The Act creates a Queensland Reconstruction Authority and Board to centralise and coordinate disaster rebuilding and resilience. It lets the Minister and Authority declare reconstruction projects/areas, make binding development schemes, step in on planning decisions, and acquire or vest land, while recovering certain costs and imposing information and penalty powers. It chiefly affects affected property owners, local governments, applicants for approvals and decision‑makers, trading speed and central control for faster, state‑led reconstruction.
Mechanically, the Queensland Reconstruction Authority Act 2011 establishes a statutory body, the Queensland Reconstruction Authority (the authority), and a board to oversee it, sets out their functions, powers and staffing arrangements, and provides an administrative framework for expedited planning, land acquisition and reconstruction activities following disasters. The Act authorises the Minister to declare declared projects (s 42) and the Governor in Council, on the Minister’s recommendation, to declare reconstruction areas by regulation (s 43). It gives the authority powers to require progress on statutory decisions and processes (progression notices and notices to decide, ss 49-50), and, with Ministerial approval, to “step in” and make assessments and decisions itself for prescribed decisions or processes (ss 51-55). The Act also authorises the authority to make statutory development schemes for declared projects and reconstruction areas (Pt 6, ss 62-75), to acquire land and create easements (Div 2, Pt 7, ss 99-103), to close and vest roads and to vest unallocated State land in the authority (ss 106-107), and to require information from government entities, GOCs, local governments and other persons for reconstruction functions (ss 127-128).
The Act frames these powers in service of an express main purpose: to ensure Queensland and its communities effectively and efficiently recover from disasters and to improve community resilience against potential disasters, including betterment (s 2). The statutory mechanisms cited in the Act are therefore the tools Parliament authorised to pursue that purpose: centralised coordination of rebuilding and recovery (ss 7-11, 29), ministerial oversight and direction (s 12), fast-tracked or substituted planning decision-making for declared projects and reconstruction areas (Pt 5 and Pt 6), compulsory acquisition and vesting mechanisms for land and roads (ss 99-107), and compulsory information-gathering and cooperation powers (ss 126-130).
Current sections
Direct links to the current provisions in Queensland Reconstruction Authority Act 2011.
182
pt.1
Preliminary
Preliminary
pt.1-div.1
Introduction
Introduction
sec.1
Short title
sec.1 Short title
This Act may be cited as the Queensland Reconstruction Authority Act 2011 .
sec.2
Main purpose of Act
sec.2 Main purpose of Act
The main purpose of this Act is to provide for appropriate measures—
to ensure Queensland and its communities effectively and efficiently recover from the impacts of disasters; and
to improve the resilience of communities for potential disasters.
s 2 amd 2013 No. 1 s 3 ; 2019 No. 11 s 200
(a) to ensure Queensland and its communities effectively and efficiently recover from the impacts of disasters; and
(b) to improve the resilience of communities for potential disasters.
sec.3
How main purpose is primarily achieved
sec.3 How main purpose is primarily achieved
The main purpose is to be achieved primarily by—
establishing the Queensland Reconstruction Authority to coordinate and manage the rebuilding and recovery of affected communities, including the repair and rebuilding of community infrastructure and other property; and
establishing the Queensland Reconstruction Board to oversee the operations of the authority; and
providing for the declaration of, and the making of development schemes for, declared projects and reconstruction areas to facilitate the following—
the protection, rebuilding and recovery of affected communities;
mitigating against potential disasters for affected communities;
improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.
s 3 amd 2019 No. 11 s 201
(a) establishing the Queensland Reconstruction Authority to coordinate and manage the rebuilding and recovery of affected communities, including the repair and rebuilding of community infrastructure and other property; and
(b) establishing the Queensland Reconstruction Board to oversee the operations of the authority; and
(c) providing for the declaration of, and the making of development schemes for, declared projects and reconstruction areas to facilitate the following— (i) the protection, rebuilding and recovery of affected communities; (ii) mitigating against potential disasters for affected communities; (iii) improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.
(i) the protection, rebuilding and recovery of affected communities;
(ii) mitigating against potential disasters for affected communities;
(iii) improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.
(i) the protection, rebuilding and recovery of affected communities;
(ii) mitigating against potential disasters for affected communities;
(iii) improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.
sec.4
Act binds all persons
sec.4 Act binds all persons
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
Nothing in this Act makes the State liable to be prosecuted for an offence.
(sec.4-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
(sec.4-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.
pt.1-div.2
Interpretation
Interpretation
sec.5
Definitions
sec.5 Definitions
The dictionary in the schedule defines particular words used in this Act.
sec.6
Section sec.6
s 6 amd 2013 No. 1 s 4
om 2019 No. 11 s 202
pt.2
Queensland Reconstruction Authority
Queensland Reconstruction Authority
pt.2-div.1
Establishment
Establishment
sec.7
Establishment of authority
sec.7 Establishment of authority
The Queensland Reconstruction Authority is established.
sec.8
Authority represents the State
sec.8 Authority represents the State
The authority represents the State.
Without limiting subsection (1) , the authority has the status, privileges and immunities of the State.
(sec.8-ssec.1) The authority represents the State.
(sec.8-ssec.2) Without limiting subsection (1) , the authority has the status, privileges and immunities of the State.
sec.9
Application of other Acts
sec.9 Application of other Acts
The authority is—
a unit of public administration under the Crime and Corruption Act 2001 ; and
a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the authority’s powers.
s 9 amd 2014 No. 21 s 94 (2) sch 2
(sec.9-ssec.1) The authority is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
(sec.9-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the authority’s powers.
(a) a unit of public administration under the Crime and Corruption Act 2001 ; and
(b) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
pt.2-div.2
Functions and powers
Functions and powers
sec.10
Authority’s functions
sec.10 Authority’s functions
The main functions of the authority are as follows—
to coordinate the development and implementation of whole-of-government policies for—
carrying out risk assessments of potential disasters; and
managing flood risks; and
ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and
improving the resilience of communities for potential disasters through, for example, the betterment of the communities;
to decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities;
to work closely with affected communities to ensure each community’s needs are recognised in the rebuilding and recovery of the communities and improving their resilience;
to collect and collate information about community services, and community infrastructure and other property, damaged or otherwise affected by a disaster;
to administer, coordinate and distribute financial assistance for communities in relation to mitigating against, recovering from or improving resilience for disasters;
to put into effect the strategic priorities of the board;
to ensure the protection, rebuilding and recovery of affected communities is—
effectively and efficiently carried out; and
appropriate, having regard to the nature of the disaster;
to facilitate mitigating against potential disasters, including facilitating the development of a network of flood warning gauges that complies with best practice;
to plan for, coordinate and put in place measures to improve the resilience of communities for potential disasters through, for example, the betterment of the communities;
if asked by the Minister, to give the Minister advice about putting into effect recommendations made after an inquiry or inquest, particularly recommendations about mitigating against, recovering from or improving resilience for disasters.
The authority’s functions also include any other function given to the authority under this Act or another Act.
s 10 amd 2013 No. 1 s 5 ; 2019 No. 11 s 203 ; 2024 No. 22 s 87
(sec.10-ssec.1) The main functions of the authority are as follows— to coordinate the development and implementation of whole-of-government policies for— carrying out risk assessments of potential disasters; and managing flood risks; and ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and improving the resilience of communities for potential disasters through, for example, the betterment of the communities; to decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities; to work closely with affected communities to ensure each community’s needs are recognised in the rebuilding and recovery of the communities and improving their resilience; to collect and collate information about community services, and community infrastructure and other property, damaged or otherwise affected by a disaster; to administer, coordinate and distribute financial assistance for communities in relation to mitigating against, recovering from or improving resilience for disasters; to put into effect the strategic priorities of the board; to ensure the protection, rebuilding and recovery of affected communities is— effectively and efficiently carried out; and appropriate, having regard to the nature of the disaster; to facilitate mitigating against potential disasters, including facilitating the development of a network of flood warning gauges that complies with best practice; to plan for, coordinate and put in place measures to improve the resilience of communities for potential disasters through, for example, the betterment of the communities; if asked by the Minister, to give the Minister advice about putting into effect recommendations made after an inquiry or inquest, particularly recommendations about mitigating against, recovering from or improving resilience for disasters.
(sec.10-ssec.2) The authority’s functions also include any other function given to the authority under this Act or another Act.
(a) to coordinate the development and implementation of whole-of-government policies for— (i) carrying out risk assessments of potential disasters; and (ii) managing flood risks; and (iii) ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and (iv) improving the resilience of communities for potential disasters through, for example, the betterment of the communities;
(i) carrying out risk assessments of potential disasters; and
(ii) managing flood risks; and
(iii) ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and
(iv) improving the resilience of communities for potential disasters through, for example, the betterment of the communities;
(b) to decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities;
(c) to work closely with affected communities to ensure each community’s needs are recognised in the rebuilding and recovery of the communities and improving their resilience;
(d) to collect and collate information about community services, and community infrastructure and other property, damaged or otherwise affected by a disaster;
(e) to administer, coordinate and distribute financial assistance for communities in relation to mitigating against, recovering from or improving resilience for disasters;
(f) to put into effect the strategic priorities of the board;
(g) to ensure the protection, rebuilding and recovery of affected communities is— (i) effectively and efficiently carried out; and (ii) appropriate, having regard to the nature of the disaster;
(i) effectively and efficiently carried out; and
(ii) appropriate, having regard to the nature of the disaster;
(h) to facilitate mitigating against potential disasters, including facilitating the development of a network of flood warning gauges that complies with best practice;
(i) to plan for, coordinate and put in place measures to improve the resilience of communities for potential disasters through, for example, the betterment of the communities;
(j) if asked by the Minister, to give the Minister advice about putting into effect recommendations made after an inquiry or inquest, particularly recommendations about mitigating against, recovering from or improving resilience for disasters.
(i) carrying out risk assessments of potential disasters; and
(ii) managing flood risks; and
(iii) ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and
(iv) improving the resilience of communities for potential disasters through, for example, the betterment of the communities;
(i) effectively and efficiently carried out; and
(ii) appropriate, having regard to the nature of the disaster;
sec.11
Authority’s powers
sec.11 Authority’s powers
Subject to any Ministerial direction or notice under section 12 , the authority has all the powers of an individual, and may, for example—
enter into contracts; and
acquire, hold, deal with and dispose of property; and
appoint agents and attorneys; and
engage consultants; and
do anything else necessary or convenient to be done in the performance of its functions.
Without limiting subsection (1) , the authority has the powers given to it under this Act or another Act.
(sec.11-ssec.1) Subject to any Ministerial direction or notice under section 12 , the authority has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants; and do anything else necessary or convenient to be done in the performance of its functions.
(sec.11-ssec.2) Without limiting subsection (1) , the authority has the powers given to it under this Act or another Act.
(a) enter into contracts; and
(b) acquire, hold, deal with and dispose of property; and
(c) appoint agents and attorneys; and
(d) engage consultants; and
(e) do anything else necessary or convenient to be done in the performance of its functions.
sec.12
Ministerial direction or notice
sec.12 Ministerial direction or notice
The Minister may give the authority a written direction about the performance of its functions or the exercise of its powers, or notice of a public sector policy, if the Minister is satisfied it is necessary to give the direction or notice in the public interest.
The authority must ensure the direction or policy is complied with.
The authority—
must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and
may include in the report a comment about the effect on the authority’s activities of complying with the direction or notice.
(sec.12-ssec.1) The Minister may give the authority a written direction about the performance of its functions or the exercise of its powers, or notice of a public sector policy, if the Minister is satisfied it is necessary to give the direction or notice in the public interest.
(sec.12-ssec.2) The authority must ensure the direction or policy is complied with.
(sec.12-ssec.3) The authority— must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and may include in the report a comment about the effect on the authority’s activities of complying with the direction or notice.
(a) must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and
(b) may include in the report a comment about the effect on the authority’s activities of complying with the direction or notice.
pt.2-div.3
Membership of the authority
Membership of the authority
sec.13
Membership of authority
sec.13 Membership of authority
The authority consists of—
the chief executive officer; and
the other staff of the authority.
(a) the chief executive officer; and
(b) the other staff of the authority.
pt.2-div.4
Staff of the authority
Staff of the authority
sec.14
Chief executive officer
sec.14 Chief executive officer
The authority must have a chief executive officer.
The chief executive officer is appointed by the Governor in Council.
(sec.14-ssec.1) The authority must have a chief executive officer.
(sec.14-ssec.2) The chief executive officer is appointed by the Governor in Council.
sec.15
Restriction on appointment
sec.15 Restriction on appointment
A member of the board must not be appointed as chief executive officer.
sec.16
Chief executive officer employed under this Act
sec.16 Chief executive officer employed under this Act
The chief executive officer is employed under this Act and not under the Public Sector Act 2022 .
s 16 amd 2022 No. 34 s 365 sch 3
sec.17
Term of office
sec.17 Term of office
Subject to this subdivision, the chief executive officer holds office for the term stated in the officer’s instrument of appointment.
s 17 amd 2019 No. 11 s 231 s ch 1 pt 1
sec.18
Functions and powers of chief executive officer
sec.18 Functions and powers of chief executive officer
The main functions of the chief executive officer are as follows—
to ensure the authority performs its functions effectively and efficiently;
to undertake or commission investigations, prepare plans or take steps the Minister directs, or the chief executive officer considers necessary or desirable, to ensure proper planning, preparation, coordination and control of development for the protection, rebuilding and recovery of affected communities;
to make recommendations to the Minister about any matter that—
relates to the performance or exercise of the chief executive officer’s or authority’s functions or powers; and
may help the Minister in the proper administration of this Act.
The chief executive officer’s functions also include any other function given to the chief executive officer under this Act or another Act.
The chief executive officer may exercise the powers of the authority and any other powers given to the chief executive officer under this Act or another Act.
(sec.18-ssec.1) The main functions of the chief executive officer are as follows— to ensure the authority performs its functions effectively and efficiently; to undertake or commission investigations, prepare plans or take steps the Minister directs, or the chief executive officer considers necessary or desirable, to ensure proper planning, preparation, coordination and control of development for the protection, rebuilding and recovery of affected communities; to make recommendations to the Minister about any matter that— relates to the performance or exercise of the chief executive officer’s or authority’s functions or powers; and may help the Minister in the proper administration of this Act.
(sec.18-ssec.2) The chief executive officer’s functions also include any other function given to the chief executive officer under this Act or another Act.
(sec.18-ssec.3) The chief executive officer may exercise the powers of the authority and any other powers given to the chief executive officer under this Act or another Act.
(a) to ensure the authority performs its functions effectively and efficiently;
(b) to undertake or commission investigations, prepare plans or take steps the Minister directs, or the chief executive officer considers necessary or desirable, to ensure proper planning, preparation, coordination and control of development for the protection, rebuilding and recovery of affected communities;
(c) to make recommendations to the Minister about any matter that— (i) relates to the performance or exercise of the chief executive officer’s or authority’s functions or powers; and (ii) may help the Minister in the proper administration of this Act.
(i) relates to the performance or exercise of the chief executive officer’s or authority’s functions or powers; and
(ii) may help the Minister in the proper administration of this Act.
(i) relates to the performance or exercise of the chief executive officer’s or authority’s functions or powers; and
(ii) may help the Minister in the proper administration of this Act.
sec.19
Chief executive officer not to engage in other paid employment
sec.19 Chief executive officer not to engage in other paid employment
The chief executive officer must not, without the approval of the board—
engage in paid employment outside the duties of the office of chief executive officer; or
actively take part in the activities of a business, or in the management of a corporation carrying on business.
(a) engage in paid employment outside the duties of the office of chief executive officer; or
(b) actively take part in the activities of a business, or in the management of a corporation carrying on business.
sec.20
Conditions of appointment
sec.20 Conditions of appointment
The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.
The chief executive officer holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.
(sec.20-ssec.1) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.20-ssec.2) The chief executive officer holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.
sec.21
Vacancy in office of chief executive officer
sec.21 Vacancy in office of chief executive officer
The office of the chief executive officer becomes vacant if the chief executive officer—
completes a term of office; or
resigns office by signed notice given to the Minister; or
is removed from office by the Governor in Council under subsection (2) ; or
is convicted of an indictable offence or an offence against this Act; or
is a person who is an insolvent under administration.
The Governor in Council may at any time remove the chief executive officer from office for any reason or none.
s 21 amd 2023 No. 23 s 247 sch 1 s 2 (2)
(sec.21-ssec.1) The office of the chief executive officer becomes vacant if the chief executive officer— completes a term of office; or resigns office by signed notice given to the Minister; or is removed from office by the Governor in Council under subsection (2) ; or is convicted of an indictable offence or an offence against this Act; or is a person who is an insolvent under administration.
(sec.21-ssec.2) The Governor in Council may at any time remove the chief executive officer from office for any reason or none.
(a) completes a term of office; or
(b) resigns office by signed notice given to the Minister; or
(c) is removed from office by the Governor in Council under subsection (2) ; or
(d) is convicted of an indictable offence or an offence against this Act; or
(e) is a person who is an insolvent under administration.
sec.22
Preservation of rights of chief executive officer
sec.22 Preservation of rights of chief executive officer
This section applies if an officer of the public service is appointed as the chief executive officer.
The person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the chief executive officer were a continuation of service as a public service officer.
At the end of the person’s term of office or resignation as the chief executive officer—
the person has the right to be appointed to an office in the public service on the same terms and conditions that applied to the person before being appointed as the chief executive officer; and
the person’s service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
(sec.22-ssec.1) This section applies if an officer of the public service is appointed as the chief executive officer.
(sec.22-ssec.2) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the chief executive officer were a continuation of service as a public service officer.
(sec.22-ssec.3) At the end of the person’s term of office or resignation as the chief executive officer— the person has the right to be appointed to an office in the public service on the same terms and conditions that applied to the person before being appointed as the chief executive officer; and the person’s service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
(a) the person has the right to be appointed to an office in the public service on the same terms and conditions that applied to the person before being appointed as the chief executive officer; and
(b) the person’s service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
sec.23
Acting chief executive officer
sec.23 Acting chief executive officer
The Governor in Council may appoint a person, other than a member of the board, to act in the office of chief executive officer during—
any vacancy, or all vacancies, in the office; or
any period, or all periods, when the chief executive officer is absent from duty, or can not, for another reason, perform the functions of the office.
(a) any vacancy, or all vacancies, in the office; or
(b) any period, or all periods, when the chief executive officer is absent from duty, or can not, for another reason, perform the functions of the office.
sec.24
Appointment
sec.24 Appointment
The chief executive officer may appoint any person to help the chief executive officer in the performance or exercise of their functions or powers.
The person holds office on the terms and conditions, not provided by this Act, stated in—
the person’s instrument of appointment; or
a notice signed by the chief executive officer and given to the person.
In appointing a person under this section, the chief executive officer must consult with the Public Sector Commissioner under the Public Sector Act 2022 .
A person appointed under this section is employed under this Act and not under the Public Sector Act 2022 .
s 24 amd 2022 No. 34 s 365 sch 3 ; 2024 No. 22 s 92 sch 1
(sec.24-ssec.1) The chief executive officer may appoint any person to help the chief executive officer in the performance or exercise of their functions or powers.
(sec.24-ssec.2) The person holds office on the terms and conditions, not provided by this Act, stated in— the person’s instrument of appointment; or a notice signed by the chief executive officer and given to the person.
(sec.24-ssec.3) In appointing a person under this section, the chief executive officer must consult with the Public Sector Commissioner under the Public Sector Act 2022 .
(sec.24-ssec.4) A person appointed under this section is employed under this Act and not under the Public Sector Act 2022 .
(a) the person’s instrument of appointment; or
(b) a notice signed by the chief executive officer and given to the person.
sec.25
Preservation of rights of persons appointed under s 24
sec.25 Preservation of rights of persons appointed under s 24
This section applies if an officer of the public service is appointed under section 24 to help the chief executive officer.
The person keeps all rights accrued or accruing to the person as an officer of the public service as if service in the office to which the person is appointed (the appointed office ) were a continuation of service as a public service officer.
At the end of the person’s term of office or resignation from the appointed office—
the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed to the appointed office; and
the person’s service in the appointed office is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
(sec.25-ssec.1) This section applies if an officer of the public service is appointed under section 24 to help the chief executive officer.
(sec.25-ssec.2) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service in the office to which the person is appointed (the appointed office ) were a continuation of service as a public service officer.
(sec.25-ssec.3) At the end of the person’s term of office or resignation from the appointed office— the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed to the appointed office; and the person’s service in the appointed office is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
(a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed to the appointed office; and
(b) the person’s service in the appointed office is taken to be service of a like nature in the public service for deciding the person’s rights as an officer of the public service.
sec.26
Authority staff
sec.26 Authority staff
The authority may employ other staff it considers appropriate to perform its functions.
The other staff are to be employed under the Public Sector Act 2022 .
s 26 amd 2022 No. 34 s 365 sch 3
(sec.26-ssec.1) The authority may employ other staff it considers appropriate to perform its functions.
(sec.26-ssec.2) The other staff are to be employed under the Public Sector Act 2022 .
sec.27
Alternative staffing arrangements
sec.27 Alternative staffing arrangements
The chief executive officer may arrange with the chief executive of a department, a local government, a government entity or a government owned corporation, for the services of officers or employees of the department, local government, entity or corporation to be made available to the authority.
An officer or employee whose services are made available under subsection (1) —
continues to be an officer or employee of the department, local government, entity or corporation; and
continues to be employed or otherwise engaged by the department, local government, entity or corporation on the same terms and conditions applying to the officer or employee before their services were made available; and
is, for the period the services are made available and for the carrying out of the authority’s functions, taken to be a member of the staff of the authority.
s 27 amd 2024 No. 22 s 92 sch 1
(sec.27-ssec.1) The chief executive officer may arrange with the chief executive of a department, a local government, a government entity or a government owned corporation, for the services of officers or employees of the department, local government, entity or corporation to be made available to the authority.
(sec.27-ssec.2) An officer or employee whose services are made available under subsection (1) — continues to be an officer or employee of the department, local government, entity or corporation; and continues to be employed or otherwise engaged by the department, local government, entity or corporation on the same terms and conditions applying to the officer or employee before their services were made available; and is, for the period the services are made available and for the carrying out of the authority’s functions, taken to be a member of the staff of the authority.
(a) continues to be an officer or employee of the department, local government, entity or corporation; and
(b) continues to be employed or otherwise engaged by the department, local government, entity or corporation on the same terms and conditions applying to the officer or employee before their services were made available; and
(c) is, for the period the services are made available and for the carrying out of the authority’s functions, taken to be a member of the staff of the authority.
pt.3
Queensland Reconstruction Board
Queensland Reconstruction Board
pt.3-div.1
Establishment and functions
Establishment and functions
sec.28
The board
sec.28 The board
The authority has a board of management (the Queensland Reconstruction Board ).
sec.29
Functions of board
sec.29 Functions of board
The functions of the board are as follows—
to set the strategic priorities for the authority;
to make recommendations to the Minister about—
priorities for community infrastructure, other property and community services needed for the protection, rebuilding and recovery of affected communities; and
the need for the declaration of declared projects and reconstruction areas;
to ensure the authority performs its functions and exercises its powers in an appropriate, effective and efficient way.
(a) to set the strategic priorities for the authority;
(b) to make recommendations to the Minister about— (i) priorities for community infrastructure, other property and community services needed for the protection, rebuilding and recovery of affected communities; and (ii) the need for the declaration of declared projects and reconstruction areas;
(i) priorities for community infrastructure, other property and community services needed for the protection, rebuilding and recovery of affected communities; and
(ii) the need for the declaration of declared projects and reconstruction areas;
(c) to ensure the authority performs its functions and exercises its powers in an appropriate, effective and efficient way.
(i) priorities for community infrastructure, other property and community services needed for the protection, rebuilding and recovery of affected communities; and
(ii) the need for the declaration of declared projects and reconstruction areas;
pt.3-div.2
Members
Members
sec.30
Membership of board
sec.30 Membership of board
The board consists of the following persons (each a member )—
the chairperson;
2 members nominated by the Commonwealth;
1 member nominated by the Local Government Association of Queensland Ltd ACN 142 783 917;
at least 3 other members.
Each member must be appointed by the Governor in Council.
A member mentioned in subsection (1) (d) must have expertise and experience in engineering, finance, planning or another field the Minister considers appropriate for a member of the board.
s 30 amd 2019 No. 11 s 204
(sec.30-ssec.1) The board consists of the following persons (each a member )— the chairperson; 2 members nominated by the Commonwealth; 1 member nominated by the Local Government Association of Queensland Ltd ACN 142 783 917; at least 3 other members.
(sec.30-ssec.2) Each member must be appointed by the Governor in Council.
(sec.30-ssec.3) A member mentioned in subsection (1) (d) must have expertise and experience in engineering, finance, planning or another field the Minister considers appropriate for a member of the board.
(a) the chairperson;
(b) 2 members nominated by the Commonwealth;
(c) 1 member nominated by the Local Government Association of Queensland Ltd ACN 142 783 917;
(d) at least 3 other members.
sec.31
Term of office
sec.31 Term of office
Subject to this division, a member holds office for the term stated in the member’s instrument of appointment.
s 31 amd 2019 No. 11 s 231 s ch 1 pt 1
sec.32
Conditions of appointment
sec.32 Conditions of appointment
A member is to be paid the remuneration and allowances decided by the Governor in Council.
A member holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.
(sec.32-ssec.1) A member is to be paid the remuneration and allowances decided by the Governor in Council.
(sec.32-ssec.2) A member holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council.
sec.33
Vacancy in office of member
sec.33 Vacancy in office of member
The office of a member becomes vacant if the member—
completes a term of office; or
resigns office by signed notice given to the Minister; or
is removed from office by the Governor in Council under subsection (2) ; or
is convicted of an indictable offence or an offence against this Act; or
is a person who is an insolvent under administration; or
becomes employed by, or becomes a contractor of, the authority.
The Governor in Council may at any time remove a member from office for any reason or none.
s 33 amd 2023 No. 23 s 247 sch 1 s 2 (2)
(sec.33-ssec.1) The office of a member becomes vacant if the member— completes a term of office; or resigns office by signed notice given to the Minister; or is removed from office by the Governor in Council under subsection (2) ; or is convicted of an indictable offence or an offence against this Act; or is a person who is an insolvent under administration; or becomes employed by, or becomes a contractor of, the authority.
(sec.33-ssec.2) The Governor in Council may at any time remove a member from office for any reason or none.
(a) completes a term of office; or
(b) resigns office by signed notice given to the Minister; or
(c) is removed from office by the Governor in Council under subsection (2) ; or
(d) is convicted of an indictable offence or an offence against this Act; or
(e) is a person who is an insolvent under administration; or
(f) becomes employed by, or becomes a contractor of, the authority.
pt.3-div.3
Chairperson
Chairperson
sec.34
Role of chairperson
sec.34 Role of chairperson
The chairperson is responsible for leading and directing the activities of the board to ensure the board performs its functions appropriately.
pt.3-div.4
Proceedings of the board
Proceedings of the board
sec.35
Time and place of meetings
sec.35 Time and place of meetings
The board may hold its meetings when and where it decides.
However, the board must meet at least 8 times each year.
The chairperson—
may at any time call a meeting of the board; and
must call a meeting if asked by at least 2 other members.
s 35 amd 2019 No. 11 s 205
(sec.35-ssec.1) The board may hold its meetings when and where it decides.
(sec.35-ssec.2) However, the board must meet at least 8 times each year.
(sec.35-ssec.3) The chairperson— may at any time call a meeting of the board; and must call a meeting if asked by at least 2 other members.
(a) may at any time call a meeting of the board; and
(b) must call a meeting if asked by at least 2 other members.
sec.36
Quorum
sec.36 Quorum
A quorum for a meeting of the board is a majority of the board members for the time being.
s 36 sub 2024 No. 22 s 88
sec.37
Presiding at meetings
sec.37 Presiding at meetings
The chairperson presides at all meetings of the board at which the chairperson is present.
If the chairperson is absent, the member chosen by the members present presides.
(sec.37-ssec.1) The chairperson presides at all meetings of the board at which the chairperson is present.
(sec.37-ssec.2) If the chairperson is absent, the member chosen by the members present presides.
sec.38
Conduct of meetings
sec.38 Conduct of meetings
Subject to this division, the board may conduct its proceedings, including its meetings, as it considers appropriate.
The board may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.
A member who takes part in a meeting of the board under subsection (2) is taken to be present at the meeting.
A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting.
If the votes are equal, the member presiding has a casting vote.
A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if—
at least half the members give written agreement to the resolution; and
notice of the resolution is given under procedures approved by the board.
s 38 amd 2019 No. 11 s 231 s ch 1 pt 1
(sec.38-ssec.1) Subject to this division, the board may conduct its proceedings, including its meetings, as it considers appropriate.
(sec.38-ssec.2) The board may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting.
(sec.38-ssec.3) A member who takes part in a meeting of the board under subsection (2) is taken to be present at the meeting.
(sec.38-ssec.4) A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting.
(sec.38-ssec.5) If the votes are equal, the member presiding has a casting vote.
(sec.38-ssec.6) A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if— at least half the members give written agreement to the resolution; and notice of the resolution is given under procedures approved by the board.
(a) at least half the members give written agreement to the resolution; and
(b) notice of the resolution is given under procedures approved by the board.
sec.39
Minutes and other records
sec.39 Minutes and other records
The board must keep—
minutes of its meetings; and
a record of any decisions and resolutions of the board.
(a) minutes of its meetings; and
(b) a record of any decisions and resolutions of the board.
pt.3-div.5
Disclosure of conflict of interests and reporting requirements
Disclosure of conflict of interests and reporting requirements
sec.40
Disclosure of conflict of interest
sec.40 Disclosure of conflict of interest
If—
a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the board; and
the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter;
the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.
Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose.
After a member has disclosed the nature of an interest in any matter, the member must not be present during any deliberation of the board about the matter, or take part in any decision of the board about the matter, unless the board otherwise decides.
For the making of a decision by the board under subsection (3) , a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not—
be present during any deliberation of the board for the purpose of making the decision; or
take part in the making of the decision by the board.
A contravention of this section does not invalidate any decision of the board.
However, if the board becomes aware a member contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section.
(sec.40-ssec.1) If— a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the board; and the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter; the member must, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the interest at a meeting of the board.
(sec.40-ssec.2) Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose.
(sec.40-ssec.3) After a member has disclosed the nature of an interest in any matter, the member must not be present during any deliberation of the board about the matter, or take part in any decision of the board about the matter, unless the board otherwise decides.
(sec.40-ssec.4) For the making of a decision by the board under subsection (3) , a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not— be present during any deliberation of the board for the purpose of making the decision; or take part in the making of the decision by the board.
(sec.40-ssec.5) A contravention of this section does not invalidate any decision of the board.
(sec.40-ssec.6) However, if the board becomes aware a member contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section.
(a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the board; and
(b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter;
(a) be present during any deliberation of the board for the purpose of making the decision; or
(b) take part in the making of the decision by the board.
sec.41
Reporting by the board and chairperson
sec.41 Reporting by the board and chairperson
As soon as practicable after the end of each quarter, the board must give the Minister a report about the performance of the authority’s functions and the exercise of its powers during the quarter.
Also, if the Minister asks the board for a report about the performance of the authority’s functions and the exercise of its powers, the board must comply with the request.
The authority must keep a copy of each report given under subsection (1) or (2) on its website.
If the chairperson becomes aware of any matter the chairperson considers may adversely affect the authority’s ability to perform its functions or exercise its powers, the chairperson must immediately give the Minister a report about the matter.
s 41 amd 2019 No. 11 s 206
(sec.41-ssec.1) As soon as practicable after the end of each quarter, the board must give the Minister a report about the performance of the authority’s functions and the exercise of its powers during the quarter.
(sec.41-ssec.2) Also, if the Minister asks the board for a report about the performance of the authority’s functions and the exercise of its powers, the board must comply with the request.
(sec.41-ssec.3) The authority must keep a copy of each report given under subsection (1) or (2) on its website.
(sec.41-ssec.4) If the chairperson becomes aware of any matter the chairperson considers may adversely affect the authority’s ability to perform its functions or exercise its powers, the chairperson must immediately give the Minister a report about the matter.
pt.3-div
pt.4
Declarations about declared projects, reconstruction areas and critical infrastructure projects
Declarations about declared projects, reconstruction areas and critical infrastructure projects
pt.4-div.1
Declarations
Declarations
sec.42
Declaration of declared project
sec.42 Declaration of declared project
The Minister may declare a project for proposed development to be a declared project if the Minister is satisfied—
the project is to be undertaken in a part of the State that has been directly or indirectly affected by a disaster; and
the declaration is necessary to facilitate—
the protection, rebuilding and recovery of an affected community; or
mitigating against potential disasters for an affected community; or
improving the resilience of an affected community for potential disasters through, for example, the betterment of the community.
The declaration must be made by gazette notice.
The gazette notice must describe the land to which the declared project relates.
a lot on plan description
Before declaring a declared project, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government’s area.
The Minister may make the declaration on the Minister’s own initiative or at the request of a local government.
s 42 amd 2019 No. 11 s 207
(sec.42-ssec.1) The Minister may declare a project for proposed development to be a declared project if the Minister is satisfied— the project is to be undertaken in a part of the State that has been directly or indirectly affected by a disaster; and the declaration is necessary to facilitate— the protection, rebuilding and recovery of an affected community; or mitigating against potential disasters for an affected community; or improving the resilience of an affected community for potential disasters through, for example, the betterment of the community.
(sec.42-ssec.2) The declaration must be made by gazette notice.
(sec.42-ssec.3) The gazette notice must describe the land to which the declared project relates. a lot on plan description
(sec.42-ssec.4) Before declaring a declared project, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government’s area.
(sec.42-ssec.5) The Minister may make the declaration on the Minister’s own initiative or at the request of a local government.
(a) the project is to be undertaken in a part of the State that has been directly or indirectly affected by a disaster; and
(b) the declaration is necessary to facilitate— (i) the protection, rebuilding and recovery of an affected community; or (ii) mitigating against potential disasters for an affected community; or (iii) improving the resilience of an affected community for potential disasters through, for example, the betterment of the community.
(i) the protection, rebuilding and recovery of an affected community; or
(ii) mitigating against potential disasters for an affected community; or
(iii) improving the resilience of an affected community for potential disasters through, for example, the betterment of the community.
(i) the protection, rebuilding and recovery of an affected community; or
(ii) mitigating against potential disasters for an affected community; or
(iii) improving the resilience of an affected community for potential disasters through, for example, the betterment of the community.
sec.43
Declaration of reconstruction area
sec.43 Declaration of reconstruction area
A regulation (a declaration regulation ) may declare a part of the State to be a reconstruction area.
However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied—
the part of the State has been directly or indirectly affected by a disaster; and
the declaration is necessary to facilitate a matter mentioned in section 42 (1) (b) .
Before recommending to the Governor in Council the making of a declaration regulation, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government’s area.
A declaration regulation for a reconstruction area may declare that land in a part of the area is land ( acquisition land ) that is subject to section 100 .
Under section 100 , the owner may not dispose of acquisition land other than to the authority or a local government, and the authority or local government may be required to acquire acquisition land.
However, the Minister must not recommend to the Governor in Council the making of a declaration regulation for a reconstruction area that includes acquisition land unless the Minister is satisfied the declaration of the acquisition land is necessary for the carrying out of a reconstruction function of the authority.
If a declaration regulation declares land to be acquisition land, the declaration regulation must—
describe the acquisition land; and
a lot on plan description
if the authority may be required to acquire the land under section 100 —state that fact; and
if a local government may be required to acquire the land under section 100 —state that fact and the name of the local government.
The declaration regulation must not state a local government for subsection (6) (c) without the agreement of the local government.
The Minister may recommend to the Governor in Council the making of a declaration regulation on the Minister’s own initiative or at the request of a local government.
s 43 amd 2019 No. 11 s 208
(sec.43-ssec.1) A regulation (a declaration regulation ) may declare a part of the State to be a reconstruction area.
(sec.43-ssec.2) However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied— the part of the State has been directly or indirectly affected by a disaster; and the declaration is necessary to facilitate a matter mentioned in section 42 (1) (b) .
(sec.43-ssec.3) Before recommending to the Governor in Council the making of a declaration regulation, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government’s area.
(sec.43-ssec.4) A declaration regulation for a reconstruction area may declare that land in a part of the area is land ( acquisition land ) that is subject to section 100 . Under section 100 , the owner may not dispose of acquisition land other than to the authority or a local government, and the authority or local government may be required to acquire acquisition land.
(sec.43-ssec.5) However, the Minister must not recommend to the Governor in Council the making of a declaration regulation for a reconstruction area that includes acquisition land unless the Minister is satisfied the declaration of the acquisition land is necessary for the carrying out of a reconstruction function of the authority.
(sec.43-ssec.6) If a declaration regulation declares land to be acquisition land, the declaration regulation must— describe the acquisition land; and a lot on plan description if the authority may be required to acquire the land under section 100 —state that fact; and if a local government may be required to acquire the land under section 100 —state that fact and the name of the local government.
(sec.43-ssec.7) The declaration regulation must not state a local government for subsection (6) (c) without the agreement of the local government.
(sec.43-ssec.8) The Minister may recommend to the Governor in Council the making of a declaration regulation on the Minister’s own initiative or at the request of a local government.
(a) the part of the State has been directly or indirectly affected by a disaster; and
(b) the declaration is necessary to facilitate a matter mentioned in section 42 (1) (b) .
(a) describe the acquisition land; and Example of a description of land— a lot on plan description
(b) if the authority may be required to acquire the land under section 100 —state that fact; and
(c) if a local government may be required to acquire the land under section 100 —state that fact and the name of the local government.
sec.44
Notice about declaration of acquisition land
sec.44 Notice about declaration of acquisition land
As soon as practicable after land is declared to be acquisition land, the authority must—
give each owner of the land a notice that—
states the land is subject to section 100 ; and
states the entity that, under the section, may be required to acquire the land; and
includes information about how the section affects the owner’s dealing with the land; and
give the registrar of titles notice of the declaration.
A notice given under subsection (1) must include particulars of the land subject to the declaration.
The registrar of titles must keep records that show the land is subject to the declaration.
The registrar of titles must keep the records in a way that a search of the freehold land register will show the land is subject to the declaration.
(sec.44-ssec.1) As soon as practicable after land is declared to be acquisition land, the authority must— give each owner of the land a notice that— states the land is subject to section 100 ; and states the entity that, under the section, may be required to acquire the land; and includes information about how the section affects the owner’s dealing with the land; and give the registrar of titles notice of the declaration.
(sec.44-ssec.2) A notice given under subsection (1) must include particulars of the land subject to the declaration.
(sec.44-ssec.3) The registrar of titles must keep records that show the land is subject to the declaration.
(sec.44-ssec.4) The registrar of titles must keep the records in a way that a search of the freehold land register will show the land is subject to the declaration.
(a) give each owner of the land a notice that— (i) states the land is subject to section 100 ; and (ii) states the entity that, under the section, may be required to acquire the land; and (iii) includes information about how the section affects the owner’s dealing with the land; and
(i) states the land is subject to section 100 ; and
(ii) states the entity that, under the section, may be required to acquire the land; and
(iii) includes information about how the section affects the owner’s dealing with the land; and
(b) give the registrar of titles notice of the declaration.
(i) states the land is subject to section 100 ; and
(ii) states the entity that, under the section, may be required to acquire the land; and
(iii) includes information about how the section affects the owner’s dealing with the land; and
sec.45
Declaration of critical infrastructure project
sec.45 Declaration of critical infrastructure project
This section applies if the Minister considers the undertaking of a declared project, or particular development in a reconstruction area, is critical or essential for the State for economic, environmental or social reasons.
The Minister may, by gazette notice, declare the project or development to be a critical infrastructure project.
For the application of the Judicial Review Act 1991 to a decision about declaring a critical infrastructure project, see section 61 .
(sec.45-ssec.1) This section applies if the Minister considers the undertaking of a declared project, or particular development in a reconstruction area, is critical or essential for the State for economic, environmental or social reasons.
(sec.45-ssec.2) The Minister may, by gazette notice, declare the project or development to be a critical infrastructure project. For the application of the Judicial Review Act 1991 to a decision about declaring a critical infrastructure project, see section 61 .
pt.4-div.2
Relationship with particular Acts about local government
Relationship with particular Acts about local government
sec.46
Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009
sec.46 Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009
The declaration of a declared project or an area as a reconstruction area does not affect—
the operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to land the subject of the declared project or land in the reconstruction area; or
the area of the relevant local government; or
the jurisdiction, under the Acts , of the relevant local government.
However, the performance of the relevant local government’s functions or the exercise of its powers under the Acts in relation to land the subject of the declared project or land in the reconstruction area is subject to the authority’s functions or powers under this Act.
(sec.46-ssec.1) The declaration of a declared project or an area as a reconstruction area does not affect— the operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to land the subject of the declared project or land in the reconstruction area; or the area of the relevant local government; or the jurisdiction, under the Acts , of the relevant local government.
(sec.46-ssec.2) However, the performance of the relevant local government’s functions or the exercise of its powers under the Acts in relation to land the subject of the declared project or land in the reconstruction area is subject to the authority’s functions or powers under this Act.
(a) the operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to land the subject of the declared project or land in the reconstruction area; or
(b) the area of the relevant local government; or
(c) the jurisdiction, under the Acts , of the relevant local government.
pt.5
Particular powers for declared projects and development in reconstruction areas
Particular powers for declared projects and development in reconstruction areas
pt.5-div.1
Preliminary
Preliminary
sec.47
Definitions for pt 5
sec.47 Definitions for pt 5
In this part—
applicant , for a prescribed decision or prescribed process, means the person seeking the decision or undertaking of the process under the relevant law for the decision or process.
critical infrastructure project means a declared project or development in a reconstruction area the Minister declares, under section 45 , to be a critical infrastructure project.
decision-maker —
for a prescribed decision, means the entity that may make the decision under the relevant law for the decision; and
an assessment manager
for a prescribed process, means the entity responsible for undertaking the process under the relevant law for the process.
a referral agency
s 47 def decision-maker amd 2016 No. 27 s 398 (1)
declaration , for a declared project, means the declaration for the project made by the Minister under section 42 .
notice to decide see section 50 (1) .
prescribed decision —
A prescribed decision means a decision, in relation to a declared project or development in a reconstruction area, required to be made under a law of the State, including, for example, a decision about the construction, undertaking, carrying out, establishment, maintenance or operation of a declared project or development in a reconstruction area.
However, a prescribed decision does not include a decision required to be made by the Governor in Council or a Minister.
a decision of an assessment manager on an application for a development approval
prescribed process means a process, in relation to a declared project or development in a reconstruction area, required to be undertaken under a law of the State, including, for example, a process under the development assessment process under the Planning Act .
s 47 def prescribed process amd 2016 No. 27 s 398 (2) – (3)
progression notice see section 49 (1) .
relevant law , for a prescribed decision or prescribed process, means the law, other than this Act, under which the decision may be made or the process undertaken.
step-in notice see section 51 (1) .
(a) for a prescribed decision, means the entity that may make the decision under the relevant law for the decision; and Example of a decision-maker for paragraph (a) — an assessment manager
(b) for a prescribed process, means the entity responsible for undertaking the process under the relevant law for the process. Example of a decision-maker for paragraph (b) — a referral agency
1 A prescribed decision means a decision, in relation to a declared project or development in a reconstruction area, required to be made under a law of the State, including, for example, a decision about the construction, undertaking, carrying out, establishment, maintenance or operation of a declared project or development in a reconstruction area.
2 However, a prescribed decision does not include a decision required to be made by the Governor in Council or a Minister.
sec.48
Application of laws
sec.48 Application of laws
This part applies despite any other law.
pt.5-div.2
Notices about declared projects and development in reconstruction areas
Notices about declared projects and development in reconstruction areas
sec.49
Progression notice
sec.49 Progression notice
The authority may, by notice (a progression notice ) given to the decision-maker for a prescribed process, require the decision-maker to undertake, within the period stated in the notice, administrative processes required to complete the process.
The progression notice must—
identify the process; and
state the decision-maker must—
undertake the process within the stated period; and
inform the authority of the completion of the process within 5 business days after it is completed.
On receiving the progression notice, the decision-maker must—
subject to subsection (5) , undertake the prescribed process within the period stated in the notice for that purpose; and
inform the authority of the completion of the process within 5 business days after it is completed.
The authority may, by notice given to the decision-maker and without the decision-maker’s agreement, extend the period for undertaking the prescribed process.
If the authority extends the period for undertaking the prescribed process under subsection (4) , the decision-maker must undertake the process within the extended period.
Before giving a progression notice for a prescribed process, the authority must have regard to the requirements, if any, under the relevant law for undertaking the process.
Subject to this section, the relevant law for the prescribed process continues to apply to the undertaking of the process.
s 49 amd 2016 No. 27 s 399
(sec.49-ssec.1) The authority may, by notice (a progression notice ) given to the decision-maker for a prescribed process, require the decision-maker to undertake, within the period stated in the notice, administrative processes required to complete the process.
(sec.49-ssec.2) The progression notice must— identify the process; and state the decision-maker must— undertake the process within the stated period; and inform the authority of the completion of the process within 5 business days after it is completed.
(sec.49-ssec.3) On receiving the progression notice, the decision-maker must— subject to subsection (5) , undertake the prescribed process within the period stated in the notice for that purpose; and inform the authority of the completion of the process within 5 business days after it is completed.
(sec.49-ssec.4) The authority may, by notice given to the decision-maker and without the decision-maker’s agreement, extend the period for undertaking the prescribed process.
(sec.49-ssec.5) If the authority extends the period for undertaking the prescribed process under subsection (4) , the decision-maker must undertake the process within the extended period.
(sec.49-ssec.6) Before giving a progression notice for a prescribed process, the authority must have regard to the requirements, if any, under the relevant law for undertaking the process.
(sec.49-ssec.7) Subject to this section, the relevant law for the prescribed process continues to apply to the undertaking of the process.
(a) identify the process; and
(b) state the decision-maker must— (i) undertake the process within the stated period; and (ii) inform the authority of the completion of the process within 5 business days after it is completed.
(i) undertake the process within the stated period; and
(ii) inform the authority of the completion of the process within 5 business days after it is completed.
(i) undertake the process within the stated period; and
(ii) inform the authority of the completion of the process within 5 business days after it is completed.
(a) subject to subsection (5) , undertake the prescribed process within the period stated in the notice for that purpose; and
(b) inform the authority of the completion of the process within 5 business days after it is completed.
sec.50
Notice to decide
sec.50 Notice to decide
The authority may, by notice (a notice to decide ) given to the decision-maker for a prescribed decision, require the decision-maker to make the decision within the period stated in the notice.
The stated period must be at least—
20 business days after the notice is given; or
if, under the relevant law for the prescribed decision, the decision-maker would, other than for this section, be required to make the decision within a period that is less than the period mentioned in paragraph (a) —the lesser period.
The notice to decide must—
identify the decision; and
state the decision-maker must—
make the decision within the stated period; and
inform the authority of the decision within 5 business days after it is made.
On receiving the notice to decide, the decision-maker must—
subject to subsection (6) , make the prescribed decision within the period stated in the notice for that purpose; and
inform the authority of the decision within 5 business days after it is made.
The authority may, by notice given to the decision-maker and without the decision-maker’s agreement, extend the period for making the prescribed decision.
If the authority extends the period for making the prescribed decision under subsection (5) , the decision-maker must make the decision within the extended period.
If the prescribed decision relates to an application for a development approval, or a change application other than a minor change application, the notice to decide may be given to the decision-maker only after the decision-making period for the application starts.
Before giving a notice to decide for a prescribed decision, other than a decision mentioned in subsection (7) , the authority must have regard to the requirements, if any, under the relevant law for the decision about public notification of information or other matters in relation to the decision.
Subject to this section, the relevant law for the prescribed decision continues to apply to the making of the decision.
In this section—
decision-making period means—
for an application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or
for a change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application.
s 50 amd 2016 No. 27 s 400
(sec.50-ssec.1) The authority may, by notice (a notice to decide ) given to the decision-maker for a prescribed decision, require the decision-maker to make the decision within the period stated in the notice.
(sec.50-ssec.2) The stated period must be at least— 20 business days after the notice is given; or if, under the relevant law for the prescribed decision, the decision-maker would, other than for this section, be required to make the decision within a period that is less than the period mentioned in paragraph (a) —the lesser period.
(sec.50-ssec.3) The notice to decide must— identify the decision; and state the decision-maker must— make the decision within the stated period; and inform the authority of the decision within 5 business days after it is made.
(sec.50-ssec.4) On receiving the notice to decide, the decision-maker must— subject to subsection (6) , make the prescribed decision within the period stated in the notice for that purpose; and inform the authority of the decision within 5 business days after it is made.
(sec.50-ssec.5) The authority may, by notice given to the decision-maker and without the decision-maker’s agreement, extend the period for making the prescribed decision.
(sec.50-ssec.6) If the authority extends the period for making the prescribed decision under subsection (5) , the decision-maker must make the decision within the extended period.
(sec.50-ssec.7) If the prescribed decision relates to an application for a development approval, or a change application other than a minor change application, the notice to decide may be given to the decision-maker only after the decision-making period for the application starts.
(sec.50-ssec.8) Before giving a notice to decide for a prescribed decision, other than a decision mentioned in subsection (7) , the authority must have regard to the requirements, if any, under the relevant law for the decision about public notification of information or other matters in relation to the decision.
(sec.50-ssec.9) Subject to this section, the relevant law for the prescribed decision continues to apply to the making of the decision.
(sec.50-ssec.10) In this section— decision-making period means— for an application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or for a change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application.
(a) 20 business days after the notice is given; or
(b) if, under the relevant law for the prescribed decision, the decision-maker would, other than for this section, be required to make the decision within a period that is less than the period mentioned in paragraph (a) —the lesser period.
(a) identify the decision; and
(b) state the decision-maker must— (i) make the decision within the stated period; and (ii) inform the authority of the decision within 5 business days after it is made.
(i) make the decision within the stated period; and
(ii) inform the authority of the decision within 5 business days after it is made.
(i) make the decision within the stated period; and
(ii) inform the authority of the decision within 5 business days after it is made.
(a) subject to subsection (6) , make the prescribed decision within the period stated in the notice for that purpose; and
(b) inform the authority of the decision within 5 business days after it is made.
(a) for an application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or
(b) for a change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application.
sec.51
Step-in notice
sec.51 Step-in notice
The authority may, with the approval of the Minister, give the decision-maker and applicant for a prescribed decision or a prescribed process a notice (a step-in notice ) advising the decision-maker and applicant that the authority is to make an assessment and a decision about the prescribed decision or process under this subdivision.
Before deciding to approve the giving of a step-in notice, the Minister must be satisfied the giving of the notice is necessary to facilitate a matter mentioned in section 42 (1) (b) .
The step-in notice must—
identify the decision or process; and
state that the authority is the decision-maker for the prescribed decision or process from the time the notice is given until the authority makes a decision, under section 55 , about the prescribed decision or process.
s 51 amd 2019 No. 11 s 209
(sec.51-ssec.1) The authority may, with the approval of the Minister, give the decision-maker and applicant for a prescribed decision or a prescribed process a notice (a step-in notice ) advising the decision-maker and applicant that the authority is to make an assessment and a decision about the prescribed decision or process under this subdivision.
(sec.51-ssec.2) Before deciding to approve the giving of a step-in notice, the Minister must be satisfied the giving of the notice is necessary to facilitate a matter mentioned in section 42 (1) (b) .
(sec.51-ssec.3) The step-in notice must— identify the decision or process; and state that the authority is the decision-maker for the prescribed decision or process from the time the notice is given until the authority makes a decision, under section 55 , about the prescribed decision or process.
(a) identify the decision or process; and
(b) state that the authority is the decision-maker for the prescribed decision or process from the time the notice is given until the authority makes a decision, under section 55 , about the prescribed decision or process.
sec.52
When step-in notice may be given
sec.52 When step-in notice may be given
The authority may give a step-in notice for a prescribed decision or a prescribed process only after a progression notice or notice to decide has been given for the decision or process.
If a progression notice or notice to decide has been given for a prescribed decision or process, the step-in notice may be given—
at any time after the authority is satisfied the decision-maker has not complied with the progression notice or notice to decide, but before the decision-maker has undertaken the process or made the decision; or
if the decision-maker has complied with the progression notice or notice to decide—only if the applicant, by notice given to the authority within 10 business days after the applicant is notified of the decision, asks the authority to give a step-in notice for the decision.
Despite subsection (1) , a step-in notice also may be given for a prescribed decision at any time after the decision is made until 10 business days after—
if an appeal against the decision has been started under the relevant law for the decision—the start of the appeal; or
otherwise—the expiry of the period, under the relevant law for the decision, for starting an appeal against the decision.
For subsection (2) (b) , the step-in notice must be given to the decision-maker within a reasonable period after the authority receives the request.
In this section—
appeal includes review.
(sec.52-ssec.1) The authority may give a step-in notice for a prescribed decision or a prescribed process only after a progression notice or notice to decide has been given for the decision or process.
(sec.52-ssec.2) If a progression notice or notice to decide has been given for a prescribed decision or process, the step-in notice may be given— at any time after the authority is satisfied the decision-maker has not complied with the progression notice or notice to decide, but before the decision-maker has undertaken the process or made the decision; or if the decision-maker has complied with the progression notice or notice to decide—only if the applicant, by notice given to the authority within 10 business days after the applicant is notified of the decision, asks the authority to give a step-in notice for the decision.
(sec.52-ssec.3) Despite subsection (1) , a step-in notice also may be given for a prescribed decision at any time after the decision is made until 10 business days after— if an appeal against the decision has been started under the relevant law for the decision—the start of the appeal; or otherwise—the expiry of the period, under the relevant law for the decision, for starting an appeal against the decision.
(sec.52-ssec.4) For subsection (2) (b) , the step-in notice must be given to the decision-maker within a reasonable period after the authority receives the request.
(sec.52-ssec.5) In this section— appeal includes review.
(a) at any time after the authority is satisfied the decision-maker has not complied with the progression notice or notice to decide, but before the decision-maker has undertaken the process or made the decision; or
(b) if the decision-maker has complied with the progression notice or notice to decide—only if the applicant, by notice given to the authority within 10 business days after the applicant is notified of the decision, asks the authority to give a step-in notice for the decision.
(a) if an appeal against the decision has been started under the relevant law for the decision—the start of the appeal; or
(b) otherwise—the expiry of the period, under the relevant law for the decision, for starting an appeal against the decision.
sec.53
Providing assistance or recommendations
sec.53 Providing assistance or recommendations
The decision-maker for the prescribed decision or prescribed process must give the authority all reasonable assistance or materials it requires to act under this subdivision, including—
all material about the prescribed decision or process the decision-maker had before the step-in notice was given; and
any material received about the prescribed decision or process by the decision-maker after the step-in notice was given.
Without limiting subsection (1) , the authority may, by notice, require the decision-maker to give the authority within the reasonable period stated in the notice a written report containing—
an assessment of matters, stated in the notice, relevant to the prescribed decision or process; or
recommendations about the assessment mentioned in paragraph (a) , including, for example, recommendations about proposed conditions relevant to the prescribed decision or process.
Subsection (4) applies if, other than for the giving of the step-in notice, under the relevant law for the prescribed decision a local government could have imposed a condition, in relation to the decision, about infrastructure.
The local government may, before the authority makes a decision under section 55 about the prescribed decision, give the authority a written recommendation to impose the condition.
s 53 amd 2016 No. 27 s 401
(sec.53-ssec.1) The decision-maker for the prescribed decision or prescribed process must give the authority all reasonable assistance or materials it requires to act under this subdivision, including— all material about the prescribed decision or process the decision-maker had before the step-in notice was given; and any material received about the prescribed decision or process by the decision-maker after the step-in notice was given.
(sec.53-ssec.2) Without limiting subsection (1) , the authority may, by notice, require the decision-maker to give the authority within the reasonable period stated in the notice a written report containing— an assessment of matters, stated in the notice, relevant to the prescribed decision or process; or recommendations about the assessment mentioned in paragraph (a) , including, for example, recommendations about proposed conditions relevant to the prescribed decision or process.
(sec.53-ssec.3) Subsection (4) applies if, other than for the giving of the step-in notice, under the relevant law for the prescribed decision a local government could have imposed a condition, in relation to the decision, about infrastructure.
(sec.53-ssec.4) The local government may, before the authority makes a decision under section 55 about the prescribed decision, give the authority a written recommendation to impose the condition.
(a) all material about the prescribed decision or process the decision-maker had before the step-in notice was given; and
(b) any material received about the prescribed decision or process by the decision-maker after the step-in notice was given.
(a) an assessment of matters, stated in the notice, relevant to the prescribed decision or process; or
(b) recommendations about the assessment mentioned in paragraph (a) , including, for example, recommendations about proposed conditions relevant to the prescribed decision or process.
sec.54
Effects of step-in notice
sec.54 Effects of step-in notice
If the authority gives a step-in notice for a prescribed decision or prescribed process—
the authority is the decision-maker under the relevant law for the prescribed decision or process from the time the step-in notice is given until the authority makes a decision under section 55 about the prescribed decision or process; and
for making the decision, the authority has all the powers of the decision-maker under the relevant law for the prescribed decision or process; and
for making the decision, the authority must consider the following—
the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law;
the main purpose of this Act; and
if the prescribed decision or process relates to an application for a development approval or a change application, other than a minor change application—
the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and
the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and
if an appeal was made or was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal is of no further effect; and
despite paragraph (a) , the authority’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the authority under this Act.
In this section—
appeal includes review.
s 54 amd 2016 No. 27 s 402
(sec.54-ssec.1) If the authority gives a step-in notice for a prescribed decision or prescribed process— the authority is the decision-maker under the relevant law for the prescribed decision or process from the time the step-in notice is given until the authority makes a decision under section 55 about the prescribed decision or process; and for making the decision, the authority has all the powers of the decision-maker under the relevant law for the prescribed decision or process; and for making the decision, the authority must consider the following— the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law; the main purpose of this Act; and if the prescribed decision or process relates to an application for a development approval or a change application, other than a minor change application— the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and if an appeal was made or was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal is of no further effect; and despite paragraph (a) , the authority’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the authority under this Act.
(sec.54-ssec.2) In this section— appeal includes review.
(a) the authority is the decision-maker under the relevant law for the prescribed decision or process from the time the step-in notice is given until the authority makes a decision under section 55 about the prescribed decision or process; and
(b) for making the decision, the authority has all the powers of the decision-maker under the relevant law for the prescribed decision or process; and
(c) for making the decision, the authority must consider the following— (i) the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law; (ii) the main purpose of this Act; and
(i) the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law;
(ii) the main purpose of this Act; and
(d) if the prescribed decision or process relates to an application for a development approval or a change application, other than a minor change application— (i) the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and (ii) the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and
(i) the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and
(ii) the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and
(e) if an appeal was made or was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal is of no further effect; and
(f) despite paragraph (a) , the authority’s decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the authority under this Act.
(i) the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law;
(ii) the main purpose of this Act; and
(i) the assessment manager or responsible entity for the application is taken, for the Planning Act , to be a referral agency for the application; and
(ii) the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i) ) is, for the Planning Act , limited to the power to only give advice; and
sec.55
Authority’s decision
sec.55 Authority’s decision
After making an assessment about the prescribed decision or prescribed process, the authority may—
if the decision has not been made or the process has not been undertaken by the decision-maker—
make the decision or undertake the process; or
send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or
decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or
otherwise—
confirm or amend the decision; or
cancel the decision and substitute a new decision.
In acting under subsection (1) , the authority may, for the prescribed decision, impose conditions it considers necessary or desirable having regard to—
the nature of the declared project, or development in the reconstruction area, to which the decision relates; and
the matters mentioned in section 54 (1) (c) the authority considered for the decision.
If the authority receives a recommendation under section 53 (4) to impose a condition in relation to the prescribed decision, the authority must impose the condition unless the Minister directs otherwise.
For a condition imposed under this section, the authority may nominate an entity that is to have jurisdiction, under the relevant law for the prescribed decision, for the condition.
An entity may be nominated for 1 or more of the conditions.
If the authority nominates an entity under subsection (4) , the authority must give each of the following notice of the nomination—
the entity;
the decision-maker and the applicant for the prescribed decision.
Subject to this subdivision, the relevant law for the prescribed decision or process applies to the making of the authority’s decision under this section.
s 55 amd 2016 No. 27 s 403
(sec.55-ssec.1) After making an assessment about the prescribed decision or prescribed process, the authority may— if the decision has not been made or the process has not been undertaken by the decision-maker— make the decision or undertake the process; or send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or otherwise— confirm or amend the decision; or cancel the decision and substitute a new decision.
(sec.55-ssec.2) In acting under subsection (1) , the authority may, for the prescribed decision, impose conditions it considers necessary or desirable having regard to— the nature of the declared project, or development in the reconstruction area, to which the decision relates; and the matters mentioned in section 54 (1) (c) the authority considered for the decision.
(sec.55-ssec.3) If the authority receives a recommendation under section 53 (4) to impose a condition in relation to the prescribed decision, the authority must impose the condition unless the Minister directs otherwise.
(sec.55-ssec.4) For a condition imposed under this section, the authority may nominate an entity that is to have jurisdiction, under the relevant law for the prescribed decision, for the condition.
(sec.55-ssec.5) An entity may be nominated for 1 or more of the conditions.
(sec.55-ssec.6) If the authority nominates an entity under subsection (4) , the authority must give each of the following notice of the nomination— the entity; the decision-maker and the applicant for the prescribed decision.
(sec.55-ssec.7) Subject to this subdivision, the relevant law for the prescribed decision or process applies to the making of the authority’s decision under this section.
(a) if the decision has not been made or the process has not been undertaken by the decision-maker— (i) make the decision or undertake the process; or (ii) send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or (iii) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or
(i) make the decision or undertake the process; or
(ii) send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or
(iii) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or
(b) otherwise— (i) confirm or amend the decision; or (ii) cancel the decision and substitute a new decision.
(i) confirm or amend the decision; or
(ii) cancel the decision and substitute a new decision.
(i) make the decision or undertake the process; or
(ii) send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or
(iii) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or
(i) confirm or amend the decision; or
(ii) cancel the decision and substitute a new decision.
(a) the nature of the declared project, or development in the reconstruction area, to which the decision relates; and
(b) the matters mentioned in section 54 (1) (c) the authority considered for the decision.
(a) the entity;
(b) the decision-maker and the applicant for the prescribed decision.
sec.56
Effects of decision
sec.56 Effects of decision
The authority’s decision under section 55 about the prescribed decision or prescribed process, including a decision to impose a condition—
is taken to be a decision of the decision-maker (the original decision-maker ) under the relevant law for the prescribed decision or process but a person may not appeal against the authority’s decision under this Act or the relevant law; and
takes effect when the applicant for the prescribed decision or process and the original decision-maker are given notice under section 57 (1) of the authority’s decision.
A condition imposed by the original decision-maker in relation to the prescribed decision is of no effect to the extent it is inconsistent with a condition imposed by the authority.
If the original decision-maker makes another prescribed decision for the declared project, or development in the reconstruction area, to which the step-in notice relates, the other prescribed decision must not be inconsistent with the authority’s decision.
s 56 amd 2016 No. 27 s 404
(sec.56-ssec.1) The authority’s decision under section 55 about the prescribed decision or prescribed process, including a decision to impose a condition— is taken to be a decision of the decision-maker (the original decision-maker ) under the relevant law for the prescribed decision or process but a person may not appeal against the authority’s decision under this Act or the relevant law; and takes effect when the applicant for the prescribed decision or process and the original decision-maker are given notice under section 57 (1) of the authority’s decision.
(sec.56-ssec.2) A condition imposed by the original decision-maker in relation to the prescribed decision is of no effect to the extent it is inconsistent with a condition imposed by the authority.
(sec.56-ssec.3) If the original decision-maker makes another prescribed decision for the declared project, or development in the reconstruction area, to which the step-in notice relates, the other prescribed decision must not be inconsistent with the authority’s decision.
(a) is taken to be a decision of the decision-maker (the original decision-maker ) under the relevant law for the prescribed decision or process but a person may not appeal against the authority’s decision under this Act or the relevant law; and
(b) takes effect when the applicant for the prescribed decision or process and the original decision-maker are given notice under section 57 (1) of the authority’s decision.
sec.57
Notice of decision
sec.57 Notice of decision
The authority must give notice of its decision under section 55 about the prescribed decision or prescribed process to—
the applicant and decision-maker for the prescribed decision or process; and
each entity nominated by the authority to have jurisdiction for a condition in relation to the prescribed decision or process.
The authority must also give notice of its decision under section 55 about the prescribed decision to the local government for the land to which the prescribed decision relates if—
the prescribed decision is a decision on an application for a development approval or a change application; and
the local government is not the decision-maker for the prescribed decision.
A notice under this section must include—
the reasons for the authority’s decision; and
the conditions, if any, imposed under section 55 (2) in relation to the decision.
s 57 amd 2016 No. 27 s 405
(sec.57-ssec.1) The authority must give notice of its decision under section 55 about the prescribed decision or prescribed process to— the applicant and decision-maker for the prescribed decision or process; and each entity nominated by the authority to have jurisdiction for a condition in relation to the prescribed decision or process.
(sec.57-ssec.2) The authority must also give notice of its decision under section 55 about the prescribed decision to the local government for the land to which the prescribed decision relates if— the prescribed decision is a decision on an application for a development approval or a change application; and the local government is not the decision-maker for the prescribed decision.
(sec.57-ssec.3) A notice under this section must include— the reasons for the authority’s decision; and the conditions, if any, imposed under section 55 (2) in relation to the decision.
(a) the applicant and decision-maker for the prescribed decision or process; and
(b) each entity nominated by the authority to have jurisdiction for a condition in relation to the prescribed decision or process.
(a) the prescribed decision is a decision on an application for a development approval or a change application; and
(b) the local government is not the decision-maker for the prescribed decision.
(a) the reasons for the authority’s decision; and
(b) the conditions, if any, imposed under section 55 (2) in relation to the decision.
sec.58
Report about decision
sec.58 Report about decision
The authority must prepare a report about each step-in notice given for a prescribed decision or prescribed process.
The authority must include the following in the report—
a copy of the step-in notice;
details of each entity nominated, under section 55 (4) , to have jurisdiction for a condition in relation to the prescribed decision or process;
a copy of the notice, given under section 57 (1) , of the authority’s decision;
other details about the authority’s decision required by the Minister.
The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after notice is given under section 57 (1) of the authority’s decision.
s 58 amd 2016 No. 27 s 406
(sec.58-ssec.1) The authority must prepare a report about each step-in notice given for a prescribed decision or prescribed process.
(sec.58-ssec.2) The authority must include the following in the report— a copy of the step-in notice; details of each entity nominated, under section 55 (4) , to have jurisdiction for a condition in relation to the prescribed decision or process; a copy of the notice, given under section 57 (1) , of the authority’s decision; other details about the authority’s decision required by the Minister.
(sec.58-ssec.3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after notice is given under section 57 (1) of the authority’s decision.
(a) a copy of the step-in notice;
(b) details of each entity nominated, under section 55 (4) , to have jurisdiction for a condition in relation to the prescribed decision or process;
(c) a copy of the notice, given under section 57 (1) , of the authority’s decision;
(d) other details about the authority’s decision required by the Minister.
pt.5-div.3
Other matters
Other matters
sec.59
Recovering cost of advice or services
sec.59 Recovering cost of advice or services
This section applies if, in making an assessment under this part about a prescribed decision or prescribed process, the authority obtains from another entity advice or services the authority considers necessary to make the assessment.
The authority may recover from the applicant for the prescribed decision or process as a debt the reasonable cost of obtaining the advice or services.
(sec.59-ssec.1) This section applies if, in making an assessment under this part about a prescribed decision or prescribed process, the authority obtains from another entity advice or services the authority considers necessary to make the assessment.
(sec.59-ssec.2) The authority may recover from the applicant for the prescribed decision or process as a debt the reasonable cost of obtaining the advice or services.
sec.60
No requirement to consult on particular actions
sec.60 No requirement to consult on particular actions
The authority is not required to consult with anyone before giving a progression notice or notice to decide under this part.
sec.61
Application of Judicial Review Act 1991
sec.61 Application of Judicial Review Act 1991
The Judicial Review Act 1991 , parts 3 and 5 , other than section 41 (1) , do not apply to—
a decision of the Minister to declare—
a declared project or development in a reconstruction area to be a critical infrastructure project; or
a declared project if the project is a critical infrastructure project; or
a decision of the authority to give a progression notice, notice to decide or a step-in notice for a critical infrastructure project; or
the authority’s decision under section 55 about a prescribed decision or prescribed process for a critical infrastructure project; or
a decision or conduct leading up to or forming part of the process of making a decision mentioned in paragraph (a) , (b) or (c) .
The Judicial Review Act 1991 , part 3 deals with statutory orders of review, and part 5 deals with prerogative orders and injunctions.
(a) a decision of the Minister to declare— (i) a declared project or development in a reconstruction area to be a critical infrastructure project; or (ii) a declared project if the project is a critical infrastructure project; or
(i) a declared project or development in a reconstruction area to be a critical infrastructure project; or
(ii) a declared project if the project is a critical infrastructure project; or
(b) a decision of the authority to give a progression notice, notice to decide or a step-in notice for a critical infrastructure project; or
(c) the authority’s decision under section 55 about a prescribed decision or prescribed process for a critical infrastructure project; or
(d) a decision or conduct leading up to or forming part of the process of making a decision mentioned in paragraph (a) , (b) or (c) .
(i) a declared project or development in a reconstruction area to be a critical infrastructure project; or
(ii) a declared project if the project is a critical infrastructure project; or
pt.6
Development schemes
Development schemes
pt.6-div.1
Making development schemes
Making development schemes
sec.62
Authority may make development scheme
sec.62 Authority may make development scheme
Subject to the other provisions of this division, the authority may make a development scheme for a declared project, a reconstruction area or part of a reconstruction area.
The development scheme is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.
(sec.62-ssec.1) Subject to the other provisions of this division, the authority may make a development scheme for a declared project, a reconstruction area or part of a reconstruction area.
(sec.62-ssec.2) The development scheme is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.
sec.63
Content of development scheme
sec.63 Content of development scheme
The development scheme may provide for any matter that the authority considers will promote the proper and orderly planning, development and management of the declared project or reconstruction area.
The development scheme must include—
a land use plan regulating development for the project or in the area; and
a plan for infrastructure for the project or in the area; and
an implementation strategy to achieve each reconstruction function of the authority for the project or in the area, to the extent it is not achieved by the land use plan or the plan for infrastructure.
Without limiting subsection (2) (a) , the land use plan may—
provide for any matter about which a planning instrument may provide; or
categorise development for the project or in the area to be accepted development, assessable development or prohibited development for the Planning Act ; or
state whether development categorised as assessable development by the plan requires code assessment or impact assessment under the Planning Act ; or
state assessment benchmarks for the Planning Act that assessable development under the plan must be assessed against; or
state whether particular development for the project or in the area is consistent or inconsistent with the plan.
In making the development scheme, the authority must consider, but is not bound by, a requirement under any of the following relevant to the project or area—
a planning instrument;
assessment benchmarks prescribed by a regulation made under the Planning Act ;
assessment benchmarks made under another Act for the Planning Act .
s 63 amd 2016 No. 27 s 407 ; 2019 No. 11 s 210
(sec.63-ssec.1) The development scheme may provide for any matter that the authority considers will promote the proper and orderly planning, development and management of the declared project or reconstruction area.
(sec.63-ssec.2) The development scheme must include— a land use plan regulating development for the project or in the area; and a plan for infrastructure for the project or in the area; and an implementation strategy to achieve each reconstruction function of the authority for the project or in the area, to the extent it is not achieved by the land use plan or the plan for infrastructure.
(sec.63-ssec.3) Without limiting subsection (2) (a) , the land use plan may— provide for any matter about which a planning instrument may provide; or categorise development for the project or in the area to be accepted development, assessable development or prohibited development for the Planning Act ; or state whether development categorised as assessable development by the plan requires code assessment or impact assessment under the Planning Act ; or state assessment benchmarks for the Planning Act that assessable development under the plan must be assessed against; or state whether particular development for the project or in the area is consistent or inconsistent with the plan.
(sec.63-ssec.4) In making the development scheme, the authority must consider, but is not bound by, a requirement under any of the following relevant to the project or area— a planning instrument; assessment benchmarks prescribed by a regulation made under the Planning Act ; assessment benchmarks made under another Act for the Planning Act .
(a) a land use plan regulating development for the project or in the area; and
(b) a plan for infrastructure for the project or in the area; and
(c) an implementation strategy to achieve each reconstruction function of the authority for the project or in the area, to the extent it is not achieved by the land use plan or the plan for infrastructure.
(a) provide for any matter about which a planning instrument may provide; or
(b) categorise development for the project or in the area to be accepted development, assessable development or prohibited development for the Planning Act ; or
(c) state whether development categorised as assessable development by the plan requires code assessment or impact assessment under the Planning Act ; or
(d) state assessment benchmarks for the Planning Act that assessable development under the plan must be assessed against; or
(e) state whether particular development for the project or in the area is consistent or inconsistent with the plan.
(a) a planning instrument;
(b) assessment benchmarks prescribed by a regulation made under the Planning Act ;
(c) assessment benchmarks made under another Act for the Planning Act .
sec.64
Development scheme may make provision for particular assessable development
sec.64 Development scheme may make provision for particular assessable development
A development scheme may provide that development categorised as assessable development under a regulation made under the Planning Act is not assessable development for a declared project or a part of a reconstruction area.
If a development scheme provides that development is not assessable development for the declared project or a part of a reconstruction area, the development is not assessable development under the Planning Act for the declared project or part.
A development scheme may provide that an entity that, but for the development scheme, would be a referral agency for a development application or change application for the declared project or reconstruction area, is not a referral agency for the development application or change application.
If a development scheme provides that an entity is not a referral agency for a development application or change application, the entity is not a referral agency for the application under the Planning Act .
s 64 amd 2016 No. 27 s 408
(sec.64-ssec.1) A development scheme may provide that development categorised as assessable development under a regulation made under the Planning Act is not assessable development for a declared project or a part of a reconstruction area.
(sec.64-ssec.2) If a development scheme provides that development is not assessable development for the declared project or a part of a reconstruction area, the development is not assessable development under the Planning Act for the declared project or part.
(sec.64-ssec.3) A development scheme may provide that an entity that, but for the development scheme, would be a referral agency for a development application or change application for the declared project or reconstruction area, is not a referral agency for the development application or change application.
(sec.64-ssec.4) If a development scheme provides that an entity is not a referral agency for a development application or change application, the entity is not a referral agency for the application under the Planning Act .
sec.65
Preparation of proposed development scheme
sec.65 Preparation of proposed development scheme
Before preparing a proposed development scheme, the authority must—
consult, in the way it considers appropriate, with the relevant local government; and
make reasonable endeavours to consult, in the way it considers appropriate, with any of the following the authority considers will be likely to be affected by a development scheme for the declared project or reconstruction area—
a government entity or GOC;
a person or other entity.
(a) consult, in the way it considers appropriate, with the relevant local government; and
(b) make reasonable endeavours to consult, in the way it considers appropriate, with any of the following the authority considers will be likely to be affected by a development scheme for the declared project or reconstruction area— (i) a government entity or GOC; (ii) a person or other entity.
(i) a government entity or GOC;
(ii) a person or other entity.
(i) a government entity or GOC;
(ii) a person or other entity.
sec.66
Public notification
sec.66 Public notification
After preparing the proposed development scheme, the authority must—
publish the proposed scheme on its website; and
in a gazette notice—
state that the proposed scheme may be inspected on the authority’s website; and
invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period ); and
publish a notice to the same effect as the gazette notice at least once in a newspaper circulating in the area of the relevant local government.
The submission period must be at least 30 business days.
(sec.66-ssec.1) After preparing the proposed development scheme, the authority must— publish the proposed scheme on its website; and in a gazette notice— state that the proposed scheme may be inspected on the authority’s website; and invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period ); and publish a notice to the same effect as the gazette notice at least once in a newspaper circulating in the area of the relevant local government.
(sec.66-ssec.2) The submission period must be at least 30 business days.
(a) publish the proposed scheme on its website; and
(b) in a gazette notice— (i) state that the proposed scheme may be inspected on the authority’s website; and (ii) invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period ); and
(i) state that the proposed scheme may be inspected on the authority’s website; and
(ii) invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period ); and
(c) publish a notice to the same effect as the gazette notice at least once in a newspaper circulating in the area of the relevant local government.
(i) state that the proposed scheme may be inspected on the authority’s website; and
(ii) invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period ); and
sec.67
Submissions on proposed scheme
sec.67 Submissions on proposed scheme
Anyone may make submissions about the proposed development scheme within the submission period.
sec.68
Consideration of submissions
sec.68 Consideration of submissions
The authority must consider any submissions received within the submission period.
Subsection (1) does not prevent the authority from considering a submission made to it after the submission period has ended.
(sec.68-ssec.1) The authority must consider any submissions received within the submission period.
(sec.68-ssec.2) Subsection (1) does not prevent the authority from considering a submission made to it after the submission period has ended.
sec.69
Amendment of proposed scheme
sec.69 Amendment of proposed scheme
After complying with section 68 , the authority may amend the proposed development scheme in any way it considers appropriate.
If the authority considers the amendment significantly changes the proposed scheme, it must re-comply with sections 66 and 68 for the amended scheme.
(sec.69-ssec.1) After complying with section 68 , the authority may amend the proposed development scheme in any way it considers appropriate.
(sec.69-ssec.2) If the authority considers the amendment significantly changes the proposed scheme, it must re-comply with sections 66 and 68 for the amended scheme.
sec.70
Initial making and submission of scheme
sec.70 Initial making and submission of scheme
The authority must, as soon as practicable after complying with sections 68 and 69 , make the development scheme (the submitted scheme ) and give it to the Minister.
The submitted scheme must be accompanied by a report that—
summarises the submissions considered by the authority; and
is about—
the merits of the submissions; and
to what extent the proposed development scheme was amended to reflect the submissions.
(sec.70-ssec.1) The authority must, as soon as practicable after complying with sections 68 and 69 , make the development scheme (the submitted scheme ) and give it to the Minister.
(sec.70-ssec.2) The submitted scheme must be accompanied by a report that— summarises the submissions considered by the authority; and is about— the merits of the submissions; and to what extent the proposed development scheme was amended to reflect the submissions.
(a) summarises the submissions considered by the authority; and
(b) is about— (i) the merits of the submissions; and (ii) to what extent the proposed development scheme was amended to reflect the submissions.
(i) the merits of the submissions; and
(ii) to what extent the proposed development scheme was amended to reflect the submissions.
(i) the merits of the submissions; and
(ii) to what extent the proposed development scheme was amended to reflect the submissions.
sec.71
Notice of submitted scheme
sec.71 Notice of submitted scheme
The authority must, as soon as practicable after giving the Minister the submitted scheme, give each person (a submitter ) who made a submission received within the submission period about the scheme a notice stating that—
the scheme has been made and submitted to the Minister; and
the authority’s report about the submitted scheme can be inspected on its website; and
if the submitter is an affected owner for the relevant declared project or reconstruction area—the submitter may, within 20 business days after receiving the notice, ask the Minister to amend the submitted scheme to protect the owner’s interests.
(a) the scheme has been made and submitted to the Minister; and
(b) the authority’s report about the submitted scheme can be inspected on its website; and
(c) if the submitter is an affected owner for the relevant declared project or reconstruction area—the submitter may, within 20 business days after receiving the notice, ask the Minister to amend the submitted scheme to protect the owner’s interests.
sec.72
Ministerial power to amend submitted scheme at affected owner’s request
sec.72 Ministerial power to amend submitted scheme at affected owner’s request
The Minister may amend the submitted scheme in a way the Minister considers appropriate to protect an affected owner’s interests.
However, the amendment may be made only if—
the affected owner has, within 20 business days after being given notice of the submitted scheme under section 71 , asked the Minister to amend it to protect the owner’s interests; and
the amendment is made within 40 business days after the submitted scheme was given to the Minister.
(sec.72-ssec.1) The Minister may amend the submitted scheme in a way the Minister considers appropriate to protect an affected owner’s interests.
(sec.72-ssec.2) However, the amendment may be made only if— the affected owner has, within 20 business days after being given notice of the submitted scheme under section 71 , asked the Minister to amend it to protect the owner’s interests; and the amendment is made within 40 business days after the submitted scheme was given to the Minister.
(a) the affected owner has, within 20 business days after being given notice of the submitted scheme under section 71 , asked the Minister to amend it to protect the owner’s interests; and
(b) the amendment is made within 40 business days after the submitted scheme was given to the Minister.
sec.73
Direction to authority to engage again in public notification and submissions
sec.73 Direction to authority to engage again in public notification and submissions
If the Minister considers an amendment of the submitted scheme significantly changes the submitted scheme, the Minister must give the authority a written direction to re-comply with sections 66 , 68 , 69 and 70 for the submitted scheme as amended.
sec.74
When proposed scheme takes effect
sec.74 When proposed scheme takes effect
The development scheme does not take effect until it has been approved under a regulation.
sec.75
Notice of development scheme
sec.75 Notice of development scheme
The authority must, as soon as practicable after the development scheme takes effect—
publish the scheme on its website; and
publish, at least once in a newspaper circulating in the area to which the development scheme applies, a notice stating that—
the scheme has been approved; and
the scheme may be inspected on the authority’s website; and
give each person who made a submission received within the submission period about the scheme a notice stating that—
the scheme has been approved; and
the authority’s report about the scheme can be inspected on its website.
(a) publish the scheme on its website; and
(b) publish, at least once in a newspaper circulating in the area to which the development scheme applies, a notice stating that— (i) the scheme has been approved; and (ii) the scheme may be inspected on the authority’s website; and
(i) the scheme has been approved; and
(ii) the scheme may be inspected on the authority’s website; and
(c) give each person who made a submission received within the submission period about the scheme a notice stating that— (i) the scheme has been approved; and (ii) the authority’s report about the scheme can be inspected on its website.
(i) the scheme has been approved; and
(ii) the authority’s report about the scheme can be inspected on its website.
(i) the scheme has been approved; and
(ii) the scheme may be inspected on the authority’s website; and
(i) the scheme has been approved; and
(ii) the authority’s report about the scheme can be inspected on its website.
pt.6-div.2
Amendment, tabling and inspection of development schemes
Amendment, tabling and inspection of development schemes
sec.76
Authority may amend development scheme
sec.76 Authority may amend development scheme
The authority may amend a development scheme only if procedures under division 1 for making a development scheme have been followed.
Division 1 applies to the amendment as if—
a reference in the division to making a development scheme were a reference to the making of the amendment; and
a reference in the division to a proposed development scheme were a reference to the proposed amendment.
(sec.76-ssec.1) The authority may amend a development scheme only if procedures under division 1 for making a development scheme have been followed.
(sec.76-ssec.2) Division 1 applies to the amendment as if— a reference in the division to making a development scheme were a reference to the making of the amendment; and a reference in the division to a proposed development scheme were a reference to the proposed amendment.
(a) a reference in the division to making a development scheme were a reference to the making of the amendment; and
(b) a reference in the division to a proposed development scheme were a reference to the proposed amendment.
sec.77
Tabling and inspection requirement
sec.77 Tabling and inspection requirement
This section applies if—
a regulation under this part approves a development scheme or an amendment of a development scheme; and
the development scheme or amendment is not part of, or attached to, the regulation.
The Minister must, when the regulation is tabled in the Legislative Assembly under the Statutory Instruments Act 1992 , section 49 , also table a copy of the development scheme or amendment.
A failure to comply with this section does not invalidate or otherwise affect the regulation.
(sec.77-ssec.1) This section applies if— a regulation under this part approves a development scheme or an amendment of a development scheme; and the development scheme or amendment is not part of, or attached to, the regulation.
(sec.77-ssec.2) The Minister must, when the regulation is tabled in the Legislative Assembly under the Statutory Instruments Act 1992 , section 49 , also table a copy of the development scheme or amendment.
(sec.77-ssec.3) A failure to comply with this section does not invalidate or otherwise affect the regulation.
(a) a regulation under this part approves a development scheme or an amendment of a development scheme; and
(b) the development scheme or amendment is not part of, or attached to, the regulation.
pt.6-div.3
Effect of development scheme on other instruments
Effect of development scheme on other instruments
sec.78
Relationship with other instruments
sec.78 Relationship with other instruments
If there is a conflict between a development scheme and any of the following instruments, the development scheme prevails to the extent of the inconsistency—
a planning instrument;
assessment benchmarks prescribed by a regulation made under the Planning Act ;
assessment benchmarks made under another Act for the Planning Act .
A development scheme may suspend or otherwise affect the operation of a planning instrument, but does not amend the planning instrument.
s 78 amd 2016 No. 27 s 409
(sec.78-ssec.1) If there is a conflict between a development scheme and any of the following instruments, the development scheme prevails to the extent of the inconsistency— a planning instrument; assessment benchmarks prescribed by a regulation made under the Planning Act ; assessment benchmarks made under another Act for the Planning Act .
(sec.78-ssec.2) A development scheme may suspend or otherwise affect the operation of a planning instrument, but does not amend the planning instrument.
(a) a planning instrument;
(b) assessment benchmarks prescribed by a regulation made under the Planning Act ;
(c) assessment benchmarks made under another Act for the Planning Act .
pt.6-div.4
Relationship with Planning Act
Relationship with Planning Act
sec.79
Application of sdivs 2 and 3
sec.79 Application of sdivs 2 and 3
Subdivisions 2 and 3 apply to the following applications (each a relevant application )—
a development application for development in the area (the scheme area ) to which a development scheme for a declared project or a reconstruction area, or part of a reconstruction area, applies;
a change application to change a development approval that already approves particular development in the scheme area;
a change application to change a development approval—
to approve particular development in the scheme area; and
that does not already approve particular development in the scheme area.
s 79 amd 2016 No. 27 s 411
(a) a development application for development in the area (the scheme area ) to which a development scheme for a declared project or a reconstruction area, or part of a reconstruction area, applies;
(b) a change application to change a development approval that already approves particular development in the scheme area;
(c) a change application to change a development approval— (i) to approve particular development in the scheme area; and (ii) that does not already approve particular development in the scheme area.
(i) to approve particular development in the scheme area; and
(ii) that does not already approve particular development in the scheme area.
(i) to approve particular development in the scheme area; and
(ii) that does not already approve particular development in the scheme area.
sec.80
Assessment of development applications
sec.80 Assessment of development applications
This section applies to a relevant application that is a development application.
A referral agency for the application must assess the application having regard to the development scheme.
The assessment manager for the application must assess the application against the matters stated in the development scheme as assessment benchmarks for the Planning Act for the application.
This section does not limit the Planning Act , sections 45 , 55 , 60 and 61 .
In this section, a reference to the development scheme is a reference to the development scheme in effect when the application was properly made under the Planning Act .
However, an entity mentioned in subsection (2) or (3) may give the weight that the entity considers is appropriate, in the circumstances, to any amendment or replacement of the development scheme that came into effect after the application was properly made under the Planning Act .
s 80 sub 2016 No. 27 s 412
(sec.80-ssec.1) This section applies to a relevant application that is a development application.
(sec.80-ssec.2) A referral agency for the application must assess the application having regard to the development scheme.
(sec.80-ssec.3) The assessment manager for the application must assess the application against the matters stated in the development scheme as assessment benchmarks for the Planning Act for the application.
(sec.80-ssec.4) This section does not limit the Planning Act , sections 45 , 55 , 60 and 61 .
(sec.80-ssec.5) In this section, a reference to the development scheme is a reference to the development scheme in effect when the application was properly made under the Planning Act .
(sec.80-ssec.6) However, an entity mentioned in subsection (2) or (3) may give the weight that the entity considers is appropriate, in the circumstances, to any amendment or replacement of the development scheme that came into effect after the application was properly made under the Planning Act .
sec.81
Assessment of change applications
sec.81 Assessment of change applications
This section applies to a relevant application that is a change application.
The responsible entity for the application must assess the application against the development scheme.
This section does not limit the Planning Act , sections 81 , 81A and 82 .
In this section, a reference to the development scheme is a reference to the development scheme in effect when the application was made.
However, the responsible entity for the application may give the weight the entity considers is appropriate, in the circumstances, to any amendment or replacement of the development scheme that came into effect after the application was made.
s 81 sub 2016 No. 27 s 412
amd 2019 No. 11 s 231 s ch 1 pt 1
(sec.81-ssec.1) This section applies to a relevant application that is a change application.
(sec.81-ssec.2) The responsible entity for the application must assess the application against the development scheme.
(sec.81-ssec.3) This section does not limit the Planning Act , sections 81 , 81A and 82 .
(sec.81-ssec.4) In this section, a reference to the development scheme is a reference to the development scheme in effect when the application was made.
(sec.81-ssec.5) However, the responsible entity for the application may give the weight the entity considers is appropriate, in the circumstances, to any amendment or replacement of the development scheme that came into effect after the application was made.
sec.82
Restriction on approving relevant application
sec.82 Restriction on approving relevant application
A relevant application must not be approved under the Planning Act to the extent the development the subject of the application is inconsistent with the land use plan for the development scheme, unless—
a preliminary approval under the Planning Act is in force for the land on which the development is to be carried out; and
the development is consistent with the preliminary approval.
To remove any doubt, it is declared that subsection (1) does not require the application to be approved under the Planning Act only because subsection (1) (a) and (b) applies.
s 82 sub 2016 No. 27 s 412
(sec.82-ssec.1) A relevant application must not be approved under the Planning Act to the extent the development the subject of the application is inconsistent with the land use plan for the development scheme, unless— a preliminary approval under the Planning Act is in force for the land on which the development is to be carried out; and the development is consistent with the preliminary approval.
(sec.82-ssec.2) To remove any doubt, it is declared that subsection (1) does not require the application to be approved under the Planning Act only because subsection (1) (a) and (b) applies.
(a) a preliminary approval under the Planning Act is in force for the land on which the development is to be carried out; and
(b) the development is consistent with the preliminary approval.
sec.83
Section sec.83
s 83 om 2016 No. 27 s 412
sec.84
Section sec.84
s 84 om 2016 No. 27 s 413
sec.85
Section sec.85
s 85 om 2016 No. 27 s 413
sec.86
Section sec.86
s 86 om 2016 No. 27 s 413
sec.87
Section sec.87
s 87 om 2016 No. 27 s 413
sec.88
Section sec.88
s 85 om 2016 No. 27 s 413
sec.89
Lawful use of premises protected
sec.89 Lawful use of premises protected
This section applies if, immediately before the taking of effect of a development scheme, or of an amendment of a development scheme, the use of premises to which the scheme relates was a lawful use of the premises.
Neither the development scheme nor the amendment can—
stop the use from continuing; or
further regulate the use; or
require the use to be changed.
In this section—
lawful use , of premises, includes—
a use that is generally in accordance with a current rezoning approval given under—
the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or
the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and
a use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 .
material change of use , of premises, see the Planning Act , schedule 2 .
s 89 amd 2016 No. 27 s 414
(sec.89-ssec.1) This section applies if, immediately before the taking of effect of a development scheme, or of an amendment of a development scheme, the use of premises to which the scheme relates was a lawful use of the premises.
(sec.89-ssec.2) Neither the development scheme nor the amendment can— stop the use from continuing; or further regulate the use; or require the use to be changed.
(sec.89-ssec.3) In this section— lawful use , of premises, includes— a use that is generally in accordance with a current rezoning approval given under— the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and a use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 . material change of use , of premises, see the Planning Act , schedule 2 .
(a) stop the use from continuing; or
(b) further regulate the use; or
(c) require the use to be changed.
(a) a use that is generally in accordance with a current rezoning approval given under— (i) the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or (ii) the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and
(i) the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or
(ii) the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and
(b) a use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 .
(i) the repealed Local Government Act 1936 , section 33 (5) (k) , to which section 33 (5) (m) of that Act also applied; or
(ii) the repealed Local Government (Planning and Environment) Act 1990 , section 4 .5(6), 4.8(6), 4.10(6) or 8.10(9A); and
sec.90
Lawfully constructed buildings and work protected
sec.90 Lawfully constructed buildings and work protected
To the extent a building has been lawfully constructed or work lawfully carried out, neither a development scheme nor an amendment of a development scheme can require the building or work to be altered or removed.
sec.91
New instruments can not affect existing development approval
sec.91 New instruments can not affect existing development approval
This section applies if—
a development approval exists for premises; and
after the approval is given, a new development scheme or amendment of a development scheme commences.
To the extent the approval has not lapsed, neither the development scheme nor the amendment can stop or further regulate the development, or otherwise affect the approval.
s 91 amd 2016 No. 27 s 415
(sec.91-ssec.1) This section applies if— a development approval exists for premises; and after the approval is given, a new development scheme or amendment of a development scheme commences.
(sec.91-ssec.2) To the extent the approval has not lapsed, neither the development scheme nor the amendment can stop or further regulate the development, or otherwise affect the approval.
(a) a development approval exists for premises; and
(b) after the approval is given, a new development scheme or amendment of a development scheme commences.
sec.92
Minister’s power to amend development approval
sec.92 Minister’s power to amend development approval
The Minister may, by a notice given to the assessment manager and the holder of an existing development approval for development in a reconstruction area for which there is a development scheme, amend the development approval if satisfied the amendment is necessary for the carrying out of a reconstruction function of the authority.
For the Planning Act , any amendment of a development approval under subsection (1) —
is taken to be a part of the approval; and
is taken to have been made by the assessment manager for the development approval; and
takes effect when the notice under subsection (1) is given.
If an assessment manager is given a notice under subsection (1) , the assessment manager must comply with the requirements under the Planning Act about giving public access to development approvals, as if the notice were a development approval.
If there is an inconsistency between the amendment and the development approval, the amendment prevails to the extent of the inconsistency.
This section applies despite sections 89 , 90 and 91 .
In this section—
existing , for a development approval, means a development approval in effect for development in a reconstruction area, or part of a reconstruction area, immediately before a development scheme takes effect for the area or part.
s 92 amd 2016 No. 27 s 416 ; 2019 No. 11 s 211
(sec.92-ssec.1) The Minister may, by a notice given to the assessment manager and the holder of an existing development approval for development in a reconstruction area for which there is a development scheme, amend the development approval if satisfied the amendment is necessary for the carrying out of a reconstruction function of the authority.
(sec.92-ssec.2) For the Planning Act , any amendment of a development approval under subsection (1) — is taken to be a part of the approval; and is taken to have been made by the assessment manager for the development approval; and takes effect when the notice under subsection (1) is given.
(sec.92-ssec.3) If an assessment manager is given a notice under subsection (1) , the assessment manager must comply with the requirements under the Planning Act about giving public access to development approvals, as if the notice were a development approval.
(sec.92-ssec.4) If there is an inconsistency between the amendment and the development approval, the amendment prevails to the extent of the inconsistency.
(sec.92-ssec.5) This section applies despite sections 89 , 90 and 91 .
(sec.92-ssec.6) In this section— existing , for a development approval, means a development approval in effect for development in a reconstruction area, or part of a reconstruction area, immediately before a development scheme takes effect for the area or part.
(a) is taken to be a part of the approval; and
(b) is taken to have been made by the assessment manager for the development approval; and
(c) takes effect when the notice under subsection (1) is given.
sec.93
Designation of premises—development scheme
sec.93 Designation of premises—development scheme
To remove any doubt, it is declared that—
the planning Minister or a local government may make a designation under the Planning Act , chapter 2 , part 5 of premises in, or partly in, the area to which a development scheme applies; and
a designation of premises under the Planning Act that is in force immediately before a development scheme takes effect for all or part of the premises continues in force despite the development scheme taking effect.
Development carried out on premises that are the subject of a designation under the Planning Act is accepted development to the extent the development—
is carried out under the designation; and
would, other than for this subsection, be assessable development under a development scheme.
Subsection (2) does not limit the Planning Act , section 44 (6) (b) .
In this section—
planning Minister means the Minister administering the Planning Act .
s 93 sub 2016 No. 27 s 417
(sec.93-ssec.1) To remove any doubt, it is declared that— the planning Minister or a local government may make a designation under the Planning Act , chapter 2 , part 5 of premises in, or partly in, the area to which a development scheme applies; and a designation of premises under the Planning Act that is in force immediately before a development scheme takes effect for all or part of the premises continues in force despite the development scheme taking effect.
(sec.93-ssec.2) Development carried out on premises that are the subject of a designation under the Planning Act is accepted development to the extent the development— is carried out under the designation; and would, other than for this subsection, be assessable development under a development scheme.
(sec.93-ssec.3) Subsection (2) does not limit the Planning Act , section 44 (6) (b) .
(sec.93-ssec.4) In this section— planning Minister means the Minister administering the Planning Act .
(a) the planning Minister or a local government may make a designation under the Planning Act , chapter 2 , part 5 of premises in, or partly in, the area to which a development scheme applies; and
(b) a designation of premises under the Planning Act that is in force immediately before a development scheme takes effect for all or part of the premises continues in force despite the development scheme taking effect.
(a) is carried out under the designation; and
(b) would, other than for this subsection, be assessable development under a development scheme.
sec.94
Section sec.94
s 94 om 2016 No. 27 s 417
sec.95
Planning and Environment Court may make declarations
sec.95 Planning and Environment Court may make declarations
The authority may bring a proceeding in the Planning and Environment Court for a declaration about—
a matter done, to be done or that should have been done for this Act; or
the interpretation of this Act; or
the lawfulness of land use or development—
for a declared project; or
in a reconstruction area.
The court may make—
a declaration about a matter mentioned in subsection (1) ; or
an order about the declaration.
s 95 amd 2016 No. 27 s 418
(sec.95-ssec.1) The authority may bring a proceeding in the Planning and Environment Court for a declaration about— a matter done, to be done or that should have been done for this Act; or the interpretation of this Act; or the lawfulness of land use or development— for a declared project; or in a reconstruction area.
(sec.95-ssec.2) The court may make— a declaration about a matter mentioned in subsection (1) ; or an order about the declaration.
(a) a matter done, to be done or that should have been done for this Act; or
(b) the interpretation of this Act; or
(c) the lawfulness of land use or development— (i) for a declared project; or (ii) in a reconstruction area.
(i) for a declared project; or
(ii) in a reconstruction area.
(i) for a declared project; or
(ii) in a reconstruction area.
(a) a declaration about a matter mentioned in subsection (1) ; or
(b) an order about the declaration.
pt.7
Undertaking works, taking land, dealing with roads and application of particular laws
Undertaking works, taking land, dealing with roads and application of particular laws
pt.7-div.1
Provisions about undertaking works
Provisions about undertaking works
sec.96
Direction for authority to undertake works
sec.96 Direction for authority to undertake works
This section applies if the Minister is satisfied that, for the effective and efficient carrying out of a reconstruction function of the authority, it is necessary or desirable for particular works to be undertaken by the authority.
A regulation may direct the authority to undertake the works.
If a regulation directs the authority to undertake the works, the State Development Act , sections 110 , 111 (2) to (4) and 112 apply in relation to the direction as if—
the references in the sections to section 109 were a reference to this section; and
the references in the sections to the Coordinator-General were references to the authority; and
the reference in section 110 (1) of that Act to ‘or other person directed under the section’ were omitted; and
the reference in section 110 (2) of that Act to ‘or by another person on behalf of the Coordinator-General’ were omitted.
s 96 amd 2019 No. 11 s 212
(sec.96-ssec.1) This section applies if the Minister is satisfied that, for the effective and efficient carrying out of a reconstruction function of the authority, it is necessary or desirable for particular works to be undertaken by the authority.
(sec.96-ssec.2) A regulation may direct the authority to undertake the works.
(sec.96-ssec.3) If a regulation directs the authority to undertake the works, the State Development Act , sections 110 , 111 (2) to (4) and 112 apply in relation to the direction as if— the references in the sections to section 109 were a reference to this section; and the references in the sections to the Coordinator-General were references to the authority; and the reference in section 110 (1) of that Act to ‘or other person directed under the section’ were omitted; and the reference in section 110 (2) of that Act to ‘or by another person on behalf of the Coordinator-General’ were omitted.
(a) the references in the sections to section 109 were a reference to this section; and
(b) the references in the sections to the Coordinator-General were references to the authority; and
(c) the reference in section 110 (1) of that Act to ‘or other person directed under the section’ were omitted; and
(d) the reference in section 110 (2) of that Act to ‘or by another person on behalf of the Coordinator-General’ were omitted.
sec.97
Application of State Development Act for transfer of authorised works
sec.97 Application of State Development Act for transfer of authorised works
The State Development Act , section 134 applies in relation to authorised works under this Act as if—
the references in the section to the Coordinator-General were references to the authority; and
the references in the section to authorised works were references to authorised works under this Act; and
the reference in section 134 (2) of that Act to the Minister were a reference to the Minister administering this Act.
(a) the references in the section to the Coordinator-General were references to the authority; and
(b) the references in the section to authorised works were references to authorised works under this Act; and
(c) the reference in section 134 (2) of that Act to the Minister were a reference to the Minister administering this Act.
sec.98
Application of State Development Act for works on foreshore or under waters
sec.98 Application of State Development Act for works on foreshore or under waters
For the effective and efficient carrying out of a reconstruction function of the authority, the State Development Act , section 140 applies to the authority as if the references in the section to the Coordinator-General were references to the authority.
s 98 amd 2019 No. 11 s 213
pt.7-div.2
Provisions about taking land and entry to land
Provisions about taking land and entry to land
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
pt.1-div.1 Introduction
Introduction
sec.1 Short title
sec.1 Short title
This Act may be cited as the Queensland Reconstruction Authority Act 2011 .
sec.2 Main purpose of Act
sec.2 Main purpose of Act
The main purpose of this Act is to provide for appropriate measures—
to ensure Queensland and its communities effectively and efficiently recover from the impacts of disasters; and
to improve the resilience of communities for potential disasters.
s 2 amd 2013 No. 1 s 3 ; 2019 No. 11 s 200
(a) to ensure Queensland and its communities effectively and efficiently recover from the impacts of disasters; and
(b) to improve the resilience of communities for potential disasters.
sec.3 How main purpose is primarily achieved
sec.3 How main purpose is primarily achieved
The main purpose is to be achieved primarily by—
establishing the Queensland Reconstruction Authority to coordinate and manage the rebuilding and recovery of affected communities, including the repair and rebuilding of community infrastructure and other property; and
establishing the Queensland Reconstruction Board to oversee the operations of the authority; and
providing for the declaration of, and the making of development schemes for, declared projects and reconstruction areas to facilitate the following—
the protection, rebuilding and recovery of affected communities;
mitigating against potential disasters for affected communities;
improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.
s 3 amd 2019 No. 11 s 201
(a) establishing the Queensland Reconstruction Authority to coordinate and manage the rebuilding and recovery of affected communities, including the repair and rebuilding of community infrastructure and other property; and
(b) establishing the Queensland Reconstruction Board to oversee the operations of the authority; and
(c) providing for the declaration of, and the making of development schemes for, declared projects and reconstruction areas to facilitate the following— (i) the protection, rebuilding and recovery of affected communities; (ii) mitigating against potential disasters for affected communities; (iii) improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.
(i) the protection, rebuilding and recovery of affected communities;
The Act also calibrates limits and administrative checks. The authority is a unit of public administration and a statutory body (s 9), the CEO and board have specified functions and reporting duties (ss 18, 29, 41), and the Minister may give written directions in the public interest which must be complied with and disclosed in the authority’s annual report (s 12). Notable procedural checks include consultation steps before making development schemes (ss 65-71) and statutory publication and tabling requirements for step-in matters (ss 57-58, 77). However, for certain decisions designated by the Minister as “critical infrastructure projects”, the Act removes parts of the usual judicial review regime by excluding parts 3 and 5 of the Judicial Review Act 1991 (s 61).
Taken together, the Act creates a centralised administrative vehicle to expedite, coordinate and, where necessary, substitute for ordinary planning and land processes to carry out reconstruction and resilience-building functions after disasters. The Act both enlarges government power over planning and land (through development schemes, step-in, and acquisition powers) and preserves procedural artefacts such as public consultation and reporting in specified contexts.
Main concepts
The Act organises its scheme around a few recurring statutory concepts that determine who decides, who pays, and how ordinary legal processes are altered for reconstruction purposes.
Queensland Reconstruction Authority and Board: The authority is the principal statutory body (s 7). It represents the State and enjoys the status, privileges and immunities of the State (s 8). The Queensland Reconstruction Board sets strategic priorities and monitors performance (ss 28-29). The CEO manages the authority and is appointed by the Governor in Council (ss 14, 18).
Declared project and reconstruction area: A declared project is a project for proposed development declared by the Minister to be in a disaster-affected part of the State and necessary for protection, rebuilding, mitigation or resilience (s 42). A reconstruction area is an area declared by regulation as needing reconstruction measures (s 43). These declarations are the statutory triggers that bring much of Pt 5 and Pt 6 into play.
Prescribed decisions and processes, decision-maker and assessment manager: The Act defines “prescribed decision” and “prescribed process” as decisions or processes under other State laws that relate to declared projects or reconstruction areas and gives the authority powers to require expedited action by the original decision-makers (progression notices, s 49; notices to decide, s 50) and, with Ministerial approval, to substitute itself as decision-maker by a step-in notice (ss 51-55). Decision-makers, assessment managers and referral agencies under the relevant law remain the baseline, but the authority can take on their functions under the Act (s 54(1)(a)-(b)).
Development scheme: The authority may make a development scheme for a declared project or reconstruction area (s 62). A development scheme is a statutory instrument with force of law (s 62(2)). It must include a land use plan, an infrastructure plan and an implementation strategy (s 63). Where inconsistent with other planning instruments and assessment benchmarks, the development scheme prevails to the extent of the inconsistency (s 78).
Step-in and finality: A step-in notice converts the authority into the decision-maker for the relevant prescribed decision/process while the authority undertakes the assessment and decision (ss 51-55). The authority’s decision is taken to be a decision of the original decision-maker and is final for the purposes of this Act and the relevant law; the Act expressly removes the right to appeal under this Act or the relevant law in relation to the authority’s section 55 decision (s 56(1)).
Land acquisition and vesting: The authority may take land for authorised works, development schemes, reconstruction functions and to comply with acquisition obligations (s 99). The Act applies the Acquisition of Land Act 1967 to the process of taking and compensating for land taken under s 99 (s 99(2)-(3)). The Act also authorises creation of public utility easements without owner signature (s 101), vesting of permanently closed or unallocated State land by gazette (s 107), and vesting land taken in a range of public entities (s 102).
Information and cooperation powers: The authority can require information from government entities, GOCs and local governments, and other persons (ss 126-128). Requests must be complied with and carry penalties for non-compliance (s 127(2)). The Act also protects persons who, acting honestly, provide information from civil or criminal liability for having provided it (s 129).
Intersection with other statutory regimes: The Act coordinates (and in some instances displaces) other legal regimes. It designates the authority as a unit of public administration under the Crime and Corruption Act 2001 and a statutory body under financial legislation (s 9). It modifies application of the Planning Act and State Development Act for certain matters (see ss 54(1)(c), 96-99, 110). It also carves out limited judicial review exclusions for critical infrastructure projects (s 61).
These concepts determine the mechanics of reconstruction interventions: declarations and development schemes trigger the authority’s powers; progression and notice powers impose statutory timeframes; step-in gives the authority substituted decision-making power and finality; acquisition and vesting powers allow the authority to secure physical control of land and roads; and information/cooperation powers compel data and assistance from public and private bodies.
Who it affects
The Act creates obligations and rights that affect a defined set of public and private actors. The text identifies these parties and fixes who pays and who decides in several contexts.
The State and its agencies: The authority represents the State and has State privileges and immunities (s 8). The authority is a unit of public administration under the Crime and Corruption Act 2001 and a statutory body for financial statutes (s 9). It can be required to undertake works by regulation (s 96) and may hold, lease or dispose of land (s 103). The Minister exercises oversight, can give written directions to the authority (s 12) and can direct local governments to change planning instruments (ss 111-114). The State may become the ultimate owner of land taken under the authority’s powers (s 102).
Local governments: The Act repeatedly situates local government responsibilities alongside authority powers. The Minister must have regard to local government responsibilities before declaring declared projects or recommending reconstruction area regulations (ss 42(4), 43(3)). The authority must consult the relevant local government before preparing proposed development schemes (s 65). If a declaration regulation names land as acquisition land and potentially requires local government acquisition, that naming requires the local government’s agreement if the declaration regulation states the local government may be required to acquire (s 43(6)-(7)). The Minister may direct a local government to take action on local planning instruments (ss 112-114), and if the local government does not comply the Minister may act and recover costs (s 113).
Private landowners and affected owners: Owners of land inside reconstruction areas are directly affected. If land is declared acquisition land, section 44 requires notice to the owner and registration on the freehold register, and section 100 forbids disposal of acquisition land except to the entity stated in the notice, with a maximum penalty of 165 penalty units (s 100(2)-(3)). Owners contemplating sale must notify the named entity and that entity must buy in the statutory way (s 100(3)). Landowners are also affected by development schemes that may change permissible uses, though ss 89-91 protect lawful uses, lawfully constructed work and existing approvals to specified extents.
Applicants, developers and private businesses: Persons seeking development approvals or involved in development processes in declared projects or reconstruction areas are affected by the authority’s progression notices, notices to decide and step-in powers (Pt 5, ss 49-55). An applicant may request the authority to step in in certain circumstances (s 52(2)(b)). The authority may recover from applicants the reasonable cost of obtaining necessary advice or services for assessments (s 59).
Decision-makers and statutory officers: Decision-makers under the relevant law (assessment managers, referral agencies, responsible entities) must respond to progression notices and notices to decide and must give reasonable assistance and materials to the authority where a step-in notice is given (ss 49, 50, 53). The authority may temporarily be taken to be the decision-maker (s 54). Board members, the CEO and officers are subject to honesty duties and conflict of interest disclosure obligations (ss 115, 40).
Government entities and Government Owned Corporations (GOCs): The authority may request cooperation and information from these entities (ss 126-128). The authority may vest land in a government entity or GOC following acquisition (s 102).
Courts and judicial review: The Act engages judicial review law. Decisions to declare critical infrastructure projects, and certain authority actions relating to such projects, have restricted application of parts 3 and 5 of the Judicial Review Act 1991 (s 61). The authority may seek declarations in the Planning and Environment Court about matters under the Act (s 95).
Public and other persons: The Act imposes public participation requirements for development schemes , website publication, gazette notice and newspaper notice and a minimum 30 business day submission period (s 66). The authority must consider submissions and give submitters notice about submitted and made schemes and where they can inspect reports (ss 68-71, 75). The public is also the audience for certain notices (gazette notices for declarations, s 42; road closure notices, s 106).
In sum, the Act reallocates decision-making authority and information obligations among Ministers, the authority, boards, local governments, statutory decision makers and private owners in disaster-affected areas. Those affected include private landowners who may be prevented from disposing of acquisition land (s 100), developers facing step-in and finality of authority decisions (s 56), local governments facing Ministerial direction (s 112) and government entities subject to cooperation and data requests (ss 126-128).
Key duties and rights
The Act prescribes duties and rights for the authority, Minister, board, CEO, decision-makers and private parties. These duties both enable reconstruction objectives and constrain exercise of the powers.
Authority duties and powers
Perform reconstruction functions: The authority’s main functions are to coordinate whole-of-government policy on risk assessments, flood risk management, recovery from disasters and resilience-building including betterment, to decide infrastructure priorities, work with affected communities, collect and collate information on damaged infrastructure and administer financial assistance (s 10(1)(a)-(i)). The authority may perform any other function given under this Act or another Act (s 10(2)).
Powers of an individual and more: Subject to Ministerial directions (s 12), the authority has all the powers of an individual and may enter contracts, acquire, hold and dispose of property, appoint agents and engage consultants (s 11).
Development schemes: The authority may make statutory development schemes that have force of law and can override inconsistent planning instruments to the extent of the inconsistency (ss 62, 78).
Notices and stepping in: The authority may issue progression notices and notices to decide to decision‑makers (ss 49-50) and, with Ministerial approval, issue step-in notices to become the decision-maker for prescribed decisions or processes (s 51). A step-in notice triggers the authority’s powers to make or amend decisions and to impose conditions (ss 54-55).
Land and infrastructure powers: The authority may take land (s 99), create public utility easements without owner signature (s 101), vest land (s 102), close roads (s 106) and vest closed road or unallocated State land in fee simple in the authority (s 107).
Information-gathering: The authority can require information from relevant entities and other persons where reasonably required for its functions (ss 127-128).
Ministerial duties and powers
Direction and oversight: The Minister may give written directions or notices of public sector policy to the authority if satisfied it is necessary in the public interest; the authority must comply, and the direction must be disclosed in the authority’s annual report (s 12).
Declarations: The Minister may declare a project to be a declared project (s 42) and may declare projects/developments to be critical infrastructure projects (s 45). The Minister must have regard to local government responsibilities before making these declarations (ss 42(4), 43(3)).
Approval to step-in: A step-in notice requires Ministerial approval, and the Minister must be satisfied step-in is necessary to facilitate the matters in s 42(1)(b) (s 51(1)-(2)).
Amend development schemes at affected owners’ request and direct local governments: The Minister may amend submitted development schemes to protect affected owners where statutory time limits and conditions are met (s 72) and, after notice and submissions requirements, may direct local governments to take specified actions on local planning instruments (ss 111-114). If local government fails to comply, the Minister may act and recover expenses (s 113).
Board and CEO duties and rights
Strategic and operational roles: The Board sets strategic priorities and ensures the authority performs (ss 29, 28). The CEO ensures the authority performs effectively and efficiently, may undertake investigations and prepare plans, may exercise the authority’s powers and may recommend matters to the Minister (ss 18, 11).
Reporting: The Board must give quarterly reports to the Minister about authority performance (s 41); the CEO is subject to terms of appointment and annual report requirements for Ministerial directions (s 12(3)).
Decision‑makers and applicants
Duty to assist: When a step-in notice is given, the original decision-maker must provide reasonable assistance and materials (s 53). They must comply with progression notices and notices to decide (ss 49-50).
Applicants’ rights and obligations: Applicants may, in certain cases, request a step-in (s 52(2)(b)), must provide information the authority reasonably requires (s 128), and can be charged for reasonable costs the authority incurs obtaining advice for its assessment (s 59).
Private owners and affected owners
Restrictions on disposal and acquisition rights: If land is declared acquisition land, owners must not dispose of the land other than to the entity stated in the notice and face a maximum penalty of 165 penalty units (s 100(2)). If the owner proposes to sell, the relevant entity must acquire the land in the statutory manner (s 100(3)). Section 44 requires notice and registration on the freehold land register (s 44).
Protections for existing lawful uses and existing approvals: Development schemes and amendments cannot stop, further regulate or require changes to a lawful use existing immediately before the scheme takes effect (s 89). Lawfully constructed buildings and works cannot be required to be altered or removed (s 90). Existing development approvals that have not lapsed cannot be stopped or further regulated by a new or amended development scheme to the extent of inconsistency (s 91), though the Minister may amend approvals in a reconstruction area if necessary for the authority’s functions (s 92).
Other rights and duties
Confidentiality and disclosure: Persons must not disclose information obtained in the administration of this Act except in specified circumstances (s 116). Persons providing information in good faith are protected from civil and criminal liability (s 129).
Conflict of interest and integrity duties: Board members must disclose direct or indirect pecuniary or other interests at meetings and avoid participation in deliberations unless the board permits; particulars must be recorded (s 40). Board members and officers must act honestly in carrying out powers and functions (s 115).
These duties and rights reallocate ordinary governance points in favour of a central authority for reconstruction work, while setting statutory protections for some types of private property use and imposing procedural obligations on decision-makers and public authorities.
Penalties and enforcement
The Act provides both criminal and administrative enforcement mechanisms, penalties for contraventions and procedural rules for bringing proceedings.
Penalties established in the Act
Duty to act honestly (board members and officers): Maximum penalty 200 penalty units (s 115).
False or misleading statements and false documents: Advising anything known to be false or misleading for purposes of the Act carries a maximum penalty of 200 penalty units (s 117); providing a document known to be false, misleading or incomplete in a material particular also carries a maximum penalty of 200 penalty units (s 118).
Disclosure of information: An unauthorised disclosure of information obtained in administration of the Act is a maximum of 100 penalty units (s 116).
Obstruction of authorised person: Obstructing an authorised person executing functions under the Act without a reasonable excuse carries a maximum penalty of 100 penalty units (s 119).
Disposal of acquisition land: An owner of acquisition land must not dispose except to the entity named in the relevant notice; breach carries a maximum penalty of 165 penalty units (s 100(2)).
Regulation breaches: Regulations under the Act may impose penalties up to 20 penalty units for contraventions (s 138(2)).
Summary offence classification and limitations: Offences under the Act are summary offences (s 124), and a prosecution must be started within specified time limits (s 125) , either within one year after commission or within six months after the complainant becomes aware, but within two years of commission.
Enforcement and administrative mechanisms
Compliance with Ministerial directions: The Minister may give a written direction about the performance of the authority’s functions or exercise of its powers if satisfied it is necessary in the public interest; the authority must ensure compliance and must include any such directions in its annual report and may comment on their effects (s 12). That reporting obligation creates transparency that supports political and parliamentary oversight.
Costs and recovery: The authority may recover reasonable costs as a debt from an applicant for advice or services obtained in assessments (s 59). If the Minister must act because a local government fails to comply with a direction under s 112, the Minister may recover expenses reasonably incurred as a debt owing to the State (s 113(3)).
Evidence and presumptions in proceedings: The Act provides evidentiary presumptions and simplified proof mechanisms in proceedings under the Act. For example, appointments and authority of chairpersons and authorised persons are presumed unless a party requires proof (s 121); certificates of the CEO are admissible as evidence concerning documents and notices (s 123).
Civil liability protections: Officials acting honestly and without negligence in performing functions under the Act are protected from civil liability; liability instead may attach to the State (s 133).
Finality of authority decisions and limitation of appeal rights: When the authority steps in and makes a decision under s 55, that decision is taken to be a decision of the original decision-maker; a person may not appeal against the authority’s decision under this Act or the relevant law (s 56(1)). For “critical infrastructure projects” declared by the Minister, parts 3 and 5 of the Judicial Review Act 1991, which deal with statutory orders of review and prerogative orders, do not apply to specified decisions (s 61). The effect is to limit judicial-review remedies for certain high-priority projects.
Reporting and transparency as enforcement adjuncts
Quarterly reporting by the board to the Minister on the authority’s performance is required (s 41(1)). The authority must keep reports on its website (s 41(3)).
The authority must prepare a report for each step-in notice and the Minister must table the report in Parliament within 14 sitting days after notice is given under s 57(1) of the authority’s decision (s 58). This creates parliamentary visibility of step-in actions.
Practical enforcement picture
Criminal penalties are modest to substantial depending on the offence, and most offences are summary only (ss 115-119, 124-125, 138(2)).
Administrative enforcement relies on statutory obligations to comply with directions, notices and information requirements (ss 12, 49-53, 127-128) and on the authority’s power to recover costs (s 59) and for the Minister to act and recover expenses where local government fails to comply (s 113).
The Act creates legal finality for the authority’s substituted decisions (s 56) and curtails judicial-review avenues for critical infrastructure projects (s 61), which materially alters the enforcement and review landscape for certain reconstruction decisions.
How it interacts with other laws
The Act expressly layers itself on top of a number of other statutory regimes and specifies how those statutes apply, are modified or are displaced for reconstruction purposes.
Planning Act and planning instruments
Development schemes: The Act allows the authority to make development schemes that are statutory instruments under the Statutory Instruments Act 1992 and that can regulate land use and categorise development for the Planning Act (ss 62-63). A development scheme may categorise development as accepted, assessable or prohibited for the Planning Act and may state whether assessable development requires code or impact assessment under the Planning Act (s 63(3)(b)-(c)). Where a development scheme conflicts with a planning instrument or assessment benchmarks under the Planning Act, the development scheme prevails to the extent of the inconsistency (s 78(1)).
Assessment and referral processes: Where a development scheme is in effect, referral agencies and assessment managers must assess development applications having regard to the development scheme and against assessment benchmarks the scheme states for the Planning Act (s 80). The scheme applies as at the time the application was properly made, though entities may give weight to subsequent amendments as appropriate (s 80(5)-(6)).
Step-in and Planning Act processes: If a step-in notice relates to an application for a development approval or change application (other than a minor change), the authority must consider Planning Act criteria and the authority’s decision is treated as the exercise of a power of the authority under this Act (ss 54(1)(c)-(f), 55). The Act also provides that the Planning Act does not bind the authority or chief executive officer in relation to the authority’s functions or powers under this Act (s 110).
State Development Act
Applying State Development Act provisions: The Act imports multiple parts of the State Development Act (SDA) for specific purposes. If a regulation directs the authority to undertake works, the SDA sections 110, 111(2)-(4) and 112 apply with modifications mapping the Coordinator-General to the authority (s 96(3)). The SDA provisions for transfer of authorised works, foreshore works, and certain other provisions are applied to the authority’s activities (ss 97-98, 104, 109, 105). Sections dealing with entry to land, construction and transfer processes are similarly applied to the authority with necessary changes (ss 97-105). Section 126 extends the duty to cooperate under the SDA s 13 to duties to cooperate with the authority.
Acquisition of Land Act 1967 and Land Title Act 1994
Land takings and compensation: The Acquisition of Land Act 1967 (ALA) applies to the authority’s taking land and compensation process, subject to necessary changes (s 99(2)-(3)). The Act preserves that the taking under the authority is not to be construed as a taking under the ALA even though the ALA process applies (s 99(6)).
Easements and registration: The authority may create public utility easements under the Land Title Act 1994 without the owner’s signature (s 101(3)), notwithstanding provisions in that Act (s 101(4)). The registrar must note acquisitions on the freehold register (s 44(3)-(4)).
Judicial Review Act 1991
Limited judicial review for certain decisions: Section 61 removes application of parts 3 and 5 of the Judicial Review Act 1991, other than s 41(1), to specified Ministerial and authority decisions concerning critical infrastructure projects, notices for progression/decide/step-in and decisions made under s 55 for critical infrastructure projects. That limits statutory orders of review and prerogative orders around such decisions.
Crime and Corruption Act 2001, Financial accountability and statutory body Acts
Administrative oversight: The authority is declared a unit of public administration under the Crime and Corruption Act 2001 and a statutory body under the Financial Accountability Act 2009 and Statutory Bodies Financial Arrangements Act 1982 (s 9). These specifications determine the internal accountability framework, financial arrangements and corruption oversight arrangements applicable to the authority.
Local Government Acts and relations with local government functions
Preservation of local government jurisdiction: The Act states the declaration of a declared project or a reconstruction area does not affect the operation, area or jurisdiction of the City of Brisbane Act 2010 or the Local Government Act 2009 but the local government’s exercise of functions under those Acts in relation to land in a reconstruction area is subject to the authority’s functions and powers under this Act (s 46). The Minister must have regard to local government responsibilities before making declarations (ss 42(4), 43(3)). The Minister may direct local government to take particular actions about local planning instruments and, if the local government does not comply, the Minister may act and recover costs (ss 111-113).
Other interactions and primacy
The Act contains a general “despite any other law” clause for the part dealing with prescribed decisions and processes (s 48), and expressly states that its information division applies despite any other law that would prohibit or restrict giving the information (s 130(2)). The authority’s decision under s 55 is treated as a decision of the original decision-maker under the relevant law and is final to the extent specified (s 56(1)), which means the Act is designed to displace or supersede other statutory processes in reconstruction scenarios.
Collectively, the Act builds a legal overlay that borrows and adapts elements from multiple planning, development, land and public administration statutes, creating cross‑statutory application rules and explicit displacements where necessary to facilitate reconstruction functions.
Amendment history
The text supplied contains internal amendment annotations indicating multiple legislative changes since the Act’s original enactment. The Act itself contains inline amendment notes adjacent to many sections. The following is a source‑grounded list of amendment markers appearing in the supplied text; this is a statement of what the source records, not an exhaustive parliamentary history beyond the in-text notes.
s 2: amended in 2013 No. 1 s 3 and in 2019 No. 11 s 200 (s 2 amd 2013 No. 1 s 3 ; 2019 No. 11 s 200).
s 3: amended 2019 No. 11 s 201 (s 3 amd 2019 No. 11 s 201).
s 6: shows amendment and omission markers (s 6 amd 2013 No. 1 s 4; om 2019 No. 11 s 202).
s 9: amended 2014 No. 21 s 94(2) sch 2 (s 9 amd 2014 No. 21 s 94 (2) sch 2).
s 10: amended 2013 No. 1 s 5; 2019 No. 11 s 203; 2024 No. 22 s 87 (s 10 amd 2013 No. 1 s 5 ; 2019 No. 11 s 203 ; 2024 No. 22 s 87).
s 11: amendment markers present (no year in body but indicates subject to s 12).
s 12: appears unchanged except its reporting link to Financial Accountability Act remains.
s 14-26: several sections amended 2022 No. 34 s 365 sch 3 and 2024 No. 22 sch 1 references; for example s 16 was amended 2022 No. 34 s 365 sch 3 (s 16 amd 2022 No. 34 s 365 sch 3).
s 24 and s 26-27: amendments include 2022 No. 34 s 365 sch 3 and 2024 No. 22 s 92 sch 1 for s 24 and 27 (s 24 amd 2022 No. 34 s 365 sch 3 ; 2024 No. 22 s 92 sch 1; s 26 amd 2022 No. 34 s 365 sch 3; s 27 amd 2024 No. 22 s 92 sch 1).
s 30: amended 2019 No. 11 s 204 (s 30 amd 2019 No. 11 s 204).
s 31 and s 35: s 31 amended 2019 No. 11 s 231 sch 1 pt 1; s 35 amended 2019 No. 11 s 205 (s 31 amd 2019 No. 11 s 231 s ch 1 pt 1; s 35 amd 2019 No. 11 s 205).
s 36: sub 2024 No. 22 s 88 indicates amendment (s 36 sub 2024 No. 22 s 88).
s 38 and other procedural provisions: amended 2019 No. 11 s 231 sch 1 pt 1 (s 38 amd 2019 No. 11 s 231 s ch 1 pt 1).
Pt 5 provisions (ss 47-61) show 2016 No. 27 amendments in many places (for example s 47 def decision-maker amd 2016 No. 27 s 398(1); s 49 amd 2016 No. 27 s 399; s 50 amd 2016 No. 27 s 400; s 51 amd 2019 No. 11 s 209).
Development schemes (Pt 6): multiple amendments noted, for example s 63 amd 2016 No. 27 s 407; s 64 amd 2016 No. 27 s 408; s 70-71 show process introduced 2016 No. 27 s 422; s 75 and s 76 have amendment markers.
Pt 7 land and works: s 96 amd 2019 No. 11 s 212; s 97 amd markers; s 99 amended 2013 No. 23 s 352 sch 1 pt 1 ; 2019 No. 11 s 214; s 100 and subsequent sections show amendments 2019 No. 11 s 214 and s 215 in text margins.
Delegations and staff provisions: s 132 amd 2022 No. 34 s 365 sch 3 ; 2024 No. 22 s 89 , s 92 sch 1 (amdt 3 could not be given effect) indicates recent government administrative law changes affecting delegations.
Transitional Part 11: sections in Pt 11 were inserted or amended by the Planning (Consequential) and Other Legislation Amendment Act 2016 (s 139 pres s 139 ins 2016 No. 27 s 422; ss 140-141 ins 2016 No. 27 s 422).
The in-text amendment notes are the source’s record of legislative change and identify the amending Acts and provisions where provided. The supplied text therefore evidences iterative updates to the Act across years cited in the marginal annotations, particularly amendments in 2013, 2014, 2016, 2019, 2022 and 2024. The Act’s text also contains multiple “om” (omitted) markers indicating provisions removed by later amending Acts (for example s 6 om 2019 No. 11 s 202 and multiple “om 2016 No. 27” markers for sections superseded by the 2016 amending Act). The Act also includes a transitional Part (Pt 11) keyed to the 2016 Planning amendments.
This list is drawn solely from the amendment annotations embedded in the provided Act text. The annotations indicate which sections have been varied and which amending Acts and sections effected the changes according to the source.
Litigation history
The supplied statute text does not include or name any court decisions or cases. It does, however, set a statutory interface with judicial-review law and the Planning and Environment Court which will determine the litigation landscape for matters arising under the Act.
Judicial Review Act carve-out: The Act expressly excludes parts 3 and 5 of the Judicial Review Act 1991 (other than s 41(1)) from applying to certain decisions about critical infrastructure projects (s 61). That means statutory orders of review and prerogative remedies are excluded in those classes of decisions identified in s 61(a)-(d). The Act therefore pre-empts particular judicial-review pathways for those matters, narrowing remedies for litigants as provided.
Planning and Environment Court jurisdiction: The authority is given a statutory cause of action to bring proceedings in the Planning and Environment Court for declarations about matters done or to be done under the Act, the interpretation of the Act, or the lawfulness of land use or development for a declared project or in a reconstruction area (s 95). The court may make declarations and orders on those questions (s 95(2)). That empowers the authority to seek declaratory relief and judicial clarification from the Planning and Environment Court on its statutory powers and activities.
Parliamentary reporting: For step-in decisions, the authority must prepare a report and the Minister must table it in the Legislative Assembly within 14 sitting days after notice of the authority’s decision (s 58). This does not create a judicial forum but does provide a parliamentary record that may inform later litigation or review.
Finality of authority decisions: When the authority steps in and makes a decision under s 55, that decision is taken to be a decision of the original decision-maker under the relevant law and explicitly a person may not appeal against the authority’s decision under this Act or the relevant law (s 56(1)). For critical infrastructure projects, judicial review is curtailed under s 61. These provisions, as enacted, will shape the litigation profile by narrowing statutory appeals and certain judicial remedies.
Because the supplied text contains no case law, no in‑text precedent or litigation narrative is recorded. The Act itself is designed to transfer some decision-making authority from traditional decision-makers and to limit some review avenues in particular high-priority circumstances while preserving a declaratory route in the Planning and Environment Court for the authority.
Gotchas
The Act contains several provisions where ordinary expectations about planning, appeals, land dealings and local-government primacy are displaced or modified. These are practical “gotchas” for lawyers, planners, landowners, decision-makers and councils, grounded in the statutory text.
Step-in finality and appeal limitation (ss 51-56)
Once the authority issues a step-in notice with Ministerial approval (s 51) it becomes the decision-maker for the prescribed decision/process (s 54(1)(a)) and has the powers of the original decision-maker (s 54(1)(b)). Critically, the Act provides that a person may not appeal against the authority’s decision under this Act or the relevant law (s 56(1)). This removes the ordinary statutory appeal route. Clients should note that where step-in occurs, internal remedies are curtailed and judicial-review remedies may also be restricted for critical infrastructure (s 61).
Judicial-review carve-outs for critical infrastructure (s 61)
Section 61 excludes parts 3 and 5 of the Judicial Review Act 1991 from applying to specified Ministerial and authority decisions regarding critical infrastructure projects. Those parts deal with statutory orders of review and prerogative orders. The carve-out narrows judicial remedies for affected parties in the specified categories.
Ministerial direction and reporting (s 12)
The Minister may give written directions about the performance of functions or exercise of powers if satisfied it is necessary in the public interest (s 12(1)). The authority must comply and must disclose the direction in its annual report (s 12(3)). This centralises political oversight and creates a public record, but gives the Minister a wide discretion over what is “necessary in the public interest”.
Disposition restrictions for acquisition land and penalties (ss 43-44, 100)
If land in a reconstruction area is declared acquisition land and the declaration regulation states the entity that may be required to acquire the land, the owner faces a prohibition on disposing of the land to anyone other than the named entity (s 100(2)). Breach attracts a substantial maximum penalty of 165 penalty units. The authority must notify owners and cause a register entry to show the declaration (s 44). Transactions made in breach are not invalid but the new owner is taken to have been given notice (s 100(4)), which may have downstream implications for marketability.
Authority may override local planning instruments (Pt 6, ss 62-63, 78)
Development schemes made by the authority prevail over planning instruments and assessment benchmarks to the extent of any inconsistency (s 78(1)). A scheme can categorise assessable development and set assessment benchmarks and procedures for the Planning Act (s 63(3)). While the Act requires pre-publication consultation with the relevant local government (s 65), the authority is not bound by local planning instruments (s 63(4)).
Ministerial power to amend development approvals (s 92)
The Minister may, by notice, amend an existing development approval for development in a reconstruction area where the amendment is necessary for carrying out a reconstruction function (s 92(1)). The amendment takes effect when the notice is given and prevails to the extent of inconsistency (s 92(2)-(4)). This applies despite the protections in ss 89-91 that otherwise protect lawful uses, lawfully constructed buildings and existing approvals.
Short statutory timeframes for decision-makers (ss 49-50)
The authority’s progression notices and notices to decide require decision-makers to undertake processes or make decisions within stated periods. Notices to decide must allow at least 20 business days or the lesser period if the relevant law requires a shorter decision-making period (s 50(2)). The authority may extend these periods without the decision-maker’s agreement (ss 49(4), 50(5)). Decision-makers must report completion within five business days (ss 49(2), 50(3)). These compressed statutory deadlines can create practical pressure on assessment managers and referral agencies.
Information requirements that operate despite other prohibitions (ss 127-130)
The authority’s power to require non-personal information from relevant entities or other persons is expressed to apply despite other laws that would otherwise prohibit or restrict giving such information (s 130(2)). A failure to comply with an information notice carries a penalty of 100 penalty units (s 127(2)). The Act also protects persons who honestly supply information from civil, criminal or administrative liability (s 129). These provisions can undermine confidentiality expectations that ordinarily protect certain data, and users should consider privacy and other legislative overlays for “personal information” which the authority is not authorised to request under s 127(1).
Vesting and registration without fees (ss 101, 107)
The authority may register public utility easements without an owner’s signature (s 101(3)) and may vest permanently closed roads or unallocated State land in itself by gazette notice and cause registration without fees (s 107(4)). These mechanics reduce administrative friction for the authority but can surprise private parties used to requiring owner consent as part of land dealings.
Limits on consultation: progression notices and notices to decide do not require prior consultation (s 60)
The authority is not required to consult with anyone before issuing progression notices or notices to decide (s 60). That is a departure from ordinary planning processes where consultation can be integral.
These “gotchas” are statutory features of the Act. Their practical risk, distribution of benefits and costs depend on how the authority, the Minister and decision-makers exercise the discretions the Act creates.
How to comply
This section sets out concrete compliance actions for the principal affected parties under the Act, referencing the relevant sections and practical timeframes and documents the Act requires.
Applicants and developers operating in declared projects or reconstruction areas
Monitor declarations and development schemes: Track gazette notices (s 42(2), s 45(2)) and the authority’s website for declared projects and proposed/approved development schemes (ss 62(2), 66(1)(a)). Development schemes and submitted schemes will be published on the authority’s website (ss 66(1), 75(1)(a)).
Respond promptly to notices: If a progression notice or notice to decide is issued to a decision-maker relevant to your application, be prepared to supply requested information and materials promptly (ss 49(1)-(3), 50(3)). For notices to decide, statutory minimum periods apply , at least 20 business days unless a shorter statutory period applies (s 50(2)). Decision-makers must inform the authority of completion within five business days (ss 49(2)(b), 50(3)(b)); applicants should ensure relevant processes are tracked to meet those reporting requirements.
Preserve appeal windows and consider step-in requests: If a decision-maker complies with a notice to decide and a decision is made, applicants have 10 business days to ask the authority for a step-in notice in certain circumstances (s 52(2)(b)). If a decision is appealed, a step-in notice can be given up to 10 business days after the start of the appeal (s 52(3)). Applicants should monitor appeal timings and be ready to request step-in if necessary.
Prepare for finality if step-in occurs: If the authority issues a step-in notice with Ministerial approval (s 51), the authority becomes the decision-maker (s 54(1)(a)) and its decision is final for the purposes of the Act and the relevant law and not subject to appeal under this Act or the relevant law (s 56(1)). Applicants should ensure they are ready to engage meaningfully with the authority’s assessment process and to provide full and timely documentation as requested (s 53).
Decision‑makers, assessment managers and referral agencies
Comply with progression notices and notices to decide: On receipt of a progression notice or notice to decide the decision-maker must undertake the required processes or make the required decisions within the stated period unless extended by the authority (ss 49(3), 50(4)-(6)). The decision-maker must inform the authority within five business days of completion (ss 49(2)(b), 50(3)(b)).
Provide assistance promptly if step-in occurs: If a step-in notice is given, the decision-maker must give the authority all reasonable assistance and materials including documents held before and after the step-in notice (s 53(1)). The decision-maker may be required by notice to provide a written assessment or recommendations within a reasonable period (s 53(2)).
Mind confidentiality and disclosure rules: While some information may be restricted under other laws, the authority’s information powers are intended to apply despite other laws (s 130). Decision-makers should seek prompt legal advice when the authority requests information that may appear subject to confidentiality obligations, as s 129 gives protection for persons acting honestly in providing information.
Local governments
Engage in pre-scheme consultation: The authority must consult the relevant local government in the way it considers appropriate before preparing a proposed development scheme (s 65(1)(a)). Local governments should engage early to influence content and ensure local responsibilities are considered (s 42(4), s 43(3)).
Watch for Ministerial directions on planning instruments: The Minister may direct a local government to review or make a planning scheme, temporary local planning instrument or planning scheme policy where the Minister is satisfied it is necessary to achieve the Act’s main purpose (ss 111-112). When the Minister gives notice of a proposed exercise of power, local government has a specified period to make submissions (s 111(3)). If the local government does not comply with a direction within the stated reasonable period, the Minister may act and recover expenses (s 113).
Keep registers and maps updated: If the authority performs functions related to a road or former road, the authority must give the local government the information required for the local government’s map and register of roads (s 108). Local governments should update statutory registers accordingly.
Landowners and affected owners
Observe acquisition notices and disposal restrictions: If an owner receives a notice under s 44(1)(a) that land has been declared acquisition land, the owner must not dispose of the acquisition land other than to the named entity in the notice under s 100(2). Non-compliance carries a maximum penalty of 165 penalty units (s 100(2)). Owners proposing to sell must serve notice on the relevant entity and the entity must acquire the land in the prescribed manner (s 100(3)).
Monitor planning scheme and development scheme processes: Owners who submit under the public consultation process for a proposed development scheme have a right to be notified when the submitted scheme is given to the Minister and, if they are an affected owner, may ask the Minister within 20 business days to amend the submitted scheme to protect their interests (ss 66-72). Owners should ensure they meet submission deadlines and track the 20 business day request window under s 71.
Authority, board and CEO
Follow Ministerial disclosure requirements: The authority must include any Ministerial direction under s 12 in its annual report and may comment on the effects (s 12(3)). The board must provide quarterly reports to the Minister about performance and keep each such report on the authority’s website (s 41(1)-(3)). For step-in actions, a report must be prepared and tabled in Parliament (s 58).
Observe conflict-of-interest rules: Board members must disclose conflicts at meetings and the board must record particulars in its register; members who disclose conflicts must not participate in deliberations unless the board otherwise decides (s 40).
Use prescribed procedural steps for development schemes: The authority must consult relevant local government and make reasonable endeavours to consult other likely affected persons (s 65); publish proposed schemes with a gazette notice and newspaper notice and allow at least 30 business days for submissions (s 66); consider submissions (s 68); amend and re-notify if a change is significant (s 69); give submitters notice of the submitted scheme and allow affected owners 20 business days to ask the Minister to amend the submitted scheme (s 71); provide reports to the Minister (s 70) and publish made schemes and notices (s 75).
Make and maintain guidelines and forms: The authority may make guidelines to provide practical guidance on operation of the Act (s 135) and approve forms for use under the Act (s 137). These should be published and available on request (s 135(3)).
General compliance advice
Track statutory timeframes and reporting windows: The Act imposes specific timeframes for responses to notices, for publication and submission windows for development schemes, for owner request windows and for parliamentary tabling of reports. Failure to meet them may foreclose rights (e.g., s 71(1)(c) and s 72(2)).
Obtain and preserve records and documents: The Act permits the authority to rely on certificates of the chief executive officer about documents and notices (s 123). Parties should ensure documents are recorded and preserved to prove compliance.
Seek legal advice when jurisdictional questions arise: The Act displaces, modifies and interacts with other statutes (e.g., Planning Act, ALA, State Development Act, Judicial Review Act). Where step-in, acquisition, or Ministerial directions are proposed or effected, parties should obtain prompt legal advice about remedies, time limits and obligations since usual appeals and judicial-review avenues may be restricted (ss 56, 61).
Following these concrete steps will help affected parties meet statutory obligations and preserve rights under the Act, particularly around time-limited windows and the distinctive processes the Act creates for reconstruction responses.
(ii) mitigating against potential disasters for affected communities;
(iii) improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.
(i) the protection, rebuilding and recovery of affected communities;
(ii) mitigating against potential disasters for affected communities;
(iii) improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities.
sec.4 Act binds all persons
sec.4 Act binds all persons
This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
Nothing in this Act makes the State liable to be prosecuted for an offence.
(sec.4-ssec.1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.
(sec.4-ssec.2) Nothing in this Act makes the State liable to be prosecuted for an offence.
pt.1-div.2 Interpretation
Interpretation
sec.5 Definitions
sec.5 Definitions
The dictionary in the schedule defines particular words used in this Act.
Section sec.6
s 6 amd 2013 No. 1 s 4
om 2019 No. 11 s 202
pt.2 Queensland Reconstruction Authority
Queensland Reconstruction Authority
pt.2-div.1 Establishment
Establishment
sec.7 Establishment of authority
sec.7 Establishment of authority
The Queensland Reconstruction Authority is established.
sec.8 Authority represents the State
sec.8 Authority represents the State
The authority represents the State.
Without limiting subsection (1) , the authority has the status, privileges and immunities of the State.
(sec.8-ssec.1) The authority represents the State.
(sec.8-ssec.2) Without limiting subsection (1) , the authority has the status, privileges and immunities of the State.
sec.9 Application of other Acts
sec.9 Application of other Acts
The authority is—
a unit of public administration under the Crime and Corruption Act 2001 ; and
a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the authority’s powers.
s 9 amd 2014 No. 21 s 94 (2) sch 2
(sec.9-ssec.1) The authority is— a unit of public administration under the Crime and Corruption Act 2001 ; and a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
(sec.9-ssec.2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B explains how that Act affects the authority’s powers.
(a) a unit of public administration under the Crime and Corruption Act 2001 ; and
(b) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 .
pt.2-div.2 Functions and powers
Functions and powers
sec.10 Authority’s functions
sec.10 Authority’s functions
The main functions of the authority are as follows—
to coordinate the development and implementation of whole-of-government policies for—
carrying out risk assessments of potential disasters; and
managing flood risks; and
ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and
improving the resilience of communities for potential disasters through, for example, the betterment of the communities;
to decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities;
to work closely with affected communities to ensure each community’s needs are recognised in the rebuilding and recovery of the communities and improving their resilience;
to collect and collate information about community services, and community infrastructure and other property, damaged or otherwise affected by a disaster;
to administer, coordinate and distribute financial assistance for communities in relation to mitigating against, recovering from or improving resilience for disasters;
to put into effect the strategic priorities of the board;
to ensure the protection, rebuilding and recovery of affected communities is—
effectively and efficiently carried out; and
appropriate, having regard to the nature of the disaster;
to facilitate mitigating against potential disasters, including facilitating the development of a network of flood warning gauges that complies with best practice;
to plan for, coordinate and put in place measures to improve the resilience of communities for potential disasters through, for example, the betterment of the communities;
if asked by the Minister, to give the Minister advice about putting into effect recommendations made after an inquiry or inquest, particularly recommendations about mitigating against, recovering from or improving resilience for disasters.
The authority’s functions also include any other function given to the authority under this Act or another Act.
s 10 amd 2013 No. 1 s 5 ; 2019 No. 11 s 203 ; 2024 No. 22 s 87
(sec.10-ssec.1) The main functions of the authority are as follows— to coordinate the development and implementation of whole-of-government policies for— carrying out risk assessments of potential disasters; and managing flood risks; and ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and improving the resilience of communities for potential disasters through, for example, the betterment of the communities; to decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities; to work closely with affected communities to ensure each community’s needs are recognised in the rebuilding and recovery of the communities and improving their resilience; to collect and collate information about community services, and community infrastructure and other property, damaged or otherwise affected by a disaster; to administer, coordinate and distribute financial assistance for communities in relation to mitigating against, recovering from or improving resilience for disasters; to put into effect the strategic priorities of the board; to ensure the protection, rebuilding and recovery of affected communities is— effectively and efficiently carried out; and appropriate, having regard to the nature of the disaster; to facilitate mitigating against potential disasters, including facilitating the development of a network of flood warning gauges that complies with best practice; to plan for, coordinate and put in place measures to improve the resilience of communities for potential disasters through, for example, the betterment of the communities; if asked by the Minister, to give the Minister advice about putting into effect recommendations made after an inquiry or inquest, particularly recommendations about mitigating against, recovering from or improving resilience for disasters.
(sec.10-ssec.2) The authority’s functions also include any other function given to the authority under this Act or another Act.
(a) to coordinate the development and implementation of whole-of-government policies for— (i) carrying out risk assessments of potential disasters; and (ii) managing flood risks; and (iii) ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and (iv) improving the resilience of communities for potential disasters through, for example, the betterment of the communities;
(i) carrying out risk assessments of potential disasters; and
(ii) managing flood risks; and
(iii) ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and
(iv) improving the resilience of communities for potential disasters through, for example, the betterment of the communities;
(b) to decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities;
(c) to work closely with affected communities to ensure each community’s needs are recognised in the rebuilding and recovery of the communities and improving their resilience;
(d) to collect and collate information about community services, and community infrastructure and other property, damaged or otherwise affected by a disaster;
(e) to administer, coordinate and distribute financial assistance for communities in relation to mitigating against, recovering from or improving resilience for disasters;
(f) to put into effect the strategic priorities of the board;
(g) to ensure the protection, rebuilding and recovery of affected communities is— (i) effectively and efficiently carried out; and (ii) appropriate, having regard to the nature of the disaster;
(i) effectively and efficiently carried out; and
(ii) appropriate, having regard to the nature of the disaster;
(h) to facilitate mitigating against potential disasters, including facilitating the development of a network of flood warning gauges that complies with best practice;
(i) to plan for, coordinate and put in place measures to improve the resilience of communities for potential disasters through, for example, the betterment of the communities;
(j) if asked by the Minister, to give the Minister advice about putting into effect recommendations made after an inquiry or inquest, particularly recommendations about mitigating against, recovering from or improving resilience for disasters.
(i) carrying out risk assessments of potential disasters; and
(ii) managing flood risks; and
(iii) ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and
(iv) improving the resilience of communities for potential disasters through, for example, the betterment of the communities;
(i) effectively and efficiently carried out; and
(ii) appropriate, having regard to the nature of the disaster;
sec.11 Authority’s powers
sec.11 Authority’s powers
Subject to any Ministerial direction or notice under section 12 , the authority has all the powers of an individual, and may, for example—
enter into contracts; and
acquire, hold, deal with and dispose of property; and
appoint agents and attorneys; and
engage consultants; and
do anything else necessary or convenient to be done in the performance of its functions.
Without limiting subsection (1) , the authority has the powers given to it under this Act or another Act.
(sec.11-ssec.1) Subject to any Ministerial direction or notice under section 12 , the authority has all the powers of an individual, and may, for example— enter into contracts; and acquire, hold, deal with and dispose of property; and appoint agents and attorneys; and engage consultants; and do anything else necessary or convenient to be done in the performance of its functions.
(sec.11-ssec.2) Without limiting subsection (1) , the authority has the powers given to it under this Act or another Act.
(a) enter into contracts; and
(b) acquire, hold, deal with and dispose of property; and
(c) appoint agents and attorneys; and
(d) engage consultants; and
(e) do anything else necessary or convenient to be done in the performance of its functions.
sec.12 Ministerial direction or notice
sec.12 Ministerial direction or notice
The Minister may give the authority a written direction about the performance of its functions or the exercise of its powers, or notice of a public sector policy, if the Minister is satisfied it is necessary to give the direction or notice in the public interest.
The authority must ensure the direction or policy is complied with.
The authority—
must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and
may include in the report a comment about the effect on the authority’s activities of complying with the direction or notice.
(sec.12-ssec.1) The Minister may give the authority a written direction about the performance of its functions or the exercise of its powers, or notice of a public sector policy, if the Minister is satisfied it is necessary to give the direction or notice in the public interest.
(sec.12-ssec.2) The authority must ensure the direction or policy is complied with.
(sec.12-ssec.3) The authority— must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and may include in the report a comment about the effect on the authority’s activities of complying with the direction or notice.
(a) must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63 , details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and
(b) may include in the report a comment about the effect on the authority’s activities of complying with the direction or notice.
This is an opening excerpt, not the complete document.