Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025
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Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025
[s 30] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 2 Social impact and community benefit amendments Part 4 Amendment of Planning and Environment Court Act 2016 Page 47 Authorised by the Parliamentary Counsel stated in or that should have been stated in a community benefit agreement if— (a) the person is a party to the community benefit agreement; or (b) the proceeding relates to the enforcement of a condition of a development approval for development requiring social impact assessment that requires compliance with the community benefit agreement. (3) A person may start a proceeding in the P&E Court for a declaration about the imposition of, or a failure to impose, a condition on a development approval for development requiring social impact assessment under the Planning Act, section 65AA(2) or (3) if the person is— (a) the applicant for or holder of the development approval; or (b) the assessment manager or responsible entity for the application for the development approval. (4) Subsection (3) applies subject to section 11(3)(b). (5) A proceeding started under this section is a declaratory proceeding. (6) In this section— community benefit agreement see the Planning Act, section 106Y(1). development requiring social impact assessment see the Planning Act, schedule 2. responsible entity, for a change application, see the Planning Act, section 78A. social impact assessment report see the Planning Act, section 106V. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
[s 31] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 3 Economic development amendments Page 48 Authorised by the Parliamentary Counsel 31 Amendment of sch 1 (Dictionary) (1) Schedule 1, definition declaratory proceeding— omit. (2) Schedule 1— insert— change application means a change application under the Planning Act. declaratory proceeding see sections 11(1), 12(3) and 12A(5). Chapter 3 Economic development amendments 32 Act amended This chapter amends the Economic Development Act 2012. 33 Amendment of s 32Q (Appointment) (1) Section 32Q, heading, after ‘Appointment’— insert— and removal (2) Section 32Q— insert— (4) The Governor in Council may, at any time, remove the CEO from office. 34 Omission of s 32V (Removal by Governor in Council) Section 32V— Clause 1 2 3 4 5 6 7 8 9 10 11 Clause 12 13 Clause 14 15 16 17 18 19 20 21 Clause 22 23
[s 35] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 3 Economic development amendments Page 49 Authorised by the Parliamentary Counsel omit. 35 Amendment of s 32W (Vacancy in office) Section 32W(d)— omit, insert— (d) is removed from office. 36 Amendment of s 32ZD (Acting CEO) (1) Section 32ZD, heading, after ‘CEO’— insert— —appointment and removal (2) Section 32ZD— insert— (3) The Governor in Council may, at any time, remove the acting CEO from office. 37 Amendment of s 32ZK (Appointment) (1) Section 32ZK, heading, after ‘Appointment’— insert— and removal (2) Section 32ZK— insert— (5) The Governor in Council may, at any time, remove the executive officer from office. 38 Omission of s 32ZP (Removal by Governor in Council) Section 32ZP— omit. 1 Clause 2 3 4 5 Clause 6 7 8 9 10 11 12 13 Clause 14 15 16 17 18 19 20 21 Clause 22 23 24
[s 39] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 3 Economic development amendments Page 50 Authorised by the Parliamentary Counsel 39 Amendment of s 32ZQ (Vacancy in office) Section 32ZQ(d)— omit, insert— (d) is removed from office. 40 Amendment of s 32ZW (Acting executive officer) (1) Section 32ZW, heading, after ‘officer’— insert— —appointment and removal (2) Section 32ZW— insert— (3) The Governor in Council may, at any time, remove the acting executive officer from office. 41 Amendment of s 134 (Terms and conditions of appointment and vacancy in office) (1) Section 134(6)— omit, insert— (6) The Governor in Council may, at any time, remove an appointed board member from office. (2) Section 134(7), ‘section 132(1)(d)’— omit, insert— section 132(1)(c) 42 Insertion of new s 139 After section 138— insert— Clause 1 2 3 4 Clause 5 6 7 8 9 10 11 12 Clause 13 14 15 16 17 18 19 20 21 Clause 22 23 24
[s 43] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 4 Brisbane Olympic and Paralympic Games amendments Part 1 Preliminary Page 51 Authorised by the Parliamentary Counsel 139 Attendance by proxy—particular board members (1) A board member mentioned in section 132(1)(a) or (b) may attend a meeting of the board by proxy. (2) The proxy holder— (a) may participate in the meeting, and vote, on the board member’s behalf; and (b) is to be counted for the purpose of deciding whether a quorum is present under section 138. 43 Amendment of s 160 (Report about person’s criminal history for particular appointments) Section 160(1), ‘section 132(1)(d)’— omit, insert— section 132(1)(c) Chapter 4 Brisbane Olympic and Paralympic Games amendments Part 1 Preliminary 44 Act amended This chapter amends the Brisbane Olympic and Paralympic Games Arrangements Act 2021. 1 2 3 4 5 6 7 8 9 10 Clause 11 12 13 14 15 16 17 18 19 Clause 20 21 22
[s 45] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 4 Brisbane Olympic and Paralympic Games amendments Part 2 Amendments commencing on assent Page 52 Authorised by the Parliamentary Counsel Part 2 Amendments commencing on assent 45 Amendment of s 3 (Main purposes of Act) (1) Section 3(b), from ‘to ensure’— omit, insert— to deliver authority venues, and monitor the delivery of other venues, in time for the games; and (2) Section 3— insert— (c) to facilitate the timely delivery of authority venues, other venues and villages for the games; and (d) to maximise the legacy benefits from the games. 46 Amendment of s 5 (Definitions) Section 5, ‘schedule 1’— omit, insert— schedule 6 47 Replacement of s 5A (Venues and villages) Section 5A— omit, insert— 5A Authority venues (1) A site or facility mentioned in schedule 1, column 1 is an authority venue for the Brisbane 2032 Olympic and Paralympic Games. 1 2 Clause 3 4 5 6 7 8 9 10 11 12 13 14 15 Clause 16 17 18 19 Clause 20 21 22 23 24 25 26
[s 47] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 4 Brisbane Olympic and Paralympic Games amendments Part 2 Amendments commencing on assent Page 53 Authorised by the Parliamentary Counsel (2) The games-related use for each authority venue is the use stated for the venue in schedule 1, column 2. (3) The legacy use for each authority venue is the use stated for the venue in schedule 1, column 3. 5B Other venues (1) A site or facility mentioned in schedule 2, column 1 is an other venue for the Brisbane 2032 Olympic and Paralympic Games. (2) The games-related use for each other venue is the use stated for the venue in schedule 2, column 2. (3) The legacy use for each other venue is the use stated for the venue in schedule 2, column 3. 5C Villages (1) A site or facility mentioned in schedule 3, column 1 is a village for the Brisbane 2032 Olympic and Paralympic Games. (2) The games-related use for each village is the use stated for the village in schedule 3, column 2. (3) The legacy use for each village is the use stated for the village in schedule 3, column 3. 5D Delivery of venues and villages Delivery, of an authority venue, other venue or village, is both of the following— (a) completing the detailed design and construction of the venue or village for its games-related use, including any temporary structures; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
[s 48] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 4 Brisbane Olympic and Paralympic Games amendments Part 2 Amendments commencing on assent Page 54 Authorised by the Parliamentary Counsel (b) ensuring the venue or village is fit for its games-related use. 48 Amendment of s 10 (Requirements for performance of functions) Section 10(1)— insert— (f) have regard to decisions and advice of the leadership group mentioned in section 55A. 49 Insertion of new s 36A After section 36— insert— 36A Attendance at meetings by Minister’s nominee (1) Each board meeting must be attended by a Minister’s nominee. (2) A person who attends a board meeting under subsection (1)— (a) may observe the meeting; and (b) may speak to the board only if invited to do so by the board; and (c) is entitled to receive the same information a director is entitled to receive relating to the meeting or other business of the board. (3) In this section— Minister’s nominee means— (a) a public service employee who is nominated by the Minister for the purpose of attending board meetings; or 1 2 Clause 3 4 5 6 7 8 Clause 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27
[s 50] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 4 Brisbane Olympic and Paralympic Games amendments Part 2 Amendments commencing on assent Page 55 Authorised by the Parliamentary Counsel (b) another public service employee acting on behalf of the employee mentioned in paragraph (a). 50 Amendment of s 46 (Requirement for meetings of particular committees) (1) Section 46, heading, ‘particular’— omit. (2) Section 46(1)— omit. (3) Section 46(2), from ‘Each’ to ‘committee’— omit, insert— Each meeting of a committee of the board (4) Section 46(3), ‘subsection (2)’— omit, insert— subsection (1) (5) Section 46(2) to (4)— renumber as section 46(1) to (3). 51 Amendment of s 53AB (Legal status) Section 53AB(2)— omit. 52 Insertion of new s 53ABA After section 53AB— insert— 53ABA Authority represents the State (1) The authority represents the State. 1 2 3 Clause 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Clause 18 19 20 Clause 21 22 23 24 25
[s 53] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 4 Brisbane Olympic and Paralympic Games amendments Part 2 Amendments commencing on assent Page 56 Authorised by the Parliamentary Counsel (2) Without limiting subsection (1), the authority has the privileges and immunities of the State. 53 Amendment of s 53AD (Functions) Section 53AD(1)— omit, insert— (1) The main functions of the authority are— (a) to seek 1 or more allocations of funding from the Queensland Government for each authority venue; and (b) to deliver each authority venue in time for the Brisbane 2032 Olympic and Paralympic Games in accordance with the allocated funding for the authority venue; and (c) to monitor the delivery of other venues; and (d) to ensure compliance with the relevant games agreements to the extent they relate to the delivery of an authority venue. 54 Omission of s 53ADA (100-day review) Section 53ADA— omit. 55 Replacement of s 53AE (Requirements for performance of functions) Section 53AE— omit, insert— 53AE Requirements for performance of functions In performing its functions, the authority must— 1 2 Clause 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Clause 18 19 20 Clause 21 22 23 24 25 26
[s 56] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 4 Brisbane Olympic and Paralympic Games amendments Part 2 Amendments commencing on assent Page 57 Authorised by the Parliamentary Counsel (a) have regard to— (i) the financial resources of the authority, the corporation, the State and the Commonwealth that are available for the Brisbane 2032 Olympic and Paralympic Games; and (ii) the financial resources of local governments involved in hosting the games; and (iii) the legacy outcomes in relation to the authority venues, including any legacy strategy documents published by the Queensland Government from time to time; and (b) ensure compliance with requirements about the delivery of authority venues under the relevant games agreements; and (c) co-operate with the corporation and the chief executive of the department in good faith; and (d) have regard to decisions and advice of the leadership group mentioned in section 55A. 56 Replacement of ch 3, pt 3 (Games governance and planning documents) Chapter 3, part 3— omit, insert— Part 3 Provision of information and assistance to chief executive 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Clause 23 24 25 26 27 28 29 30
[s 56] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 4 Brisbane Olympic and Paralympic Games amendments Part 2 Amendments commencing on assent Page 58 Authorised by the Parliamentary Counsel 53AI Authority to give chief executive information and assistance relating to delivery of venues (1) The chief executive of the department may ask the authority to give the chief executive stated information that— (a) is held or controlled by the authority and is reasonably required by the chief executive; and (b) relates to the delivery of an authority venue or other venue. (2) Also, the chief executive may ask the authority to make arrangements for any of the following within a stated reasonable period— (a) inspection by the chief executive of an authority venue to assess the progress made in delivering the authority venue; (b) attendance by the chief executive at a meeting with the authority to discuss progress made in delivering 1 or more authority venues or other venues; (c) attendance by the chief executive at each meeting held by the authority at which progress made in delivering authority venues or other venues is discussed. (3) The authority must comply with a request under subsection (1) or (2). (4) This section applies despite section 57 or any other obligation of the authority under an Act or law about confidentiality of the stated information. (5) The chief executive may delegate a function or power of the chief executive under this section to an appropriately qualified public service 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
[s 57] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 4 Brisbane Olympic and Paralympic Games amendments Part 2 Amendments commencing on assent Page 59 Authorised by the Parliamentary Counsel employee employed in the department. (6) In this section— information includes a document. 57 Omission of ch 3, pt 4 (Provisions facilitating development for venues and villages) Chapter 3, part 4— omit. 58 Amendment of s 53BF (Composition) (1) Section 53BF(3) and (4)— omit, insert— (3) The Minister may nominate a person only if the person is appropriately qualified. (2) Section 53BF— insert— (8) Nothing in another Act or law prevents a person who is a member of the Legislative Assembly, including, for example, a Minister, holding the office of a director. (3) Section 53BF(5) to (8)— renumber as section 53BF(4) to (7). 59 Replacement of s 53BJ (Conditions of appointment) Section 53BJ— omit, insert— 53BJ Conditions of appointment (1) A director who is an elected office holder or 1 2 3 Clause 4 5 6 7 Clause 8 9 10 11 12 13 14 15 16 17 18 19 20 Clause 21 22 23 24 25
[s 60] Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 Chapter 4 Brisbane Olympic and Paralympic Games amendments Part 2 Amendments commencing on assent Page 60 Authorised by the Parliamentary Counsel public servant is not entitled to be paid any remuneration or allowances. (2) A director holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. (3) In this section— public servant means— (a) a public service employee; or (b) an APS employee under the Public Service Act 1999 (Cwlth). 60 Amendment of s 53BL (Vacancy in office) Section 53BL(f)— omit. 61 Insertion of new ch 3, pt 5, div 4, sdiv 3 Chapter 3, part 5, division 4— insert— Subdivision 3 Other provisions 53CAA No duty to disclose particular information acquired in particular capacities (1) This section applies to a director who— (a) is— (i) an elected office holder; or (ii) a member of the Australian Olympic Committee; or (iii) a member of the International Olympic Committee; or 1 2 3 4 5 6 7 8 9 10 Clause 11 12 13 Clause 14 15 16 17 18 19 20 21 22 23 24 25 26