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(iv) a member of the governing board of the
International Paralympic Committee;
and
(b) has acquired or has access to information
that—
(i) is of a confidential nature; and
(ii) has been given to the director in
confidence in the director’s capacity as
a person mentioned in paragraph (a)(i),
(ii), (iii) or (iv); and
(iii) is relevant to a matter being
considered, or about to be considered,
by the board.
Examples of information in relation to which this section
might apply—
• if the director is a Minister—documents related to
Cabinet considerations or operations, or State or
Commonwealth budgetary processes
• if the director is a councillor of a local
government—documents related to the local
government’s budgetary processes
• if the director is a member of the International
Olympic Committee—documents of a confidential
nature related to that committee
(2) The director does not owe a duty to the authority
to disclose the information.
53CAB Councillors’ conflicts of interest
(1) This section applies in relation to a councillor
who holds office as a director.
(2) The conflict of interest provisions do not apply in
relation to the councillor’s conflict of interest in a
matter relating to the authority that arises solely
because of the councillor holding office as a
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director.
(3) In this section—
conflict of interest provisions means—
(a) for a councillor of the Brisbane City
Council—the City of Brisbane Act 2010,
chapter 6, part 2, division 5A; or
(b) for another councillor—the Local
Government Act 2009, chapter 5B.
62 Amendment of s 53CD (Appointment)
(1) Section 53CD(1)—
omit, insert—
(1) The Minister may, after consulting with the board,
appoint a chief executive officer.
(1A) For subsection (1)—
(a) the board must give the Minister a list of
recommended nominees identified by the
board after conducting a recruitment
process; and
(b) the person appointed by the Minister must
be a nominee recommended by the board.
(2) Section 53CD—
insert—
(5) For the Public Sector Act 2022, section 12, the
chief executive officer is not a public sector
employee.
(3) Section 53CD(1A) to (5)—
renumber as section 53CD(2) to (6).
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63 Amendment of s 53CE (Term)
(1) Section 53CE(2)—
omit.
(2) Section 53CE(3)—
renumber as section 53CE(2).
64 Amendment of s 53CF (Conditions of appointment)
Section 53CF(1) and (2), from ‘decided’ to ‘Minister’—
omit, insert—
decided by the Minister
65 Amendment of s 53CL (Particular entities to give
information, documents or assistance to authority)
(1) Section 53CL(1)—
insert—
(f) a distributor-retailer;
(g) any other government entity within the
meaning of section 53EB.
(2) Section 53CL—
insert—
(4) Without limiting subsection (2), the entity must
co-operate with the authority in relation to
delivery of an other venue the entity is responsible
for delivering.
(5) The Government Owned Corporations Act 1993,
section 117 does not limit the application of this
section in relation to a government owned
corporation.
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66 Insertion of new ch 3A
After chapter 3—
insert—
Chapter 3A Provisions
facilitating
development etc. for
the games
Part 1 Preliminary
53DA Purpose of chapter
The purpose of this chapter is—
(a) to facilitate—
(i) the timely delivery of development for
or relating to authority venues, other
venues and villages; and
(ii) the construction of games-related
transport infrastructure; and
(b) to protect the public interest in ensuring the
State is—
(i) ready to host the Brisbane 2032
Olympic and Paralympic Games; and
(ii) able to perform its obligations under
relevant games agreements about
authority venues, other venues and
villages; and
(c) to facilitate legacy uses of authority venues,
other venues and villages after the games.
Clause 1
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53DB Definitions for chapter
In this chapter—
development see the Planning Act 2016.
games-related transport infrastructure means
transport infrastructure that—
(a) has been identified, by the chief executive of
the department in which the Transport
Infrastructure Act 1994 is administered, as
being required for the purpose mentioned in
section 53DA(b); and
(b) is mentioned in schedule 4.
infrastructure includes land, roads, railways,
facilities, services and works.
necessary games infrastructure means
infrastructure that is prescribed by regulation for
this chapter.
transport infrastructure means—
(a) active transport infrastructure within the
meaning of the Transport Planning and
Coordination Act 1994, section 8A(3); or
(b) air transport infrastructure within the
meaning of the Transport Infrastructure Act
1994; or
(c) busway transport infrastructure within the
meaning of the Transport Infrastructure Act
1994; or
(d) light rail transport infrastructure within the
meaning of the Transport Infrastructure Act
1994; or
(e) miscellaneous transport infrastructure
within the meaning of the Transport
Infrastructure Act 1994, section 416; or
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(f) other rail infrastructure within the meaning
of the Transport Infrastructure Act 1994; or
(g) public marine transport infrastructure within
the meaning of the Transport Infrastructure
Act 1994; or
(h) public passenger transport infrastructure
within the meaning of the Transport
Planning and Coordination Act 1994; or
(i) rail transport infrastructure within the
meaning of the Transport Infrastructure Act
1994; or
(j) a road on State toll road corridor land within
the meaning of the Transport Infrastructure
Act 1994; or
(k) a State-controlled road within the meaning
of the Transport Infrastructure Act 1994.
use, of an authority venue, other venue or village,
has the meaning given under the Planning Act
2016.
Part 2 Lawfulness of
development and use
etc.
53DC Application of part
This part applies to the following—
(a) development, carried out after the
commencement, for the construction of—
(i) an authority venue, other venue or
village, to the extent the development
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is for, or in relation to, a games-related
use of the venue or village; or
(ii) games-related transport infrastructure;
(b) a games-related use or legacy use of an
authority venue, other venue or village;
(c) an activity carried out by a person for the
purpose of development mentioned in
paragraph (a).
53DD Development, use or activity declared to be
lawful
(1) The development, use or activity is taken to be
lawful despite the following Acts (each a relevant
Act)—
(a) the City of Brisbane Act 2010;
(b) the Coastal Protection and Management Act
1995;
(c) the Economic Development Act 2012;
(d) the Environmental Offsets Act 2014;
(e) the Environmental Protection Act 1994;
(f) the Fisheries Act 1994;
(g) the Integrated Resort Development Act
1987;
(h) the Local Government Act 2009;
(i) the Nature Conservation Act 1992;
(j) the Planning Act 2016;
(k) the Queensland Heritage Act 1992;
(l) the Regional Planning Interests Act 2014;
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(m) the South-East Queensland Water
(Distribution and Retail Restructuring) Act
2009;
(n) the Vegetation Management Act 1999;
(o) the Water Supply (Safety and Reliability) Act
2008.
(2) Without limiting subsection (1), it is declared
that—
(a) a requirement under a relevant Act that
would otherwise have to be complied with
for the development, use or activity to be
lawful is taken to have been complied with;
and
Examples—
• a requirement under a relevant Act to obtain a
licence, permit, agreement or other approval
in relation to the development, use or activity
• a requirement under a relevant Act to notify
or consult other persons in relation to the
development, use or activity
• a requirement under a relevant Act to comply
with the principles of procedural fairness in
relation to the development, use or activity
(b) a provision of a relevant Act, or action taken
under a relevant Act, that would otherwise
prohibit, restrict or limit the carrying out of
the development, use or activity does not
apply in relation to the development, use or
activity; and
(c) a person carrying out the development, use
or activity does not commit an offence
against a relevant Act.
(3) Also, a civil proceeding may not be started against
a person in relation to the development, use or
activity if there is a reasonable prospect that the
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proceeding will prevent—
(a) the timely delivery of an authority venue,
other venue or village for the Brisbane 2032
Olympic and Paralympic Games; or
(b) the timely completion of games-related
transport infrastructure.
(4) This section applies subject to sections 53DE and
53DF.
53DE Building work—authority venues and other
venues
(1) This section applies to building work within the
meaning of the Planning Act 2016 for or relating
to an authority venue or other venue, to the extent
the building work is building work under the
Building Act 1975.
(2) The building work must comply with the relevant
provisions for the building work.
(3) In this section—
relevant provisions, for building work under the
Building Act 1975, see section 21(5) of that Act.
53DF Building work—villages
(1) This section applies to building work within the
meaning of the Planning Act 2016 for or relating
to a village, to the extent the building work is
building work under the Building Act 1975.
(2) If, but for this chapter, the building work would be
categorised as assessable development under the
Planning Regulation 2017, schedule 9, a
development permit must be obtained for the
building work.
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(3) In this section—
development permit see the Planning Act 2016.
Part 3 Cultural heritage
provisions
Division 1 Preliminary
53DG Definitions for part
In this part—
Aboriginal cultural heritage see the Aboriginal
Cultural Heritage Act 2003.
Aboriginal party, for a project area, has the
meaning given under the Aboriginal Cultural
Heritage Act 2003.
chief executive (cultural heritage) means the
chief executive of the department in which the
cultural heritage Acts are administered.
cultural heritage Act means—
(a) the Aboriginal Cultural Heritage Act 2003;
or
(b) the Torres Strait Islander Cultural Heritage
Act 2003.
cultural heritage notice see section 53DI(1).
default plan means the plan set out in schedule 5.
games project means development, or a use or
activity, mentioned in section 53DC(a), (b) or (c).
harm—
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(a) to Aboriginal cultural heritage, see the
Aboriginal Cultural Heritage Act 2003; or
(b) to Torres Strait Islander cultural heritage,
see the Torres Strait Islander Cultural
Heritage Act 2003.
negotiating party, for a part 3 plan for a project
area, means the following persons—
(a) the proponent;
(b) each Aboriginal party or Torres Strait
Islander party for the area, or part of the
area, who has given the proponent a
participation notice in response to a
negotiation proposal.
negotiation period, for a part 3 plan, see section
53DM.
negotiation proposal, in relation to a part 3 plan,
see section 53DJ(3), including as applied by
section 53DL(2).
part 3 plan, for a project area for a games
project—
(a) means a document developed under this part
that sets out the process to be followed in
the project area to minimise the risk of harm
to Aboriginal cultural heritage or Torres
Strait Islander cultural heritage being caused
by the games project; and
(b) includes a default plan that takes effect for
the project area under section 53DS.
participation notice see section 53DJ(3)(f).
project area, for a games project, means the area
within which the development, use or activity that
is the subject of the project is to be carried out.
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proponent, for a games project, means the person
carrying out, or proposing to carry out, the
development, use or activity that is the subject of
the project.
Torres Strait Islander cultural heritage see the
Torres Strait Islander Cultural Heritage Act
2003.
Torres Strait Islander party, for a project area,
has the meaning given by the Torres Strait
Islander Cultural Heritage Act 2003.
53DH Operation of part
This part modifies the operation of the cultural
heritage Acts in relation to a games project by—
(a) providing for an alternative process for
development of a cultural heritage
management plan (known as a part 3 plan)
by the proponent for the games project; and
(b) providing for the part 3 plan to be an
approved cultural heritage management plan
for the purposes of the cultural heritage
Acts; and
(c) ensuring a person carrying out development,
or a use or activity, mentioned in section
53DC in accordance with the part 3 plan
does not commit an offence against a
cultural heritage Act.
Division 2 Initiating development of
part 3 plan
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53DI Proponent may give cultural heritage notice
(1) The proponent for a games project may give the
chief executive of the department written notice (a
cultural heritage notice) of the proponent’s
intention to develop a part 3 plan for the project
area for the project.
(2) The notice must—
(a) identify the authority venue, other venue or
village, or the games-related transport
infrastructure, that is the subject of the
games project; and
(b) be accompanied by a map or other
description of the project area for the games
project.
(3) On the giving of the cultural heritage notice by the
proponent—
(a) no other cultural heritage notice may be
given, by the same or another proponent, in
relation to the same games project; and
(b) a part 3 plan for the project area must be—
(i) a plan negotiated under this part by the
proponent and any Aboriginal party or
Torres Strait Islander party for the
project area or part of the area; or
(ii) if division 5 applies, the default plan
for the project area.
53DJ Requirement for proponent to give
negotiation proposal
(1) This section applies if—
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