Declared project: a project for proposed development declared by the Minister by gazette notice if the project is in a part of the State directly or indirectly affected by a disaster and the declaration is necessary to facilitate protection, rebuilding, recovery, mitigation or resilience (s 42). The Minister must have regard to the responsibilities of the relevant local government before declaring (s 42(4)).

Reconstruction area: a part of the State declared by regulation (a declaration regulation) to be a reconstruction area (s 43). The Minister must be satisfied the area is directly or indirectly affected by a disaster and the declaration is necessary for the same purposes as a declared project (s 43(2)). The Minister must also have regard to local government responsibilities (s 43(3)). A declaration regulation may declare land to be acquisition land, subject to section 100, meaning the owner cannot dispose of it except to the authority or a local government (s 43(4)-(6)).

Critical infrastructure project: a declared project or development in a reconstruction area declared by the Minister by gazette notice to be critical or essential for the State for economic, environmental or social reasons (s 45). Decisions relating to critical infrastructure projects have limited judicial review (s 61).

Development scheme: a statutory instrument made by the Authority for a declared project or reconstruction area that has the force of law (s 62). It must include a land use plan regulating development, a plan for infrastructure, and an implementation strategy (s 63). The land use plan may categorise development as accepted, assessable or prohibited, state assessment benchmarks, and suspend planning instruments (s 63(3)-(4), s 78). Development schemes prevail over conflicting planning instruments and assessment benchmarks (s 78).

Prescribed decision and prescribed process: decisions and processes required under a law of the State for a declared project or development in a reconstruction area, but excluding decisions required by the Governor in Council or a Minister (s 47). Examples include a decision of an assessment manager on a development application, or a process such as development assessment under the Planning Act.

Progression notice: a notice given by the Authority to a decision-maker for a prescribed process requiring that process to be undertaken within a stated period (s 49). The decision-maker must inform the Authority of completion within five business days.

Notice to decide: a notice given by the Authority to a decision-maker for a prescribed decision requiring the decision to be made within at least 20 business days, or a lesser period if the relevant law provides a shorter period (s 50).

Step-in notice: a notice given with Ministerial approval transferring decision-making power to the Authority for a prescribed decision or process (s 51). It can be given after non-compliance with a progression notice or notice to decide, or at the applicant's request within 10 business days of a decision, or even after a decision is made (s 52).

Acquisition land: land in a reconstruction area declared by a declaration regulation to be subject to section 100 (s 43(4)). The owner must not dispose of it except to the relevant entity stated in the notice, and that entity must acquire it if the owner proposes to sell (s 100).

Authority's functions: set out in section 10 and include coordinating policies for risk assessment, flood risk management, recovery and resilience; deciding priorities for community infrastructure; collecting information; administering financial assistance; implementing board strategic priorities; facilitating mitigation measures including flood warning gauges; and advising the Minister on inquiry recommendations.

Board functions: setting strategic priorities for the Authority, making recommendations about priorities and declarations, and ensuring the Authority performs functions appropriately (s 29).

Chief executive officer functions: ensuring the Authority's effective and efficient performance, undertaking investigations and plans directed by the Minister or considered necessary, and making recommendations to the Minister (s 18). The CEO may exercise the powers of the Authority (s 18(3)).

The Act directly affects the Queensland Reconstruction Authority, its chief executive officer, and its staff (ss 7, 13, 14, 26). The CEO is appointed by the Governor in Council and is employed under the Act, not the Public Sector Act 2022 (ss 14, 16). The Authority's staff are employed under the Public Sector Act 2022 unless appointed by the CEO under section 24 (s 26). Alternative staffing arrangements allow secondments from departments, local governments and government owned corporations (s 27).

The Queensland Reconstruction Board is composed of a chairperson, two Commonwealth nominees, one nominee of the Local Government Association of Queensland Ltd, and at least three other members with expertise in engineering, finance, planning or another appropriate field (s 30). All members are appointed by the Governor in Council and can be removed at any time (ss 30(2), 33(2)). Board members must disclose conflicts of interest (s 40).

Local governments are significantly affected. The Minister must have regard to a local government's land-use responsibilities before declaring a declared project or reconstruction area (ss 42(4), 43(3)). Local governments can request declarations (ss 42(5), 43(8)). A local government may be named as the entity required to acquire acquisition land (s 43(6)). The Authority's functions are subject to local government functions under the City of Brisbane Act 2010 and Local Government Act 2009, but the performance of those functions is subject to the Authority's functions (s 46). The Minister may direct a local government to take action about local planning instruments, and if the local government fails to comply, the Minister may take the action itself and recover costs (ss 112-113).

Decision-makers under other laws are affected by progression notices, notices to decide and step-in notices. These include assessment managers and referral agencies under the Planning Act (s 47). The Act creates obligations to undertake processes within stated periods, provide assistance, and comply with the Authority's decisions. Appeals against the Authority's decisions under a step-in notice are prohibited (s 56).

Applicants for development approvals and change applications in declared projects or reconstruction areas are affected by the step-in process. They can request a step-in notice within 10 business days of a decision (s 52(2)(b)). They may be required to pay the reasonable cost of advice or services obtained by the Authority (s 59). They must comply with information requests under section 128.

Owners of acquisition land are directly affected by restrictions on disposal. They cannot dispose of the land other than to the relevant entity, and if they propose to sell, that entity must acquire the land (s 100). The authority must give owners a notice explaining the effect (s 44). Contravention attracts a penalty of 165 penalty units, though a transaction in contravention is not invalid (s 100).

The Minister administers the Act, gives directions to the Authority (s 12), makes declarations, and can amend development approvals in reconstruction areas (s 92). The Governor in Council appoints the CEO and board members, can remove them at any time, and makes regulations approving development schemes.

The Planning and Environment Court can make declarations about matters done under the Act and the lawfulness of land use or development for declared projects or in reconstruction areas (s 95). The Judicial Review Act 1991 is excluded for certain decisions relating to critical infrastructure projects (s 61).

The Act also binds the Commonwealth and other States to the extent of legislative power (s 4), affecting federal and interstate bodies. The registrar of titles must keep records of acquisition land declarations (s 44). Entities with a duty to cooperate with the Coordinator-General under the State Development Act also have a duty to cooperate with the Authority (s 126).

Duties of decision-makers under progression notices: on receiving a progression notice, the decision-maker must undertake the prescribed process within the stated period and inform the Authority of completion within five business days (s 49(3)). The Authority may extend the period without the decision-maker's agreement (s 49(4)). Before giving a progression notice, the Authority must have regard to the requirements of the relevant law (s 49(6)).

Duties of decision-makers under notices to decide: the decision-maker must make the prescribed decision within the stated period (at least 20 business days) and inform the Authority within five business days (s 50(4)). The Authority may extend the period (s 50(5)). For development applications, the notice to decide may only be given after the decision-making period starts (s 50(7)). Before giving a notice to decide, the Authority must have regard to any public notification requirements under the relevant law (s 50(8)).

Duties upon step-in notice: the decision-maker must give the Authority all reasonable assistance and materials, including all material held before the step-in notice was given and any received afterwards (s 53(1)). The Authority may require a written report containing an assessment or recommendations (s 53(2)). A local government that could have imposed an infrastructure condition may give a written recommendation, which the Authority must impose unless the Minister directs otherwise (ss 53(3)-(4), 55(3)).

Duty to cooperate: entities already subject to a duty to cooperate with the Coordinator-General under the State Development Act are also taken to be subject to a duty to cooperate with the Authority (s 126). The State Development Act section 13(2) applies with modifications (s 126(3)).

Duties of board members: members must disclose direct or indirect pecuniary or other interests that appear to raise a conflict (s 40). After disclosure, the member must not be present during deliberation or take part in decisions unless the board decides otherwise (s 40(3)). The board must keep a register of interests (s 40(2)). Contravention does not invalidate a decision, but the board must reconsider if it becomes aware of a contravention (s 40(5)-(6)).

Duty to act honestly: board members and officers must at all times act honestly in exercising powers and performing functions (s 115). Maximum penalty 200 penalty units.

Duty of confidentiality: information obtained in the administration of the Act must not be disclosed unless with agreement, for administration, in legal proceedings, under the Crime and Corruption Act 2001 or Ombudsman Act 2001, or with other lawful excuse (s 116). Maximum penalty 100 penalty units.

Duties not to give false or misleading information or documents: a person must not state anything false or misleading in a material particular (s 117, 200 penalty units). A person must not give a document containing information known to be false, misleading or incomplete in a material particular (s 118, 200 penalty units). For both, it is enough to state that the statement or document was false or misleading to the person's knowledge (ss 117(2), 118(2)).

Duty of landowner of acquisition land: the owner must not dispose of the acquisition land other than to the relevant entity stated in the notice (s 100(2)). If the owner gives the relevant entity a notice proposing to sell, the entity must acquire the land (s 100(3)). A transaction in contravention is not invalid, but the new owner is taken to have received the notice (s 100(4)).

Duty to comply with information requests: the Authority may ask a relevant entity or other person for information (other than personal information) reasonably required for its functions (s 127). The entity or person must comply. Maximum penalty 100 penalty units. The Authority may also ask applicants or other entities for information about prescribed decisions (s 128). The person must comply.

Rights of the Authority: the Authority has all the powers of an individual, including entering contracts, acquiring and disposing of property, appointing agents and engaging consultants (s 11). It may take land under the Acquisition of Land Act 1967 process for authorised works, implementing development schemes, carrying out reconstruction functions, or complying with acquisition obligations (s 99). It may create public utility easements without the land owner's signature (s 101). It may close roads in reconstruction areas (s 106) and vest land in itself (s 107). The Authority may make guidelines (s 135) and approve forms (s 137).

Rights of affected owners: an affected owner for a development scheme may ask the Minister to amend the submitted scheme to protect their interests within 20 business days of receiving notice (s 71(c), s 72). The Minister may amend the scheme, but only within 40 business days after it was given to the Minister (s 72(2)).

Protection for persons giving information: a person acting honestly who gives information under the Act is not civilly, criminally or administratively liable, and cannot be held to have breached professional standards (s 129). This overrides other laws prohibiting or restricting the giving of information (s 130(2)).

Protection of officials from liability: an official (Minister, board member, authorised person or officer) is not civilly liable for acts done or omissions made honestly and without negligence (s 133). Liability attaches to the State instead.

The Act creates several summary offences (s 124) with maximum penalties expressed in penalty units. As at the date of the Act, one penalty unit was $100 or $130 depending on the year; practitioners should check the current value under the Penalties and Sentences Act 1992.

Failure to comply with a general information request under section 127: maximum penalty 100 penalty units (s 127(2)). This applies to a relevant entity (government entity, GOC or local government) or other person asked to give information other than personal information. Note that information is not taken to be in a person's control merely because of an agreement with a third party to provide it (s 127(3)).

Improper disposal of acquisition land: an owner who disposes of acquisition land other than to the relevant entity faces a maximum penalty of 165 penalty units (s 100(2)). However, a transaction in contravention is not invalid; instead the new owner is taken to have been given the notice under section 44 (s 100(4)). This means the restriction continues to apply to the new owner.

False or misleading information: a person must not for the purposes of the Act state anything known to be false or misleading in a material particular (s 117). Maximum penalty 200 penalty units. A complaint need only state the statement was false or misleading to the person's knowledge (s 117(2)).

False or misleading documents: a person must not give the Authority a document containing information known to be false, misleading or incomplete in a material particular (s 118). Maximum penalty 200 penalty units. Again, the complaint need only state the document was false, misleading or incomplete to the person's knowledge (s 118(2)).

Obstructing an authorised person: it is an offence to obstruct an authorised person exercising a power under the Act, unless the person has a reasonable excuse (s 119). Maximum penalty 100 penalty units. 'Obstruct' includes hinder and attempt to obstruct or hinder (s 119(2)).

Breach of duty to act honestly: a board member or officer who does not act honestly faces maximum penalty 200 penalty units (s 115).

Unauthorised disclosure of information: a person who discloses information obtained in the administration of the Act without authorisation faces maximum penalty 100 penalty units (s 116). Authorised disclosures include those with the information-giver's agreement, for administration of the Act, in legal proceedings, under the Crime and Corruption Act or Ombudsman Act, or with another lawful excuse (s 116(a)-(e)).

Regulation-making power: regulations may impose a penalty of no more than 20 penalty units for contravention of a regulation (s 138(2)).

Enforcement of information requirements against decision-makers: although section 128 does not expressly provide a penalty, section 128(2) states the relevant person must comply with a request. The Act does not specify a penalty for non-compliance with that specific section, but general criminal responsibility may apply under other provisions. Practitioners should note that section 128 is cross-referenced with section 126 which creates a duty to cooperate, but section 128 itself does not contain a penalty.

Limitation on time for starting proceedings: a summary proceeding must start within the longer of one year after the commission of the offence or six months after the offence comes to the complainant's knowledge, but within two years after the commission (s 125). This is a relatively short limitation period compared to other offences.

Evidentiary aids: in proceedings, a certificate purporting to be from the CEO stating that a document is an appointment or notice under the Act is evidence of that matter (s 123). A statement in a complaint that the matter came to the complainant's knowledge on a stated day is evidence of when it came to knowledge (s 123(2)). Signatures of the chairperson or CEO are evidence of the signature they purport to be (s 122). Appointments and authority are presumed unless a party requires proof (s 121).

The Act binds all persons including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States (s 4). This means that Commonwealth and interstate government bodies are subject to the Act's provisions where constitutionally valid. However, nothing in the Act makes the State liable to be prosecuted for an offence (s 4(2)).

Part 5 (particular powers for declared projects and development in reconstruction areas) applies despite any other law (s 48). This gives the progression notice, notice to decide and step-in notice regimes overriding effect. However, the relevant law for a prescribed decision or process continues to apply subject to the modifications in Part 5 (ss 49(7), 50(9)).

The relationship with local government legislation is addressed in section 46. The declaration of a declared project or reconstruction area does not affect the operation of the City of Brisbane Act 2010 or the Local Government Act 2009, the area of the relevant local government, or its jurisdiction. However, the performance of the local government's functions under those Acts is subject to the Authority's functions and powers under this Act (s 46(2)).

The Planning Act 2016 does not bind the Authority or the CEO in relation to their functions or powers under this Act (s 110). This means the Authority can act outside the Planning Act's requirements when exercising its statutory powers. Development schemes made under this Act can suspend or affect the operation of a planning instrument, though they do not amend it (s 78(2)). Where a development scheme conflicts with a planning instrument or assessment benchmarks, the development scheme prevails (s 78(1)). The Act also modifies the application of the Planning Act in reconstruction areas: development categorised as assessable under the Planning Act may be made not assessable by a development scheme (s 64), and referral agencies may be excluded (s 64(3)-(4)). The assessment of development applications and change applications must have regard to the development scheme (ss 80-81).

The Judicial Review Act 1991 parts 3 and 5 (except section 41(1)) do not apply to decisions about declaring a critical infrastructure project, declaring a declared project if it is a critical infrastructure project, giving a progression notice, notice to decide or step-in notice for a critical infrastructure project, or the Authority's decision under section 55 for a critical infrastructure project (s 61). This substantially limits judicial review of those decisions, though section 41(1) of the Judicial Review Act (which deals with reasons for decisions) may still apply.

The State Development Act provisions are applied with modifications. Sections 110, 111(2)-(4) and 112 of that Act apply when a regulation directs the Authority to undertake works (s 96). Section 134 applies for transfer of authorised works (s 97). Section 140 applies for works on foreshore or under waters (s 98). Sections 130, 132 and 133 apply for the taking of land (s 104). Section 136 (entry to land) and section 139 (compensation) apply with modifications (s 105). Sections 154-156 apply for application of other laws (s 109).

The Acquisition of Land Act 1967 applies to land taken by the Authority under section 99, with modifications: the taking is treated as a taking by a constructing authority, the Authority is the constructing authority, and the relevant Minister is the Minister administering this Act (s 99(2)). However, the taking is not a taking under the Acquisition of Land Act itself (s 99(6)).

The Land Title Act 1994 applies for creating public utility easements, with the Authority's power including registration without the owner's signature (s 101). The Land Act 1994 applies for vesting of closed roads and unallocated State land, with no fee payable (s 107).

The Crime and Corruption Act 2001 applies because the Authority is a unit of public administration (s 9). The Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982 apply (s 9). The Public Sector Act 2022 applies to staff employed under section 26, but not to the CEO (s 16) or persons appointed under section 24 (s 24(4)). Part 2B of the Statutory Bodies Financial Arrangements Act 1982 explains how that Act affects the Authority's powers (s 9(2)).

The Statutory Instruments Act 1992 applies to development schemes (s 62(2)) and the tabling of regulations and development schemes (s 77).

The Planning and Environment Court has jurisdiction to make declarations about matters done under this Act and the lawfulness of land use or development for declared projects or in reconstruction areas (s 95). No other court is specifically mentioned for enforcement.

The duty to cooperate under the State Development Act section 13 is extended to the Authority (s 126). Other laws that would prohibit or restrict the giving of information to the Authority are overridden (s 130).

The Act has been amended multiple times since its enactment in 2011.

2013 No 1 amended sections 2, 3, 6 (omitted), and 10 (Sch 1). The amendments refined the main purpose and functions, including the reference to resilience.

2013 No 23 (Sch 1 pt 1) amended section 99, relating to the Authority's power to take land, to correct cross-references.

2014 No 21 (Sch 2) amended sections 9 and 116, updating references to the Crime and Corruption Act 2001.

2015 No 6 omitted section 139 (previous transitional provision).

2016 No 27 (Planning (Consequential) and Other Legislation Amendment Act 2016) made significant amendments. It amended the definition of decision-maker in section 47, prescribed process in section 47, and sections 49, 50, 53, 55-58. It substituted sections 80-82 and inserted new sections 80-82, and omitted sections 83-88, 94. It amended sections 89, 91, 92, 93 (substituted), 95, 110-112, 114, and inserted new Part 11 (transitional provisions for the amending Act) and sections 139-141. This amendment was substantial because it aligned the Act with the replacement of the Sustainable Planning Act 2009 by the Planning Act 2016. It also changed referral agency roles and removed compliance assessment processes.

2019 No 11 amended sections 2, 3, 10, 17, 30, 31, 35, 38, 41, 42, 43, 51, 63, 81, 92, 96, 98, 99, and omitted section 131. The amendments refined functions, updated references, and made minor procedural changes to board meetings and reporting.

2022 No 34 (Sch 3) amended sections 16, 24, 26, and 132 to replace references to the repealed Public Service Act 2008 with the Public Sector Act 2022, consequential on the enactment of that Act.

2023 No 23 (Sch 1) amended sections 21 and 33 to update the definition of 'insolvent under administration' following amendments to the Bankruptcy Act.

2024 No 22 amended sections 10, 24, 27, 36, 132, and the schedule (as noted in the source). Section 36 was substituted to change the quorum requirement from a majority of members to a majority of board members for the time being (the precise new wording can be checked in the amendment). Section 24 and 27 had minor updates. Section 10 added the function of facilitating mitigating against potential disasters and providing advice on inquiry recommendations. The schedule dictionary was also amended.

These amendments show the Act has evolved primarily to reflect changes in related Queensland legislation (Planning Act, Public Sector Act) and to expand the Authority's functions, particularly around mitigation and resilience. No amendment has removed the core structure of the Authority, board, declarations, development schemes, or step-in powers.

The Act itself provides specific mechanisms for judicial proceedings but does not name any cases. Section 95 gives the Authority standing to bring a proceeding in the Planning and Environment Court for a declaration about a matter 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. The court may make a declaration or an order about the declaration (s 95(2)).

The Act significantly limits judicial review. The Judicial Review Act 1991, parts 3 and 5 (except section 41(1) which deals with reasons for decisions), do not apply to decisions about declaring a critical infrastructure project, declaring a declared project if it is a critical infrastructure project, giving a progression notice, notice to decide or step-in notice for a critical infrastructure project, or the Authority's decision under section 55 for a critical infrastructure project (s 61). Part 3 deals with statutory orders of review and part 5 deals with prerogative orders and injunctions (s 61, note). This means decisions concerning critical infrastructure projects are largely insulated from judicial review, though the requirement to give reasons under section 41(1) of the Judicial Review Act may still apply.

Furthermore, the Authority's decision under section 55 about a prescribed decision or process (including a decision to impose a condition) is taken to be a decision of the original decision-maker but a person may not appeal against the Authority's decision under this Act or the relevant law (s 56(1)(a)). This creates a statutory bar on appeals against step-in decisions. The decision takes effect when notice is given to the applicant and original decision-maker (s 56(1)(b)).

The Act also provides that if an appeal was made or started in relation to the prescribed decision or process under the relevant law, the appeal is of no further effect once the step-in notice is given (s 54(1)(e)). This means existing appeal rights are extinguished by the Authority's intervention.

These provisions suggest that litigation against the Authority's decisions in its step-in capacity is extremely limited. The primary avenue for judicial involvement appears to be declarations sought by the Authority itself under section 95, rather than challenges by affected parties. No other court is expressly granted jurisdiction, though general judicial review of non-critical infrastructure decisions may be available under the Judicial Review Act 1991 (subject to the limitations of the Act).

The evidentiary aids in sections 121-123 facilitate proof in proceedings by creating presumptions about appointments, authority, signatures and documents. The limitation period for summary offences under the Act is relatively short (s 125), which may affect the viability of prosecutions.

Step-in notice timing trap: a step-in notice for a prescribed decision can be given at any time after the decision is made until 10 business days after an appeal is started or the appeal period expires (s 52(3)). This means even if a decision-maker has made a decision that is favourable to an applicant, the Authority can still step in and override it later. Applicants and decision-makers cannot assume that a final decision is safe from Authority intervention.

No appeal from step-in decisions: the Authority's decision under section 55 is deemed to be a decision of the original decision-maker but a person may not appeal against it under this Act or the relevant law (s 56(1)(a)). This creates a complete bar on merits review and likely judicial review for non-critical infrastructure projects as well, given the wording. The only potential challenge is if the Authority exceeded its jurisdiction under the Act, but the Act's broad empowering provisions make that difficult.

Acquisition land restrictions bite immediately: once a declaration regulation includes acquisition land, the owner must not dispose of it other than to the relevant entity, even before the authority gives notice under section 44 (s 100). The notice must be given 'as soon as practicable' but there is no grace period. A transaction in contravention is not invalid, but the new owner is taken to have been given the notice (s 100(4)), meaning the restriction continues to apply to them.

Development schemes can suspend planning instruments without amendment: section 78(2) states a development scheme may suspend or otherwise affect the operation of a planning instrument, but does not amend it. This means that the planning instrument remains on foot but is overridden. When the development scheme ceases or is revoked, the planning instrument may revive. This creates uncertainty for long-term planning.

Minister can amend development approvals in reconstruction areas: the Minister may, by notice to the assessment manager and approval holder, amend an existing development approval if satisfied the amendment is necessary for a reconstruction function (s 92). This applies despite the protections for lawful uses and lawful constructions in sections 89-91 (s 92(5)). This is a powerful override that can affect vested rights.

No consultation required before progression or notice to decide: the Authority is not required to consult with anyone before giving a progression notice or notice to decide (s 60). Decision-makers may receive these notices without prior warning and must comply within potentially short timeframes. The notice to decide period must be at least 20 business days, but that can still be tight for complex decisions.

CEO can be removed at any time for any reason or none: the Governor in Council may at any time remove the CEO from office for any reason or none (s 21(2)). Similarly, board members can be removed at any time for any reason or none (s 33(2)). This provides limited security of tenure.

Board members cannot be employed by or contract with the Authority: the office of a board member becomes vacant if the member becomes employed by or becomes a contractor of the Authority (s 33(1)(f)). This prevents conflicts but also limits the pool of potential members who have deep institutional knowledge.

The State is not liable for prosecution: nothing in the Act makes the State liable to be prosecuted for an offence (s 4(2)). This means that even though the Act binds the State, criminal enforcement against the State itself is not possible. The protection for officials (s 133) provides civil immunity but not criminal immunity for officials individually.

Short limitation period for offences: summary proceedings must start within one year of the offence or six months after it comes to the complainant's knowledge but within two years of the commission (s 125). This is shorter than many other Queensland Acts and requires swift enforcement action.

Regulations can impose penalties: the regulation-making power allows penalties of up to 20 penalty units (s 138(2)). Practitioners should check the current penalty unit value, which is indexed. The power to create offences by regulation means the Act's full regulatory scope may extend beyond what appears in the primary legislation.

Local governments affected by a proposed declared project or reconstruction area should engage early with the Minister and Authority. Before making a declaration, the Minister must have regard to the local government's responsibilities for land use and development approvals (ss 42(4), 43(3)). Local governments can request a declaration (ss 42(5), 43(8)). Once a declaration is made, local government functions under the City of Brisbane Act 2010 or Local Government Act 2009 are subject to the Authority's functions (s 46(2)), so local governments should coordinate with the Authority before exercising their powers in the area.

Decision-makers (such as assessment managers and referral agencies under the Planning Act) should be prepared to receive progression notices and notices to decide. Upon receiving a progression notice, the decision-maker must undertake the prescribed process within the stated period and inform the Authority of completion within five business days (s 49(3)). If the Authority extends the period, the new period applies (s 49(5)). Compliance with the relevant law continues (s 49(7)). For a notice to decide, the decision-maker must make the decision within at least 20 business days (or a lesser period if the relevant law provides a shorter one) and inform the Authority within five business days (s 50). The Authority may extend the period (s 50(5)). If the decision relates to a development application, the notice to decide can only be given after the decision-making period starts (s 50(7)). Decision-makers should maintain efficient internal processes to meet these deadlines.

If a step-in notice is issued, the decision-maker must immediately provide all materials and assistance the Authority requires (s 53(1)). This includes material held before the notice and any received afterwards. The Authority may also require a written report assessing matters or containing recommendations (s 53(2)). A local government that could have imposed an infrastructure condition should give a written recommendation to the Authority before the Authority makes its decision under section 55 (s 53(4)). The Authority must impose that condition unless the Minister directs otherwise (s 55(3)). Decision-makers should note that the Authority's decision is final and cannot be appealed (s 56(1)(a)).

Applicants for development approvals or change applications in declared projects or reconstruction areas can request a step-in notice within 10 business days after being notified of a decision (s 52(2)(b)). If the Authority steps in, the applicant may be required to pay the reasonable cost of advice or services obtained by the Authority (s 59). Applicants should be aware that any existing appeal rights are extinguished (s 54(1)(e)). The Authority's decision takes effect when notice is given (s 56(1)(b)). Applicants must also comply with information requests under section 128.

Owners of acquisition land must not dispose of the land except to the relevant entity stated in the notice under section 44 (s 100(2)). If the owner wants to sell, they must give notice to the relevant entity, which must then acquire the land (s 100(3)). The acquisition will be under the Acquisition of Land Act 1967 (if the entity is a local government) or under section 99 of this Act (if the Authority). If the owner disposes to someone else, the transaction is not invalid but the new owner is taken to have received the notice (s 100(4)), so the restriction continues to apply. The authority must give notice to the owner and the registrar of titles as soon as practicable after the land is declared acquisition land (s 44). The owner should check the notice for the name of the relevant entity.

The Authority must follow detailed procedures for making development schemes. Before preparing a proposed scheme, the Authority must consult with the relevant local government and make reasonable endeavours to consult with government entities, GOCs, persons or entities likely to be affected (s 65). After preparation, the Authority must publish the proposed scheme on its website, give gazette and newspaper notice, and invite submissions within at least 30 business days (ss 66-67). The Authority must consider submissions, may amend the scheme, and if the amendment is significant, must re-do the public notification (ss 68-69). The Authority must then submit the scheme to the Minister with a report summarising submissions and merits (s 70). Submitters who are affected owners may ask the Minister to amend the scheme to protect their interests within 20 business days after receiving notice (s 71(c), s 72). The Minister may amend within 40 business days after the scheme was submitted (s 72(2)). The scheme does not take effect until approved by regulation (s 74).

Board members must comply with the conflict of interest provisions in section 40. A member who has a direct or indirect pecuniary or other interest in a matter being considered must disclose the nature of the interest at a board meeting as soon as possible. The board must record particulars in a register of interests. After disclosure, the member must not be present during deliberation or take part in the decision unless the board decides otherwise (s 40(3)). If the board decides to allow participation, the interested member cannot vote on that decision (s 40(4)). The board must meet at least eight times each year (s 35(2)). The board must give the Minister quarterly reports about the Authority's performance (s 41(1)), and the chairperson must immediately report any matter that may adversely affect the Authority's ability to perform its functions (s 41(4)). The Authority must keep these reports on its website (s 41(3)).

The CEO must not engage in paid employment outside the CEO's duties or actively take part in business activities without board approval (s 19). The CEO may delegate functions to appropriately qualified persons (s 132). The CEO should ensure that any person appointed under section 24 is consulted with the Public Sector Commissioner (s 24(3)).

All persons providing information to the Authority should ensure it is not false or misleading in a material particular, as serious penalties apply (ss 117-118). However, persons giving information honestly are protected from civil, criminal and administrative liability and from claims of breaching professional ethics (s 129). This protection applies whether the information is given under the information-gathering provisions or otherwise under the Act (s 129(1)). The protection overrides other laws prohibiting or restricting the giving of information (s 130(2)).