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Amendments to the Integrated Planning Act 1997

Posted on Friday, March 23, 2007 at 09:47AM by Registered Commenterstevem | CommentsPost a Comment
Amendments to the Integrated Planning Act 1997 as introduced in State Parliament on the 14th March under COMMUNITY AMBULANCE COVER AND OTHER ACTS AMENDMENT BILL 2007


 
Community Ambulance Cover and Other Acts Amendment Bill
Introduced by: Deputy Premier, Treasurer and Minister for Infrastructure (Ms Bligh)
Date: 14 March 2007
General Outline


Policy Objectives

To amend the Community Ambulance Cover Act 2003 to ensure appropriate imposition of the Community Ambulance Cover levy on commencement of full retail competition (FRC) in the energy industry.

To amend the Electricity Act 1994 and Electricity and Other Legislation Amendment Act 2006 to make minor and technical legislative corrections and cease development of a retailer of last resort (ROLR) scheme for the Queensland gas market.

To amend the Breakwater Island Casino Agreement Act 1984 in relation to land tenure arrangements.

To amend the Lotteries Act 1997 to clarify and strengthen the provisions relating to the payment of prizes.

To amend the State Financial Institutions and Metway Merger Facilitation Act 1996 to accommodate the Merger Implementation Agreement between Suncorp-Metway and Promina.

To amend the Integrated Planning Act 1997 to provide Queensland Water Infrastructure Pty Ltd with exemptions for reconfigurations for part-takes of land acquired by agreement from landowners for those projects which that company is directed to undertake under either the Water Act 2000 or the State Development and Public Works Organisation Act 1971.

Reasons for the Bill

Under the Community Ambulance Cover Act 2003, the Community Ambulance Cover levy (the levy) is collected by electricity retailers as agents for the Commissioner of State Revenue. Electricity accounts issued by electricity retailers to their customers include a statement of levy liability for each electricity sale arrangement to which the account relates.

The Electricity and Other Legislation Amendment Act 2006 …..etc……..

The Breakwater Island Casino Agreement Act 1984 …….etc……………

The Lotteries Act 1997 ……….etc………………..

The State Financial Institutions and Metway Merger Facilitation Act 1996……etc……

The Integrated Planning Act 1997 will be amended to facilitate voluntary agreement for part-takes of land by Queensland Water Infrastructure Pty Ltd (QWI) for those projects which that company is directed to undertake under either the Water Act 2000 or the State Development and Public Works Organisation Act 1971.

Part 8 Amendment of Integrated Planning Act 1997

Clause 58 Act amended in pt 8
-This part amends the Integrated Planning Act 1997.

Clause 59 Amendment of s 3.7.8 (When pt7 does not apply)
-Section 3.7.8(1)—
insert—
‘(e) the acquisition of land for a water infrastructure facility.’.


Clause 60 Amendment of sch 8 (Assessable development and self-assessable development)
-Schedule 8, part 1, table 3, item 1, column 2—
insert—
‘(j) is in relation to the acquisition of land for a water infrastructure facility.’.

Clause 61 Amendment of sch 9 (Development that is exempt from assessment against a planning scheme)
Schedule 9, table 3, item 2, column 2—
insert—
‘(i) is in relation to the acquisition of land for a water infrastructure facility.’.

Clause 62 Amendment of sch 10 (Dictionary)
Schedule 10—
insert—

‘water infrastructure facility’ means a measure, outcome, works or anything else that Queensland Water Infrastructure
Pty Ltd (ACN 119 634 427) is directed to carry out or achieve under—
(a) the State Development and Public Works Organisation
Act 1971; or
(b) the Water Act 2000.’.


Amendment effectively allows QWI to enforce the below under the Water Act 2000:-


Part 7 Catchment areas

258 Declaring catchment areas

For preserving the quality of water, a regulation may declare an area to be a catchment area.


259 Regulating land use in catchment area

(1) The regulation may regulate—

(a) the use of land in the catchment area, or a part of the area, identified in the regulation; and
(b) the construction and use of buildings and structures on the land.

(2) To the extent that a planning scheme under the Integrated Planning Act 1997 or a local law is inconsistent with the
regulation, the planning scheme or local law is ineffective.

(3) To the extent that a development approval under the Integrated Planning Act 1997 is inconsistent with the regulation, the development approval is ineffective.

(4) The regulation does not affect a person’s power under this or another Act to take action to protect the quality of water in the catchment area.


Part 7 Plans of subdivision



pt 7
3.7.7 Local government approval subject to other Act

A requirement under this part for the local government to approve the plan has effect subject to any requirements of the
Act under which the plan is to be registered or otherwise recorded.


3.7.8 When pt 7 does not apply

(1) This part does not apply to a plan (however called) for the reconfiguration of a lot if the reconfiguration is in relation
to—

(a) the acquisition, including by agreement, under the Acquisition of Land Act 1967, of land by a constructing authority, as defined under that Act, or an authorised electricity entity, for a purpose set out in the schedule of that Act; or
(b) the acquisition by agreement, other than under the Acquisition of Land Act 1967, of land by a constructing authority, as defined under that Act, or an authorised electricity entity, for a purpose set out in the schedule of that Act; or
(c) land held by the State, or a statutory body representing the State, for a purpose set out in the Acquisition of Land
Act 1967, schedule, whether or not the land relates to an acquisition; or
(d) a lot comprising strategic port land as defined under the Transport Infrastructure Act 1994. insert CLAUSE 59 of Amendment here
(e) the acquisition of land for a water infrastructure facility

(2) Also, this part does not apply to a plan lodged under the Acquisition of Land Act 1967, section 12A,76 as a result of a
reconfiguration of a lot mentioned in subsection (1)(a).
(3) If, under subsection (1) or (2), this part does not apply to a plan, the Land Title Act 1994, sections 50(g) and (h) and
83(2)77 do not apply to the registration of the pl

Schedule 8 Assessable development and self-assessable development


Part 1 Assessable development


Under SCHEDULE 8

Table 3: Reconfiguring a lot Under the Land Title Act 1994a

1 Reconfiguring a lot under the Land Title Act 1994, unless the plan of subdivision necessary for the reconfiguration—

(a) is a building format plan of subdivision that does not subdivide land on or below the surface of the land; or
(b) is for the amalgamation of 2 or more lots; or
(c) is for the incorporation, under the Body Corporate and Community Management Act 1997, section 41,b of a lot with common property for a community titles scheme; or
(d) is for the conversion, under the Body Corporate and Community Management Act 1997, section 43,c of lessee common property within the meaning of that Act to a lot in a community titles scheme; or
(e) is in relation to the acquisition, including by agreement, under the Acquisition of Land Act 1967 or otherwise, of land by—
——-(i) a constructing authority, as defined under that Act, for a purpose set out in paragraph (a) of the schedule to that Act; or
——-(ii) an authorised electricity entity; or (f) is in relation to land held by the State, or a statutory body representing
the State and the land is being subdivided for a purpose set out in the Acquisition of Land Act 1967, schedule, paragraph (a) whether or not the land relates to an acquisition; or
(g) is for the reconfiguration of a lot comprising strategic port land as defined in the Transport Infrastructure Act 1994; or
(h) is for the reconfiguration of a South Bank lot within the corporation area under the South Bank Corporation Act 1989; or
(i) is for the Transport Infrastructure Act 1994, section 240. insert CLAUSE 60 of Amendment here
(j) the acquisition of land for a water infrastructure facility

Schedule 9 Development that is exempt from assessment against a planning scheme1



Under SCHEDULE 9

Table 3: Reconfiguring a lot

Under the Land Title Act 1994
2 Reconfiguring a lot under the Land Title Act 1994, if the plan of subdivision necessary for the reconfiguration—
(a) is a building format plan of subdivision that does not subdivide land on or below the surface of the land; or
(b) is for the amalgamation of 2 or more lots; or
(c) is for the incorporation, under the Body Corporate and Community Management Act 1997, section 41,a of a lot with common property for a community titles scheme; or
(d) is for the conversion, under the Body Corporate and Community Management Act 1997, section 43,b of lessee common property within the meaning of that Act to a lot in a community titles scheme; or
(e) is in relation to the acquisition, including by agreement, under the Acquisition of Land Act 1967 or otherwise, of land by—
(i) a constructing authority, as defined under that Act, for a purpose set out in paragraph (a) of the schedule to that Act; or
(ii) an authorised electricity entity; or
(f) is in relation to land held by the State, or a statutory body representing the State, and the land is being subdivided for a purpose set out in the Acquisition of Land Act 1967, schedule, paragraph (a), whether or not the land relates to an acquisition;
(g) is for the reconfiguration of a lot comprising strategic port land as defined under the Transport Infrastructure Act 1994;
(h) is for the Transport Infrastructure Act 1994, section 240. insert CLAUSE 61 of Amendment here
(i) the acquisition of land for a water infrastructure facility

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