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Queensland Department of Local Government and Planning

Queensland Department of Local Government and Planning I NTEGRATED PLANNING AND OTHER LEGISLATION ACT 200 3 – IDAS Amendments. IPOLA A. Integrated Planning and Other Legislation Amendment Act 200 3 Introduced into Parliament – June 2003 Debated 9 and 14 October 2003

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Queensland Department of Local Government and Planning

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  1. Queensland Department of Local Government and Planning INTEGRATED PLANNING AND OTHER LEGISLATIONACT 2003 – IDAS Amendments

  2. 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.

  3. Preliminary Approvals – Section 3.1.6 • 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

  4. Preliminary Approvals – Section 3.1.6 • 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 3.4.2 - public notification regardless of assessment category, and where notification is not necessary for later stages

  5. Preliminary Approvals – Section 3.1.6 (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

  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

  7. Other IDAS Changes (Cont’d) • S3.1.8 – clarification of concurrence agency roles: • Jurisdiction for aspect triggering referral • Same “natural person” counts as one agency • S3.1.11 – Native Title Act (Comm) – IDAS stops in some cases. • S3.2.1 - • 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 • S3.2.11 – withdrawing an application – recipients of withdrawal notice expanded

  8. Other IDAS Changes (Cont’d) • S3.2.12 – 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 • S3.3.18 – Changes to concurrence agency rules for designators to reflect the changes to code assessment in section 3.5.13 • S3.3.19 – Advice agency powers reworded for consistency with assessment manager rules in section 3.5.11

  9. 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 • S3.5.11 – (Decision Generally) – Clarifies range of options open to assessment manager, and relationship with Concurrence agency responses • S3.5.13 – New code assessment rules

  10. Other IDAS Changes (Cont’d) • S3.2.15 – Applicants given names of submitters in decision notice • S3.5.19 – When approval takes effect – Submitters may forego right of appeal • S3.5.31A – Compliance assessment – For conditions only • S3.5.37 – Covenants under infrastructure agreements • S 3.7.4 – Payment of outstanding rates and charges for subdivision plans for exempt development

  11. 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

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