On 8 April 2016, the Infrastructure, Planning and Natural Resources Committee (Committee) released its report on its inquiry into the Planning Bill 2015 (Qld) (Bill), Planning and Environment Court Bill 2015 (Qld), Planning (Consequential) and Other Legislation Amendment Bill 2015 (Qld) and the equivalent Private Member's Bills introduced by Tim Nicholls MP.
During the inquiry, the Committee considered written submissions on the Bills, held a public briefing and conducted public hearings across Queensland.
Unsurprisingly, the majority of the Committee recommended the Bill, Planning and Environment Court Bill 2015 (Qld), Planning (Consequential) and Other Legislation Amendment Bill 2015 (Qld) be passed and the Private Member's Bills not be passed.
The Committee's recommendations about the contents of the Bills are summarised below.
Heritage places
The Committee recommended the Queensland Heritage Act 1992 (Qld) not be amended to remove the obligations on the chief executive in assessing a development application for development on a State heritage place.
On 8 April 2016, the State Development Assessment Provisions (SDAP) were amended to specifically indicate the State Assessment and Referral Agency will obtain advice from the Queensland Heritage Council (via the Department of Environment and Heritage Protection) on development applications that will potentially destroy or substantially reduce the cultural heritage significance of a State heritage place before it provides a referral response or decides a development application.
The Committee was aware of the proposed amendment to the SDAP during the inquiry. Nevertheless, it was the view of the Queensland Heritage Council's role in the assessment of relevant development application should be specified in legislation.
Exemption certificates
Under the Bill, a local government may issue an exemption certificate. Exemption certificates are a new feature which will exempt development from the assessment process in particular circumstances, where the categorisation of the development is the result of an error, or solely due to circumstances that no longer apply, or the effects of the development would be minor or inconsequential.
The Committee recommended local governments and the chief executive be required to publish details of exemption certificates.
The Committee considered the exemption certificate process must be transparent. Even though the draft Planning Regulation 2015 (Qld) requires local governments to keep exemption certificates for inspection and purchase, the Committee recommended the details of exemption certificates also be published.
Chosen assessment managers
The submissions identified there is insufficient information in the Bill with respect to the chosen assessment manager process. The Committee recommended the Department address the issues raised by submitters, particularly with respect to the transparency of decision making and liability for decision making and consider any necessary amendments.
Publishing reasons for decision on development applications
Under clause 63 of the Bill, local governments and the chief executive are required to publish details of their decisions about particular development applications, including the reasons, on their websites. Local governments expressed concerns about the pressure the requirement would place on their limited resources. However, the Committee recognised the need for transparency and accountability in decision making. The Committee recommended the Department continue to consult local governments about the commencement and content of the notification requirements.
Infrastructure charging for schools
The Bill treats infrastructure charging for non-state schools and state schools inconsistently. The Committee recommended both state and non-state school providers be exempt from paying infrastructure charges where the development is undertaken through Ministerial designation.
Next steps
The Department will now consider the Committee's recommendations and respond to its requests for clarification on specific matters. It is expected there will be minor amendments to the Bills to reflect the Committee's recommendations before Parliament passes them. The Bills will likely commence in the second half of 2016.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
