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(d) the provision of services to the community,
including, for example, education services,
emergency services or health services.
106S References to impact
In this part, a reference to an impact in relation to
development includes—
(a) a positive or negative impact of the
development; and
(b) a direct or indirect impact of the
development; and
(c) a cumulative impact of the development and
other uses.
Division 2 Regulation about
development requiring
social impact assessment
106T Making regulation about development
requiring social impact assessment
(1) A regulation may prescribe development that is a
material change of use of premises to be
development for which social impact assessment
is required.
(2) The Minister may recommend to the Governor in
Council the making of a regulation under
subsection (1) only if the Minister is satisfied the
development has the potential to impact on the
social environment of a community in the locality
of the development.
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106U Regulation about pre-existing applications
(1) This section applies in relation to a development
application or change application (each a
pre-existing application) if, after the application
is made but before it is decided, development the
subject of the application is prescribed by
regulation to be development for which social
impact assessment is required under section
106T.
(2) The regulation may provide for the effect of the
making of the regulation on the process for
administering the pre-existing application.
(3) Without limiting subsection (2), the regulation
may provide that—
(a) the process for administering the
pre-existing application continues as if the
regulation had not been made; or
(b) on the day the regulation commences—
(i) if the pre-existing application is a
development application that is a
properly made application—the
application is taken not to be a properly
made application, and is taken not to
have been accepted, under section 51;
or
(ii) if the pre-existing application is a
change application that has been
accepted under section 79(4)—the
application is taken not to have been
accepted under the section; or
(c) the process for administering the
pre-existing application stops on the day the
regulation commences; or
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(d) the process for administering the
pre-existing application restarts on a day, or
on the happening of an event, stated in—
(i) the regulation; or
(ii) a notice given to the applicant by the
Minister; or
Example of an event for paragraph (d)—
the applicant gives the assessment manager or
responsible entity for the pre-existing application
a social impact assessment report and a
community benefit agreement for the application
(e) the process for administering the
pre-existing application restarts from a point
in the process stated in—
(i) the regulation; or
(ii) a notice given to the applicant by the
Minister.
(4) Also, the regulation may—
(a) modify a period stated in this chapter for
assessing and deciding the pre-existing
application; or
(b) provide that the pre-existing application
lapses after a stated period.
(5) This section does not apply in relation to a change
application for a minor change to a development
approval.
Division 3 Social impact assessment
reports
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106V Meaning of social impact assessment report
A social impact assessment report is a report
about the social impact of development requiring
social impact assessment the subject of a
development application or change application.
106W Requirements for social impact assessment
reports
(1) For sections 51(4)(a), 52A(3)(a) and 79(3)(a), the
social impact assessment report for a
development application or change application
must—
(a) identify, analyse and assess the social
impact of the development requiring social
impact assessment the subject of the
application; and
(b) comply with the requirements prescribed by
regulation, including, for example,
requirements about—
(i) assessing the social impact of the
development requiring social impact
assessment; and
(ii) consulting with the public in preparing
the social impact assessment report.
(2) The chief executive may make a guideline about
preparing a social impact assessment report.
(3) If the chief executive makes a guideline under
subsection (2), the guideline must be published on
the department’s website.
106X Changes to social impact assessment
reports
(1) To remove any doubt, it is declared that the
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applicant for a development application or change
application may, at any time before the
application is decided—
(a) change a social impact assessment report for
the application; and
(b) give a copy of the social impact assessment
report as changed to the assessment
manager or responsible entity for the
application.
(2) A change to a social impact assessment report for
a development application or change application
is not a change to the application.
Note—
See also section 52.
Division 4 Community benefit
agreements
106Y Meaning of community benefit agreement
(1) A community benefit agreement is an agreement,
entered into under this division, about providing a
benefit to a community in the locality of
development requiring social impact assessment
the subject of a development application or
change application, including, for example—
(a) providing or contributing towards
infrastructure or another thing for the
community; or
Examples of infrastructure and other things for the
community—
• a sports facility or library for the community
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• a training program to upskill members of the
community
(b) making a financial contribution to the
community.
Example for paragraph (b)—
giving a donation to a fund established for the
benefit of the community
(2) To remove any doubt, it is declared that a
community benefit agreement is not an
infrastructure agreement even if it relates to
providing or funding infrastructure.
106Z Entering into community benefit agreements
(1) For sections 51(4)(b), 52A(5)(a) and 79(3)(b), a
community benefit agreement for a development
application or change application must be entered
into with—
(a) the local government for the local
government area in which the premises the
subject of the application are located; and
(b) if a social impact assessment report for the
application identifies a social impact for a
community in another local government
area—the local government for the other
local government area.
(2) An entity may also enter into a community benefit
agreement with a public sector entity prescribed
by regulation, other than a local government
mentioned in subsection (1), in relation to a social
impact of development requiring social impact
assessment the subject of a development
application or change application.
(3) If a public sector entity, other than a local
government, is a party to a community benefit
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agreement under subsection (2), the public sector
entity must give a copy of the agreement to the
local government for the local government area to
which the agreement relates.
(4) The following provisions apply in relation to a
community benefit agreement as if a reference in
the provision to an infrastructure agreement were
a reference to the community benefit
agreement—
(a) section 151;
(b) section 152, other than section 152(1)(c);
(c) section 155;
(d) section 156.
(5) A community benefit agreement must include the
matters prescribed by regulation.
106ZA Amending community benefit agreements
(1) To remove any doubt, it is declared that, at any
time before a development application or change
application is decided—
(a) the parties to a community benefit
agreement for the application may agree to
amend the community benefit agreement;
and
(b) the applicant may give a copy of the
amended community benefit agreement to
the assessment manager or responsible
entity for the application.
(2) An amendment of a community benefit
agreement for a development application or
change application is not a change to the
application.
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Note—
See also section 52.
106ZB Referral to mediation
(1) This section applies if—
(a) a local government and another entity have
agreed to enter into negotiations for a
community benefit agreement but have not
yet entered into a community benefit
agreement; or
(b) a local government and another entity have
agreed to enter into negotiations about
changes to a community benefit agreement
but have not yet agreed on changes.
(2) The chief executive may, on request by the local
government and the other entity, refer the local
government and the entity to mediation to seek to
achieve an agreement between them.
(3) If the chief executive makes a referral under
subsection (2), the chief executive must give the
local government and the other entity a notice
stating—
(a) the name of the person who is to conduct the
mediation (the mediator); and
(b) any other information prescribed by
regulation.
(4) The mediator must—
(a) be independent of the local government and
the other entity; and
(b) have qualifications, experience or skills
relevant to conducting the mediation.
(5) In performing the mediator’s functions under the
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referral, the mediator has the same privileges,
protection or immunity as a District Court judge
performing a judicial function.
(6) The mediator must not disclose to anyone
information acquired by the mediator during the
mediation, other than under subsection (7).
Maximum penalty—50 penalty units.
(7) The mediator may disclose the information—
(a) with the agreement of the person to whom
the information relates or someone else
authorised by the person; or
(b) to the chief executive under section
106ZC(5); or
(c) for the purpose of giving effect to this
section or section 106ZC; or
(d) for statistical purposes not likely to reveal
the identity of a person to whom the
information relates; or
(e) for an inquiry or proceeding about an
offence happening during the mediation; or
(f) for a proceeding founded on fraud alleged to
be connected with, or to have happened
during, the mediation; or
(g) if the disclosure is authorised under an Act
or another law.
106ZC Mediation process
(1) This section applies if the chief executive refers a
local government and another entity to mediation
under section 106ZB.
(2) Participation in the mediation is voluntary.
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(3) The local government or the other entity may
withdraw from the mediation at any time.
(4) The mediation ends on the earliest of the
following days—
(a) if the local government or the other entity
withdraws from the mediation—the day the
local government or entity withdraws;
(b) if the local government and the other entity
agree the mediation has ended—the day the
local government and the entity agree the
mediation has ended;
(c) if the local government and the other entity
sign an agreement agreeing to a
resolution—the day the agreement is signed.
(5) As soon as practicable after the mediation ends,
the mediator must give the chief executive a
certificate about the mediation in the approved
form.
(6) In this section—
mediator means the person named as the person
who is to conduct the mediation in the notice
given to the local government and the other entity
under section 106ZB(3).
106ZD When community benefit agreements apply
instead of particular instruments
(1) To the extent of any inconsistency, a community
benefit agreement entered into under section
106Z(2) applies instead of a community benefit
agreement entered into under section 106Z(1).
(2) To the extent of any inconsistency, a community
benefit agreement that relates to a development
approval for development requiring social impact
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assessment applies instead of—
(a) an infrastructure agreement that relates to
the development approval; or
(b) the development approval; or
(c) an infrastructure charges notice that relates
to the development approval.
(3) However, subsection (2)(b) does not apply if—
(a) the development approval was given or
changed by the chief executive as the
assessment manager or responsible entity
for the application for the approval; and
(b) the chief executive imposed a condition on
the development approval under section
65AA(3).
Division 5 Notices and directions by
chief executive
106ZE Notices given by chief executive
(1) The chief executive may give a notice to the
applicant for a development application or change
application stating that—
(a) a social impact assessment report is not
required for the application; or
(b) a community benefit agreement is not
required for the application.
(2) However, the chief executive may give the notice
only if satisfied—
(a) for a notice under subsection (1)(a)—it is
appropriate in the circumstances for the
development application or change
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application to be made without a social
impact assessment report; or
(b) for a notice under subsection (1)(b)—it is
appropriate in the circumstances for the
development application or change
application to be made without a community
benefit agreement.
(3) Without limiting subsection (2), the chief
executive may give a notice under subsection
(1)(b) if a social impact assessment report for the
development application or change application
states that the development requiring social
impact assessment the subject of the
application—
(a) will not have a social impact; or
(b) will have a minor social impact only.
(4) A regulation may prescribe matters for this
section, including procedures for the giving of a
notice under subsection (1).
106ZF Directions given by chief executive
(1) This section applies if—
(a) the chief executive gives the applicant for a
development application or change
application a notice under section 106ZE(1);
and
(b) the chief executive is not the assessment
manager for the development application or
the responsible entity for the change
application.
(2) The notice may direct the assessment manager for
the development application or the responsible
entity for the change application to impose a
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