Queensland Consolidated Acts

INTEGRATED PLANNING ACT 1997 - SCHEDULE 1A

(1) The local government must carry out the master planning required to make a structure plan for a declared master planned area.

(2) A participating agency must, within the limits of the laws it administers and the policies that are reasonably identifiable as policies it applies, participate in the master planning carried out by the local government to make a structure plan for a declared master planned area.

(3) The coordinating agency must coordinate the involvement of the participating agencies in the master planning process required to make a structure plan for a declared master planned area.

(4) The local government and the coordinating agency must agree on the proposed structure plan.

(5) If the local government, a participating agency or the coordinating agency can not agree on a matter mentioned in subsections (1) to (4), the Minister must--

(a) establish a committee to prepare a report on the matter and having considered the report, decide the matter; or

(b) having considered the written views of the parties, decide the matter.

(1) If the local government and the coordinating agency have agreed on the proposed structure plan, the local government must propose an amendment of its planning scheme to include the proposed structure plan.

(2) If the local government has proposed an amendment of its planning scheme to include the proposed structure plan under subsection (1), the local government must give the Minister a copy of the proposed amendment to its planning scheme including the proposed structure plan (the structure plan amendment).

(1) On receiving the copy of the structure plan amendment, under section 2(2), the Minister must consider whether or not State interests would be adversely affected by the proposed structure plan amendment.

(2) The Minister must advise the local government, having regard to the Minister's consideration under subsection (1), that it may start consultation on the proposed structure plan amendment on conditions the Minister believes appropriate.

(3) Before starting consultation on the proposed structure plan amendment, the local government must comply with any condition imposed by the Minister under subsection (2).

If the Minister advises the local government that it may start consultation on the proposed structure plan amendment under section 3(2)--

(a) the local government must start consultation with the significant landowners and stakeholders of the relevant master planned area for the proposed structure plan amendment; and

(b) the local government may prepare and negotiate a local infrastructure agreement with the significant landowners and stakeholders of the relevant master planned area; and

(c) the coordinating agency may prepare and negotiate a State infrastructure agreement with the significant landowners and stakeholders of the relevant master planned area.

(1) If the parties can not agree on the matters mentioned in section 4, the Minister must--

(a) establish a committee to prepare a report on the matters or obtain the written views of the parties; and

(b) having considered the written report or views of the parties, decide--

(i) whether to extend the period during which consultation must take place; or

(ii) that the consultation process ends and that the local government, participating agencies and the coordinating agency must re-start the master planning process; or

(iii) that the structure plan preparation process ends and that the declaration for the master planned area be repealed.

(2) The Minister's decision must not be contrary to any relevant law.

(1) Following consultation on the proposed structure plan amendment under section 4--

(a) the local government must decide whether to--

(i) proceed with the proposed structure plan amendment and any local infrastructure agreement; or

(ii) decide not to proceed with the proposed structure plan amendment and any local infrastructure agreement; and

(b) the coordinating agency must decide whether to--

(i) proceed with the proposed structure plan amendment and any State infrastructure agreement; or

(ii) decide not to proceed with the proposed structure plan amendment and any State infrastructure agreement.

(2) If the local government and the coordinating agency decide to proceed with the proposed structure plan amendment and any local infrastructure agreement and any State infrastructure agreement, the local government must give the Minister a copy of the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement.

(1) On receiving a copy of the proposed structure plan amendment under section 6(2), the Minister must consider whether or not State interests would be adversely affected by the proposed structure plan amendment, any local infrastructure agreement or any State infrastructure agreement.

(2) The Minister must advise the local government, having regard to the Minister's consideration under subsection (1) that it may notify the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement on the conditions the Minister believes appropriate.

(3) Before giving notice of the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement, the local government must comply with any condition imposed by the Minister under subsection (2).

(1) If the Minister advises the local government that it may give notice of the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement under section 7(2), the local government must publish, at least once in a newspaper circulating in the local government's area, a notice stating the following--

(a) the name of the local government;

(b) the purpose and general effect of the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement;

(c) a description of the land or area to which the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement is intended to apply;

(d) a contact telephone number for information about the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement;

(e) that the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement are available for inspection and purchase;

(f) that written submissions about any aspect of the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement may be made to the local government by any person;

(g) the period (the consultation period) during which the submissions may be made;

(h) the requirements for making a properly made submission under this part.

(2) The consultation period must extend for at least 30 business days after the first publication of the notice under subsection (1).

(3) For all of the consultation period, the local government must display a copy of the notice in a conspicuous place in the local government's public office.

For all of the consultation period, the local government must have a copy of the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement available for inspection and purchase.

The local government must consider properly made submissions about the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement.

Sections 8, 9 and 10 state the minimum requirements for notification to the public about the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement, but are not intended to prevent additional notification.

(1) This section applies if the local government receives properly made submissions about the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement and proceeds under section 13(1)(a) or the local government does not proceed under section 13(1)(b).

(2) The local government must prepare a report explaining in general terms how it has dealt with the submissions received and give to the principal submitter of each properly made submission--

(a) a copy of the report; or

(b) a copy of the part of the report relating to the matter about which the submission was made.

(1) Following notice of the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement under section 7--

(a) the local government must decide whether to--

(i) proceed with the proposed structure plan amendment, any local infrastructure agreement and a report under section 12 about submissions on the proposed amendment (a submissions report); or

(ii) decide not to proceed with the proposed structure plan amendment, any local infrastructure agreement and a submissions report; and

(b) the coordinating agency must decide whether to--

(i) proceed with the proposed structure plan amendment and any State infrastructure agreement; or

(ii) decide not to proceed with the proposed structure plan amendment and any State infrastructure agreement.

(2) If the local government and the coordinating agency decide to proceed as mentioned in subsection (1)(a)(i) and (b)(i), the local government must give the Minister a copy of--

(a) the proposed structure plan amendment; and

(b) any local infrastructure agreement; and

(c) any State infrastructure agreement; and

(d) the submissions report.

(1) On receiving the copy of the proposed structure plan amendment under section 13(2), the Minister must consider whether or not State interests would be adversely affected by the proposed structure plan amendment, any local infrastructure agreement and any State infrastructure agreement.

(2) The Minister must advise the local government, having regard to the Minister's consideration under subsection (1) that it may--

(a) adopt the proposed structure plan amendment; or

(b) adopt the proposed structure plan amendment, but subject to compliance with conditions the Minister believes appropriate.

(3) Subsection (4) applies if the Minister--

(a) advises the local government under subsection (2); and

(b) is satisfied the following are appropriately reflected in the proposed structure plan amendment--

(i) State planning policies or parts of State planning policies;

(ii) for a proposed structure plan amendment by a local government in the SEQ region--the regional plan for the SEQ region.

(4) The Minister must also advise the local government that the Minister is satisfied under subsection (3)(b).

(5) Before adopting the proposed structure plan amendment, the local government must--

(a) comply with any condition imposed under subsection (2)(b); and

(b) state in the proposed structure plan amendment details of the advice given by the Minister under subsection (4).

(1) If a local government proposes a structure plan amendment under section 2, the local government must--

(a) if it has complied with all of the provisions of parts 2 and 3 that it must comply with to make a proposed structure plan amendment and has the Minister's advice under section 14(2) that it may adopt the amendment--adopt the proposed structure plan amendment; or

(b) decide not to proceed with the proposed structure plan amendment.

(2) If the local government decides not to proceed with the proposed structure plan amendment, it must, as soon as practicable after making the decision publish, at least once in both a newspaper circulating in the local government's area and in the gazette, a notice stating--

(a) the name of the local government; and

(b) that the local government has decided not to proceed with the proposed structure plan amendment; and

(c) the reasons for the decision.

(3) On the last day the local government publishes the notice, or as soon as practicable after that day, the local government must give the chief executive a copy of the notice.

As soon as practicable after the proposed structure plan amendment has been adopted, the local government must publish, at least once in both a newspaper circulating in the local government's area and in the gazette, a notice stating the following--

(a) the name of the local government;

(b) when the proposed structure plan amendment was adopted;

(c) the purpose and general effect of the proposed structure plan amendment;

(d) that a copy of the proposed structure plan amendment is available for inspection and purchase.

On the day the local government publishes the notice, or as soon as practicable after that day, the local government must give the chief executive--

(a) a copy of the notice; and

(b) 5 certified copies of the proposed structure plan amendment in the form mentioned in section 5.9.9(1)(d).