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53EA Use of necessary games infrastructure
(1) This section applies in relation to—
(a) development mentioned in section 53DC(a);
or
(b) a use mentioned in section 53DC(b).
(2) A relevant entity is entitled to access or connect
to, or otherwise use, any necessary games
infrastructure for the purposes of the development
or use.
(3) If a thing done under subsection (2) would, but for
this section, require an authorisation under
another Act—
(a) the authorisation is taken to have been given
or made under that Act; and
(b) the thing is taken to be done in accordance
with the authorisation.
(4) In this section—
authorisation, under another Act, includes an
approval, licence, permit, agreement or other
authorisation under that Act, however described.
relevant entity means—
(a) the authority; or
(b) another entity carrying out the development
or use mentioned in subsection (1); or
(c) an entity for whom the development or use
mentioned in subsection (1) is being carried
out.
53EB Requirements for particular entities that own
or control necessary games infrastructure
(1) This section applies if necessary games
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infrastructure is owned or controlled by any of the
following entities (each an infrastructure
entity)—
(a) a distributor-retailer;
(b) a government entity;
(c) a local government.
(2) The Minister may give the infrastructure entity a
written notice asking the entity to give the
Minister stated information about the necessary
games infrastructure, including information about
the provision or maintenance of the infrastructure.
(3) The infrastructure entity must comply with the
request within a reasonable period.
(4) Also, the Minister may give a written direction to
the infrastructure entity to provide or maintain the
necessary games infrastructure.
(5) However, a direction may be given under
subsection (4) only if the Minister considers—
(a) both of the following apply—
(i) a relevant entity is entitled to access,
connect to or otherwise use the
necessary games infrastructure under
section 53EA;
(ii) the infrastructure entity has not given
the relevant entity access or connection
to, or the opportunity to use, the
infrastructure; or
(b) the necessary games infrastructure is
otherwise required for the delivery of an
authority venue, other venue or village or
the construction of games-related transport
infrastructure.
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Section retrieval-0008 - Planning (Social Impact and Community Benefit) and Other Legislation Amendment Bill 2025 - Document excerpt 8 | Zoe
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(6) The direction may include—
(a) conditions on which the provision or
maintenance of the necessary games
infrastructure must be carried out; and
(b) particular actions the infrastructure entity
must take to give effect to the provision or
maintenance of the infrastructure.
(7) The infrastructure entity must—
(a) comply with the direction; and
(b) bear any costs of complying with the
direction.
(8) Subsection (7) applies despite any other Act or
law.
(9) If the infrastructure entity is a government owned
corporation—
(a) without limiting subsection (8), it is
declared that the Government Owned
Corporations Act 1993, section 117 does not
limit the giving of a direction to the entity
under this section; and
(b) the entity’s obligation under subsection (7)
to comply with the direction applies even if
the direction is contrary to the entity’s
statement of corporate intent under that Act.
(10) This section does not limit section 53EA.
(11) In this section—
government entity means a government entity
within the meaning of the Public Sector Act 2022,
section 276.
relevant entity see section 53EA.
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Part 5 Village infrastructure
charges
53EC Purpose of part
The purpose of this part is to enable a contribution
to be recovered, from the owners of land on which
villages are located, towards infrastructure costs
in relation to each of the following—
(a) development for villages to which part 2
applies;
(b) uses of villages to which part 2 applies;
(c) access or connection to, or other use of,
necessary games infrastructure for the
purposes of development mentioned in
paragraph (a) or uses mentioned in
paragraph (b).
53ED Regulation prescribing matters about village
infrastructure charges
A regulation may prescribe any of the following
matters—
(a) development for, or a use of, a village to
which part 2 applies in relation to which a
village infrastructure charge may be
imposed under this part;
(b) necessary games infrastructure for which a
village infrastructure charge may be
imposed under this part;
(c) the amount of a village infrastructure
charge, or the way the amount of the charge
must be worked out;
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(d) the entities to which a village infrastructure
charge may be payable.
53EE Imposition of village infrastructure charge
(1) This section applies if—
(a) development prescribed for section 53ED(a)
is being or has been carried out for a village;
or
(b) there is or has been a use of a village
prescribed for section 53ED(a); or
(c) necessary games infrastructure prescribed
for section 53ED(b) is being or has been
accessed, connected to or otherwise used in
relation to a village.
(2) The Minister may impose a charge (a village
infrastructure charge) on the owner of land on
which all or part of the village is located.
(3) The village infrastructure charge must be worked
out and imposed in accordance with a regulation
made under section 53ED.
(4) The Minister must give the owner of the land a
notice stating each of the following matters in
relation to the village infrastructure charge—
(a) the amount of the charge;
(b) how the charge has been worked out;
(c) the land on which the village is located to
which the charge relates;
(d) when the charge is payable;
(e) the entity to which the charge is payable;
(f) any other information prescribed by
regulation.
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(5) The village infrastructure charge—
(a) is payable by the owner of the land; and
(b) attaches to the land on which the village is
located.
Part 6 Miscellaneous
provisions
53EF Exemption from infrastructure charges under
other Acts
(1) This section applies in relation to an infrastructure
charge that would, but for this section, be payable
by an entity in relation to—
(a) development mentioned in section 53DC(a);
or
(b) a use mentioned in section 53DC(b); or
(c) connection or access to, or other use of,
necessary games infrastructure under
section 53EA.
(2) The entity is not liable to pay the infrastructure
charge.
(3) In this section—
infrastructure charge—
(a) means—
(i) a charge, however described, in
relation to infrastructure under the
Economic Development Act 2012; or
(ii) a charge, however described, in
relation to infrastructure under the
Planning Act 2016; or
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(iii) a charge, however described, in
relation to infrastructure under the
South-East Queensland Water
(Distribution and Retail Restructuring)
Act 2009; or
(iv) any other financial contribution or
charge, however described, in relation
to infrastructure provided for under
another Act; but
(b) does not include a charge for the ongoing
provision of water, gas, electricity or
another service using the infrastructure.
Example—
a charge payable, under the Water Supply (Safety
and Reliability) Act 2008, for the ongoing supply
of water
53EG Particular decisions are final
(1) Unless the Supreme Court decides a relevant
decision is affected by jurisdictional error, the
decision—
(a) is final and conclusive; and
(b) can not be challenged, appealed against,
reviewed, quashed, set aside or called into
question in any other way under the Judicial
Review Act 1991 or otherwise (whether by
the Supreme Court, another court, a tribunal
or another entity); and
(c) is not subject to any declaratory, injunctive
or other order of the Supreme Court, another
court, a tribunal or another entity on any
ground.
(2) The Judicial Review Act 1991, part 5 applies to a
relevant decision only to the extent it is affected
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by jurisdictional error.
(3) In this section—
relevant decision means a decision or purported
decision of an administrative character that—
(a) is related to—
(i) the delivery of an authority venue,
other venue or village; or
(ii) the construction of games-related
transport infrastructure; or
(iii) the making of a part 3 plan under part
3; and
(b) is either—
(i) made, proposed to be made, or required
to be made, under this chapter, whether
or not in the exercise of a discretion; or
(ii) made or proposed to be made, under a
non-statutory scheme or program
involving payment of money for the
purposes of delivery of an authority
venue, other venue or village, by—
(A) the Minister; or
(B) the chief executive of the
department; or
(C) the authority; or
(D) the board or a director of the
authority; or
(E) the chief executive officer or a
member of the authority’s staff.
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67 Amendment, relocation and renumbering of s 54A
(Funding agreements)
(1) Section 54A(1), ‘Each games entity’—
omit, insert—
The corporation
(2) Section 54A(2) to (4), ‘games entity’—
omit, insert—
corporation
(3) Section 54A—
relocate and renumber as section 10A.
68 Insertion of new s 55A
After section 55—
insert—
55A Games leadership group
(1) There is to be a group called the Games
Leadership Group.
(2) Subject to subsection (3), the membership of the
group is to be decided by the Minister.
(3) The group must include—
(a) at least 1 representative of the Queensland
Government; and
(b) at least 1 representative of the
Commonwealth Government; and
(c) at least 1 representative of the Brisbane City
Council; and
(d) at least 1 representative of the corporation;
and
(e) at least 1 representative of the authority.
Clause 1
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(4) The main functions of the group are—
(a) to provide strategic direction in relation to
the delivery of the Brisbane 2032 Olympic
and Paralympic Games, including
compliance with obligations under the host
contract; and
(b) to facilitate collaborative decision-making
by the games entities and help resolve
critical issues; and
(c) to provide oversight and advice to the games
entities in relation to matters affecting both
games entities.
(5) The Minister must ensure a games entity is
notified of any decision or advice of the group that
relates to the performance of a function by the
games entity.
69 Amendment of s 63 (Interim chief executive officer)
(1) Section 63(3)(a), ‘by the board of the authority’—
omit, insert—
by the Minister
(2) Section 63(4A), ‘or 53CK’—
omit, insert—
, 53CK or 53EG
70 Insertion of new ch 5, pt 3
Chapter 5—
insert—
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Part 3 Transitional provisions
for Planning (Social
Impact and Community
Benefit) and Other
Legislation
Amendment Act 2025
Division 1 Preliminary
66 Definitions for part
In this part—
former, in relation to a provision of this Act,
means the provision as in force from time to time
before the commencement of the transitional
provision in which the term is used.
new, in relation to a provision of this Act, means
the provision as in force on the commencement of
the transitional provision in which the term is
used.
transitional provision means a provision of this
part.
Division 2 Provisions for
amendments relating to
the authority
67 Application of new s 53BL
New section 53BL applies in relation to a director
holding office after the commencement, whether
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the director was appointed before or after the
commencement.
68 Existing appointment of chief executive officer
of authority
(1) This section applies if, immediately before the
commencement, a person held office under
former section 53CD as the chief executive
officer of the authority.
(2) The person is taken to be appointed by the
Minister under new section 53CD on the same
terms and conditions that were decided by the
board under former section 53CF.
71 Amendment and renumbering of sch 1 (Dictionary)
(1) Schedule 1, definitions acquisition land, development,
transport and mobility strategy, venue and village—
omit.
(2) Schedule 1—
insert—
Aboriginal cultural heritage, for chapter 3A, part
3, see section 53DG.
Aboriginal party, for a project area, for chapter
3A, part 3, see section 53DG.
authority venue see section 5A(1).
chief executive (cultural heritage), for chapter
3A, part 3, see section 53DG.
cultural heritage Act, for chapter 3A, part 3, see
section 53DG.
cultural heritage notice, for chapter 3A, part 3,
see section 53DI(1).
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default plan, for chapter 3A, part 3, see section
53DG.
delivery, of an authority venue, other venue or
village, see section 5D.
development, for chapter 3A, see section 53DB.
distributor-retailer means a distributor-retailer
established under the South-East Queensland
Water (Distribution and Retail Restructuring) Act
2009.
games project, for chapter 3A, part 3, see section
53DG.
games-related transport infrastructure, for
chapter 3A, see section 53DB.
games-related use—
(a) for an authority venue, see section 5A(2); or
(b) for an other venue, see section 5B(2); or
(c) for a village, see section 5C(2).
harm, to Aboriginal cultural heritage or Torres
Strait Islander cultural heritage, for chapter 3A,
part 3, see section 53DG.
infrastructure, for chapter 3A, see section 53DB.
legacy use—
(a) for an authority venue, see section 5A(3); or
(b) for an other venue, see section 5B(3); or
(c) for a village, see section 5C(3).
necessary games infrastructure, for chapter 3A,
see section 53DB.
negotiating party, for a part 3 plan for a project
area, for chapter 3A, part 3, see section 53DG.
negotiation period, for a part 3 plan, for chapter
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