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stated community benefit condition on any
development approval given for the application.
(3) If the notice includes a direction under subsection
(2)—
(a) the notice must state the reasons for giving
the direction; and
(b) the chief executive must give a copy of the
notice to the assessment manager for the
development application or the responsible
entity for the change application; and
(c) the assessment manager or responsible
entity must comply with the direction.
(4) Subsection (5) applies if—
(a) the chief executive gives a direction under
subsection (2) in relation to the development
application or change application (the
earlier direction); and
(b) after the direction is given, the applicant
changes the development application or
change application.
(5) If the chief executive gives a direction under
subsection (2) in relation to the development
application, or change application, as changed,
the earlier direction stops having effect.
(6) In this section—
community benefit condition means a condition
mentioned in section 65AA(2)(b) or (c) or (3).
106ZG Nominating enforcement authority
If, in accordance with a direction under section
106ZF(2), a condition is imposed on a
development approval—
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(a) the chief executive may, by notice given to a
person, nominate the person to be an
enforcement authority in relation to the
condition; and
(b) the nominated person is an enforcement
authority in relation to the condition.
106ZH Reports about directions
(1) If the chief executive gives a direction under
section 106ZF(2), the chief executive must
prepare a report that—
(a) explains the nature of the direction and the
matters the chief executive considered in
making the direction; and
(b) includes a copy of the direction.
(2) The Minister must table a copy of the report in the
Legislative Assembly within 14 sitting days after
the day the direction is given.
Division 6 Deciding particular
applications and appeal
rights
106ZI Deciding particular applications relating to
development requiring social impact
assessment
(1) This section applies in relation to the following
applications (each a relevant application)—
(a) a development application for development
requiring social impact assessment;
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(b) a change application relating to
development requiring social impact
assessment;
(c) change representations about a development
approval for development requiring social
impact assessment;
(d) an extension application for a development
approval for development requiring social
impact assessment.
(2) The following matters are not grounds for
refusing the relevant application or a part of the
relevant application, or directing the assessment
manager or responsible entity to refuse the
relevant application or a part of the relevant
application—
(a) there is no community benefit agreement for
the relevant application or for an application
for the development approval the subject of
the relevant application;
(b) the community benefit agreement for the
relevant application, or for an application
for the development approval the subject of
the relevant application, does not adequately
manage, mitigate or counterbalance the
social impacts of the development requiring
social impact assessment.
(3) This section does not apply in relation to a
relevant application that is called in by the
Minister under part 6, division 3.
106ZJ Limitations on appeal rights
Despite section 229 and schedule 1, a person other
than the applicant may not appeal against—
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(a) a condition of a development approval
imposed under section 65AA(2) or (3); or
(b) a condition of a development approval
imposed under a direction of the chief
executive under section 106ZF(2); or
(c) a failure to impose a condition on a
development approval under section
65AA(2) or (3).
Division 7 Miscellaneous
106ZK Development applications and change
applications accompanied by particular
documents
(1) This section applies if—
(a) a person makes a development application
for, or a change application relating to,
development requiring social impact
assessment (each a relevant application);
and
(b) the relevant application is accompanied by a
relevant assessment document.
(2) The relevant application is taken to comply
with—
(a) for a development application—section
51(4)(a); or
(b) for a change application—section 79(3)(a).
(3) Section 106W does not apply in relation to the
relevant assessment document.
(4) This Act, other than sections 51(4)(a), 79(3)(a)
and 106W, applies in relation to the relevant
application as if the relevant assessment
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document were a social impact assessment report
for the application.
(5) In this section—
Coordinator-General’s report see the State
Development Act, schedule 2.
relevant assessment document means—
(a) a social impact assessment under the Strong
and Sustainable Resource Communities Act
2017 for a large resource project under that
Act if the project involves the development
requiring social impact assessment the
subject of the relevant application; or
(b) an EIS or IAR under the State Development
Act for a coordinated project under that Act
if—
(i) the EIS or IAR contains an assessment
of the effect of the coordinated project
on the social environment of a
community in the locality of the
project; and
(ii) the EIS or IAR has been accepted by
the Coordinator-General as the final
EIS or IAR for the coordinated project
under the State Development Act,
section 34A or 34I; and
(iii) the Coordinator-General’s report for
the EIS or IAR has not lapsed under the
State Development Act, section 35A;
and
(iv) the coordinated project involves the
development requiring social impact
assessment the subject of the relevant
application.
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106ZL Use of particular amounts
(1) This section applies in relation to a financial
contribution made to a local government under—
(a) a community benefit agreement; or
(b) a development condition imposed under
section 65AA(3); or
(c) a development condition imposed under a
direction of the chief executive under
section 106ZF(2); or
(d) an agreement mentioned in section
65AA(7).
(2) If the financial contribution is made for a
particular thing, the financial contribution must
be used for that purpose.
(3) To remove any doubt, it is declared that the
amount paid need not be held in trust by the local
government.
106ZM Fees for particular matters
(1) This section applies if an entity gives a social
impact assessment report to a local government
for the purpose of negotiating a community
benefit agreement with the local government.
(2) The local government may charge the entity a fee
in relation to each of the following activities—
(a) considering the social impact assessment
report;
(b) negotiating a community benefit agreement
with the entity, including participating in a
mediation process in relation to the
agreement.
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Note—
See also the City of Brisbane Act 2010, section 99 and
the Local Government Act 2009, section 97.
(3) If the entity is charged a fee under subsection (2),
the fee is payable whether or not the entity enters
into a community benefit agreement with the local
government.
22 Amendment of s 156 (Exercise of discretion unaffected
by infrastructure agreement)
Section 156, after ‘a public sector entity’—
insert—
or the chief executive
23 Amendment of s 157 (Infrastructure agreement applies
instead of approval and charges notice)
Section 157(3)(a)—
omit, insert—
(a) the infrastructure agreement relates to—
(i) a development approval given or
changed by the chief executive under
chapter 3, part 6A; or
(ii) a development approval for
development requiring social impact
assessment given or changed by the
chief executive as the assessment
manager or responsible entity for the
application for the approval; or
(iii) a development approval that is subject
to a condition imposed under a
direction of the chief executive under
section 106ZF(2); and
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24 Insertion of new s 160A
After section 160—
insert—
160A Who is an enforcement authority
(1) For this chapter, an enforcement authority is—
(a) for assessable development the subject of a
development approval other than a
development approval mentioned in
paragraph (b)—any of the following
persons—
(i) the prescribed assessment manager or
the chosen assessment manager for the
development application;
(ii) a referral agency;
(iii) if the chief executive is the prescribed
assessment manager for the
development application or a referral
agency—a person the chief executive
nominates to be an enforcement
authority under subsection (2);
(iv) if a private certifier (class A)
performed private certifying functions
for the application for the approval
under the Building Act—the certifier
or the local government; or
Note—
For the enforcement authority for development
under a development approval that was a PDA
development approval, see the Economic
Development Act 2012, section 51AI.
(b) for assessable development the subject of a
development approval given or changed
under a call in provision or by the chief
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executive under chapter 3, part 6A—a
person the chief executive nominates to be
an enforcement authority under subsection
(2); or
(c) for assessable development that is not the
subject of a development approval—a
person who would be an enforcement
authority under paragraph (a) if a
development approval was given for the
development; or
(d) for building work or plumbing work carried
out by or for a public sector entity—the
chief executive, however described, of the
entity; or
(e) for any other matter—the local government.
Note—
See also section 106ZG.
(2) The chief executive may, by notice given to a
person, nominate the person to be an enforcement
authority.
(3) The notice under subsection (2) may state that the
person is an enforcement authority in relation to a
particular matter only.
Example—
The notice may state that the person is an enforcement
authority in relation to—
(a) a particular development approval only or a
particular class of development approvals only; or
(b) a particular condition of a development approval
only.
(4) Despite subsection (1)—
(a) a referral agency is an enforcement
authority for assessable development in
relation to matters within the agency’s
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functions for a development application for
the development only; and
(b) if a notice under subsection (2) states that a
person is an enforcement authority in
relation to a particular matter only—the
person is an enforcement authority in
relation to the particular matter only.
(5) In this section—
private certifier (class A) means a private certifier
whose licence under the Building Act has
development approval endorsement under that
Act.
25 Amendment of s 182 (Appointment and qualifications)
Section 182(1)—
omit, insert—
(1) The chief executive may, by instrument in
writing, appoint any of the following persons as
an inspector—
(a) an officer of a public sector entity;
(b) another person prescribed by regulation.
26 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definition enforcement authority—
omit.
(2) Schedule 2—
insert—
community benefit agreement see section
106Y(1).
development requiring social impact assessment
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means development prescribed to be development
for which social impact assessment is required
under section 106T(1).
enforcement authority see section 160A(1).
social impact, in relation to development
requiring social impact assessment, see section
106R.
social impact assessment report see section
106V.
(3) Schedule 2, definition development condition, paragraph (b),
‘section 56 or 95(1)(d)’—
omit, insert—
section 56(1)(b)(i), 95(1)(d)(i) or 106ZF(2)
(4) Schedule 2, definition excluded application, paragraph (c)(ii),
‘section 78A(4)’—
omit, insert—
section 78A(4)(a)
(5) Schedule 2, definition properly made application, ‘section
51(5)’—
omit, insert—
section 51(6)
(6) Schedule 2, definition standard conditions, ‘section
64(8)(c)’—
omit, insert—
section 64(8)(d)
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Part 4 Amendment of Planning and
Environment Court Act 2016
27 Act amended
This part amends the Planning and Environment Court Act
2016.
Note—
See also the amendments in schedule 1.
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(1) Section 11(2) and (3)—
omit, insert—
(2) However—
(a) a declaratory proceeding for a matter under
the Planning Act, chapter 3, part 6, division
3 or part 6A may be started only under
section 12; and
(b) a declaratory proceeding for a matter stated
in section 12A may be started only under
that section.
(3) Also, a person may not start a declaratory
proceeding for a matter under—
(a) the Planning Act, chapter 3, part 6, division
2; or
(b) the Planning Act, section 106ZE or 106ZF.
(2) Section 11(5)(a), ‘under the Planning Act’—
omit.
(3) Section 11(5)(a), ‘section 106D of that Act’—
omit, insert—
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the Planning Act, section 106D
(4) Section 11(6), ‘subsection (2)’—
omit, insert—
subsection (2)(a)
29 Amendment of s 12, hdg (Declaratory jurisdiction for
particular matters under Planning Act)
Section 12, heading, ‘Planning Act’—
omit, insert—
Planning Act, ch 3, pts 6 and 6A
30 Insertion of new s 12A
After section 12—
insert—
12A Declaratory jurisdiction for other particular
matters under Planning Act
(1) A person may start a proceeding in the P&E Court
for a declaration about a matter stated in, to be
stated in or that should have been stated in a social
impact assessment report for a development
application or change application if the person
is—
(a) the applicant; or
(b) if a development approval has been given
for the application—the holder of the
approval; or
(c) the assessment manager or responsible
entity for the application.
(2) A person may start a proceeding in the P&E Court
for a declaration about a matter stated in, to be
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