{"id":"qld:act-2015-028","name":"Sustainable Ports Development Act 2015","slug":"sustainable-ports-development-act-2015","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"28 of 2015","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29654,"registerId":"qld-act-2015-028-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 Sustainable Ports Development Act 2015 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Purpose of Act","content":"### sec.2 Purpose of Act\n\nThe purpose of this Act is to provide for the protection of the Great Barrier Reef World Heritage Area through managing port-related development in and adjacent to the area.\nThe purpose is achieved by—\nprohibiting particular future development in the Great Barrier Reef World Heritage Area; and\nproviding for the development of master plans that establish a long-term vision for the future development of priority ports consistent with the principles of ecologically sustainable development; and\nimplementing master plans through port overlays that regulate development in and surrounding priority ports.\nAlso, the purpose is to be achieved in a way that includes the following—\nlong-term planning for priority ports to provide a strategic and coordinated approach to managing economic, environmental, cultural and social values in the Great Barrier Reef World Heritage Area;\nconcentrating port development in priority ports;\nrecognising the diverse functions of the port network, including trade, tourism and defence operations;\nefficiently using port and supply chain infrastructure;\nexpanding port and supply chain capacity in a staged and incremental way to meet emerging demand for imports and exports;\nidentifying and protecting land and infrastructure critical to the effective operation of the port network.\n(sec.2-ssec.1) The purpose of this Act is to provide for the protection of the Great Barrier Reef World Heritage Area through managing port-related development in and adjacent to the area.\n(sec.2-ssec.2) The purpose is achieved by— prohibiting particular future development in the Great Barrier Reef World Heritage Area; and providing for the development of master plans that establish a long-term vision for the future development of priority ports consistent with the principles of ecologically sustainable development; and implementing master plans through port overlays that regulate development in and surrounding priority ports.\n(sec.2-ssec.3) Also, the purpose is to be achieved in a way that includes the following— long-term planning for priority ports to provide a strategic and coordinated approach to managing economic, environmental, cultural and social values in the Great Barrier Reef World Heritage Area; concentrating port development in priority ports; recognising the diverse functions of the port network, including trade, tourism and defence operations; efficiently using port and supply chain infrastructure; expanding port and supply chain capacity in a staged and incremental way to meet emerging demand for imports and exports; identifying and protecting land and infrastructure critical to the effective operation of the port network.\n- (a) prohibiting particular future development in the Great Barrier Reef World Heritage Area; and\n- (b) providing for the development of master plans that establish a long-term vision for the future development of priority ports consistent with the principles of ecologically sustainable development; and\n- (c) implementing master plans through port overlays that regulate development in and surrounding priority ports.\n- (a) long-term planning for priority ports to provide a strategic and coordinated approach to managing economic, environmental, cultural and social values in the Great Barrier Reef World Heritage Area;\n- (b) concentrating port development in priority ports;\n- (c) recognising the diverse functions of the port network, including trade, tourism and defence operations;\n- (d) efficiently using port and supply chain infrastructure;\n- (e) expanding port and supply chain capacity in a staged and incremental way to meet emerging demand for imports and exports;\n- (f) identifying and protecting land and infrastructure critical to the effective operation of the port network.","sortOrder":3},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.","sortOrder":5},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Application of Act","content":"## Application of Act","sortOrder":6},{"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.\nHowever, the Commonwealth or a State can not be prosecuted for an offence against this Act.\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) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.","sortOrder":7},{"sectionNumber":"pt.2","sectionType":"part","heading":"Planning for priority ports","content":"# Planning for priority ports","sortOrder":8},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":9},{"sectionNumber":"sec.5","sectionType":"section","heading":"Priority ports","content":"### sec.5 Priority ports\n\nEach of the following ports is a priority port —\nPort of Abbot Point;\nPort of Gladstone;\nthe ports of Hay Point and Mackay;\nPort of Townsville.\n- (a) Port of Abbot Point;\n- (b) Port of Gladstone;\n- (c) the ports of Hay Point and Mackay;\n- (d) Port of Townsville.","sortOrder":10},{"sectionNumber":"sec.6","sectionType":"section","heading":"Master planned areas","content":"### sec.6 Master planned areas\n\nThe master planned area for a priority port is the area—\nidentified in a master plan for the port as the master planned area for the port; and\napproved by regulation.\nTo remove any doubt, it is declared that the master planned area for a priority port may include—\nland that is outside the port’s strategic port land; and\nan area of land that is—\noutside the port’s port limits under the Transport Infrastructure Act ; and\ncovered, from time to time, by tidal water.\nHowever, the master planned area for a priority port can not include an area within a marine park, even if the area is within the port’s port limits under the Transport Infrastructure Act .\nIn this section—\nmarine park means—\nthe Commonwealth marine park; or\nthe State marine park.\ns 6 amd 2024 No. 2 s 14\n(sec.6-ssec.1) The master planned area for a priority port is the area— identified in a master plan for the port as the master planned area for the port; and approved by regulation.\n(sec.6-ssec.2) To remove any doubt, it is declared that the master planned area for a priority port may include— land that is outside the port’s strategic port land; and an area of land that is— outside the port’s port limits under the Transport Infrastructure Act ; and covered, from time to time, by tidal water.\n(sec.6-ssec.3) However, the master planned area for a priority port can not include an area within a marine park, even if the area is within the port’s port limits under the Transport Infrastructure Act .\n(sec.6-ssec.4) In this section— marine park means— the Commonwealth marine park; or the State marine park.\n- (a) identified in a master plan for the port as the master planned area for the port; and\n- (b) approved by regulation.\n- (a) land that is outside the port’s strategic port land; and\n- (b) an area of land that is— (i) outside the port’s port limits under the Transport Infrastructure Act ; and (ii) covered, from time to time, by tidal water.\n- (i) outside the port’s port limits under the Transport Infrastructure Act ; and\n- (ii) covered, from time to time, by tidal water.\n- (i) outside the port’s port limits under the Transport Infrastructure Act ; and\n- (ii) covered, from time to time, by tidal water.\n- (a) the Commonwealth marine park; or\n- (b) the State marine park.","sortOrder":11},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Master planning for priority ports","content":"## Master planning for priority ports","sortOrder":12},{"sectionNumber":"sec.7","sectionType":"section","heading":"Master plan required","content":"### sec.7 Master plan required\n\nThe Minister must make an instrument under this division (a master plan ) for each priority port.\nThe master plan for a priority port must—\nidentify the master planned area for the port; and\napply to all of the master planned area.\nThe Minister must be satisfied the master plan for the priority port adequately considers the principles of ecologically sustainable development.\n(sec.7-ssec.1) The Minister must make an instrument under this division (a master plan ) for each priority port.\n(sec.7-ssec.2) The master plan for a priority port must— identify the master planned area for the port; and apply to all of the master planned area.\n(sec.7-ssec.3) The Minister must be satisfied the master plan for the priority port adequately considers the principles of ecologically sustainable development.\n- (a) identify the master planned area for the port; and\n- (b) apply to all of the master planned area.","sortOrder":13},{"sectionNumber":"sec.8","sectionType":"section","heading":"Content of master plan","content":"### sec.8 Content of master plan\n\nA master plan for a priority port must—\nstate the strategic vision, objectives and desired outcomes for the master planned area; and\nidentify the State interests affected, or likely to be affected, by—\nexisting uses at the port; and\nfuture development at, or for, the port; and\ninclude an environmental management framework that—\nidentifies and maps environmental values in the master planned area and surrounding areas; and\nidentifies any impacts development in the master planned area may have on the environmental values; and\nstates objectives, and measures (the priority management measures ), for managing the impacts identified under subparagraph (ii) ; and\ninclude any other matter prescribed by regulation.\nIn this section—\nState interest means an interest the Minister considers to be—\nan economic, community or environmental interest of the State or a part of the State; or\nthe interest of ensuring this Act’s purpose is achieved, having regard to the matters mentioned in section 2 .\n(sec.8-ssec.1) A master plan for a priority port must— state the strategic vision, objectives and desired outcomes for the master planned area; and identify the State interests affected, or likely to be affected, by— existing uses at the port; and future development at, or for, the port; and include an environmental management framework that— identifies and maps environmental values in the master planned area and surrounding areas; and identifies any impacts development in the master planned area may have on the environmental values; and states objectives, and measures (the priority management measures ), for managing the impacts identified under subparagraph (ii) ; and include any other matter prescribed by regulation.\n(sec.8-ssec.2) In this section— State interest means an interest the Minister considers to be— an economic, community or environmental interest of the State or a part of the State; or the interest of ensuring this Act’s purpose is achieved, having regard to the matters mentioned in section 2 .\n- (a) state the strategic vision, objectives and desired outcomes for the master planned area; and\n- (b) identify the State interests affected, or likely to be affected, by— (i) existing uses at the port; and (ii) future development at, or for, the port; and\n- (i) existing uses at the port; and\n- (ii) future development at, or for, the port; and\n- (c) include an environmental management framework that— (i) identifies and maps environmental values in the master planned area and surrounding areas; and (ii) identifies any impacts development in the master planned area may have on the environmental values; and (iii) states objectives, and measures (the priority management measures ), for managing the impacts identified under subparagraph (ii) ; and\n- (i) identifies and maps environmental values in the master planned area and surrounding areas; and\n- (ii) identifies any impacts development in the master planned area may have on the environmental values; and\n- (iii) states objectives, and measures (the priority management measures ), for managing the impacts identified under subparagraph (ii) ; and\n- (d) include any other matter prescribed by regulation.\n- (i) existing uses at the port; and\n- (ii) future development at, or for, the port; and\n- (i) identifies and maps environmental values in the master planned area and surrounding areas; and\n- (ii) identifies any impacts development in the master planned area may have on the environmental values; and\n- (iii) states objectives, and measures (the priority management measures ), for managing the impacts identified under subparagraph (ii) ; and\n- (a) an economic, community or environmental interest of the State or a part of the State; or\n- (b) the interest of ensuring this Act’s purpose is achieved, having regard to the matters mentioned in section 2 .","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Notice of proposal","content":"### sec.9 Notice of proposal\n\nIf the Minister proposes to make or amend a master plan for a priority port, the Minister must give notice of the proposal to the following entities—\nthe port authority for the priority port;\neach local government whose local government area includes the priority port.\nThe notice must state the following—\nthat the Minister proposes to make or amend a master plan for the priority port;\nthe name of the priority port to which the proposed master plan or amendment relates;\nthat the entity may make a written submission to the Minister about the proposal within a stated period of at least 20 business days.\n(sec.9-ssec.1) If the Minister proposes to make or amend a master plan for a priority port, the Minister must give notice of the proposal to the following entities— the port authority for the priority port; each local government whose local government area includes the priority port.\n(sec.9-ssec.2) The notice must state the following— that the Minister proposes to make or amend a master plan for the priority port; the name of the priority port to which the proposed master plan or amendment relates; that the entity may make a written submission to the Minister about the proposal within a stated period of at least 20 business days.\n- (a) the port authority for the priority port;\n- (b) each local government whose local government area includes the priority port.\n- (a) that the Minister proposes to make or amend a master plan for the priority port;\n- (b) the name of the priority port to which the proposed master plan or amendment relates;\n- (c) that the entity may make a written submission to the Minister about the proposal within a stated period of at least 20 business days.","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Preparing and notifying draft instrument","content":"### sec.10 Preparing and notifying draft instrument\n\nAfter giving notice of a proposed master plan or proposed amendment under section 9 , the Minister must prepare a draft of the proposed master plan, or proposed amendment, (the draft instrument ).\nAfter preparing the draft instrument, the Minister must publish a public notice stating—\nwhere copies of the instrument may be inspected and purchased; and\na phone number or email address to contact for information about the instrument; and\nthat an entity may make a written submission to the Minister about any aspect of the instrument, including the proposed master planned area; and\nthe requirements for properly making a submission; and\nthe period (the consultation period ) within which a submission may be made, which must be at least—\nif the Minister proposes to make a master plan—30 business days after the public notice is published in the gazette; or\nif the Minister proposes to amend a master plan—20 business days after the public notice is published in the gazette.\nThe Minister must give a copy of the notice and the draft instrument to the following entities—\nthe port authority for the priority port to which the draft instrument relates;\neach local government whose local government area is within, or includes, the master planned area or proposed master planned area;\nif a State development area is within, or includes, the master planned area or proposed master planned area—the Coordinator-General;\nif a priority development area is within, or includes, the master planned area or proposed master planned area—MEDQ.\nFor all of the consultation period, the Minister must keep a copy of the draft instrument available for inspection and purchase by members of the public at the department’s head office.\nIn this section—\nproposed master planned area means—\nif the draft instrument is a proposed master plan—the area identified in the instrument as the proposed master planned area; or\nif the draft instrument is a proposed amendment of a master plan—the area that will be identified in the master plan as the master planned area if the amendment is made.\n(sec.10-ssec.1) After giving notice of a proposed master plan or proposed amendment under section 9 , the Minister must prepare a draft of the proposed master plan, or proposed amendment, (the draft instrument ).\n(sec.10-ssec.2) After preparing the draft instrument, the Minister must publish a public notice stating— where copies of the instrument may be inspected and purchased; and a phone number or email address to contact for information about the instrument; and that an entity may make a written submission to the Minister about any aspect of the instrument, including the proposed master planned area; and the requirements for properly making a submission; and the period (the consultation period ) within which a submission may be made, which must be at least— if the Minister proposes to make a master plan—30 business days after the public notice is published in the gazette; or if the Minister proposes to amend a master plan—20 business days after the public notice is published in the gazette.\n(sec.10-ssec.3) The Minister must give a copy of the notice and the draft instrument to the following entities— the port authority for the priority port to which the draft instrument relates; each local government whose local government area is within, or includes, the master planned area or proposed master planned area; if a State development area is within, or includes, the master planned area or proposed master planned area—the Coordinator-General; if a priority development area is within, or includes, the master planned area or proposed master planned area—MEDQ.\n(sec.10-ssec.4) For all of the consultation period, the Minister must keep a copy of the draft instrument available for inspection and purchase by members of the public at the department’s head office.\n(sec.10-ssec.5) In this section— proposed master planned area means— if the draft instrument is a proposed master plan—the area identified in the instrument as the proposed master planned area; or if the draft instrument is a proposed amendment of a master plan—the area that will be identified in the master plan as the master planned area if the amendment is made.\n- (a) where copies of the instrument may be inspected and purchased; and\n- (b) a phone number or email address to contact for information about the instrument; and\n- (c) that an entity may make a written submission to the Minister about any aspect of the instrument, including the proposed master planned area; and\n- (d) the requirements for properly making a submission; and\n- (e) the period (the consultation period ) within which a submission may be made, which must be at least— (i) if the Minister proposes to make a master plan—30 business days after the public notice is published in the gazette; or (ii) if the Minister proposes to amend a master plan—20 business days after the public notice is published in the gazette.\n- (i) if the Minister proposes to make a master plan—30 business days after the public notice is published in the gazette; or\n- (ii) if the Minister proposes to amend a master plan—20 business days after the public notice is published in the gazette.\n- (i) if the Minister proposes to make a master plan—30 business days after the public notice is published in the gazette; or\n- (ii) if the Minister proposes to amend a master plan—20 business days after the public notice is published in the gazette.\n- (a) the port authority for the priority port to which the draft instrument relates;\n- (b) each local government whose local government area is within, or includes, the master planned area or proposed master planned area;\n- (c) if a State development area is within, or includes, the master planned area or proposed master planned area—the Coordinator-General;\n- (d) if a priority development area is within, or includes, the master planned area or proposed master planned area—MEDQ.\n- (a) if the draft instrument is a proposed master plan—the area identified in the instrument as the proposed master planned area; or\n- (b) if the draft instrument is a proposed amendment of a master plan—the area that will be identified in the master plan as the master planned area if the amendment is made.","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Making proposed master plan or amendment","content":"### sec.11 Making proposed master plan or amendment\n\nAfter the Minister considers all submissions made in accordance with the public notice, the Minister must decide—\nto make the proposed master plan or amendment; or\nto make the proposed master plan or amendment with the changes the Minister considers appropriate; or\nnot to make the proposed master plan or amendment.\nIf the Minister decides to make the proposed master plan or amendment (with or without changes), the Minister must—\npublish the decision in a public notice stating—\nthe day the master plan or amendment was made; and\nwhere a copy of the master plan or amendment is available for inspection and purchase; and\ngive each entity mentioned in section 10 (3) a copy of the public notice and the master plan or amendment.\nThe master plan or amendment has effect on—\nthe day after the public notice mentioned in subsection (2) is published in the gazette; or\na later day stated in the master plan or amendment.\nWithin 14 sitting days after the master plan or amendment is made, the Minister must table in the Legislative Assembly a copy of the master plan or amendment.\nIf the Minister decides not to make the proposed master plan or amendment, the Minister must—\npublish the decision in a public notice; and\ngive each entity mentioned in section 10 (3) a copy of the public notice.\n(sec.11-ssec.1) After the Minister considers all submissions made in accordance with the public notice, the Minister must decide— to make the proposed master plan or amendment; or to make the proposed master plan or amendment with the changes the Minister considers appropriate; or not to make the proposed master plan or amendment.\n(sec.11-ssec.2) If the Minister decides to make the proposed master plan or amendment (with or without changes), the Minister must— publish the decision in a public notice stating— the day the master plan or amendment was made; and where a copy of the master plan or amendment is available for inspection and purchase; and give each entity mentioned in section 10 (3) a copy of the public notice and the master plan or amendment.\n(sec.11-ssec.3) The master plan or amendment has effect on— the day after the public notice mentioned in subsection (2) is published in the gazette; or a later day stated in the master plan or amendment.\n(sec.11-ssec.4) Within 14 sitting days after the master plan or amendment is made, the Minister must table in the Legislative Assembly a copy of the master plan or amendment.\n(sec.11-ssec.5) If the Minister decides not to make the proposed master plan or amendment, the Minister must— publish the decision in a public notice; and give each entity mentioned in section 10 (3) a copy of the public notice.\n- (a) to make the proposed master plan or amendment; or\n- (b) to make the proposed master plan or amendment with the changes the Minister considers appropriate; or\n- (c) not to make the proposed master plan or amendment.\n- (a) publish the decision in a public notice stating— (i) the day the master plan or amendment was made; and (ii) where a copy of the master plan or amendment is available for inspection and purchase; and\n- (i) the day the master plan or amendment was made; and\n- (ii) where a copy of the master plan or amendment is available for inspection and purchase; and\n- (b) give each entity mentioned in section 10 (3) a copy of the public notice and the master plan or amendment.\n- (i) the day the master plan or amendment was made; and\n- (ii) where a copy of the master plan or amendment is available for inspection and purchase; and\n- (a) the day after the public notice mentioned in subsection (2) is published in the gazette; or\n- (b) a later day stated in the master plan or amendment.\n- (a) publish the decision in a public notice; and\n- (b) give each entity mentioned in section 10 (3) a copy of the public notice.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Administrative amendments","content":"### sec.12 Administrative amendments\n\nThe Minister may make an administrative amendment of a master plan without complying with sections 9 to 11 .\nInstead, the Minister may make an administrative amendment of a master plan by publishing a public notice that states—\nthe day the amendment was made; and\nwhere a copy of the amended master plan may be inspected and purchased.\nThe Minister must give each entity mentioned in section 10 (3) a copy of the public notice and the amended master plan.\n(sec.12-ssec.1) The Minister may make an administrative amendment of a master plan without complying with sections 9 to 11 .\n(sec.12-ssec.2) Instead, the Minister may make an administrative amendment of a master plan by publishing a public notice that states— the day the amendment was made; and where a copy of the amended master plan may be inspected and purchased.\n(sec.12-ssec.3) The Minister must give each entity mentioned in section 10 (3) a copy of the public notice and the amended master plan.\n- (a) the day the amendment was made; and\n- (b) where a copy of the amended master plan may be inspected and purchased.","sortOrder":18},{"sectionNumber":"sec.13","sectionType":"section","heading":"Process for repealing master plans","content":"### sec.13 Process for repealing master plans\n\nThe Minister may repeal a master plan for a priority port (the existing master plan ) by making another master plan for the port that specifically repeals the existing master plan.\nThe existing master plan is repealed on the day the other master plan has effect.\nIf the Minister repeals a master plan for a priority port, the port overlay for the priority port’s master planned area is also repealed.\nFor subsection (3) , the port overlay is repealed on the day the master plan replacing the repealed master plan has effect.\n(sec.13-ssec.1) The Minister may repeal a master plan for a priority port (the existing master plan ) by making another master plan for the port that specifically repeals the existing master plan.\n(sec.13-ssec.2) The existing master plan is repealed on the day the other master plan has effect.\n(sec.13-ssec.3) If the Minister repeals a master plan for a priority port, the port overlay for the priority port’s master planned area is also repealed.\n(sec.13-ssec.4) For subsection (3) , the port overlay is repealed on the day the master plan replacing the repealed master plan has effect.","sortOrder":19},{"sectionNumber":"sec.14","sectionType":"section","heading":"Requirement to review master plans","content":"### sec.14 Requirement to review master plans\n\nThe Minister must complete a review of the master plan for each priority port at least every 10 years after the plan has effect.\nThe review must include an assessment of the following matters—\nwhether the boundaries of the master planned area identified in the master plan are still appropriate having regard to the strategic vision, objectives and desired outcomes for the master planned area;\nwhether the implementation of the priority management measures stated in the master plan has been effective in managing the impacts of development on the environmental values identified in the plan;\nwhether the priority management measures should be changed.\n(sec.14-ssec.1) The Minister must complete a review of the master plan for each priority port at least every 10 years after the plan has effect.\n(sec.14-ssec.2) The review must include an assessment of the following matters— whether the boundaries of the master planned area identified in the master plan are still appropriate having regard to the strategic vision, objectives and desired outcomes for the master planned area; whether the implementation of the priority management measures stated in the master plan has been effective in managing the impacts of development on the environmental values identified in the plan; whether the priority management measures should be changed.\n- (a) whether the boundaries of the master planned area identified in the master plan are still appropriate having regard to the strategic vision, objectives and desired outcomes for the master planned area;\n- (b) whether the implementation of the priority management measures stated in the master plan has been effective in managing the impacts of development on the environmental values identified in the plan;\n- (c) whether the priority management measures should be changed.","sortOrder":20},{"sectionNumber":"sec.15","sectionType":"section","heading":"Notice of review","content":"### sec.15 Notice of review\n\nBefore reviewing a master plan for a priority port, the Minister must publish a public notice stating that—\nthe Minister proposes to review the master plan; and\nan entity may make a written submission to the Minister about the proposal within a stated period of at least 20 business days.\nThe Minister must give a copy of the public notice to the following entities—\nthe port authority for the priority port;\neach affected local government;\nif the master planned area is within, or includes, a priority development area—MEDQ;\nif the master planned area is within, or includes, a State development area—the Coordinator-General.\n(sec.15-ssec.1) Before reviewing a master plan for a priority port, the Minister must publish a public notice stating that— the Minister proposes to review the master plan; and an entity may make a written submission to the Minister about the proposal within a stated period of at least 20 business days.\n(sec.15-ssec.2) The Minister must give a copy of the public notice to the following entities— the port authority for the priority port; each affected local government; if the master planned area is within, or includes, a priority development area—MEDQ; if the master planned area is within, or includes, a State development area—the Coordinator-General.\n- (a) the Minister proposes to review the master plan; and\n- (b) an entity may make a written submission to the Minister about the proposal within a stated period of at least 20 business days.\n- (a) the port authority for the priority port;\n- (b) each affected local government;\n- (c) if the master planned area is within, or includes, a priority development area—MEDQ;\n- (d) if the master planned area is within, or includes, a State development area—the Coordinator-General.","sortOrder":21},{"sectionNumber":"sec.16","sectionType":"section","heading":"Requesting information for review","content":"### sec.16 Requesting information for review\n\nThe Minister may, at any time during the review of a master plan for a priority port, require 1 or both of the following entities—\nan affected local government;\nthe port authority for the priority port;\nto give the Minister information the Minister is satisfied is relevant to the review.\nThe requirement must—\nbe in writing; and\nstate the reasonable period within which the information must be given.\nThe entity must comply with the requirement.\n(sec.16-ssec.1) The Minister may, at any time during the review of a master plan for a priority port, require 1 or both of the following entities— an affected local government; the port authority for the priority port; to give the Minister information the Minister is satisfied is relevant to the review.\n(sec.16-ssec.2) The requirement must— be in writing; and state the reasonable period within which the information must be given.\n(sec.16-ssec.3) The entity must comply with the requirement.\n- (a) an affected local government;\n- (b) the port authority for the priority port;\n- (a) be in writing; and\n- (b) state the reasonable period within which the information must be given.","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Action Minister must take after review","content":"### sec.17 Action Minister must take after review\n\nAfter reviewing a master plan for a priority port, including considering all submissions made in accordance with the public notice, the Minister must—\nprepare a new master plan; or\namend the master plan; or\nif the Minister is satisfied the master plan is suitable to continue without amendment—decide to take no further action.\nIf the Minister decides to take no further action, the Minister must—\ntable in the Legislative Assembly a report stating the reasons for the decision; and\ngive notice of the decision to each entity mentioned in section 15 (2) .\n(sec.17-ssec.1) After reviewing a master plan for a priority port, including considering all submissions made in accordance with the public notice, the Minister must— prepare a new master plan; or amend the master plan; or if the Minister is satisfied the master plan is suitable to continue without amendment—decide to take no further action.\n(sec.17-ssec.2) If the Minister decides to take no further action, the Minister must— table in the Legislative Assembly a report stating the reasons for the decision; and give notice of the decision to each entity mentioned in section 15 (2) .\n- (a) prepare a new master plan; or\n- (b) amend the master plan; or\n- (c) if the Minister is satisfied the master plan is suitable to continue without amendment—decide to take no further action.\n- (a) table in the Legislative Assembly a report stating the reasons for the decision; and\n- (b) give notice of the decision to each entity mentioned in section 15 (2) .","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Ministerial guidelines","content":"### sec.18 Ministerial guidelines\n\nThe Minister may make guidelines about matters that may be considered in preparing or reviewing a master plan for a priority port, including matters that may be considered in identifying the master planned area for the port.\nThe Minister must publish the guidelines on the department’s website.\n(sec.18-ssec.1) The Minister may make guidelines about matters that may be considered in preparing or reviewing a master plan for a priority port, including matters that may be considered in identifying the master planned area for the port.\n(sec.18-ssec.2) The Minister must publish the guidelines on the department’s website.","sortOrder":24},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Port overlays for master planned areas","content":"## Port overlays for master planned areas","sortOrder":25},{"sectionNumber":"sec.19","sectionType":"section","heading":"Port overlay required","content":"### sec.19 Port overlay required\n\nAs soon as practicable after a master plan takes effect for a priority port, the Minister must make an instrument under this division (a port overlay ) for the priority port’s master planned area.\nThe port overlay must—\nidentify the master planned area to which it applies; and\napply to all of the master planned area.\nThe Minister must be satisfied the port overlay implements the master plan for the master planned area.\nHowever, a port overlay can not regulate development that is—\nPDA assessable development or PDA accepted development for a priority development area under the Economic Development Act ; or\nregulated development for a State development area under the State Development Act .\ns 19 amd 2017 No. 35 s 42 ; 2019 No. 11 s 231 s ch 1 pt 1\n(sec.19-ssec.1) As soon as practicable after a master plan takes effect for a priority port, the Minister must make an instrument under this division (a port overlay ) for the priority port’s master planned area.\n(sec.19-ssec.2) The port overlay must— identify the master planned area to which it applies; and apply to all of the master planned area.\n(sec.19-ssec.3) The Minister must be satisfied the port overlay implements the master plan for the master planned area.\n(sec.19-ssec.4) However, a port overlay can not regulate development that is— PDA assessable development or PDA accepted development for a priority development area under the Economic Development Act ; or regulated development for a State development area under the State Development Act .\n- (a) identify the master planned area to which it applies; and\n- (b) apply to all of the master planned area.\n- (a) PDA assessable development or PDA accepted development for a priority development area under the Economic Development Act ; or\n- (b) regulated development for a State development area under the State Development Act .","sortOrder":26},{"sectionNumber":"sec.20","sectionType":"section","heading":"Status of port overlay","content":"### sec.20 Status of port overlay\n\nA port overlay is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.\nA port overlay is not subordinate legislation.\n(sec.20-ssec.1) A port overlay is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.\n(sec.20-ssec.2) A port overlay is not subordinate legislation.","sortOrder":27},{"sectionNumber":"sec.21","sectionType":"section","heading":"Content of port overlay","content":"### sec.21 Content of port overlay\n\nThe port overlay for a priority port’s master planned area must—\nstate the purpose of the overlay; and\nstate how the priority management measures in the master plan are to be achieved, including the entity responsible for the measures; and\ninclude any other matter prescribed by regulation.\nAlso, the port overlay may—\nfor the Planning Act —\nstate the matters an affected local government must consider in making or amending a local planning instrument under that Act; or\nstate that development in the master planned area is, under that Act, accepted development, assessable development requiring code or impact assessment, or prohibited development; or\nstate assessment benchmarks that assessable development under the port overlay must be assessed against; or\nstate the matters an assessment manager must have regard to in assessing assessable development under the port overlay; or\nfor the Transport Infrastructure Act, state the matters a port authority must consider in making or amending a land use plan in relation to the priority port under chapter 8 , part 4 of that Act; or\notherwise regulate development in the master planned area by, for example—\nstating aspects of development that may not take place; or\nincluding measures to reduce the risk of environmental harm, or serious adverse cultural, economic or social impacts, in the master planned area.\nSubsection (2) (a) and (c) is subject to section 19 (4) .\nIn this section—\nenvironmental harm see the Environmental Protection Act , section 14 .\ns 21 amd 2016 No. 27 s 555B\n(sec.21-ssec.1) The port overlay for a priority port’s master planned area must— state the purpose of the overlay; and state how the priority management measures in the master plan are to be achieved, including the entity responsible for the measures; and include any other matter prescribed by regulation.\n(sec.21-ssec.2) Also, the port overlay may— for the Planning Act — state the matters an affected local government must consider in making or amending a local planning instrument under that Act; or state that development in the master planned area is, under that Act, accepted development, assessable development requiring code or impact assessment, or prohibited development; or state assessment benchmarks that assessable development under the port overlay must be assessed against; or state the matters an assessment manager must have regard to in assessing assessable development under the port overlay; or for the Transport Infrastructure Act, state the matters a port authority must consider in making or amending a land use plan in relation to the priority port under chapter 8 , part 4 of that Act; or otherwise regulate development in the master planned area by, for example— stating aspects of development that may not take place; or including measures to reduce the risk of environmental harm, or serious adverse cultural, economic or social impacts, in the master planned area.\n(sec.21-ssec.3) Subsection (2) (a) and (c) is subject to section 19 (4) .\n(sec.21-ssec.4) In this section— environmental harm see the Environmental Protection Act , section 14 .\n- (a) state the purpose of the overlay; and\n- (b) state how the priority management measures in the master plan are to be achieved, including the entity responsible for the measures; and\n- (c) include any other matter prescribed by regulation.\n- (a) for the Planning Act — (i) state the matters an affected local government must consider in making or amending a local planning instrument under that Act; or (ii) state that development in the master planned area is, under that Act, accepted development, assessable development requiring code or impact assessment, or prohibited development; or (iii) state assessment benchmarks that assessable development under the port overlay must be assessed against; or (iv) state the matters an assessment manager must have regard to in assessing assessable development under the port overlay; or\n- (i) state the matters an affected local government must consider in making or amending a local planning instrument under that Act; or\n- (ii) state that development in the master planned area is, under that Act, accepted development, assessable development requiring code or impact assessment, or prohibited development; or\n- (iii) state assessment benchmarks that assessable development under the port overlay must be assessed against; or\n- (iv) state the matters an assessment manager must have regard to in assessing assessable development under the port overlay; or\n- (b) for the Transport Infrastructure Act, state the matters a port authority must consider in making or amending a land use plan in relation to the priority port under chapter 8 , part 4 of that Act; or\n- (c) otherwise regulate development in the master planned area by, for example— (i) stating aspects of development that may not take place; or (ii) including measures to reduce the risk of environmental harm, or serious adverse cultural, economic or social impacts, in the master planned area.\n- (i) stating aspects of development that may not take place; or\n- (ii) including measures to reduce the risk of environmental harm, or serious adverse cultural, economic or social impacts, in the master planned area.\n- (i) state the matters an affected local government must consider in making or amending a local planning instrument under that Act; or\n- (ii) state that development in the master planned area is, under that Act, accepted development, assessable development requiring code or impact assessment, or prohibited development; or\n- (iii) state assessment benchmarks that assessable development under the port overlay must be assessed against; or\n- (iv) state the matters an assessment manager must have regard to in assessing assessable development under the port overlay; or\n- (i) stating aspects of development that may not take place; or\n- (ii) including measures to reduce the risk of environmental harm, or serious adverse cultural, economic or social impacts, in the master planned area.","sortOrder":28},{"sectionNumber":"sec.22","sectionType":"section","heading":"Preparing and notifying draft instrument","content":"### sec.22 Preparing and notifying draft instrument\n\nIf the Minister proposes to make or amend a port overlay for a priority port’s master planned area, the Minister must prepare a draft of the proposed port overlay or amendment (the draft instrument).\nAfter preparing the draft instrument, the Minister must publish a public notice stating—\nwhere copies of the instrument may be inspected and purchased; and\na phone number or email address to contact for information about the instrument; and\nthat an entity may make a written submission to the Minister about any aspect of the instrument; and\nthe requirements for properly making a submission; and\nthe period (the consultation period) within which a submission may be made, which must be at least 10 business days after the public notice is published in the gazette.\nThe Minister must give a copy of the public notice and the draft instrument to the following entities—\nthe port authority for the priority port to which the draft instrument relates;\neach affected local government;\nif the master planned area is within, or includes, a State development area—the Coordinator-General;\nif the master planned area is within, or includes, a priority development area—MEDQ.\nFor all of the consultation period, the Minister must keep a copy of the draft instrument available for inspection and purchase by members of the public at the department’s head office.\n(sec.22-ssec.1) If the Minister proposes to make or amend a port overlay for a priority port’s master planned area, the Minister must prepare a draft of the proposed port overlay or amendment (the draft instrument).\n(sec.22-ssec.2) After preparing the draft instrument, the Minister must publish a public notice stating— where copies of the instrument may be inspected and purchased; and a phone number or email address to contact for information about the instrument; and that an entity may make a written submission to the Minister about any aspect of the instrument; and the requirements for properly making a submission; and the period (the consultation period) within which a submission may be made, which must be at least 10 business days after the public notice is published in the gazette.\n(sec.22-ssec.3) The Minister must give a copy of the public notice and the draft instrument to the following entities— the port authority for the priority port to which the draft instrument relates; each affected local government; if the master planned area is within, or includes, a State development area—the Coordinator-General; if the master planned area is within, or includes, a priority development area—MEDQ.\n(sec.22-ssec.4) For all of the consultation period, the Minister must keep a copy of the draft instrument available for inspection and purchase by members of the public at the department’s head office.\n- (a) where copies of the instrument may be inspected and purchased; and\n- (b) a phone number or email address to contact for information about the instrument; and\n- (c) that an entity may make a written submission to the Minister about any aspect of the instrument; and\n- (d) the requirements for properly making a submission; and\n- (e) the period (the consultation period) within which a submission may be made, which must be at least 10 business days after the public notice is published in the gazette.\n- (a) the port authority for the priority port to which the draft instrument relates;\n- (b) each affected local government;\n- (c) if the master planned area is within, or includes, a State development area—the Coordinator-General;\n- (d) if the master planned area is within, or includes, a priority development area—MEDQ.","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Making or amending port overlays","content":"### sec.23 Making or amending port overlays\n\nAfter the Minister considers all submissions made in accordance with the public notice, the Minister must decide—\nto make the proposed port overlay or amendment; or\nto make the proposed port overlay or amendment with the changes the Minister considers appropriate; or\nnot to make the proposed port overlay or amendment.\nIf the Minister decides to make the proposed port overlay or amendment (with or without changes), the Minister must—\npublish the decision in a public notice stating—\nthe day the port overlay, or amendment, (the instrument) was made; and\nwhere a copy of the instrument is available for inspection and purchase; and\nfor an amendment of a port overlay—a brief description of the amendment; and\ngive each entity mentioned in section 22 (3) a copy of the public notice and the instrument.\nSubject to subsection (5) , the instrument has effect on—\nthe day after the public notice mentioned in subsection (2) is published in the gazette; or\na later day stated in the instrument.\nWithin 14 sitting days after the instrument is made, the Minister must table a copy of the instrument in the Legislative Assembly.\nThe Statutory Instruments Act 1992 , sections 49 (2) , 50 and 51 apply to the instrument as if—\nthe instrument were subordinate legislation; and\na reference in section 49 (2) of that Act to section 49 (1) of that Act were a reference to subsection (4) .\n(sec.23-ssec.1) After the Minister considers all submissions made in accordance with the public notice, the Minister must decide— to make the proposed port overlay or amendment; or to make the proposed port overlay or amendment with the changes the Minister considers appropriate; or not to make the proposed port overlay or amendment.\n(sec.23-ssec.2) If the Minister decides to make the proposed port overlay or amendment (with or without changes), the Minister must— publish the decision in a public notice stating— the day the port overlay, or amendment, (the instrument) was made; and where a copy of the instrument is available for inspection and purchase; and for an amendment of a port overlay—a brief description of the amendment; and give each entity mentioned in section 22 (3) a copy of the public notice and the instrument.\n(sec.23-ssec.3) Subject to subsection (5) , the instrument has effect on— the day after the public notice mentioned in subsection (2) is published in the gazette; or a later day stated in the instrument.\n(sec.23-ssec.4) Within 14 sitting days after the instrument is made, the Minister must table a copy of the instrument in the Legislative Assembly.\n(sec.23-ssec.5) The Statutory Instruments Act 1992 , sections 49 (2) , 50 and 51 apply to the instrument as if— the instrument were subordinate legislation; and a reference in section 49 (2) of that Act to section 49 (1) of that Act were a reference to subsection (4) .\n- (a) to make the proposed port overlay or amendment; or\n- (b) to make the proposed port overlay or amendment with the changes the Minister considers appropriate; or\n- (c) not to make the proposed port overlay or amendment.\n- (a) publish the decision in a public notice stating— (i) the day the port overlay, or amendment, (the instrument) was made; and (ii) where a copy of the instrument is available for inspection and purchase; and (iii) for an amendment of a port overlay—a brief description of the amendment; and\n- (i) the day the port overlay, or amendment, (the instrument) was made; and\n- (ii) where a copy of the instrument is available for inspection and purchase; and\n- (iii) for an amendment of a port overlay—a brief description of the amendment; and\n- (b) give each entity mentioned in section 22 (3) a copy of the public notice and the instrument.\n- (i) the day the port overlay, or amendment, (the instrument) was made; and\n- (ii) where a copy of the instrument is available for inspection and purchase; and\n- (iii) for an amendment of a port overlay—a brief description of the amendment; and\n- (a) the day after the public notice mentioned in subsection (2) is published in the gazette; or\n- (b) a later day stated in the instrument.\n- (a) the instrument were subordinate legislation; and\n- (b) a reference in section 49 (2) of that Act to section 49 (1) of that Act were a reference to subsection (4) .","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"Administrative amendments","content":"### sec.24 Administrative amendments\n\nThe Minister may make an administrative amendment of a port overlay without complying with sections 22 and 23 .\nInstead, the Minister may make an administrative amendment of a port overlay by publishing a public notice that states—\nthe day the amendment was made; and\nwhere a copy of the amended port overlay may be inspected and purchased.\nThe Minister must give each entity mentioned in section 22 (3) a copy of the public notice and the amended port overlay.\n(sec.24-ssec.1) The Minister may make an administrative amendment of a port overlay without complying with sections 22 and 23 .\n(sec.24-ssec.2) Instead, the Minister may make an administrative amendment of a port overlay by publishing a public notice that states— the day the amendment was made; and where a copy of the amended port overlay may be inspected and purchased.\n(sec.24-ssec.3) The Minister must give each entity mentioned in section 22 (3) a copy of the public notice and the amended port overlay.\n- (a) the day the amendment was made; and\n- (b) where a copy of the amended port overlay may be inspected and purchased.","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Repealing port overlays","content":"### sec.25 Repealing port overlays\n\nThe Minister may repeal a port overlay (the existing port overlay ) for a priority port’s master planned area by making another port overlay for the master planned area that specifically repeals the existing port overlay.\nThe existing port overlay is repealed on the day the other port overlay has effect.\n(sec.25-ssec.1) The Minister may repeal a port overlay (the existing port overlay ) for a priority port’s master planned area by making another port overlay for the master planned area that specifically repeals the existing port overlay.\n(sec.25-ssec.2) The existing port overlay is repealed on the day the other port overlay has effect.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Relationship with planning instruments under Planning Act","content":"### sec.26 Relationship with planning instruments under Planning Act\n\nIf there is an inconsistency between a port overlay and a planning instrument under the Planning Act , the port overlay prevails to the extent of the inconsistency.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Relationship with land use plans under Transport Infrastructure Act","content":"### sec.27 Relationship with land use plans under Transport Infrastructure Act\n\nIf there is an inconsistency between a port overlay and a land use plan made under the Transport Infrastructure Act , chapter 8 , part 4 , the port overlay prevails to the extent of the inconsistency.","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Requirement to review development schemes under Economic Development Act","content":"### sec.28 Requirement to review development schemes under Economic Development Act\n\nAs soon as practicable after a port overlay takes effect for a priority port’s master planned area, MEDQ must—\nconsider whether a development scheme for a priority development area under the Economic Development Act is inconsistent with the port overlay; and\nif there is an inconsistency, decide whether to amend the development scheme to remove the inconsistency.\nHowever, subsection (1) applies only if the master planned area is within, or includes, the priority development area.\nIf, under subsection (1) (b) , MEDQ decides not to amend the development scheme, MEDQ must, within 14 sitting days after making the decision, table in the Legislative Assembly a report about the reasons for the decision.\n(sec.28-ssec.1) As soon as practicable after a port overlay takes effect for a priority port’s master planned area, MEDQ must— consider whether a development scheme for a priority development area under the Economic Development Act is inconsistent with the port overlay; and if there is an inconsistency, decide whether to amend the development scheme to remove the inconsistency.\n(sec.28-ssec.2) However, subsection (1) applies only if the master planned area is within, or includes, the priority development area.\n(sec.28-ssec.3) If, under subsection (1) (b) , MEDQ decides not to amend the development scheme, MEDQ must, within 14 sitting days after making the decision, table in the Legislative Assembly a report about the reasons for the decision.\n- (a) consider whether a development scheme for a priority development area under the Economic Development Act is inconsistent with the port overlay; and\n- (b) if there is an inconsistency, decide whether to amend the development scheme to remove the inconsistency.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Requirements for making or amending development schemes under Economic Development Act","content":"### sec.29 Requirements for making or amending development schemes under Economic Development Act\n\nIn making or amending a development scheme for a priority development area under the Economic Development Act , MEDQ must consider, but is not bound by, a requirement under a port overlay.\nSubsection (3) applies to MEDQ if—\nunder the Economic Development Act , MEDQ makes or amends a development scheme for a priority development area; and\nthe priority development area is within, or includes, a priority port’s master planned area; and\nthe development scheme, or amendment, (the instrument ) is inconsistent with the port overlay for the master planned area.\nMEDQ must, within 14 sitting days after making the instrument, table in the Legislative Assembly a report stating the reasons for making the instrument despite the inconsistency.\n(sec.29-ssec.1) In making or amending a development scheme for a priority development area under the Economic Development Act , MEDQ must consider, but is not bound by, a requirement under a port overlay.\n(sec.29-ssec.2) Subsection (3) applies to MEDQ if— under the Economic Development Act , MEDQ makes or amends a development scheme for a priority development area; and the priority development area is within, or includes, a priority port’s master planned area; and the development scheme, or amendment, (the instrument ) is inconsistent with the port overlay for the master planned area.\n(sec.29-ssec.3) MEDQ must, within 14 sitting days after making the instrument, table in the Legislative Assembly a report stating the reasons for making the instrument despite the inconsistency.\n- (a) under the Economic Development Act , MEDQ makes or amends a development scheme for a priority development area; and\n- (b) the priority development area is within, or includes, a priority port’s master planned area; and\n- (c) the development scheme, or amendment, (the instrument ) is inconsistent with the port overlay for the master planned area.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Application of Planning Act","content":"### sec.30 Application of Planning Act\n\nSubject to this section, the Planning Act applies for development on land in a priority port’s master planned area.\nIf there is an inconsistency between this section and the Planning Act , this section prevails to the extent of the inconsistency.\nSubject to section 19 (4) , if development is stated in the port overlay for a master planned area to be development of a particular type for the Planning Act , the development is taken to be development of that type under that Act.\nSubsections (5) and (6) apply to a development application or change application to the extent the application is in relation to development—\nin a priority port’s master planned area; and\nstated in the port overlay for the master planned area to be assessable development.\nThe decision-maker must, in assessing the application under the Planning Act —\nif the port overlay states assessment benchmarks for the assessable development—assess the development against the assessment benchmarks; and\nif the port overlay states matters an assessment manager must have regard to in assessing the assessable development—have regard to the stated matters.\nThe decision-maker’s decision under the Planning Act about the application must not be inconsistent with the port overlay.\nSubsection (5) does not limit the Planning Act , section 60 , 61 , 81 , 81A or 82 .\nIn this section—\ndecision-maker means—\nfor a development application—the assessment manager for the application; or\nfor a change application—the responsible entity for the application.\ns 30 amd 2016 No. 27 s 555C ; 2019 No. 11 s 231 s ch 1 pt 1\n(sec.30-ssec.1) Subject to this section, the Planning Act applies for development on land in a priority port’s master planned area.\n(sec.30-ssec.2) If there is an inconsistency between this section and the Planning Act , this section prevails to the extent of the inconsistency.\n(sec.30-ssec.3) Subject to section 19 (4) , if development is stated in the port overlay for a master planned area to be development of a particular type for the Planning Act , the development is taken to be development of that type under that Act.\n(sec.30-ssec.4) Subsections (5) and (6) apply to a development application or change application to the extent the application is in relation to development— in a priority port’s master planned area; and stated in the port overlay for the master planned area to be assessable development.\n(sec.30-ssec.5) The decision-maker must, in assessing the application under the Planning Act — if the port overlay states assessment benchmarks for the assessable development—assess the development against the assessment benchmarks; and if the port overlay states matters an assessment manager must have regard to in assessing the assessable development—have regard to the stated matters.\n(sec.30-ssec.6) The decision-maker’s decision under the Planning Act about the application must not be inconsistent with the port overlay.\n(sec.30-ssec.7) Subsection (5) does not limit the Planning Act , section 60 , 61 , 81 , 81A or 82 .\n(sec.30-ssec.8) In this section— decision-maker means— for a development application—the assessment manager for the application; or for a change application—the responsible entity for the application.\n- (a) in a priority port’s master planned area; and\n- (b) stated in the port overlay for the master planned area to be assessable development.\n- (a) if the port overlay states assessment benchmarks for the assessable development—assess the development against the assessment benchmarks; and\n- (b) if the port overlay states matters an assessment manager must have regard to in assessing the assessable development—have regard to the stated matters.\n- (a) for a development application—the assessment manager for the application; or\n- (b) for a change application—the responsible entity for the application.","sortOrder":37},{"sectionNumber":"sec.31","sectionType":"section","heading":"Requirement to review approved development schemes under State Development Act","content":"### sec.31 Requirement to review approved development schemes under State Development Act\n\nAs soon as practicable after a port overlay takes effect for a priority port’s master planned area, the Coordinator-General must—\nconsider whether an approved development scheme for a State development area under the State Development Act is inconsistent with the port overlay; and\nif there is an inconsistency, decide whether to amend the approved development scheme to remove the inconsistency.\nHowever, subsection (1) applies only if the master planned area is within, or includes, the State development area.\nIf, under subsection (1) (b) , the Coordinator-General decides not to amend the approved development scheme—\nthe Coordinator-General must give the State Development Minister a report about the reasons for the decision; and\nthe State Development Minister must, within 14 sitting days after the decision is made, table the report in the Legislative Assembly.\n(sec.31-ssec.1) As soon as practicable after a port overlay takes effect for a priority port’s master planned area, the Coordinator-General must— consider whether an approved development scheme for a State development area under the State Development Act is inconsistent with the port overlay; and if there is an inconsistency, decide whether to amend the approved development scheme to remove the inconsistency.\n(sec.31-ssec.2) However, subsection (1) applies only if the master planned area is within, or includes, the State development area.\n(sec.31-ssec.3) If, under subsection (1) (b) , the Coordinator-General decides not to amend the approved development scheme— the Coordinator-General must give the State Development Minister a report about the reasons for the decision; and the State Development Minister must, within 14 sitting days after the decision is made, table the report in the Legislative Assembly.\n- (a) consider whether an approved development scheme for a State development area under the State Development Act is inconsistent with the port overlay; and\n- (b) if there is an inconsistency, decide whether to amend the approved development scheme to remove the inconsistency.\n- (a) the Coordinator-General must give the State Development Minister a report about the reasons for the decision; and\n- (b) the State Development Minister must, within 14 sitting days after the decision is made, table the report in the Legislative Assembly.","sortOrder":38},{"sectionNumber":"sec.32","sectionType":"section","heading":"Requirements for making or amending approved development schemes under State Development Act","content":"### sec.32 Requirements for making or amending approved development schemes under State Development Act\n\nIn making or amending an approved development scheme for a State development area under the State Development Act , the Coordinator-General must consider, but is not bound by, a requirement under a port overlay.\nSubsections (3) and (4) apply if—\nunder the State Development Act , the Coordinator-General makes or amends an approved development scheme for a State development area; and\nthe State development area is within, or includes, a priority port’s master planned area; and\nthe approved development scheme, or amendment, (the instrument ) is inconsistent with the port overlay for the master planned area.\nThe Coordinator-General must give the State Development Minister a report stating the reasons for making the instrument despite the inconsistency.\nThe State Development Minister must, within 14 sitting days after the instrument is made, table the report in the Legislative Assembly.\n(sec.32-ssec.1) In making or amending an approved development scheme for a State development area under the State Development Act , the Coordinator-General must consider, but is not bound by, a requirement under a port overlay.\n(sec.32-ssec.2) Subsections (3) and (4) apply if— under the State Development Act , the Coordinator-General makes or amends an approved development scheme for a State development area; and the State development area is within, or includes, a priority port’s master planned area; and the approved development scheme, or amendment, (the instrument ) is inconsistent with the port overlay for the master planned area.\n(sec.32-ssec.3) The Coordinator-General must give the State Development Minister a report stating the reasons for making the instrument despite the inconsistency.\n(sec.32-ssec.4) The State Development Minister must, within 14 sitting days after the instrument is made, table the report in the Legislative Assembly.\n- (a) under the State Development Act , the Coordinator-General makes or amends an approved development scheme for a State development area; and\n- (b) the State development area is within, or includes, a priority port’s master planned area; and\n- (c) the approved development scheme, or amendment, (the instrument ) is inconsistent with the port overlay for the master planned area.","sortOrder":39},{"sectionNumber":"pt.3","sectionType":"part","heading":"Provisions relating to Great Barrier Reef World Heritage Area","content":"# Provisions relating to Great Barrier Reef World Heritage Area","sortOrder":40},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":41},{"sectionNumber":"sec.33","sectionType":"section","heading":"Definition for pt 3","content":"### sec.33 Definition for pt 3\n\nIn this part—\nrestricted area means an area that is within the Great Barrier Reef World Heritage Area but outside the Commonwealth marine park.\nSee the Commonwealth Marine Park Act for prohibitions relating to the Commonwealth marine park and Great Barrier Reef Region under that Act.","sortOrder":42},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Particular applications for port facilities","content":"## Particular applications for port facilities","sortOrder":43},{"sectionNumber":"sec.34","sectionType":"section","heading":"Particular applications for port facilities must be refused","content":"### sec.34 Particular applications for port facilities must be refused\n\nAn assessment manager must refuse a development application to the extent the application is for development for, or relating to, a port facility, if the development is—\nwithin the State marine park; or\nwithin a restricted area that is outside a port’s existing port limits.\nHowever, subsection (1) does not apply to the following development—\nthe carrying out of dredging;\nthe disposing, or depositing, of material generated from dredging activities.\nAlso, subsection (1) does not apply to development for, or relating to, a port facility for the Port of Gladstone if the development is carried out on an island—\nthat, on 12 October 2015, was included in the special industry zone under the planning scheme made under the Planning Act for the Gladstone local government area; or\nthat is completely or partly within the port’s strategic port land, or a State development area, and the strategic port land or State development area is within, or adjacent to, the existing port limits of the Port of Gladstone.\nThis section applies despite the following—\nthe Economic Development Act ;\nthe Planning Act ;\nthe State Development Act ;\nthe Transport Infrastructure Act , section 291 .\nIn this section—\nassessment manager includes—\nfor a PDA development application under the Economic Development Act —MEDQ; and\nfor an SDA application under the State Development Act —the Coordinator-General; and\nfor a change application—the responsible entity for the application.\ndevelopment application includes—\na PDA development application under the Economic Development Act ; and\nan SDA application under the State Development Act ; and\na change application, other than a minor change application.\nexisting port limits , for a port, means the port’s port limits, immediately before the commencement, under the Transport Infrastructure Act .\ns 34 amd 2016 No. 27 s 555D\n(sec.34-ssec.1) An assessment manager must refuse a development application to the extent the application is for development for, or relating to, a port facility, if the development is— within the State marine park; or within a restricted area that is outside a port’s existing port limits.\n(sec.34-ssec.2) However, subsection (1) does not apply to the following development— the carrying out of dredging; the disposing, or depositing, of material generated from dredging activities.\n(sec.34-ssec.3) Also, subsection (1) does not apply to development for, or relating to, a port facility for the Port of Gladstone if the development is carried out on an island— that, on 12 October 2015, was included in the special industry zone under the planning scheme made under the Planning Act for the Gladstone local government area; or that is completely or partly within the port’s strategic port land, or a State development area, and the strategic port land or State development area is within, or adjacent to, the existing port limits of the Port of Gladstone.\n(sec.34-ssec.4) This section applies despite the following— the Economic Development Act ; the Planning Act ; the State Development Act ; the Transport Infrastructure Act , section 291 .\n(sec.34-ssec.5) In this section— assessment manager includes— for a PDA development application under the Economic Development Act —MEDQ; and for an SDA application under the State Development Act —the Coordinator-General; and for a change application—the responsible entity for the application. development application includes— a PDA development application under the Economic Development Act ; and an SDA application under the State Development Act ; and a change application, other than a minor change application. existing port limits , for a port, means the port’s port limits, immediately before the commencement, under the Transport Infrastructure Act .\n- (a) within the State marine park; or\n- (b) within a restricted area that is outside a port’s existing port limits.\n- (a) the carrying out of dredging;\n- (b) the disposing, or depositing, of material generated from dredging activities.\n- (a) that, on 12 October 2015, was included in the special industry zone under the planning scheme made under the Planning Act for the Gladstone local government area; or\n- (b) that is completely or partly within the port’s strategic port land, or a State development area, and the strategic port land or State development area is within, or adjacent to, the existing port limits of the Port of Gladstone.\n- (a) the Economic Development Act ;\n- (b) the Planning Act ;\n- (c) the State Development Act ;\n- (d) the Transport Infrastructure Act , section 291 .\n- (a) for a PDA development application under the Economic Development Act —MEDQ; and\n- (b) for an SDA application under the State Development Act —the Coordinator-General; and\n- (c) for a change application—the responsible entity for the application.\n- (a) a PDA development application under the Economic Development Act ; and\n- (b) an SDA application under the State Development Act ; and\n- (c) a change application, other than a minor change application.","sortOrder":44},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Capital dredging","content":"## Capital dredging","sortOrder":45},{"sectionNumber":"sec.35","sectionType":"section","heading":"No approvals for particular capital dredging","content":"### sec.35 No approvals for particular capital dredging\n\nAn approving authority must not give an approval for development that is, or includes, capital dredging if the dredging will be carried out—\nwithin a restricted area; and\nfor the purpose of establishing, constructing or improving a port facility.\nHowever, subsection (1) does not apply to an approval for development that is, or includes, capital dredging carried out for the purpose of establishing, constructing or improving a port facility—\nin a priority port’s master planned area; or\nfor the Port of Cairns, if—\nthe dredging will be carried out in the port’s inner harbour; and\nthe approval does not permit the extraction or excavation of more than 50,000m3 of material; and\nthe approval will not result in more than 150,000m3 of material being extracted from, or excavated in, the port’s inner harbour in a 4-year period.\nIn calculating whether an approval will result in more than 150,000m3 of material being extracted or excavated in a 4-year period, only the following amounts are relevant—\nthe amount of material to be extracted or excavated under the approval;\nthe amount of material extracted or excavated, or to be extracted or excavated, under another approval for development that is, or includes, capital dredging unless the capital dredging was the subject of an EIS process started before the commencement.\n(sec.35-ssec.1) An approving authority must not give an approval for development that is, or includes, capital dredging if the dredging will be carried out— within a restricted area; and for the purpose of establishing, constructing or improving a port facility.\n(sec.35-ssec.2) However, subsection (1) does not apply to an approval for development that is, or includes, capital dredging carried out for the purpose of establishing, constructing or improving a port facility— in a priority port’s master planned area; or for the Port of Cairns, if— the dredging will be carried out in the port’s inner harbour; and the approval does not permit the extraction or excavation of more than 50,000m3 of material; and the approval will not result in more than 150,000m3 of material being extracted from, or excavated in, the port’s inner harbour in a 4-year period.\n(sec.35-ssec.3) In calculating whether an approval will result in more than 150,000m3 of material being extracted or excavated in a 4-year period, only the following amounts are relevant— the amount of material to be extracted or excavated under the approval; the amount of material extracted or excavated, or to be extracted or excavated, under another approval for development that is, or includes, capital dredging unless the capital dredging was the subject of an EIS process started before the commencement.\n- (a) within a restricted area; and\n- (b) for the purpose of establishing, constructing or improving a port facility.\n- (a) in a priority port’s master planned area; or\n- (b) for the Port of Cairns, if— (i) the dredging will be carried out in the port’s inner harbour; and (ii) the approval does not permit the extraction or excavation of more than 50,000m3 of material; and (iii) the approval will not result in more than 150,000m3 of material being extracted from, or excavated in, the port’s inner harbour in a 4-year period.\n- (i) the dredging will be carried out in the port’s inner harbour; and\n- (ii) the approval does not permit the extraction or excavation of more than 50,000m3 of material; and\n- (iii) the approval will not result in more than 150,000m3 of material being extracted from, or excavated in, the port’s inner harbour in a 4-year period.\n- (i) the dredging will be carried out in the port’s inner harbour; and\n- (ii) the approval does not permit the extraction or excavation of more than 50,000m3 of material; and\n- (iii) the approval will not result in more than 150,000m3 of material being extracted from, or excavated in, the port’s inner harbour in a 4-year period.\n- (a) the amount of material to be extracted or excavated under the approval;\n- (b) the amount of material extracted or excavated, or to be extracted or excavated, under another approval for development that is, or includes, capital dredging unless the capital dredging was the subject of an EIS process started before the commencement.","sortOrder":46},{"sectionNumber":"sec.36","sectionType":"section","heading":"Condition for approvals for particular capital dredging","content":"### sec.36 Condition for approvals for particular capital dredging\n\nThis section applies to an approval given by an approving authority for development that is, or relates to, capital dredging if the capital dredging is carried out—\nfor the purpose of establishing, constructing or improving a port facility in a priority port’s master planned area; or\nin the inner harbour of the Port of Cairns for the purpose of establishing, constructing or improving a port facility for the port.\nThe approval is taken to include a condition that material generated from the capital dredging must not be deposited, or disposed of, in a restricted area unless the material is beneficially reused.\nfor land reclamation\nfor beach nourishment\nfor environmental restoration purposes, such as creating or restoring wetlands or nesting islands\nTo remove any doubt, it is declared that this section applies to an approval whether it was given before or after the commencement.\n(sec.36-ssec.1) This section applies to an approval given by an approving authority for development that is, or relates to, capital dredging if the capital dredging is carried out— for the purpose of establishing, constructing or improving a port facility in a priority port’s master planned area; or in the inner harbour of the Port of Cairns for the purpose of establishing, constructing or improving a port facility for the port.\n(sec.36-ssec.2) The approval is taken to include a condition that material generated from the capital dredging must not be deposited, or disposed of, in a restricted area unless the material is beneficially reused. for land reclamation for beach nourishment for environmental restoration purposes, such as creating or restoring wetlands or nesting islands\n(sec.36-ssec.3) To remove any doubt, it is declared that this section applies to an approval whether it was given before or after the commencement.\n- (a) for the purpose of establishing, constructing or improving a port facility in a priority port’s master planned area; or\n- (b) in the inner harbour of the Port of Cairns for the purpose of establishing, constructing or improving a port facility for the port.\n- • for land reclamation\n- • for beach nourishment\n- • for environmental restoration purposes, such as creating or restoring wetlands or nesting islands","sortOrder":47},{"sectionNumber":"sec.37","sectionType":"section","heading":"Relationship with particular Acts","content":"### sec.37 Relationship with particular Acts\n\nThis division applies despite the following Acts—\nthe Coastal Act ;\nthe Economic Development Act ;\nthe Environmental Protection Act ;\nthe Forestry Act ;\nthe Planning Act ;\nthe State Development Act .\n- (a) the Coastal Act ;\n- (b) the Economic Development Act ;\n- (c) the Environmental Protection Act ;\n- (d) the Forestry Act ;\n- (e) the Planning Act ;\n- (f) the State Development Act .","sortOrder":48},{"sectionNumber":"sec.38","sectionType":"section","heading":"Review of s 35 in relation to capital dredging for Port of Cairns","content":"### sec.38 Review of s 35 in relation to capital dredging for Port of Cairns\n\nThe Minister must review the operation of section 35 (2) (b) and (3) within 4 years after its commencement.\nThe object of the review is to decide whether section 35 (2) (b) and (3) is effectively achieving a balance between economic development and the protection of the Great Barrier Reef World Heritage Area.\nBefore carrying out the review, the Minister must publish a public notice stating—\nthat the Minister proposes to review the operation of section 35 (2) (b) and (3) ; and\na phone number or email address to contact for information about the review; and\nthat an entity may make a written submission to the Minister about the review; and\nthe requirements for properly making a submission; and\nthe period within which a submission may be made, which must be at least 20 business days after the public notice is published in the gazette.\nIn carrying out the review, the Minister must consider all submissions made in accordance with the public notice.\nThe Minister must, as soon as practicable after finishing the review, table a report about the outcome of the review in the Legislative Assembly.\n(sec.38-ssec.1) The Minister must review the operation of section 35 (2) (b) and (3) within 4 years after its commencement.\n(sec.38-ssec.2) The object of the review is to decide whether section 35 (2) (b) and (3) is effectively achieving a balance between economic development and the protection of the Great Barrier Reef World Heritage Area.\n(sec.38-ssec.3) Before carrying out the review, the Minister must publish a public notice stating— that the Minister proposes to review the operation of section 35 (2) (b) and (3) ; and a phone number or email address to contact for information about the review; and that an entity may make a written submission to the Minister about the review; and the requirements for properly making a submission; and the period within which a submission may be made, which must be at least 20 business days after the public notice is published in the gazette.\n(sec.38-ssec.4) In carrying out the review, the Minister must consider all submissions made in accordance with the public notice.\n(sec.38-ssec.5) The Minister must, as soon as practicable after finishing the review, table a report about the outcome of the review in the Legislative Assembly.\n- (a) that the Minister proposes to review the operation of section 35 (2) (b) and (3) ; and\n- (b) a phone number or email address to contact for information about the review; and\n- (c) that an entity may make a written submission to the Minister about the review; and\n- (d) the requirements for properly making a submission; and\n- (e) the period within which a submission may be made, which must be at least 20 business days after the public notice is published in the gazette.","sortOrder":49},{"sectionNumber":"pt.4","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":50},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Protection of particular uses and rights","content":"## Protection of particular uses and rights","sortOrder":51},{"sectionNumber":"sec.39","sectionType":"section","heading":"Lawful uses of premises protected","content":"### sec.39 Lawful uses of premises protected\n\nThis section applies if, immediately before a port overlay or an amendment of a port overlay took effect, the use of premises was a lawful use of the premises in the master planned area to which the port overlay applies.\nNeither the port overlay nor the amendment can—\nstop the use from continuing; or\nfurther regulate the use; or\nrequire the use to be changed.\n(sec.39-ssec.1) This section applies if, immediately before a port overlay or an amendment of a port overlay took effect, the use of premises was a lawful use of the premises in the master planned area to which the port overlay applies.\n(sec.39-ssec.2) Neither the port overlay nor the amendment can— stop the use from continuing; or further regulate the use; or require the use to be changed.\n- (a) stop the use from continuing; or\n- (b) further regulate the use; or\n- (c) require the use to be changed.","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Lawfully constructed buildings and work protected","content":"### sec.40 Lawfully constructed buildings and work protected\n\nTo the extent a building was lawfully constructed or work was lawfully carried out before a port overlay or an amendment of a port overlay took effect, neither the port overlay nor the amendment can require the building or work to be altered or removed.","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Existing development approvals","content":"### sec.41 Existing development approvals\n\nThis section applies if—\na development approval exists for premises; and\nafter the development approval is given, a port overlay or an amendment of a port overlay has effect.\nTo the extent the development approval has not lapsed, neither the port overlay nor the amendment can stop or further regulate the development to which the development approval relates, or otherwise affect the development approval.\n(sec.41-ssec.1) This section applies if— a development approval exists for premises; and after the development approval is given, a port overlay or an amendment of a port overlay has effect.\n(sec.41-ssec.2) To the extent the development approval has not lapsed, neither the port overlay nor the amendment can stop or further regulate the development to which the development approval relates, or otherwise affect the development approval.\n- (a) a development approval exists for premises; and\n- (b) after the development approval is given, a port overlay or an amendment of a port overlay has effect.","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Existing development application or change application","content":"### sec.42 Existing development application or change application\n\nThis section applies if, immediately before a port overlay for a priority port’s master planned area has effect—\na development application had been made for premises in the master planned area; and\nthe application was a properly made application and had not lapsed under the Planning Act ; and\nthe application had not been decided.\nThis section also applies if, immediately before a port overlay for a priority port’s master planned area has effect—\na change application had been made under the Planning Act to change a development approval—\nthat already approves development in the master planned area; or\nto approve development in the master planned area, if the approval does not already approve development in the master planned area; and\nthe application had not lapsed under the Planning Act ; and\nthe application had not been decided.\nDespite the port overlay having effect, the application must be decided under the Planning Act , and that Act continues to apply, as if the port overlay were not in effect.\ns 42 amd 2016 No. 27 s 555E\n(sec.42-ssec.1) This section applies if, immediately before a port overlay for a priority port’s master planned area has effect— a development application had been made for premises in the master planned area; and the application was a properly made application and had not lapsed under the Planning Act ; and the application had not been decided.\n(sec.42-ssec.2) This section also applies if, immediately before a port overlay for a priority port’s master planned area has effect— a change application had been made under the Planning Act to change a development approval— that already approves development in the master planned area; or to approve development in the master planned area, if the approval does not already approve development in the master planned area; and the application had not lapsed under the Planning Act ; and the application had not been decided.\n(sec.42-ssec.3) Despite the port overlay having effect, the application must be decided under the Planning Act , and that Act continues to apply, as if the port overlay were not in effect.\n- (a) a development application had been made for premises in the master planned area; and\n- (b) the application was a properly made application and had not lapsed under the Planning Act ; and\n- (c) the application had not been decided.\n- (a) a change application had been made under the Planning Act to change a development approval— (i) that already approves development in the master planned area; or (ii) to approve development in the master planned area, if the approval does not already approve development in the master planned area; and\n- (i) that already approves development in the master planned area; or\n- (ii) to approve development in the master planned area, if the approval does not already approve development in the master planned area; and\n- (b) the application had not lapsed under the Planning Act ; and\n- (c) the application had not been decided.\n- (i) that already approves development in the master planned area; or\n- (ii) to approve development in the master planned area, if the approval does not already approve development in the master planned area; and","sortOrder":55},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":56},{"sectionNumber":"sec.43","sectionType":"section","heading":"Giving false or misleading information","content":"### sec.43 Giving false or misleading information\n\nA person must not, in relation to the administration of this Act, give the Minister information the person knows is false or misleading in a material particular.\nMaximum penalty—1,665 penalty units.\nSubsection (1) does not apply to a person if the person, when giving information in a document—\ntells the Minister, to the best of the person’s ability, how the document is false or misleading; and\nif the person has, or can reasonably obtain, the correct information—gives the correct information.\n(sec.43-ssec.1) A person must not, in relation to the administration of this Act, give the Minister information the person knows is false or misleading in a material particular. Maximum penalty—1,665 penalty units.\n(sec.43-ssec.2) Subsection (1) does not apply to a person if the person, when giving information in a document— tells the Minister, to the best of the person’s ability, how the document is false or misleading; and if the person has, or can reasonably obtain, the correct information—gives the correct information.\n- (a) tells the Minister, to the best of the person’s ability, how the document is false or misleading; and\n- (b) if the person has, or can reasonably obtain, the correct information—gives the correct information.","sortOrder":57},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Evidentiary and legal proceedings","content":"## Evidentiary and legal proceedings","sortOrder":58},{"sectionNumber":"sec.44","sectionType":"section","heading":"Evidentiary aids","content":"### sec.44 Evidentiary aids\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\na decision or notice under this Act;\nthat a stated document, or stated information, is a document or information included in a register kept under this Act;\nthat a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\nthat on a stated day—\na stated entity was given a stated decision or notice under this Act; or\na stated requirement under this Act was made of a stated entity.\n- (a) a decision or notice under this Act;\n- (b) that a stated document, or stated information, is a document or information included in a register kept under this Act;\n- (c) that a stated document is a copy of, or an extract from or part of, a thing mentioned in paragraph (a) or (b) ;\n- (d) that on a stated day— (i) a stated entity was given a stated decision or notice under this Act; or (ii) a stated requirement under this Act was made of a stated entity.\n- (i) a stated entity was given a stated decision or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated entity.\n- (i) a stated entity was given a stated decision or notice under this Act; or\n- (ii) a stated requirement under this Act was made of a stated entity.","sortOrder":59},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Other administrative matters","content":"## Other administrative matters","sortOrder":60},{"sectionNumber":"sec.45","sectionType":"section","heading":"Registers","content":"### sec.45 Registers\n\nThe chief executive must keep a register of each of the following—\nmaster plans, or amendments of master plans, made under part 2 , division 2 ;\nproposed master plans, or proposed amendments of master plans, notified under section 10 ;\nport overlays, or amendments of port overlays, made under part 2 , division 3 ;\nproposed port overlays, or proposed amendments of port overlays, notified under section 22 ;\nthe matters raised in any submissions made to the Minister about—\na proposed master plan, or proposed amendment of a master plan, notified under section 10 ; or\na proposed port overlay, or proposed amendment of a port overlay, notified under section 22 ; or\na review notified under section 38 .\nThe chief executive may also keep a register of other documents or information relating to this Act that the chief executive considers appropriate.\nThe chief executive may keep a register in the way the chief executive considers appropriate.\nHowever, the documents included in the registers must also be published on—\nthe department’s website; and\nthe website of the port authority for the priority port to which the document relates.\n(sec.45-ssec.1) The chief executive must keep a register of each of the following— master plans, or amendments of master plans, made under part 2 , division 2 ; proposed master plans, or proposed amendments of master plans, notified under section 10 ; port overlays, or amendments of port overlays, made under part 2 , division 3 ; proposed port overlays, or proposed amendments of port overlays, notified under section 22 ; the matters raised in any submissions made to the Minister about— a proposed master plan, or proposed amendment of a master plan, notified under section 10 ; or a proposed port overlay, or proposed amendment of a port overlay, notified under section 22 ; or a review notified under section 38 .\n(sec.45-ssec.2) The chief executive may also keep a register of other documents or information relating to this Act that the chief executive considers appropriate.\n(sec.45-ssec.3) The chief executive may keep a register in the way the chief executive considers appropriate.\n(sec.45-ssec.4) However, the documents included in the registers must also be published on— the department’s website; and the website of the port authority for the priority port to which the document relates.\n- (a) master plans, or amendments of master plans, made under part 2 , division 2 ;\n- (b) proposed master plans, or proposed amendments of master plans, notified under section 10 ;\n- (c) port overlays, or amendments of port overlays, made under part 2 , division 3 ;\n- (d) proposed port overlays, or proposed amendments of port overlays, notified under section 22 ;\n- (e) the matters raised in any submissions made to the Minister about— (i) a proposed master plan, or proposed amendment of a master plan, notified under section 10 ; or (ii) a proposed port overlay, or proposed amendment of a port overlay, notified under section 22 ; or (iii) a review notified under section 38 .\n- (i) a proposed master plan, or proposed amendment of a master plan, notified under section 10 ; or\n- (ii) a proposed port overlay, or proposed amendment of a port overlay, notified under section 22 ; or\n- (iii) a review notified under section 38 .\n- (i) a proposed master plan, or proposed amendment of a master plan, notified under section 10 ; or\n- (ii) a proposed port overlay, or proposed amendment of a port overlay, notified under section 22 ; or\n- (iii) a review notified under section 38 .\n- (a) the department’s website; and\n- (b) the website of the port authority for the priority port to which the document relates.","sortOrder":61},{"sectionNumber":"sec.46","sectionType":"section","heading":"Access to registers","content":"### sec.46 Access to registers\n\nThe chief executive must—\nkeep each register open for inspection by the public during office hours on business days at the department’s head office; and\nallow a person to search and take extracts from the register; and\ngive a person who asks for it a copy of all or part of a document or information held in the register, on payment of the fee decided by the chief executive.\nThe fee can not be more than the actual cost of giving the copy.\n(sec.46-ssec.1) The chief executive must— keep each register open for inspection by the public during office hours on business days at the department’s head office; and allow a person to search and take extracts from the register; and give a person who asks for it a copy of all or part of a document or information held in the register, on payment of the fee decided by the chief executive.\n(sec.46-ssec.2) The fee can not be more than the actual cost of giving the copy.\n- (a) keep each register open for inspection by the public during office hours on business days at the department’s head office; and\n- (b) allow a person to search and take extracts from the register; and\n- (c) give a person who asks for it a copy of all or part of a document or information held in the register, on payment of the fee decided by the chief executive.","sortOrder":62},{"sectionNumber":"sec.47","sectionType":"section","heading":"Approval of forms","content":"### sec.47 Approval of forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":63},{"sectionNumber":"sec.48","sectionType":"section","heading":"Regulation-making power","content":"### sec.48 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may—\napprove a master planned area identified in a master plan for a priority port; and\nprescribe matters that must be included in a master plan or port overlay; and\nprovide for fees payable under this Act and the matters for which they are payable; and\nimpose a penalty of no more than 20 penalty units for a contravention of a regulation.\n(sec.48-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.48-ssec.2) A regulation may— approve a master planned area identified in a master plan for a priority port; and prescribe matters that must be included in a master plan or port overlay; and provide for fees payable under this Act and the matters for which they are payable; and impose a penalty of no more than 20 penalty units for a contravention of a regulation.\n- (a) approve a master planned area identified in a master plan for a priority port; and\n- (b) prescribe matters that must be included in a master plan or port overlay; and\n- (c) provide for fees payable under this Act and the matters for which they are payable; and\n- (d) impose a penalty of no more than 20 penalty units for a contravention of a regulation.","sortOrder":64},{"sectionNumber":"pt.5","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":65},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Transitional provision for Act No. 28 of 2015","content":"## Transitional provision for Act No. 28 of 2015","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Particular development exempted","content":"### sec.49 Particular development exempted\n\nSection 34 does not apply to development mentioned in section 34(1) if the development is the subject of an EIS process started before the commencement.\nSection 35(1) does not apply to development that is, or includes, capital dredging if the capital dredging is the subject of an EIS process started before the commencement.\n(sec.49-ssec.1) Section 34 does not apply to development mentioned in section 34(1) if the development is the subject of an EIS process started before the commencement.\n(sec.49-ssec.2) Section 35(1) does not apply to development that is, or includes, capital dredging if the capital dredging is the subject of an EIS process started before the commencement.","sortOrder":67},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"## Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":68},{"sectionNumber":"sec.50","sectionType":"section","heading":"Existing development application","content":"### sec.50 Existing development application\n\nSubsection (2) applies to an existing development application mentioned in former section 30(4).\nFormer section 30(5) to (7) continues to apply in relation to the application, as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\nSubsection (4) applies to an existing development application—\nmentioned in former section 34(1); or\nfor an approval mentioned in former section 35(1).\nThis Act as in force immediately before the commencement continues to apply in relation to the application, as if the amending Act had not been enacted.\nSubsection (6) applies if, immediately before a port overlay for a priority port’s master planned area had effect—\nan existing development application had been made for premises in the master planned area; and\nthe application was a properly made application under the repealed Planning Act and had not lapsed under that repealed Act; and\nthe application had not been decided.\nFormer section 42(2) continues to apply in relation to the application, as if the amending Act had not been enacted.\nIn this section—\namending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nexisting development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies.\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 50 ins 2016 No. 27 s 555G\n(sec.50-ssec.1) Subsection (2) applies to an existing development application mentioned in former section 30(4).\n(sec.50-ssec.2) Former section 30(5) to (7) continues to apply in relation to the application, as if the amending Act had not been enacted and the repealed Planning Act had not been repealed.\n(sec.50-ssec.3) Subsection (4) applies to an existing development application— mentioned in former section 34(1); or for an approval mentioned in former section 35(1).\n(sec.50-ssec.4) This Act as in force immediately before the commencement continues to apply in relation to the application, as if the amending Act had not been enacted.\n(sec.50-ssec.5) Subsection (6) applies if, immediately before a port overlay for a priority port’s master planned area had effect— an existing development application had been made for premises in the master planned area; and the application was a properly made application under the repealed Planning Act and had not lapsed under that repealed Act; and the application had not been decided.\n(sec.50-ssec.6) Former section 42(2) continues to apply in relation to the application, as if the amending Act had not been enacted.\n(sec.50-ssec.7) In this section— amending Act means the Planning (Consequential) and Other Legislation Amendment Act 2016 . existing development application means a development application made under the repealed Planning Act, to which the Planning Act, section 288 applies. former , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the amending Act. repealed Planning Act means the repealed Sustainable Planning Act 2009 .\n- (a) mentioned in former section 34(1); or\n- (b) for an approval mentioned in former section 35(1).\n- (a) an existing development application had been made for premises in the master planned area; and\n- (b) the application was a properly made application under the repealed Planning Act and had not lapsed under that repealed Act; and\n- (c) the application had not been decided.","sortOrder":69},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Transitional provision for Transport and Other Legislation Amendment Act 2024","content":"## Transitional provision for Transport and Other Legislation Amendment Act 2024","sortOrder":70},{"sectionNumber":"sec.51","sectionType":"section","heading":"Transitional provision for particular master planned areas and proposed master planned areas","content":"### sec.51 Transitional provision for particular master planned areas and proposed master planned areas\n\nFrom the commencement, the master planned area for each of the following priority ports includes a relevant tidal water area that had, before the commencement, been included in the master planned area despite former section 6(3)(a)—\nPort of Gladstone;\nPort of Townsville.\nSubsection (3) applies in relation to a port overlay for a master planned area for a priority port mentioned in subsection (1).\nFrom the commencement, the master planned area identified in the port overlay under section 19(2)(a) is taken to include a relevant tidal water area.\nSubsection (5) applies in relation to—\nthe proposed master planned area for a relevant priority port; or\nif a proposed master plan for a relevant priority port is made, under section 11, before the commencement—the master planned area for the relevant priority port.\nFrom the commencement, the proposed master planned area or master planned area for the relevant priority port includes a relevant tidal water area that had, before the commencement, been included in the proposed master planned area or master planned area despite former section 6(3)(a).\nIn this section—\nformer section 6(3)(a) means section 6(3)(a) as in force immediately before the commencement.\nproposed master planned area , for a priority port, means an area identified in a draft of a proposed master plan, prepared under section 10, as the proposed master planned area for the port.\nrelevant priority port means either of the following priority ports—\nPort of Abbot Point;\nthe ports of Hay Point and Mackay.\nrelevant tidal water area , in relation to the master planned area or proposed master planned area for a priority port, means an area of land—\noutside the port’s port limits under the Transport Infrastructure Act; and\ncovered, from time to time, by tidal water.\ns 51 ins 2024 No. 2 s 15\n(sec.51-ssec.1) From the commencement, the master planned area for each of the following priority ports includes a relevant tidal water area that had, before the commencement, been included in the master planned area despite former section 6(3)(a)— Port of Gladstone; Port of Townsville.\n(sec.51-ssec.2) Subsection (3) applies in relation to a port overlay for a master planned area for a priority port mentioned in subsection (1).\n(sec.51-ssec.3) From the commencement, the master planned area identified in the port overlay under section 19(2)(a) is taken to include a relevant tidal water area.\n(sec.51-ssec.4) Subsection (5) applies in relation to— the proposed master planned area for a relevant priority port; or if a proposed master plan for a relevant priority port is made, under section 11, before the commencement—the master planned area for the relevant priority port.\n(sec.51-ssec.5) From the commencement, the proposed master planned area or master planned area for the relevant priority port includes a relevant tidal water area that had, before the commencement, been included in the proposed master planned area or master planned area despite former section 6(3)(a).\n(sec.51-ssec.6) In this section— former section 6(3)(a) means section 6(3)(a) as in force immediately before the commencement. proposed master planned area , for a priority port, means an area identified in a draft of a proposed master plan, prepared under section 10, as the proposed master planned area for the port. relevant priority port means either of the following priority ports— Port of Abbot Point; the ports of Hay Point and Mackay. relevant tidal water area , in relation to the master planned area or proposed master planned area for a priority port, means an area of land— outside the port’s port limits under the Transport Infrastructure Act; and covered, from time to time, by tidal water.\n- (a) Port of Gladstone;\n- (b) Port of Townsville.\n- (a) the proposed master planned area for a relevant priority port; or\n- (b) if a proposed master plan for a relevant priority port is made, under section 11, before the commencement—the master planned area for the relevant priority port.\n- (a) Port of Abbot Point;\n- (b) the ports of Hay Point and Mackay.\n- (a) outside the port’s port limits under the Transport Infrastructure Act; and\n- (b) covered, from time to time, by tidal water.","sortOrder":71}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its stated purpose: protecting the Great Barrier Reef World Heritage Area by managing port-related development. The 2024 and other amendments made minor technical adjustments (e.g., clarifying marine park exclusions from master planned areas) but did not expand or materially alter the core scope. The Act consistently concentrates on the four named priority ports and the Reef area, without drifting into unrelated subject matter."},"complexity_factors":["Interaction with at least six other major Queensland Acts (Planning Act, Transport Infrastructure Act, Economic Development Act, State Development Act, Environmental Protection Act, Coastal Act), requiring understanding of all of them to fully grasp this Act's effect","Multi-layered planning instrument hierarchy: master plans feed into port overlays, which override local council planning schemes, which in turn interact with State development areas and priority development areas","Multiple government entities with distinct and sometimes overlapping roles: Minister, MEDQ, Coordinator-General, port authorities, local governments, assessment managers — each with specific obligations","Complex exemptions to the dredging and port facility prohibitions, including volume-based calculations and time-period tracking for the Port of Cairns","Transitional provisions spanning multiple amending Acts, creating different rules depending on when a development application or EIS process was commenced","Distinction between 'port overlays' (not subordinate legislation but with force of law) and other statutory instruments — an unusual legal classification with nuanced implications","Geographic complexity: rules vary depending on whether land is inside/outside port limits, inside/outside marine parks (State or Commonwealth), inside/outside master planned areas, or within the World Heritage Area generally","The Act binds the Crown (government) but cannot result in criminal prosecution of the Commonwealth or State governments — a legally significant distinction"],"plain_english_summary":"## What This Law Does\n\nThe **Sustainable Ports Development Act 2015** is a Queensland law designed to protect the **Great Barrier Reef World Heritage Area** by controlling how ports along the Queensland coast can grow and develop.\n\n## Who It Affects\n\n- **Port operators and businesses** near four major Queensland ports: Abbot Point, Gladstone, Hay Point/Mackay, and Townsville\n- **Developers and builders** wanting to build or expand port-related infrastructure near the Reef\n- **Local councils** in areas surrounding these ports\n- **Shipping, mining, and resources companies** that rely on these ports\n- **Environmental advocates** and the general public who have a right to submit feedback on port plans\n\n## What It Actually Does\n\n**1. Picks four \"priority ports\"** — Only four ports (Abbot Point, Gladstone, Hay Point/Mackay, and Townsville) are designated for future growth. Port development is to be concentrated at these locations rather than spread along the coastline.\n\n**2. Requires \"master plans\" for each priority port** — The Minister must create a long-term blueprint (called a *master plan*) for each priority port. These plans must map out environmental values, identify potential impacts, and set management measures. The public and local councils get to have a say before any plan is finalised.\n\n**3. Creates \"port overlays\"** — Once a master plan exists, a legally binding set of rules (called a *port overlay*) must be made for the port area. These overlays control what development can and can't happen near the port and override local council planning rules where there's a conflict.\n\n**4. Bans new port facilities outside existing port boundaries** — If someone wants to build a new port facility (like a wharf, terminal or loading facility) inside the Great Barrier Reef World Heritage Area but *outside* an existing port's boundaries, that application must be refused. There are some limited exceptions.\n\n**5. Bans most large-scale dredging near the Reef** — \"Capital dredging\" (large dredging projects to create new or expanded waterways for ships) is prohibited within the Reef area, except:\n   - Inside a priority port's master planned area\n   - At the Port of Cairns, under strict volume limits\n\n**6. Bans dumping of dredge spoil in the Reef area** — Material dug up during capital dredging cannot be dumped back into the Great Barrier Reef area unless it is *beneficially reused* (e.g., for land reclamation or environmental restoration).\n\n**7. Protects existing lawful uses** — If you were already lawfully using land or had an existing development approval before a port overlay came into effect, that use or approval is protected. The new rules can't force you to stop or change existing lawful activities.\n\n## Why It Matters\n\nThis law was passed largely in response to international pressure — the United Nations threatened to list the Great Barrier Reef as a *World Heritage Site \"in danger\"* due to concerns about port expansion and dredging damage. The Act tries to balance Australia's need to export coal and resources through Queensland ports with the obligation to protect one of the world's most iconic natural environments.\n\n**Bottom line:** If you want to build near the Reef or expand a port, this Act will almost certainly affect your plans. Development is concentrated at four approved ports, large-scale dredging is tightly restricted, and a layered system of plans and overlays controls what can be built where."},"issue_detection":{"absurdities":[{"type":"circular_definition","section":"sec.6(1) and sec.7(2)","severity":"medium","reasoning":"The master planned area is defined by reference to what the master plan identifies, but the master plan's validity depends on correctly identifying the master planned area. Additionally, s.6(1)(b) requires the area to be 'approved by regulation', creating a three-way circularity: the master plan identifies the area, the regulation approves it, but s.7 requires the master plan to exist first.","confidence":0.75,"description":"Circular definition of 'master planned area': Section 6 defines the master planned area as the area 'identified in a master plan for the port as the master planned area', while section 7 requires the master plan to 'identify the master planned area for the port'. Each provision depends on the other for its meaning — the master planned area is what the master plan says it is, and the master plan must identify the master planned area — creating a bootstrapping problem where the area cannot be definitively established until the plan exists, but the plan requires an area to be identified."},{"type":"impossible_compliance","section":"sec.19(1) and sec.19(3)","severity":"low","reasoning":"The combination of mandatory ('must make') language with the vague qualifier 'as soon as practicable' creates an obligation that is practically impossible to enforce or breach, since any delay could be rationalised as 'practicable' in the circumstances.","confidence":0.6,"description":"The Minister must make a port overlay 'as soon as practicable' after the master plan takes effect, and the overlay 'must' implement the master plan. However, there is no mechanism to define what constitutes adequate implementation, nor any consequence if the Minister's satisfaction under s.19(3) is formed but later shown to be wrong. The obligation to act 'as soon as practicable' is effectively unenforceable given no deadline and no review mechanism specified in the Act."},{"type":"retroactive_impossibility","section":"sec.36(3)","severity":"high","reasoning":"Pre-commencement approvals would have been granted without this condition. Holders of such approvals may have already deposited, or contracted to deposit, material in restricted areas in reliance on the approval. Retroactively deeming a prohibition condition into those approvals creates legal impossibility for actions already taken and potential retrospective criminal or civil liability with no savings provision.","confidence":0.82,"description":"Section 36(3) declares that the deemed condition in s.36(2) — prohibiting deposit of dredge material in a restricted area — applies to approvals 'whether given before or after the commencement'. This retroactively imposes a condition on approvals already granted before the Act commenced, potentially making previously lawful conduct under those approvals immediately unlawful without any transitional relief or compensation mechanism."},{"type":"self_contradicting","section":"sec.4(1) and sec.4(2)","severity":"medium","reasoning":"Binding a party to an Act while simultaneously exempting that party from prosecution for any offence under that Act creates a logical contradiction: the 'binding' has no practical legal teeth for the most significant actors (Commonwealth, other States). This is a common legislative pattern in Australian law but is nonetheless internally inconsistent.","confidence":0.78,"description":"The Act 'binds all persons, including the State and... the Commonwealth and the other States' but 'the Commonwealth or a State can not be prosecuted for an offence'. The Commonwealth and other States are bound by obligations but face zero enforcement consequences for breach, rendering the binding effect largely symbolic for those entities."},{"type":"impossible_compliance","section":"sec.13(1)","severity":"medium","reasoning":"If a port were to be de-listed as a priority port, there is no mechanism to simply repeal its master plan — a new master plan must be made to repeal the old one, but s.7 only requires master plans for priority ports. A non-priority port would have an orphaned master plan with no clear legal basis for the replacement required by s.13.","confidence":0.65,"description":"The only mechanism to repeal a master plan is to make another master plan that specifically repeals the existing one. This means the Minister can never simply abolish a master plan — a replacement must always exist. Combined with s.7(1) which requires a master plan for each priority port, a port is permanently locked into having a master plan with no exit mechanism even if the port ceases to operate as a priority port."},{"type":"impossible_compliance","section":"sec.35(2)(b)(iii) and sec.35(3)","severity":"medium","reasoning":"Without a mandatory register or disclosure obligation for pre-commencement EIS dredging volumes, the approving authority has no reliable mechanism to determine whether the 150,000m³ threshold will be exceeded, making the compliance obligation unworkable in practice.","confidence":0.7,"description":"The 150,000m³ rolling 4-year cap for Port of Cairns capital dredging in s.35(2)(b)(iii) requires calculating accumulated volumes across multiple approvals in a 4-year window. However, s.35(3) excludes from the calculation any capital dredging that 'was the subject of an EIS process started before the commencement'. An approving authority must therefore know the volumes of excluded pre-commencement dredging to know what counts, but those volumes are not required to be recorded or disclosed anywhere under this Act, making precise compliance calculation potentially impossible."},{"type":"other","section":"sec.45(1)(e)(iii)","severity":"low","reasoning":"Once the s.38 review is completed, there can be no further submissions under it. The mandatory register requirement for this category becomes a permanent obligation to maintain a static historical record, with no mechanism to close or archive it.","confidence":0.55,"description":"The register must include matters raised in submissions about 'a review notified under section 38', but section 38 is specifically a review of s.35(2)(b) and (3) relating only to Port of Cairns capital dredging. The register obligation thus requires ongoing maintenance of a register entry for a one-off, time-limited review process (within 4 years of commencement), creating a permanent administrative obligation for a spent process."},{"type":"other","section":"sec.39(2)","severity":"low","reasoning":"While existing use rights protections are standard in planning law, the absolute nature of s.39 (no further regulation whatsoever) combined with the broad environmental protection purpose creates tension where environmentally harmful existing uses are permanently insulated from any regulatory response under the Act.","confidence":0.6,"description":"Section 39 protects lawful uses of premises from being stopped, further regulated, or required to be changed by a port overlay. However, s.21(2)(c)(i) expressly empowers the port overlay to state 'aspects of development that may not take place'. The interaction between these provisions means a port overlay can prohibit new development but cannot touch existing lawful uses — potentially creating a permanent class of exempt uses that undermines the environmental protection purpose of the Act."}],"contradictions":[{"severity":"high","section_a":"sec.19(3)","section_b":"sec.19(4)","confidence":0.85,"description":"Section 19(3) requires the Minister to be satisfied the port overlay 'implements the master plan for the master planned area', but s.19(4) prohibits the port overlay from regulating PDA assessable/accepted development or State development area regulated development. If the master plan contains priority management measures applicable to development in a priority development area or State development area within the master planned area, the port overlay cannot implement those measures, making full compliance with s.19(3) impossible for overlapping areas."},{"severity":"high","section_a":"sec.26","section_b":"sec.29(1)","confidence":0.88,"description":"Section 26 declares that a port overlay prevails over any inconsistent planning instrument under the Planning Act. However, s.29(1) states that MEDQ 'must consider, but is not bound by, a requirement under a port overlay' when making or amending a development scheme under the Economic Development Act. A development scheme is a planning instrument. These provisions pull in opposite directions: s.26 asserts overlay supremacy, while s.29(1) expressly permits MEDQ to disregard the overlay when making a development scheme."},{"severity":"high","section_a":"sec.26","section_b":"sec.32(1)","confidence":0.85,"description":"Section 26 provides that the port overlay prevails over inconsistent planning instruments. Section 32(1) states the Coordinator-General 'must consider, but is not bound by, a requirement under a port overlay' when making an approved development scheme under the State Development Act. An approved development scheme is a planning instrument-equivalent instrument. The overlay's declared supremacy is effectively nullified for State development area schemes."},{"severity":"high","section_a":"sec.34(1)","section_b":"sec.34(2)","confidence":0.8,"description":"Section 34(1) mandates refusal of development applications for port facilities within the State marine park or in restricted areas outside existing port limits. Section 34(2) exempts dredging and disposal of dredge material from this refusal obligation. However, s.35(1) separately prohibits approvals for capital dredging in restricted areas for port facility purposes. The interaction creates uncertainty: s.34(2) exempts dredging from mandatory refusal, but s.35(1) prohibits approval of the same activity, meaning an assessment manager cannot refuse under s.34 but also cannot approve under s.35 — leaving the application in regulatory limbo."},{"severity":"high","section_a":"sec.42(3)","section_b":"sec.34(4)","confidence":0.78,"description":"Section 42(3) provides that pending development applications must be decided 'as if the port overlay were not in effect', applying the Planning Act without the overlay. Section 34(4) states that s.34's mandatory refusal obligation applies 'despite' the Planning Act. This creates a conflict for applications that are both pending when the overlay takes effect (triggering s.42) and relate to port facility development in a restricted area (triggering s.34): s.42 says decide without the overlay under the Planning Act, but s.34 overrides the Planning Act to mandate refusal regardless."},{"severity":"medium","section_a":"sec.7(1)","section_b":"sec.13(1)","confidence":0.65,"description":"Section 7(1) imposes a mandatory obligation on the Minister to make a master plan for 'each priority port'. Section 13(1) provides that a master plan can only be repealed by making another master plan that specifically repeals it. Read together, these provisions create an inescapable obligation: the Minister must always have a master plan for each priority port, and can never eliminate a master plan without simultaneously creating a new one. While internally consistent, if the Act were amended to remove a port from the priority port list, the existing master plan for that port would be irrepealable under current mechanisms (no process exists to repeal without replacement), as s.7 would no longer require a replacement to be made."},{"severity":"medium","section_a":"sec.20(1)","section_b":"sec.20(2)","confidence":0.82,"description":"Section 20(1) states a port overlay is 'a statutory instrument under the Statutory Instruments Act 1992'. Section 20(2) states it 'is not subordinate legislation'. Under the Statutory Instruments Act 1992 (Qld), a statutory instrument is defined to include subordinate legislation. Declaring an instrument to be a statutory instrument while simultaneously declaring it not to be subordinate legislation creates an internal contradiction with the definitional framework of the referenced Act, and is only partially resolved by s.23(5)'s deeming provision for disallowance purposes."},{"severity":"low","section_a":"sec.9(2)(c)","section_b":"sec.10(2)(e)","confidence":0.6,"description":"Section 9 requires the Minister to give notice to port authorities and local governments with a minimum 20 business day period to make submissions on the proposal. Section 10 then requires a separate public notice and consultation period of at least 30 business days (for a new master plan) after preparing the draft instrument. The Act does not clarify the relationship between submissions received under s.9 and those under s.10, nor whether the s.9 submission period must be completed before the s.10 draft is prepared, creating procedural uncertainty about the sequencing and whether submissions overlap or are distinct processes."},{"severity":"medium","section_a":"sec.6(3)","section_b":"sec.35(2)(a)","confidence":0.7,"description":"Section 6(3) prohibits the master planned area from including any area within a marine park. Section 35(2)(a) permits capital dredging (with approval) 'in a priority port's master planned area'. Since the master planned area cannot include marine park areas, capital dredging approvals under s.35(2)(a) can never cover marine park areas by definition. However, s.35(1) prohibits capital dredging 'within a restricted area' (defined in s.33 as within the GBR World Heritage Area but outside the Commonwealth marine park). Areas within the State marine park but inside the GBR World Heritage Area would be neither in the master planned area (excluded by s.6(3)) nor a 'restricted area' (excluded by s.33 definition), potentially falling into an unregulated gap."}]},"kimi_summary":{"_metrics":{"completionTokens":644},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears to remain focused on its original purpose of protecting the Great Barrier Reef through port development management. The 2024 amendments (section 51) clarified the treatment of tidal water areas but did not significantly expand scope beyond the original four priority ports and the core regulatory framework established in 2015."},"complexity_factors":["Multiple overlapping regulatory instruments (master plans, port overlays, planning schemes, land use plans) with complex hierarchy rules","Extensive cross-referencing to other Queensland legislation (Planning Act, Transport Infrastructure Act, Economic Development Act, State Development Act, Environmental Protection Act)","Nested exceptions and carve-outs — e.g., section 34 prohibitions with exceptions for dredging, Gladstone islands, and EIS processes started before commencement","Conditional logic for capital dredging approvals with volume calculations over 4-year periods and grandfathering clauses","Multiple transitional provisions dealing with amendments from 2016 and 2024 affecting how existing applications and tidal water areas are treated","Defined terms scattered across sections and schedule 1 dictionary, with some terms defined locally (e.g., 'restricted area' in Part 3) and others relying on external statutes","Administrative amendment powers that bypass normal consultation processes","Complex interaction rules between port overlays and other development schemes (MEDQ and Coordinator-General must consider but are not bound by port overlays)"],"plain_english_summary":"This Queensland law protects the Great Barrier Reef by controlling port development along the coast. It does three main things:\n\n**1. Bans new port facilities in sensitive areas**\n- No new port facilities can be built in the State marine park or in the Great Barrier Reef World Heritage Area outside existing port boundaries\n- There are limited exceptions for dredging and for specific islands near Gladstone\n\n**2. Creates a planning system for four priority ports**\n- The **priority ports** are: Abbot Point, Gladstone, Hay Point/Mackay, and Townsville\n- The Minister must create a **master plan** for each port that sets out long-term vision, environmental protections, and how development should happen\n- These master plans must be reviewed at least every 10 years\n\n**3. Implements plans through \"port overlays\"**\n- After a master plan is made, a **port overlay** is created — this is a legal instrument that actually regulates what development can occur\n- The overlay can say what types of development are allowed, what assessment is needed, and what conditions apply\n- Port overlays override inconsistent local planning schemes and port land use plans\n\n**Key restrictions on dredging:**\n- Capital dredging (major excavation to deepen channels or create new areas) is banned in the Great Barrier Reef World Heritage Area unless it's in a priority port's master planned area or meets strict limits for Cairns\n- Dredged material generally cannot be dumped in the World Heritage Area unless it's reused for beneficial purposes like land reclamation or environmental restoration\n\nThe law includes extensive consultation requirements, protections for existing lawful uses and approvals, and public access to registers of plans and decisions."},"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/sustainable-ports-development-act-2015","history":"/api/acts/sustainable-ports-development-act-2015/history","analysis":"/api/acts/sustainable-ports-development-act-2015/analysis","conflicts":"/api/acts/sustainable-ports-development-act-2015/conflicts","importantCases":"/api/acts/sustainable-ports-development-act-2015/important-cases","documents":"/api/acts/sustainable-ports-development-act-2015/documents"}}