an agreement with any person in relation to works or development for land taken, or proposed to be taken, under this division;\n- (d) sell land taken, or agree to sell land to be taken, under this division.","sortOrder":132},{"sectionNumber":"sec.104","sectionType":"section","heading":"Application of other provisions of the State Development Act about the taking of land","content":"### sec.104 Application of other provisions of the State Development Act about the taking of land\n\nThe State Development Act , sections 130 , 132 and 133 apply in relation to the taking of land by the authority under this division as if—\nthe references in the sections to the Coordinator-General were references to the authority; and\nthe reference in section 130 (1) of that Act to the proclamation were a reference to the instrument; and\nthe references in sections 130 and 133 of that Act to ‘this Act’ were references to ‘the Queensland Reconstruction Authority Act 2011 ’.\n- (a) the references in the sections to the Coordinator-General were references to the authority; and\n- (b) the reference in section 130 (1) of that Act to the proclamation were a reference to the instrument; and\n- (c) the references in sections 130 and 133 of that Act to ‘this Act’ were references to ‘the Queensland Reconstruction Authority Act 2011 ’.","sortOrder":133},{"sectionNumber":"sec.105","sectionType":"section","heading":"Application of provisions of the State Development Act about entry to land","content":"### sec.105 Application of provisions of the State Development Act about entry to land\n\nAn authorised person may, to undertake authorised works, exercise a power stated in the State Development Act , section 136 (1) (a) to (f) in relation to land.\nFor subsection (1) , the State Development Act , section 136 (1) (f) applies as if—\nthe reference in that paragraph to the Coordinator-General were a reference to the authority; and\nthe reference in that paragraph to officers or employees were a reference to authorised persons.\nThe State Development Act , section 136 (2) to (4) applies to the exercise of a power mentioned in subsection (1) as if—\nthe reference in section 136 (4) of that Act to the Coordinator-General were a reference to the authority; and\nthe reference in section 136 (4) of that Act to ‘or his or her delegate’ were omitted.\nAlso, the State Development Act , section 139 (1) , (2) , (3) and (5) applies to the exercise of a power mentioned in subsection (1) as if—\nthe references in the subsections to section 136 included a reference to section 136 as applied under this section; and\nthe reference in section 139 (5) of that Act to the Coordinator-General were a reference to the authority.\nThe authority may, by notice in writing given to an appropriately qualified person, authorise the person to exercise a power under the State Development Act , section 136 (1) (a) to (f) as applied under this section.\nIn exercising or attempting to exercise a power mentioned in subsection (1) at a place, the authorised person must take all reasonable steps to ensure the authorised person causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.\nIn this section—\nappropriately qualified , for the exercise of a power, means having the qualifications, experience or standing appropriate to exercise the power.\na person’s classification or level in a department\nland does not include a part of a place where a person resides.\n(sec.105-ssec.1) An authorised person may, to undertake authorised works, exercise a power stated in the State Development Act , section 136 (1) (a) to (f) in relation to land.\n(sec.105-ssec.2) For subsection (1) , the State Development Act , section 136 (1) (f) applies as if— the reference in that paragraph to the Coordinator-General were a reference to the authority; and the reference in that paragraph to officers or employees were a reference to authorised persons.\n(sec.105-ssec.3) The State Development Act , section 136 (2) to (4) applies to the exercise of a power mentioned in subsection (1) as if— the reference in section 136 (4) of that Act to the Coordinator-General were a reference to the authority; and the reference in section 136 (4) of that Act to ‘or his or her delegate’ were omitted.\n(sec.105-ssec.4) Also, the State Development Act , section 139 (1) , (2) , (3) and (5) applies to the exercise of a power mentioned in subsection (1) as if— the references in the subsections to section 136 included a reference to section 136 as applied under this section; and the reference in section 139 (5) of that Act to the Coordinator-General were a reference to the authority.\n(sec.105-ssec.5) The authority may, by notice in writing given to an appropriately qualified person, authorise the person to exercise a power under the State Development Act , section 136 (1) (a) to (f) as applied under this section.\n(sec.105-ssec.6) In exercising or attempting to exercise a power mentioned in subsection (1) at a place, the authorised person must take all reasonable steps to ensure the authorised person causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.\n(sec.105-ssec.7) In this section— appropriately qualified , for the exercise of a power, means having the qualifications, experience or standing appropriate to exercise the power. a person’s classification or level in a department land does not include a part of a place where a person resides.\n- (a) the reference in that paragraph to the Coordinator-General were a reference to the authority; and\n- (b) the reference in that paragraph to officers or employees were a reference to authorised persons.\n- (a) the reference in section 136 (4) of that Act to the Coordinator-General were a reference to the authority; and\n- (b) the reference in section 136 (4) of that Act to ‘or his or her delegate’ were omitted.\n- (a) the references in the subsections to section 136 included a reference to section 136 as applied under this section; and\n- (b) the reference in section 139 (5) of that Act to the Coordinator-General were a reference to the authority.","sortOrder":134},{"sectionNumber":"pt.7-div.3","sectionType":"division","heading":"Dealing with roads","content":"## Dealing with roads","sortOrder":135},{"sectionNumber":"sec.106","sectionType":"section","heading":"Roads and road closures","content":"### sec.106 Roads and road closures\n\nThe authority may perform functions or exercise powers for a road in a reconstruction area that the authority considers necessary or desirable to perform its other functions.\nWithout limiting subsection (1) , the authority may, by gazette notice, permanently or temporarily close all or part of a road in a reconstruction area.\nBefore the closing of the road takes effect, the authority must publish a notice the authority considers appropriate about the closure in a newspaper circulating in the reconstruction area.\nFailure to comply with subsection (3) does not invalidate the closure.\nThe authority may do everything necessary to stop traffic using a road or part of a road closed under this section.\nTo remove any doubt, it is declared that this section applies—\nwhether or not a road is a State-controlled road under the Transport Infrastructure Act 1994 ; and\nwhether or not the Land Act 1994 applies to a road.\n(sec.106-ssec.1) The authority may perform functions or exercise powers for a road in a reconstruction area that the authority considers necessary or desirable to perform its other functions.\n(sec.106-ssec.2) Without limiting subsection (1) , the authority may, by gazette notice, permanently or temporarily close all or part of a road in a reconstruction area.\n(sec.106-ssec.3) Before the closing of the road takes effect, the authority must publish a notice the authority considers appropriate about the closure in a newspaper circulating in the reconstruction area.\n(sec.106-ssec.4) Failure to comply with subsection (3) does not invalidate the closure.\n(sec.106-ssec.5) The authority may do everything necessary to stop traffic using a road or part of a road closed under this section.\n(sec.106-ssec.6) To remove any doubt, it is declared that this section applies— whether or not a road is a State-controlled road under the Transport Infrastructure Act 1994 ; and whether or not the Land Act 1994 applies to a road.\n- (a) whether or not a road is a State-controlled road under the Transport Infrastructure Act 1994 ; and\n- (b) whether or not the Land Act 1994 applies to a road.","sortOrder":136},{"sectionNumber":"sec.107","sectionType":"section","heading":"Power to vest land in permanently closed road or unallocated State land in reconstruction areas","content":"### sec.107 Power to vest land in permanently closed road or unallocated State land in reconstruction areas\n\nThe Authority may, by gazette notice, declare that any of the following land in a reconstruction area is vested, in fee simple, in the authority—\nland that comprised a road under the Land Act 1994 that has been permanently closed under section 106 ;\nunallocated State land under the Land Act 1994 .\nThe chief executive of the department in which the Land Act 1994 is administered must, under that Act, register the vesting if the authority lodges in the land registry under that Act—\na request under that Act to register the vesting; and\nif that chief executive so requires—a plan of subdivision under that Act for the land the subject of the vesting; and\na copy of the gazette notice.\nOn the registration of the request to vest, the Governor in Council may issue to the authority a deed of grant under the Land Act 1994 for the land the subject of the vesting.\nDespite the Land Act 1994 and the Land Title Act 1994 , no fee is payable by the authority in relation to the registration of the vesting or to give effect to it.\n(sec.107-ssec.1) The Authority may, by gazette notice, declare that any of the following land in a reconstruction area is vested, in fee simple, in the authority— land that comprised a road under the Land Act 1994 that has been permanently closed under section 106 ; unallocated State land under the Land Act 1994 .\n(sec.107-ssec.2) The chief executive of the department in which the Land Act 1994 is administered must, under that Act, register the vesting if the authority lodges in the land registry under that Act— a request under that Act to register the vesting; and if that chief executive so requires—a plan of subdivision under that Act for the land the subject of the vesting; and a copy of the gazette notice.\n(sec.107-ssec.3) On the registration of the request to vest, the Governor in Council may issue to the authority a deed of grant under the Land Act 1994 for the land the subject of the vesting.\n(sec.107-ssec.4) Despite the Land Act 1994 and the Land Title Act 1994 , no fee is payable by the authority in relation to the registration of the vesting or to give effect to it.\n- (a) land that comprised a road under the Land Act 1994 that has been permanently closed under section 106 ;\n- (b) unallocated State land under the Land Act 1994 .\n- (a) a request under that Act to register the vesting; and\n- (b) if that chief executive so requires—a plan of subdivision under that Act for the land the subject of the vesting; and\n- (c) a copy of the gazette notice.","sortOrder":137},{"sectionNumber":"sec.108","sectionType":"section","heading":"Giving information about roads to relevant local government","content":"### sec.108 Giving information about roads to relevant local government\n\nThis section applies if the authority performs a function or exercises a power relating to a road or former road in a reconstruction area.\nThe authority must give the relevant local government the information the authority has to allow the local government to comply with its obligation for its map and register of roads under the Local Government Act 2009 , section 74 .\n(sec.108-ssec.1) This section applies if the authority performs a function or exercises a power relating to a road or former road in a reconstruction area.\n(sec.108-ssec.2) The authority must give the relevant local government the information the authority has to allow the local government to comply with its obligation for its map and register of roads under the Local Government Act 2009 , section 74 .","sortOrder":138},{"sectionNumber":"pt.7-div.4","sectionType":"division","heading":"Application of other laws","content":"## Application of other laws","sortOrder":139},{"sectionNumber":"sec.109","sectionType":"section","heading":"Application of State Development Act , pt 7","content":"### sec.109 Application of State Development Act , pt 7\n\nThe State Development Act , sections 154 to 156 apply in relation to works undertaken by the authority or chief executive officer as if—\na reference in section 154 or 155 to the Coordinator-General included a reference to the authority or chief executive officer; and\nthe reference in section 155 to ‘or the Coordinator-General’s delegate’ were omitted.\n- (a) a reference in section 154 or 155 to the Coordinator-General included a reference to the authority or chief executive officer; and\n- (b) the reference in section 155 to ‘or the Coordinator-General’s delegate’ were omitted.","sortOrder":140},{"sectionNumber":"sec.110","sectionType":"section","heading":"Application of Planning Act","content":"### sec.110 Application of Planning Act\n\nDespite the Planning Act , section 7 (1) , that Act does not bind the authority or chief executive officer in relation to the authority’s or chief executive officer’s functions or powers under this Act.\ns 110 amd 2016 No. 27 s 419","sortOrder":141},{"sectionNumber":"pt.8","sectionType":"part","heading":"Direction to take action about local planning instruments","content":"# Direction to take action about local planning instruments","sortOrder":142},{"sectionNumber":"sec.111","sectionType":"section","heading":"Procedures before exercising particular power","content":"### sec.111 Procedures before exercising particular power\n\nBefore a power is exercised under section 112 , the Minister must give notice of the proposed exercise of the power to the local government to be affected by the exercise of the power.\nHowever, notice need not be given if the power is proposed to be exercised at the local government’s request.\nThe notice must state—\nthe reasons for the proposed exercise of the power; and\na period within which the local government may make submissions to the Minister about the proposed exercise of the power.\nThe Minister must consider any submissions made under subsection (3) and advise the local government that the Minister has decided—\nnot to exercise the power; or\nto exercise the power.\nIf the Minister decides to exercise the power, the Minister must advise the local government the reasons for deciding to exercise the power.\n(sec.111-ssec.1) Before a power is exercised under section 112 , the Minister must give notice of the proposed exercise of the power to the local government to be affected by the exercise of the power.\n(sec.111-ssec.2) However, notice need not be given if the power is proposed to be exercised at the local government’s request.\n(sec.111-ssec.3) The notice must state— the reasons for the proposed exercise of the power; and a period within which the local government may make submissions to the Minister about the proposed exercise of the power.\n(sec.111-ssec.4) The Minister must consider any submissions made under subsection (3) and advise the local government that the Minister has decided— not to exercise the power; or to exercise the power.\n(sec.111-ssec.5) If the Minister decides to exercise the power, the Minister must advise the local government the reasons for deciding to exercise the power.\n- (a) the reasons for the proposed exercise of the power; and\n- (b) a period within which the local government may make submissions to the Minister about the proposed exercise of the power.\n- (a) not to exercise the power; or\n- (b) to exercise the power.","sortOrder":143},{"sectionNumber":"sec.112","sectionType":"section","heading":"Power of Minister to direct local government to take particular action about local planning instrument","content":"### sec.112 Power of Minister to direct local government to take particular action about local planning instrument\n\nThis section applies if the Minister is satisfied it is necessary to give a direction to a local government to ensure the main purpose of this Act is achieved.\nThe Minister may direct the local government to take an action in relation to—\na local planning instrument; or\na proposed local planning instrument; or\na proposed amendment of a local planning instrument.\nThe direction may be as general or specific as the Minister considers appropriate and must state the reasonable period within which the local government must comply with the direction.\nWithout limiting subsection (2) , the direction may require the local government to—\nreview its planning scheme; or\nmake a planning scheme or amend its planning scheme; or\nmake, amend or repeal a temporary local planning instrument; or\nmake, amend or repeal a planning scheme policy.\nIn this section—\nplanning scheme means a planning scheme under the Planning Act .\nplanning scheme policy means a planning scheme policy under the Planning Act .\ntemporary local planning instrument means a temporary local planning instrument under the Planning Act .\ns 112 amd 2016 No. 27 s 420\n(sec.112-ssec.1) This section applies if the Minister is satisfied it is necessary to give a direction to a local government to ensure the main purpose of this Act is achieved.\n(sec.112-ssec.2) The Minister may direct the local government to take an action in relation to— a local planning instrument; or a proposed local planning instrument; or a proposed amendment of a local planning instrument.\n(sec.112-ssec.3) The direction may be as general or specific as the Minister considers appropriate and must state the reasonable period within which the local government must comply with the direction.\n(sec.112-ssec.4) Without limiting subsection (2) , the direction may require the local government to— review its planning scheme; or make a planning scheme or amend its planning scheme; or make, amend or repeal a temporary local planning instrument; or make, amend or repeal a planning scheme policy.\n(sec.112-ssec.5) In this section— planning scheme means a planning scheme under the Planning Act . planning scheme policy means a planning scheme policy under the Planning Act . temporary local planning instrument means a temporary local planning instrument under the Planning Act .\n- (a) a local planning instrument; or\n- (b) a proposed local planning instrument; or\n- (c) a proposed amendment of a local planning instrument.\n- (a) review its planning scheme; or\n- (b) make a planning scheme or amend its planning scheme; or\n- (c) make, amend or repeal a temporary local planning instrument; or\n- (d) make, amend or repeal a planning scheme policy.","sortOrder":144},{"sectionNumber":"sec.113","sectionType":"section","heading":"Power of Minister if local government does not comply with direction","content":"### sec.113 Power of Minister if local government does not comply with direction\n\nIf the local government does not comply with the Minister’s direction under section 112 within the reasonable period stated in the notice, the Minister may take the action the Minister directed the local government to take.\nAnything done by the Minister under subsection (1) is taken to have been done by the local government and has the same effect as it would have if the local government had done it.\nAn expense reasonably incurred by the Minister in taking an action under subsection (1) may be recovered from the local government as a debt owing to the State.\n(sec.113-ssec.1) If the local government does not comply with the Minister’s direction under section 112 within the reasonable period stated in the notice, the Minister may take the action the Minister directed the local government to take.\n(sec.113-ssec.2) Anything done by the Minister under subsection (1) is taken to have been done by the local government and has the same effect as it would have if the local government had done it.\n(sec.113-ssec.3) An expense reasonably incurred by the Minister in taking an action under subsection (1) may be recovered from the local government as a debt owing to the State.","sortOrder":145},{"sectionNumber":"sec.114","sectionType":"section","heading":"Minister to give notice of direction","content":"### sec.114 Minister to give notice of direction\n\nIf the Minister gives a local government a direction under section 112 , the Minister must ensure a copy of the direction is given to the chief executive of the department in which the Planning Act is administered.\ns 114 amd 2016 No. 27 s 421","sortOrder":146},{"sectionNumber":"pt.9","sectionType":"part","heading":"General offence provisions and legal proceedings","content":"# General offence provisions and legal proceedings","sortOrder":147},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":148},{"sectionNumber":"sec.115","sectionType":"section","heading":"Duty to act honestly","content":"### sec.115 Duty to act honestly\n\nThis section applies to a person who is a member of the board or an officer of the authority.\nThe person must at all times act honestly in the exercise of the person’s powers and the performance of the person’s functions.\nMaximum penalty—200 penalty units.\n(sec.115-ssec.1) This section applies to a person who is a member of the board or an officer of the authority.\n(sec.115-ssec.2) The person must at all times act honestly in the exercise of the person’s powers and the performance of the person’s functions. Maximum penalty—200 penalty units.","sortOrder":149},{"sectionNumber":"sec.116","sectionType":"section","heading":"Disclosure of information","content":"### sec.116 Disclosure of information\n\nA person must not disclose information obtained in the administration of this Act, or another Act giving functions to the authority, unless the disclosure is made—\nwith the agreement of the person from whom the information was obtained; or\nfor the administration of this Act or another Act giving functions to the authority; or\nin legal proceedings; or\nunder the Crime and Corruption Act 2001 or the Ombudsman Act 2001 ; or\nwith another lawful excuse.\nMaximum penalty—100 penalty units.\ns 116 amd 2014 No. 21 s 94 (2) sch 2\n- (a) with the agreement of the person from whom the information was obtained; or\n- (b) for the administration of this Act or another Act giving functions to the authority; or\n- (c) in legal proceedings; or\n- (d) under the Crime and Corruption Act 2001 or the Ombudsman Act 2001 ; or\n- (e) with another lawful excuse.","sortOrder":150},{"sectionNumber":"sec.117","sectionType":"section","heading":"False or misleading information","content":"### sec.117 False or misleading information\n\nA person must not, for the purposes of this Act, state anything the person knows is false or misleading in a material particular.\nMaximum penalty—200 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.\n(sec.117-ssec.1) A person must not, for the purposes of this Act, state anything the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units.\n(sec.117-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state that the statement made was false or misleading to the person’s knowledge.","sortOrder":151},{"sectionNumber":"sec.118","sectionType":"section","heading":"False or misleading documents","content":"### sec.118 False or misleading documents\n\nA person must not, for the purposes of this Act, give the authority a document containing information the person knows is false, misleading or incomplete in a material particular.\nMaximum penalty—200 penalty units.\nIt is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.\n(sec.118-ssec.1) A person must not, for the purposes of this Act, give the authority a document containing information the person knows is false, misleading or incomplete in a material particular. Maximum penalty—200 penalty units.\n(sec.118-ssec.2) It is enough for a complaint against a person for an offence against subsection (1) to state that the document was false, misleading or incomplete to the person’s knowledge.","sortOrder":152},{"sectionNumber":"sec.119","sectionType":"section","heading":"Obstructing authorised person","content":"### sec.119 Obstructing authorised person\n\nA person must not obstruct an authorised person who is exercising a power under this Act, unless the person has a reasonable excuse.\nMaximum penalty—100 penalty units.\nIn this section—\nobstruct includes hinder and attempt to obstruct or hinder.\n(sec.119-ssec.1) A person must not obstruct an authorised person who is exercising a power under this Act, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.119-ssec.2) In this section— obstruct includes hinder and attempt to obstruct or hinder.","sortOrder":153},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Legal proceedings","content":"## Legal proceedings","sortOrder":154},{"sectionNumber":"sec.120","sectionType":"section","heading":"Application of sdiv 1","content":"### sec.120 Application of sdiv 1\n\nThis subdivision applies to a proceeding under this Act.","sortOrder":155},{"sectionNumber":"sec.121","sectionType":"section","heading":"Appointments and authority","content":"### sec.121 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of—\nthe chairperson; or\nan authorised person;\nthe authority of a person to do anything under this Act.\n- (a) the appointment of— (i) the chairperson; or (ii) an authorised person;\n- (i) the chairperson; or\n- (ii) an authorised person;\n- (b) the authority of a person to do anything under this Act.\n- (i) the chairperson; or\n- (ii) an authorised person;","sortOrder":156},{"sectionNumber":"sec.122","sectionType":"section","heading":"Signatures","content":"### sec.122 Signatures\n\nA signature purporting to be the signature of the chairperson or the chief executive officer is evidence of the signature it purports to be.","sortOrder":157},{"sectionNumber":"sec.123","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.123 Other evidentiary aids\n\nIn a proceeding, a certificate purporting to be that of the chief executive officer stating any of the following matters is evidence of the matter—\na stated document is an appointment or notice made or given under this Act;\na stated document is a document given to the authority or chief executive officer;\na stated document is a copy of a document mentioned in paragraph (a) or (b) .\nA statement in a complaint for an offence against this Act that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n(sec.123-ssec.1) In a proceeding, a certificate purporting to be that of the chief executive officer stating any of the following matters is evidence of the matter— a stated document is an appointment or notice made or given under this Act; a stated document is a document given to the authority or chief executive officer; a stated document is a copy of a document mentioned in paragraph (a) or (b) .\n(sec.123-ssec.2) A statement in a complaint for an offence against this Act that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.\n- (a) a stated document is an appointment or notice made or given under this Act;\n- (b) a stated document is a document given to the authority or chief executive officer;\n- (c) a stated document is a copy of a document mentioned in paragraph (a) or (b) .","sortOrder":158},{"sectionNumber":"sec.124","sectionType":"section","heading":"Summary offences","content":"### sec.124 Summary offences\n\nAn offence against this Act is a summary offence.","sortOrder":159},{"sectionNumber":"sec.125","sectionType":"section","heading":"Limitation on time for starting proceeding for summary offence","content":"### sec.125 Limitation on time for starting proceeding for summary offence\n\nA summary proceeding under the Justices Act 1886 for a summary offence must start within whichever is the longer of the following—\n1 year after the commission of the offence;\n6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.\n- (a) 1 year after the commission of the offence;\n- (b) 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.","sortOrder":160},{"sectionNumber":"pt.10","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":161},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Duty to cooperate and requesting information","content":"## Duty to cooperate and requesting information","sortOrder":162},{"sectionNumber":"sec.126","sectionType":"section","heading":"Extension of duty to cooperate under State Development Act , s 13","content":"### sec.126 Extension of duty to cooperate under State Development Act , s 13\n\nThis section applies to an entity on whom a duty is imposed, under the State Development Act , section 13 (1) , to cooperate with the Coordinator-General in the performance of the Coordinator-General’s functions and duties under that Act.\nThe entity is also taken to be subject to a duty to cooperate with the authority in the performance of the authority’s functions and the exercise of its powers under this Act.\nThe State Development Act , section 13 (2) applies to the entity as if—\na reference in the subsection to the Coordinator-General were a reference to the authority; and\nthe reference in section 13 (2) (b) to ‘the State or within any area over which the State claims jurisdiction’ were a reference to a reconstruction area; and\nthe reference in section 13 (2) (c) to the functions or duties of the Coordinator-General were a reference to the functions or powers of the authority.\n(sec.126-ssec.1) This section applies to an entity on whom a duty is imposed, under the State Development Act , section 13 (1) , to cooperate with the Coordinator-General in the performance of the Coordinator-General’s functions and duties under that Act.\n(sec.126-ssec.2) The entity is also taken to be subject to a duty to cooperate with the authority in the performance of the authority’s functions and the exercise of its powers under this Act.\n(sec.126-ssec.3) The State Development Act , section 13 (2) applies to the entity as if— a reference in the subsection to the Coordinator-General were a reference to the authority; and the reference in section 13 (2) (b) to ‘the State or within any area over which the State claims jurisdiction’ were a reference to a reconstruction area; and the reference in section 13 (2) (c) to the functions or duties of the Coordinator-General were a reference to the functions or powers of the authority.\n- (a) a reference in the subsection to the Coordinator-General were a reference to the authority; and\n- (b) the reference in section 13 (2) (b) to ‘the State or within any area over which the State claims jurisdiction’ were a reference to a reconstruction area; and\n- (c) the reference in section 13 (2) (c) to the functions or duties of the Coordinator-General were a reference to the functions or powers of the authority.","sortOrder":163},{"sectionNumber":"sec.127","sectionType":"section","heading":"Information requirement made by authority—general","content":"### sec.127 Information requirement made by authority—general\n\nThe authority may, by notice, ask a relevant entity or other person to give the authority information, other than personal information, in the entity’s or person’s possession or control that the authority reasonably requires for the effective and efficient carrying out of the authority’s functions.\nIf the authority asks an entity or other person for information under this section, the entity or person must comply with the request.\nMaximum penalty—100 penalty units.\nFor subsection (1) , information is not taken to be in the entity’s or person’s control merely because of an agreement between the entity or person (the first person ) and anyone else (the second person ) under which the second person must give the information to the first person.\nThis section does not limit section 126 .\nIn this section—\npersonal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion.\nrelevant entity means a government entity, GOC or local government.\n(sec.127-ssec.1) The authority may, by notice, ask a relevant entity or other person to give the authority information, other than personal information, in the entity’s or person’s possession or control that the authority reasonably requires for the effective and efficient carrying out of the authority’s functions.\n(sec.127-ssec.2) If the authority asks an entity or other person for information under this section, the entity or person must comply with the request. Maximum penalty—100 penalty units.\n(sec.127-ssec.3) For subsection (1) , information is not taken to be in the entity’s or person’s control merely because of an agreement between the entity or person (the first person ) and anyone else (the second person ) under which the second person must give the information to the first person.\n(sec.127-ssec.4) This section does not limit section 126 .\n(sec.127-ssec.5) In this section— personal information means information or an opinion, including information or an opinion forming part of a database, whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion. relevant entity means a government entity, GOC or local government.","sortOrder":164},{"sectionNumber":"sec.128","sectionType":"section","heading":"Information requirement made by authority—prescribed decisions","content":"### sec.128 Information requirement made by authority—prescribed decisions\n\nThe authority may ask a relevant person for a prescribed decision to give the authority information it reasonably requires—\nto decide whether to give a progression notice, a notice to decide or a step-in notice for the decision; or\nto make an assessment and a decision about the prescribed decision under this Act; or\nto undertake a prescribed process.\nThe relevant person must comply with a request under subsection (1) .\nThis section does not limit section 126 .\nIn this section—\nrelevant person , for a prescribed decision, means the applicant for the decision or another entity the authority reasonably considers has information that may help it act on the matters mentioned in subsection (1) (a) or (b) .\n(sec.128-ssec.1) The authority may ask a relevant person for a prescribed decision to give the authority information it reasonably requires— to decide whether to give a progression notice, a notice to decide or a step-in notice for the decision; or to make an assessment and a decision about the prescribed decision under this Act; or to undertake a prescribed process.\n(sec.128-ssec.2) The relevant person must comply with a request under subsection (1) .\n(sec.128-ssec.3) This section does not limit section 126 .\n(sec.128-ssec.4) In this section— relevant person , for a prescribed decision, means the applicant for the decision or another entity the authority reasonably considers has information that may help it act on the matters mentioned in subsection (1) (a) or (b) .\n- (a) to decide whether to give a progression notice, a notice to decide or a step-in notice for the decision; or\n- (b) to make an assessment and a decision about the prescribed decision under this Act; or\n- (c) to undertake a prescribed process.","sortOrder":165},{"sectionNumber":"sec.129","sectionType":"section","heading":"Giving of information protected","content":"### sec.129 Giving of information protected\n\nThis section applies if a person, acting honestly, gives information or a record (the information ) to the authority—\nin compliance with this division; or\notherwise under this Act.\nThe person is not liable, civilly, criminally or under an administrative process, for giving the information.\nAlso, merely because the person gives the information, the person can not be held to have—\nbreached any code of professional etiquette or ethics; or\ndeparted from accepted standards of professional conduct.\n(sec.129-ssec.1) This section applies if a person, acting honestly, gives information or a record (the information ) to the authority— in compliance with this division; or otherwise under this Act.\n(sec.129-ssec.2) The person is not liable, civilly, criminally or under an administrative process, for giving the information.\n(sec.129-ssec.3) Also, merely because the person gives the information, the person can not be held to have— breached any code of professional etiquette or ethics; or departed from accepted standards of professional conduct.\n- (a) in compliance with this division; or\n- (b) otherwise under this Act.\n- (a) breached any code of professional etiquette or ethics; or\n- (b) departed from accepted standards of professional conduct.","sortOrder":166},{"sectionNumber":"sec.130","sectionType":"section","heading":"Interaction with other laws","content":"### sec.130 Interaction with other laws\n\nThis division does not limit a power or obligation under another Act or law to give information.\nThis division applies to information despite any other law that would otherwise prohibit or restrict the giving of the information.\n(sec.130-ssec.1) This division does not limit a power or obligation under another Act or law to give information.\n(sec.130-ssec.2) This division applies to information despite any other law that would otherwise prohibit or restrict the giving of the information.","sortOrder":167},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":null,"content":"","sortOrder":168},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 om 2019 No. 11 s 231 s ch 1 pt 1","sortOrder":169},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Other miscellaneous provisions","content":"## Other miscellaneous provisions","sortOrder":170},{"sectionNumber":"sec.132","sectionType":"section","heading":"Delegations","content":"### sec.132 Delegations\n\nThe chief executive officer may delegate the officer’s functions under this Act to any of the following persons who is appropriately qualified—\na person appointed under section 24 ;\na person employed by the authority under section 26 ;\na person whose services are made available to the authority under section 27 (1) ;\na senior executive under the Public Sector Act 2022 .\nIn this section—\nappropriately qualified includes having qualifications, experience or standing appropriate for the function.\nfunctions includes powers.\ns 132 amd 2022 No. 34 s 365 sch 3 ; 2024 No. 22 s 89 , s 92 sch 1 (amdt 3 could not be given effect)\n(sec.132-ssec.1) The chief executive officer may delegate the officer’s functions under this Act to any of the following persons who is appropriately qualified— a person appointed under section 24 ; a person employed by the authority under section 26 ; a person whose services are made available to the authority under section 27 (1) ; a senior executive under the Public Sector Act 2022 .\n(sec.132-ssec.2) In this section— appropriately qualified includes having qualifications, experience or standing appropriate for the function. functions includes powers.\n- (a) a person appointed under section 24 ;\n- (b) a person employed by the authority under section 26 ;\n- (c) a person whose services are made available to the authority under section 27 (1) ;\n- (d) a senior executive under the Public Sector Act 2022 .","sortOrder":171},{"sectionNumber":"sec.133","sectionType":"section","heading":"Protecting officials from liability","content":"### sec.133 Protecting officials from liability\n\nAn official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means any of the following when performing a function or exercising a power under this Act—\nthe Minister;\na member of the board;\nan authorised person or another officer of the authority.\n(sec.133-ssec.1) An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.\n(sec.133-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.133-ssec.3) In this section— official means any of the following when performing a function or exercising a power under this Act— the Minister; a member of the board; an authorised person or another officer of the authority.\n- (a) the Minister;\n- (b) a member of the board;\n- (c) an authorised person or another officer of the authority.","sortOrder":172},{"sectionNumber":"sec.134","sectionType":"section","heading":"Ministerial access to information","content":"### sec.134 Ministerial access to information\n\nThe Minister may by notice require the authority to give the Minister stated information or stated documents, or copies of documents, in the authority’s possession.\nThe authority must comply with the requirement.\n(sec.134-ssec.1) The Minister may by notice require the authority to give the Minister stated information or stated documents, or copies of documents, in the authority’s possession.\n(sec.134-ssec.2) The authority must comply with the requirement.","sortOrder":173},{"sectionNumber":"sec.135","sectionType":"section","heading":"Authority’s guidelines","content":"### sec.135 Authority’s guidelines\n\nThe authority may make guidelines (each an authority guideline ), consistent with this Act, to provide guidance to persons about matters relating to the operation of the Act or the authority.\nAn authority guideline may be amended or replaced by a later guideline made under this section.\nThe authority must—\ngive a copy of an authority guideline to a person on request; and\nkeep a copy of each guideline on the authority’s website.\n(sec.135-ssec.1) The authority may make guidelines (each an authority guideline ), consistent with this Act, to provide guidance to persons about matters relating to the operation of the Act or the authority.\n(sec.135-ssec.2) An authority guideline may be amended or replaced by a later guideline made under this section.\n(sec.135-ssec.3) The authority must— give a copy of an authority guideline to a person on request; and keep a copy of each guideline on the authority’s website.\n- (a) give a copy of an authority guideline to a person on request; and\n- (b) keep a copy of each guideline on the authority’s website.","sortOrder":174},{"sectionNumber":"sec.136","sectionType":"section","heading":"Application of provisions","content":"### sec.136 Application of provisions\n\nThis section applies if a provision of this Act applies to another law, or a provision of another law, (each the applied law ) for a purpose.\nThe applied law and any definition relevant to it apply with necessary changes.\nSubsection (2) is not limited merely because a provision states how the applied law is to apply.\n(sec.136-ssec.1) This section applies if a provision of this Act applies to another law, or a provision of another law, (each the applied law ) for a purpose.\n(sec.136-ssec.2) The applied law and any definition relevant to it apply with necessary changes.\n(sec.136-ssec.3) Subsection (2) is not limited merely because a provision states how the applied law is to apply.","sortOrder":175},{"sectionNumber":"sec.137","sectionType":"section","heading":"Approved forms","content":"### sec.137 Approved forms\n\nThe authority may approve forms for use under this Act.","sortOrder":176},{"sectionNumber":"sec.138","sectionType":"section","heading":"Regulation-making power","content":"### sec.138 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 contravention of a regulation.\n(sec.138-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.138-ssec.2) A regulation may impose a penalty of no more than 20 penalty units for contravention of a regulation.","sortOrder":177},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provisions for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":178},{"sectionNumber":"sec.139","sectionType":"section","heading":"Definitions for part","content":"### sec.139 Definitions for part\n\nIn this part—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act.\nrepealed Planning Act means the repealed Sustainable Planning Act 2009 .\ns 139 prev s 139 amd 2012 No. 43 s 250 ; 2013 No. 1 s 6\nom 2015 No. 6 s 25\npres s 139 ins 2016 No. 27 s 422","sortOrder":179},{"sectionNumber":"sec.140","sectionType":"section","heading":"Existing particular development applications","content":"### sec.140 Existing particular development applications\n\nThis section applies to an existing development application mentioned in former section 79.\nThe pre-amended Act continues to apply in relation to the application as if the amending Act had not been enacted.\nIn this section—\nexisting development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.\npre-amended Act means this Act as in force immediately before the commencement.\ns 140 ins 2016 No. 27 s 422\n(sec.140-ssec.1) This section applies to an existing development application mentioned in former section 79.\n(sec.140-ssec.2) The pre-amended Act continues to apply in relation to the application as if the amending Act had not been enacted.\n(sec.140-ssec.3) In this section— existing development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies. pre-amended Act means this Act as in force immediately before the commencement.","sortOrder":180},{"sectionNumber":"sec.141","sectionType":"section","heading":"Existing particular requests for compliance assessment","content":"### sec.141 Existing particular requests for compliance assessment\n\nSubsection (2) applies to an existing request for compliance assessment of development mentioned in former section 84(a).\nFormer section 87 continues to apply for assessing the development as if the amending Act had not been enacted.\nSubsection (4) applies to an existing request for compliance assessment of a document or work mentioned in former section 84(b).\nFormer sections 86 and 87 continue to apply for assessing the document or work as if the amending Act had not been enacted.\nIn this section—\nexisting request for compliance assessment means a request for compliance assessment made under the repealed Planning Act, to which the Planning Act, section 288 applies.\ns 141 ins 2016 No. 27 s 422\n(sec.141-ssec.1) Subsection (2) applies to an existing request for compliance assessment of development mentioned in former section 84(a).\n(sec.141-ssec.2) Former section 87 continues to apply for assessing the development as if the amending Act had not been enacted.\n(sec.141-ssec.3) Subsection (4) applies to an existing request for compliance assessment of a document or work mentioned in former section 84(b).\n(sec.141-ssec.4) Former sections 86 and 87 continue to apply for assessing the document or work as if the amending Act had not been enacted.\n(sec.141-ssec.5) In this section— existing request for compliance assessment means a request for compliance assessment made under the repealed Planning Act, to which the Planning Act, section 288 applies.","sortOrder":181}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act originated in response to the 2010-2011 Queensland floods as an emergency recovery measure. Amendments in 2013 and 2019 significantly broadened its scope beyond post-disaster recovery to include proactive disaster resilience, mitigation of potential future disasters, and community 'betterment' (rebuilding to a higher standard than before). What began as a reactive recovery body has evolved into a permanent standing agency with ongoing pre-disaster planning and resilience functions, substantially expanding its original reactive mandate."},"complexity_factors":["Multiple interlocking governance structures (QRA, Board, CEO, Minister) with overlapping functions and powers","Interaction with numerous other Acts (Planning Act, Financial Accountability Act, Crime and Corruption Act, Statutory Bodies Financial Arrangements Act, Judicial Review Act, City of Brisbane Act, Local Government Act, Public Sector Act) requiring cross-referencing","Cascading notice and step-in powers (progression notice → notice to decide → step-in notice) with precise procedural requirements and timelines","Land acquisition regime with registration obligations affecting private property rights in ways not immediately obvious to landowners","Override of normal appeal and review rights without explicit alternative remedy pathways","Distinction between 'declared projects' (gazette notice by Minister) and 'reconstruction areas' (regulation by Governor in Council) creates parallel but different regimes","Technical planning law concepts (assessment manager, referral agency, development approval, change application, development assessment rules) that require familiarity with the Planning Act to understand","Complex employment arrangements involving multiple categories of staff with different entitlements and protections"],"plain_english_summary":"## Queensland Reconstruction Authority Act 2011 — What It Does and Why It Matters\n\n### What is this law about?\nThis Act creates the **Queensland Reconstruction Authority (QRA)** — a permanent government body responsible for helping Queensland communities **recover from disasters** (like floods, cyclones, or bushfires) and **build resilience** to reduce the impact of future disasters.\n\n### Who does it affect?\n- **Queensland residents and communities** hit by disasters — the QRA coordinates rebuilding, financial assistance, and infrastructure repair on your behalf\n- **Landowners** in declared disaster zones — your land may be subject to special restrictions, including being designated \"acquisition land\" (meaning you can only sell it to the government or local council, and they may be required to buy it from you)\n- **Local governments (councils)** — the QRA can override or take over council planning decisions in disaster-affected areas\n- **Developers and applicants** seeking approvals in disaster-affected areas — the QRA can speed up, take over, or overturn approval decisions\n- **All levels of government** — the Act binds the State, and to the extent legally possible, the Commonwealth and other States\n\n### Key things it does:\n\n**1. Creates the QRA**\nA statutory body (a government agency created by law) that coordinates disaster recovery across Queensland. It can enter contracts, own property, hire staff, and distribute financial assistance.\n\n**2. Creates the Queensland Reconstruction Board**\nAn oversight board (including representatives from the Commonwealth government and local government associations) that sets strategic priorities for the QRA, meets at least 8 times per year, and reports to the Minister quarterly.\n\n**3. Declared Projects and Reconstruction Areas**\nThe Minister can designate specific projects or geographic areas as \"declared projects\" or \"reconstruction areas\" when they are affected by a disaster. This triggers special powers for the QRA to fast-track or override normal planning and development approval processes.\n\n**4. \"Acquisition Land\" — A significant power affecting landowners**\nIn a declared reconstruction area, the government can designate your land as \"acquisition land.\" This means:\n- You **cannot sell** your land to anyone other than the QRA or your local council\n- The QRA or council **may be required to buy** your land from you\n- This will appear on your land title (shown in the land register so anyone searching your property title will see it)\n\n**5. Override of planning approvals (\"step-in\" powers)**\nIf a council or other body is too slow — or makes a decision the QRA disagrees with — the QRA can:\n- Issue a \"progression notice\" requiring a decision within a set timeframe\n- Issue a \"notice to decide\" requiring a formal decision within at least 20 working days\n- Issue a \"step-in notice\" (with Ministerial approval) to **take over** the decision-making entirely — overriding the council, cancelling any existing appeals, and making the final call\n\n**6. Critical Infrastructure Projects**\nIf a project is declared \"critical infrastructure,\" further special rules apply that limit judicial review (the ability to challenge government decisions in court).\n\n**7. Ministerial oversight**\nThe Minister can direct the QRA in writing on how to perform its functions. These directions must be disclosed in the QRA's annual report.\n\n### Why does this matter to you?\nIf you **own land** in a disaster-affected area in Queensland, your property rights could be significantly affected — including restrictions on who you can sell to. If you are a **developer or business** seeking approvals in those areas, normal timelines and appeal rights may be shortened or removed. If you are an **affected resident**, this law is designed to ensure coordinated government help reaches you faster."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4(1) and sec.4(2)","severity":"medium","reasoning":"Binding 'all persons including the State' while simultaneously providing that nothing makes the State liable to prosecution creates a toothless obligation on the State. If the State cannot be prosecuted for any offence under the Act, the practical effect of 'binding' the State is largely illusory for any provision creating an offence.","confidence":0.75,"description":"The Act purports to bind the State in subsection (1) but immediately immunises the State from prosecution in subsection (2). The State is bound by the Act in name only, with no meaningful enforcement mechanism against it."},{"type":"self_contradicting","section":"sec.8(1) and sec.8(2)","severity":"medium","reasoning":"If the authority represents the State and holds State immunities, and the State cannot be prosecuted under sec.4(2), it creates a logical chain where the authority is also beyond prosecution, contradicting any supervisory or enforcement intent in the Act.","confidence":0.65,"description":"The authority both 'represents the State' and has the 'status, privileges and immunities of the State', yet elsewhere (sec.4(2)) the State cannot be prosecuted for offences. This means the authority, as a representative of the State with State immunities, may also be effectively immune from prosecution, undermining any accountability mechanism."},{"type":"circular_definition","section":"sec.13","severity":"low","reasoning":"Defining a statutory body solely by reference to its own staff conflates the institution with its personnel. When sec.18 says the CEO ensures 'the authority performs its functions', and the authority is the CEO plus staff, this is effectively the CEO ensuring the CEO (and colleagues) perform functions — a recursive loop.","confidence":0.6,"description":"The 'authority' is defined as consisting of the chief executive officer and 'the other staff'. This means the authority — the legal entity established under sec.7 — is defined purely by its personnel, creating a situation where the authority and its staff are effectively the same thing, making it conceptually circular when the Act refers to the authority employing or managing its own members."},{"type":"other","section":"sec.19","severity":"low","reasoning":"While not strictly impossible to comply with, requiring board approval for the CEO's outside employment when the board's statutory role is to oversee the authority's operations (not personnel matters of the CEO) reflects a governance oddity. The board is a separate oversight body, not an employer of the CEO — the Governor in Council appoints and sets conditions for the CEO under ss.14 and 20.","confidence":0.55,"description":"The chief executive officer requires approval from the board to engage in outside paid employment, but the CEO is a member of the authority (sec.13) and the board oversees the authority (sec.29(c)). The board thus controls the CEO's private employment arrangements, creating an unusual governance relationship where a supervisory body controls an executive's private life activities."},{"type":"other","section":"sec.21(2)","severity":"low","reasoning":"Listing specific grounds for vacation (conviction, insolvency, etc.) alongside an unlimited removal power creates a redundancy. The structured grounds in sec.21(1) imply procedural protections or predictability, but sec.21(2) completely negates this by allowing removal for no reason at all.","confidence":0.7,"description":"The Governor in Council may remove the chief executive officer 'for any reason or none', yet sec.21(1) lists specific grounds for vacation of office. The existence of an unfettered removal power renders the specific grounds in sec.21(1) largely superfluous, as removal can always occur arbitrarily under sec.21(2)."},{"type":"self_contradicting","section":"sec.38(4) and sec.38(6)","severity":"medium","reasoning":"If the board has, say, 6 members, a meeting resolution requires 4 votes (majority of those present, assuming all present). A circular resolution requires only 3 (half of 6). This means the out-of-meeting circular resolution mechanism has a lower bar than an in-meeting vote, potentially allowing resolutions that would fail at a proper meeting to pass via the circular route.","confidence":0.72,"description":"Decisions at meetings require a 'majority of votes of members present', but circular resolutions under sec.38(6) require only 'at least half the members' to give written agreement. A resolution requiring only half (50%) the members is a lower threshold than a majority (>50%) required at meetings, creating an inconsistency where it is easier to pass a resolution outside a meeting than within one."},{"type":"self_contradicting","section":"sec.40(5) and sec.40(6)","severity":"medium","reasoning":"If decisions tainted by undisclosed conflicts of interest are not invalidated, the mandatory reconsideration in sec.40(6) lacks teeth. There is no requirement that the reconsideration result in a different outcome, and the conflicted member can presumably participate in the reconsideration since sec.40(6) does not re-apply sec.40(3) exclusions to the reconsideration process itself.","confidence":0.8,"description":"A conflict of interest contravention does not invalidate a board decision (sec.40(5)), yet the board must reconsider any such decision upon becoming aware of the contravention (sec.40(6)). The reconsideration obligation is practically meaningless if the original decision cannot be invalidated — the board may simply reach the same decision upon reconsideration."},{"type":"self_contradicting","section":"sec.52(1) and sec.52(3)","severity":"medium","reasoning":"The word 'despite subsection (1)' in sec.52(3) creates an exception that swallows much of the rule in sec.52(1). A decision-maker who has already made a decision has clearly not been given a progression notice or notice to decide first, yet sec.52(3) allows the step-in mechanism to still apply post-decision. This undermines the procedural logic of the sequential notice system.","confidence":0.78,"description":"Section 52(1) requires that a step-in notice can only be given after a progression notice or notice to decide has been given. However, sec.52(3) expressly allows a step-in notice to be given after a decision has already been made, effectively bypassing the requirement in sec.52(1) for a prior progression/notice-to-decide notice. This creates a pathway that circumvents the sequential procedural safeguard."},{"type":"self_contradicting","section":"sec.56(1)(a)","severity":"high","reasoning":"Under the relevant law, decisions of the decision-maker are normally subject to appeal. By deeming the authority's decision to be the original decision-maker's decision while simultaneously removing all appeal rights, the provision creates a legal fiction that confers the form of a reviewable decision without the substance of review rights. This is a substantive legal absurdity that may raise rule of law concerns.","confidence":0.85,"description":"The authority's decision is deemed to be a decision of the original decision-maker under the relevant law, yet no person may appeal against it under this Act or the relevant law. The fiction that it is the original decision-maker's decision is created solely to provide legal character, while simultaneously stripping all appeal rights that would normally accompany such a decision."}],"contradictions":[{"severity":"medium","section_a":"sec.4(1)","section_b":"sec.4(2)","confidence":0.8,"description":"Section 4(1) binds the State to the Act as if it were any other person, while sec.4(2) immunises the State from prosecution for any offence under the Act. These provisions are in direct tension: binding a party to a law while simultaneously exempting them from its principal enforcement mechanism (criminal prosecution) is internally contradictory."},{"severity":"low","section_a":"sec.10(1)(f)","section_b":"sec.29(a)","confidence":0.6,"description":"Section 10(1)(f) requires the authority to 'put into effect the strategic priorities of the board', while sec.29(a) gives the board the function of 'setting the strategic priorities for the authority'. This creates a circular dependency: the authority must implement what the board decides, and the board decides what the authority must implement, with no mechanism for resolving deadlock or conflict between the two bodies."},{"severity":"low","section_a":"sec.15","section_b":"sec.33(1)(f)","confidence":0.5,"description":"Section 15 prohibits a board member from being appointed as CEO. Section 33(1)(f) provides that a board member's office becomes vacant if they 'become employed by, or become a contractor of, the authority'. Read together, these provisions are consistent in effect but create a redundancy: sec.15 prevents the appointment from occurring in the first place, making sec.33(1)(f)'s vacancy trigger for employment by the authority partially superfluous as applied to the CEO role. However, a board member becoming a contractor of the authority (not CEO) would trigger sec.33(1)(f) with no equivalent prohibition in sec.15, suggesting the drafters intended sec.15 to be broader but left a gap."},{"severity":"medium","section_a":"sec.38(4)","section_b":"sec.38(6)","confidence":0.75,"description":"Section 38(4) requires a majority of votes of members present to decide a question at a meeting. Section 38(6) permits a valid resolution with written agreement from 'at least half' the members without a meeting. 'At least half' can mean exactly 50%, which is not a majority (more than 50%), meaning a lower threshold applies to out-of-meeting resolutions than to in-meeting votes."},{"severity":"medium","section_a":"sec.40(5)","section_b":"sec.40(6)","confidence":0.82,"description":"Section 40(5) states that a contravention of conflict of interest obligations does not invalidate any board decision. Section 40(6) requires the board to reconsider any such tainted decision. These provisions contradict each other in practical effect: if the decision cannot be invalidated (sec.40(5)), the mandatory reconsideration (sec.40(6)) serves no legally enforceable purpose, as any outcome of the reconsideration — including confirming the original decision — is permissible."},{"severity":"medium","section_a":"sec.46(1)","section_b":"sec.46(2)","confidence":0.78,"description":"Section 46(1) states that declaration of a reconstruction area does not affect the operation of the City of Brisbane Act 2010 or Local Government Act 2009 or the jurisdiction of the relevant local government. Section 46(2) immediately qualifies this by making the local government's performance of functions under those Acts subject to the authority's functions and powers under this Act. The guarantee of non-interference in sec.46(1) is substantially undermined by the supremacy of the authority's powers in sec.46(2)."},{"severity":"high","section_a":"sec.52(1)","section_b":"sec.52(3)","confidence":0.85,"description":"Section 52(1) mandates that a step-in notice may only be given after a progression notice or notice to decide has been given. Section 52(3) expressly allows a step-in notice to be given after a decision is already made, with no requirement that a prior progression notice or notice to decide was issued. Section 52(3) therefore directly contradicts and bypasses the precondition established in sec.52(1)."},{"severity":"medium","section_a":"sec.54(1)(a)","section_b":"sec.54(1)(f)","confidence":0.72,"description":"Section 54(1)(a) provides that the authority becomes the decision-maker under the relevant law from the time the step-in notice is given until the authority makes its decision. Section 54(1)(f) states that despite paragraph (a), the authority's decision is taken to be an exercise of a power under this Act (not under the relevant law). The authority thus simultaneously acts under the relevant law (sec.54(1)(a)) and under this Act (sec.54(1)(f)), creating ambiguity as to which legal framework governs and potentially allowing cherry-picking of whichever regime is more convenient."}]},"kimi_summary":{"_metrics":{"completionTokens":648},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2011 disaster recovery focus. Amendments in 2013, 2016, 2019 and 2024 have: (1) added 'betterment' and resilience-building as explicit purposes beyond immediate recovery; (2) integrated with the Planning Act 2016 reforms; (3) expanded the Authority's functions to include flood risk management and warning gauge networks; (4) added Ministerial powers to direct local government planning instruments; and (5) broadened staffing arrangements and delegations. The scope has shifted from reactive disaster response to proactive resilience and infrastructure planning."},"complexity_factors":["Multiple layers of governance (Authority, Board, Minister) with overlapping functions","Extensive cross-referencing to other Acts (Planning Act, State Development Act, Acquisition of Land Act, etc.)","Conditional trigger mechanisms for powers (e.g., 'step-in' notices require prior progression notices)","Nested definitions and defined terms including 'prescribed decision', 'relevant law', 'acquisition land'","Complex procedural requirements for development schemes (consultation, notification, submissions, Ministerial approval)","Temporal conditions and time limits throughout (e.g., 20 business days, 10 business days after appeal)","Interaction provisions specifying how this Act overrides or modifies other laws","Multiple amendment history references showing evolving scope (2013, 2016, 2019, 2022, 2023, 2024)"],"plain_english_summary":"This Act creates the **Queensland Reconstruction Authority** and **Queensland Reconstruction Board** to coordinate disaster recovery and build community resilience across Queensland.\n\n**What it does:**\n- Establishes a government body (the Authority) to manage rebuilding after disasters like floods, cyclones or bushfires\n- Sets up an oversight Board with Commonwealth, local government and expert representatives\n- Allows the Minister to declare **\"declared projects\"** and **\"reconstruction areas\"** in disaster-affected regions\n- Creates **development schemes** that can override normal planning rules to speed up recovery\n- Gives the Authority extraordinary powers to:\n  - **\"Step in\"** and take over planning decisions from local councils if recovery is delayed\n  - **Acquire land** (including forcing sales from unwilling owners)\n  - **Close roads** and redirect traffic\n  - **Direct local governments** to change their planning schemes\n\n**Who it affects:**\n- Communities recovering from disasters\n- Property owners in declared reconstruction areas (who may face forced land sales)\n- Local governments (who can have their planning powers overridden)\n- Developers and businesses seeking approvals in recovery zones\n\n**Why it matters:**\nThis is emergency reconstruction legislation with teeth. It temporarily suspends normal planning processes and property rights to accelerate disaster recovery. The Authority can effectively bypass local councils, impose development conditions, and compulsorily acquire land—powers normally reserved for major infrastructure projects. The \"betterment\" provisions also allow rebuilding to higher standards than before, improving future resilience."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act, while framed to coordinate reconstruction and improve resilience (s.2–3, s.10), now contains extensive statutory planning, land acquisition and project powers beyond mere coordination. These include the ability to declare projects and reconstruction areas (s.42–43), make development schemes that prevail over planning instruments (s.62–63, s.78), step in to make planning decisions and render some decisions final (s.51–56), declare and require acquisition of land (s.43, s.99–100), and limit aspects of judicial review for projects declared critical infrastructure (s.45, s.61). The text therefore shows an expanded operational and regulatory scope combining strategic coordination with direct statutory intervention in planning and property processes."},"complexity_factors":["Multiple, interacting decision pathways (progression notice, notice to decide, step‑in) with different triggers and timeframes (s.49–52, s.54–56).","Cross‑referencing and modified application of other Acts (Planning Act, State Development Act, Acquisition of Land Act, Land Title Act) with tailored adaptations and ‘as if’ applications (s.9, s.96–99, s.101–105, s.109–110).","Broad and overlapping discretions vested in Minister and authority (declarations, critical infrastructure, development schemes, land vesting, ministerial directions) (s.12, s.42–45, s.51, s.62, s.99–103, s.112–113).","Statutory instruments (development schemes) that can override existing planning instruments and assessment benchmarks to varying extents (s.62–64, s.78).","Compulsory acquisition powers adapted from ALA combined with vesting/divesting and market‑facing powers to lease/sell/enter agreements (s.99–104, s.103).","Limits on review/appeal for specified categories (critical infrastructure) and finality of certain authority decisions (s.56, s.61).","Multiple compliance and information obligations on government entities, applicants and private persons with penalties and protections (s.49–50, s.59, s.127–129, s.115–119).","Procedural safeguards and public consultation obligations layered with ministerial override and post‑submission ministerial amendment powers (s.65–73)."],"plain_english_summary":"# What this Act does, who it affects, and how it works\n\n- Mechanical change first: the Act creates a statutory body called the Queensland Reconstruction Authority (the authority) and a Queensland Reconstruction Board to oversee it (s.7–9, s.28–29). The authority is given wide operational powers to coordinate rebuilding after disasters and to improve community resilience, plus a package of statutory planning, land and project powers to implement reconstruction (s.2–3, s.10–11).\n\n- Official purpose: the Act’s stated aims are to ensure Queensland and its communities recover effectively and efficiently from disasters and to improve resilience for future disasters (s.2). The Act implements that aim by centralising coordination (authority & board), creating special project and area declarations, and enabling development schemes and direct intervention in planning and land matters (s.3, s.42–43, pt.6).\n\n- Key mechanics and who decides\n  - Ministerial powers: the Minister may declare projects and reconstruction areas (s.42–43), may declare a project 'critical infrastructure' (s.45), may give directions to the authority (s.12) and may direct local governments to change local planning instruments (s.112–114). The Governor in Council appoints the authority’s chief executive and board members (s.14, s.30).\n  - Authority powers: the authority performs reconstruction functions, holds powers of an individual (contracts, property, consultants) subject to ministerial directions (s.10–12, s.11). For planning decisions related to declared projects or reconstruction areas it can issue progression notices and notices to decide to other decision‑makers (s.49–50), and—after ministerial approval—can \"step in\" to make the assessment and decision itself (s.51–55). The authority may make development schemes with statutory force for declared projects or reconstruction areas (pt.6; s.62–63).\n  - Board and reporting: the board sets strategic priorities (s.29), must report quarterly to the Minister (s.41) and the authority must publish reports and guidelines (s.41, s.135).\n\n- How the Act changes planning and property processes (mechanical effects)\n  - Development schemes made by the authority are statutory instruments that can override or suspend existing planning instruments to the extent of inconsistency (s.62, s.63, s.78).\n  - The authority can require other planning decision‑makers to complete processes or decisions within set periods (progression notice / notice to decide) and may extend those periods unilaterally (s.49–50).\n  - The authority may become the deciding authority by issuing a step‑in notice; its decisions have the powers of the original decision‑maker, take effect on notice, and (for many decisions) are final without an appeal under this Act or the relevant law (s.51–56). For projects declared \"critical infrastructure\" certain parts of the Judicial Review Act do not apply (s.61).\n  - The authority may make development schemes after a required public notice and minimum 30 business‑day submission period and must consider submissions; affected owners have a 20 business‑day right to ask the Minister for protective amendments to a submitted scheme (s.65–72).\n\n- Land, roads and compulsory acquisition mechanics\n  - The authority may take land for authorised works or to implement development schemes; acquisition procedures and compensation follow the Acquisition of Land Act processes as adapted by this Act (s.99–104). The Act also allows creation of public utility easements and vesting/divesting of land (s.101–103).\n  - Land declared \"acquisition land\" is subject to restrictions on disposal (owner may only sell to the named entity) and the named entity must acquire if the owner offers to sell (s.43, s.44, s.100).\n  - The authority can close roads in reconstruction areas and may vest permanently closed roads or unallocated State land in itself by gazette (s.106–107).\n\n- Who pays; costs, penalties and recoveries (who bears financial burden)\n  - Applicants for prescribed decisions can be charged (reimbursed) for reasonable costs the authority incurs to obtain external advice or services used in an assessment (s.59).\n  - If the Minister acts to implement a direction that a local government should have followed, the Minister may recover reasonable expenses from the local government (s.113).\n  - Statutory penalties apply for various failures: refusing to comply with an information notice or obstructing authorised persons, false statements or documents, and duties of board/officers to act honestly (see s.115–119, s.127–128). Specific penalty unit maxima are stated in those sections.\n  - When land is taken, compensation processes (as adapted from the Acquisition of Land Act) apply (s.99).\n\n- Compliance burden and information powers\n  - The authority can require information (other than personal information) from government entities, GOCs, local governments and other persons it reasonably needs for its functions; recipients must comply or face penalties (s.127–128). The Act also protects persons who, acting honestly, provide information from civil or disciplinary liability for providing it (s.129).\n  - Decision‑makers subject to progression notices and notices to decide must meet tight timeframes and report completion to the authority (s.49–50). Failure to comply may trigger the authority stepping in (s.51–55).\n\n- Bureaucratic discretion and limits on review\n  - Several provisions vest significant discretion in the Minister (declarations, directions, critical infrastructure determination) and the authority (content of development schemes, whether to step in, conditions it imposes) (s.42–45, s.51, s.62–63, s.55). The authority must have regard to local government responsibilities when making declarations, but the Minister and authority retain final powers (s.42(4), s.43(3)).\n  - For projects declared critical infrastructure, parts of the Judicial Review Act do not apply to Ministerial and authority decisions and related conduct (s.61).\n\n- Trade‑offs, incentives and implementation risks (mechanisms, not a judgement)\n  - Centralisation: by centralising planning and land powers for reconstruction into a single authority, the Act reduces reliance on multiple local decision makers for declared projects and reconstruction areas (s.3, s.62, s.78). That concentrates decision authority with the state (Minister + authority) and creates a single point to coordinate reconstruction (s.10, s.29).\n  - Speed vs. local control: procedural tools (progression notices, notices to decide, step‑in powers) are designed to accelerate decisions (s.49–51), but they also shift decision‑making away from local assessment managers to the authority in specified circumstances (s.51–56). The Act preserves consultation steps for development schemes (s.65–71), but allows the authority or Minister to amend or direct local planning instruments where the Minister is satisfied it is necessary (s.112–113).\n  - Property effects and compensation: the authority can declare acquisition land and restrict disposal (s.43, s.44, s.100), and may take or vest land using adapted ALA processes (s.99–102). The Act provides adaptation of acquisition and vesting processes rather than leaving them purely to local regimes (s.99–104).\n  - Administrative cost allocation: the Act allows the authority to recover some assessment costs from applicants and to require entities to provide information (s.59, s.127–128). Local governments may bear costs if the Minister has to step in where they fail to act (s.113).\n\n- Who is affected in practice\n  - Affected communities and property owners in declared projects and reconstruction areas (declarations: s.42–43); local governments (s.42(4), s.43(3), s.112–113); applicants for development approvals and decision‑makers under other State laws who may be required to follow authority notices or supply materials (s.47–51, s.53); and persons from whom land or easements may be taken (pt.7 div.2; s.99–103).\n\n- Implementation and transparency rules\n  - The authority and board must report regularly to the Minister and publish reports and guidelines (s.41, s.58, s.135). Development scheme processes include public notification, minimum submission periods and ministerial review steps for affected owners (s.66, s.70–72).\n\nReferences: cited section numbers are to provisions in the Queensland Reconstruction Authority Act 2011 (as set out in the supplied text)."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/queensland-reconstruction-authority-act-2011","history":"/api/acts/queensland-reconstruction-authority-act-2011/history","analysis":"/api/acts/queensland-reconstruction-authority-act-2011/analysis","conflicts":"/api/acts/queensland-reconstruction-authority-act-2011/conflicts","importantCases":"/api/acts/queensland-reconstruction-authority-act-2011/important-cases","documents":"/api/acts/queensland-reconstruction-authority-act-2011/documents"}}