Queensland Department of Local Government and Planning INTEGRATED PLANNING AND OTHER LEGISLATION ACT 2003 – IDAS Amendments

IPOLAA Integrated Planning and Other Legislation Amendment Act 2003 Introduced into Parliament – June 2003 Debated 9 and 14 October 2003 Parts Commenced 16 October 2004 Regulations currently being finalised.

Preliminary Approvals – Section Existing deficiencies: –Difficulty dealing with development at a conceptual level – assessment category and notification requirements may be unclear –Difficulty dealing with “layered” and/or staged approvals (limitation of impact assessment) –Inadequate oversight for several major proposals in smaller LGA’s

Preliminary Approvals – Section Package of reforms: –S3.1.5 – reference to “assessable” removed –Significant changes to s3.1.6 to broaden the range of development to which it applies – distinction between MCU and other types of development –Changes to section public notification regardless of assessment category, and where notification is not necessary for later stages

Preliminary Approvals – Section (Cont’d) –Referral coordination now required for all s3.1.6 applications (s3.3.5(1)(c)) –New assessment and decision rules (s3.5.5A and s3.5.14A) for scheme modifying component of application –s3.1.6 approvals to be recorded on planning scheme (s3.5.27) –Ministerial direction powers expanded to include scheme modifications under s3.1.6

Other IDAS Changes S3.1.2 and Schedule 9 – exempt development for planning schemes clarified S3.1.7 and Schedule 8A –New arrangements for identifying assessment managers –Role of assessment manager more clearly described (integration vs coordination) –Tidal works jurisdiction for local government S3.1.7A – Minister can nominate concurrence agencies in some cases

S3.1.8 – clarification of concurrence agency roles: –Jurisdiction for aspect triggering referral –Same “natural person” counts as one agency S – Native Title Act (Comm) – IDAS stops in some cases. S –No owner’s consent for most op works –“Resource manager’s consent” arrangements S3.2.8 – Public scrutiny of applications – role of supporting information clarified S – withdrawing an application – recipients of withdrawal notice expanded Other IDAS Changes (Cont’d)

S – Time for responding to an information request reduced to 3 Months for application in response to an enforcement notice S3.3.5 – “mainstreaming” of referral coordination requirements (formerly transitional arrangements under S6.1.35C S – Changes to concurrence agency rules for designators to reflect the changes to code assessment in section S – Advice agency powers reworded for consistency with assessment manager rules in section

Other IDAS Changes (Cont’d) S3.4.5 – Clarification of public notification requirements over Christmas period S3.5.3A – Distinguishes “integrated” and “coordinated” parts of an application – Assessment manager not to assess coordinated part S3.5.4 – introduces SPPs as a consideration in code assessment S – (Decision Generally) – Clarifies range of options open to assessment manager, and relationship with Concurrence agency responses S – New code assessment rules

S – Applicants given names of submitters in decision notice S – When approval takes effect – Submitters may forego right of appeal S3.5.31A – Compliance assessment – For conditions only S – Covenants under infrastructure agreements S – Payment of outstanding rates and charges for subdivision plans for exempt development Other IDAS Changes (Cont’d)

Commencement Arrangements Substantial number of “Tidy ups” commenced 16 October 2003 – These amendments don’t require the support of regulations/guidelines Designation arrangements – Pt 2 Div 2 – awaiting finalisation of guidelines under S5.8.8 and training, mainly for State agencies Infrastructure – Pt 2 Div 3 – awaiting finalisation of guidelines for PIP’s and ICS’s IDAS changes - Pt 2 Div 4 – Awaiting finalisation of IP Regulation amendments – possibility of linking with EPLA commencement Commencement may be staggered