Queensland: Economic Development Act 2012 (Qld)

Economic Development Act 2012 An Act about economic development and development for community purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Economic Development Act 2012. 2 Commencement This Act, other than the following provisions, commences on a day to be fixed by proclamation— (a) chapter 8, parts 1 to 4; (b) the following provisions of chapter 8, part 6— (i) sections 284, 285, 293, 295 to 299, 302, 306, 307, 311, 315, 316 and 318; (ii) section 319, to the extent it inserts section 192; (c) chapter 8, parts 7 and 8; (d) the following provisions of schedule 2— (i) amendment of the Disaster Management Act 2003; (ii) amendment of the Environmental Protection Act 1994; (iii) amendment of the State Development and Public Works Organisation Act 1971, amendments 1 to 8, 14 to 18 and 24 to 30. 3 Main purpose of Act (1) The main purpose of this Act is to facilitate the following in the State— (a) economic development; (b) development for community purposes; (c) the provision of diverse housing, including, for example, social housing and affordable housing; (d) the provision of premises for commercial or industrial uses. (2) In this section— diverse housing means a range of housing to meet a variety of community needs, including, for example, housing of different size, type, price, built form, density, cost, adaptability and tenure. provision, of diverse housing or premises, includes the funding, facilitation, delivery, supply and ownership of the housing or premises. 4 How main purpose is primarily achieved (1) The main purpose of this Act is achieved primarily by— (a) establishing MEDQ to plan, carry out, promote or coordinate activities to facilitate in the State the main purpose of this Act while also— (i) seeking the achievement of ecological sustainability; and (ii) valuing, protecting and promoting Aboriginal and Torres Strait Islander knowledge, culture and tradition; and (iii) recognising the cultural heritage significance of places; and (b) providing for a streamlined planning and development framework for particular parts of the State (declared as priority development areas under this Act) to facilitate the main purpose of this Act; and (c) providing for MEDQ to undertake strategic leadership and coordination of place renewal areas. (2) In this section— cultural heritage significance, of a place, means its aesthetic, architectural, historical, scientific, social or other significance to the present generation or past or future generations. ecological sustainability means a balance that integrates— (a) the protection of ecological processes and natural systems at local, regional, State and wider levels; and (b) economic development; and (c) the maintenance of the cultural, economic, physical and social wellbeing of people and communities. 5 Act binds all persons (1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) Nothing in this Act makes the State liable to be prosecuted for an offence. Part 2 Interpretation Division 1 General 6 Definitions The dictionary in schedule 1 defines particular words used in this Act. 7 Application of provisions (1) This section applies if a provision of this Act applies to any of the following (the applied law) for a purpose— (a) another provision of this Act; (b) another law; (c) a provision of another law. (2) The applied law and any definition relevant to it apply with necessary changes. (3) Subsection (2) is not limited merely because a provision states how the applied law is to apply. Division 2 Key concepts for housing 7A What is social housing (1) Social housing— (a) means housing provided to an individual for residential use based on eligibility requirements relating to the individual, including, for example, the income and assets of the individual; and (b) includes— (i) public housing under the Housing Act 2003, section 8(4); and (ii) crisis accommodation. (2) However, social housing does not include affordable housing. (3) In this section— eligibility requirements means requirements prescribed under the Housing Act 2003, section 33(1) relating to the provision of housing services for which a funded provider under the Housing Act 2003 receives funding. 7B What is affordable housing Affordable housing is housing that is affordable to particular types of households under criteria prescribed by regulation for the particular type of household. Part 3 Application of Housing Act 2003 7C Purpose of part (1) The purpose of this part is to ensure entities to which MEDQ provides assistance for the purpose of providing social housing are regulated under the Housing Act 2003 in the same way that entities to which the chief executive under the Housing Act 2003 provides assistance for the purpose of providing a social housing service are regulated under the Housing Act 2003. (2) In this section— social housing service see the Housing Act 2003, section 8(2). 7D When MEDQ may provide assistance to entity MEDQ may provide assistance to an entity for the purpose of providing social housing other than social housing mentioned in section 7A(1)(b) only if— (a) the entity is— (i) a registered provider under the Housing Act 2003, schedule 4; or (ii) an exempt provider under the Housing Act 2003, schedule 4; and (b) the chief executive under the Housing Act 2003 has consented to MEDQ providing the assistance to the entity. 7E Agreement entered into by MEDQ taken to be funding agreement under Housing Act 2003 (1) This section applies if MEDQ enters into an agreement with an entity for the purpose of providing assistance to the entity to assist the entity to provide social housing. (2) The agreement is taken to be a funding agreement under the Housing Act 2003, section 25. (3) The assistance is taken to be funding under the Housing Act 2003, section 21(1). (4) The entity is taken to be a funded provider under the Housing Act 2003, section 21(2). 7F Asset for which MEDQ provides assistance taken to be community housing asset under Housing Act 2003 (1) This section applies to an asset acquired by an entity using assistance provided by MEDQ for the purpose of assisting the entity to provide social housing. (2) If the entity is a state provider under the Housing Act 2003, the asset is taken to be a state community housing asset under the Housing Act 2003. (3) If the entity is a national provider under the Housing Act 2003, the asset is taken to be a national community housing asset under the Housing Act 2003. 7G Application of Housing Act 2003 (1) Nothing in this Act prevents the Housing Act 2003 applying to an entity to which MEDQ provides assistance for the purpose of assisting the entity to provide social housing. (2) Without limiting subsection (1)— (a) the entity must comply with the requirements relating to the provision of housing services mentioned in the Housing Act 2003, section 33 to the extent the requirements apply to the entity; and (b) the registrar under the Housing Act 2003 may take action under the Housing Act 2003, part 4A, division 4, against the entity, including, for example, cancellation of the entity's registration; and (c) a power under the Housing Act 2003, part 7 may be exercised against the entity. 7H CEO may disclose information to chief executive under Housing Act 2003 The CEO may disclose anything that comes to the CEO's knowledge under this Act to the chief executive under the Housing Act 2003 if the CEO is satisfied the disclosure would assist in the performance of the functions of any of the following under the Housing Act 2003— (a) the chief executive; (b) the registrar; (c) an authorised officer. Chapter 2 Minister for Economic Development Queensland Part 1 Establishment 8 Establishment of Minister for Economic Development Queensland (1) A corporation sole constituted by the Minister is established under the name Minister for Economic Development Queensland (MEDQ). (2) The corporation as established under that name— (a) has perpetual succession and a seal; and (b) may sue and be sued in its corporate name. 9 MEDQ represents the State (1) MEDQ represents the State. (2) Without limiting subsection (1), MEDQ has all the State's privileges and powers. 10 Legal capacity (1) MEDQ has all the powers of an individual and may, for example— (a) enter into contracts, infrastructure agreements and other agreements; and (b) deal in land or other property; and (c) appoint agents and attorneys; and (d) engage consultants; and (e) establish funds and accounts with any financial institution in Australia; and (f) fix charges, and other terms, for the performance of a function, or exercise of a power, under this Act; and (g) provide services relating to its functions and charge fees for the services; and Example of a service relating to MEDQ's functions— advisory services (h) do anything necessary or convenient to be done in the performance of its functions, or exercise of its powers, under this or another Act. (2) MEDQ also has the powers conferred on it by this or another Act. (3) In performing its functions, MEDQ may act alone or in conjunction with public sector units, local governments, agencies or instrumentalities of the Commonwealth and other persons. 11 Application of other Acts (1) MEDQ is— (a) a unit of public administration under the Crime and Corruption Act 2001; and (b) a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982. (2) The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which MEDQ's powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982. 12 MEDQ declared to be excluded matter MEDQ is declared to be an excluded matter for the Corporations Act, section 5F, in relation to all of the Corporations legislation. Part 2 Functions 13 MEDQ's functions (1) MEDQ's main function is to give effect to the main purpose of this Act. (2) MEDQ's other functions, for achieving the main purpose of this Act, include— (a) dealing in land or other property; and (b) coordinating the provision of, or providing, infrastructure and other services; and (c) planning for, and developing and managing land in or for, priority development areas; and (d) deciding PDA development applications under this Act; and (e) undertaking investment activities in property assets to facilitate economic development and development for community purposes. (3) In planning for, or developing land in, priority development areas, MEDQ must consult with each relevant local government. Note— See also section 58 in relation to MEDQ consulting with relevant local governments when preparing a development scheme for a priority development area. Part 3 Special powers relating to dealings and infrastructure Division 1 General 14 Purpose of pt 3 (1) This part provides for particular powers and other matters for achieving MEDQ's functions mentioned in section 13(2). (2) This part does not limit MEDQ's powers under this or another Act. 15 MEDQ to act for long-term financial sustainability MEDQ must, to the extent practicable, carry out its functions in a way that facilitates the long-term financial sustainability of MEDQ. Division 2 Dealing in land or other property 16 What power to deal in land or other property includes (1) For this Act, MEDQ's power to deal in land or other property includes a power to deal in— (a) land or other property; or (b) an interest in land or other property. (2) Also, for this Act, MEDQ's power to deal in land includes a power to deal in land and improvements on land. 17 Dealing in land or other property generally Without limiting section 13(2)(a), MEDQ may— (a) acquire land or other property to facilitate the main purpose of this Act; or (b) develop land, including by providing or contributing to the provision of infrastructure on the land, to facilitate the main purpose of this Act; or (c) dispose of, lease, license the use or occupation of, or sublease land or other property held by MEDQ to another entity for development by the entity. 18 Selling surplus property (1) This section applies if MEDQ holds land or other property (surplus property) that it does not require, or no longer requires, for carrying out its functions under this Act. (2) MEDQ may sell the surplus property at its market value— (a) by public tender or auction; or (b) by private treaty; or (c) to a Commonwealth or State entity, or a local government, in priority to all other entities; or (d) in any other way prescribed under a regulation. (3) In this section— Commonwealth or State entity means— (a) a department of the Government of the Commonwealth or the State; or (b) a statutory body constituted under an Act of the Commonwealth or the State. 19 Conditional disposal of land or other property (1) MEDQ may impose a condition or restriction on the disposal of land or other property to an entity (a transferee) by MEDQ. (2) Without limiting subsection (1), MEDQ and a transferee may agree that the transferee— (a) must make stated improvements to the land or property; or (b) must undertake a stated activity, within a stated period, in relation to the land or property; or (c) is subject to stated restrictions on the transfer of or dealing with the land or property. (3) An agreement under subsection (2) may provide for remedies against, and the power to impose sanctions on, the transferee relating to the agreement. 19A Exemption from particular disclosure requirements under Body Corporate and Community Management Act 1997 (1) This section applies if— (a) MEDQ enters into a contract (the initial contract) with another entity in relation to the development of land owned by MEDQ; and (b) under the initial contract— (i) the land is proposed to become scheme land under the Body Corporate and Community Management Act 1997 on the establishment of a community titles scheme under that Act (the proposed scheme); and (ii) the other entity is to carry out development of the land or part of the land; and (c) the initial contract provides for MEDQ and the other entity to enter into a further contract for the sale by MEDQ to the entity of lots or proposed lots included in the proposed scheme if, by a date provided for under the initial contract, MEDQ has not sold the lots or proposed lots to another entity. (2) A reference in subsection (1)(c) to a further contract includes a reference to a contract required under a provision of the initial contract granting MEDQ an option to sell the lots or proposed lots to the other entity. (3) The Body Corporate and Community Management Act 1997, sections 212B and 213 do not apply in relation to the initial contract. (4) In this section— development see section 33(2). lot see the Body Corporate and Community Management Act 1997, schedule 6. proposed lot see the Body Corporate and Community Management Act 1997, section 211A. Division 3 Provision of infrastructure 20 Construction of roads (1) MEDQ may construct a road for achieving its functions mentioned in section 13(2)(a) and (b). (2) The Governor in Council may, by gazette notice, fix a day (the fixed day) on and after which the Local Government Act 2009 or the City of Brisbane Act 2010 (the relevant Act) applies to the road. (3) Until the fixed day— (a) the relevant Act does not apply to the road; and (b) MEDQ incurs a duty, obligation, liability or responsibility in relation to an act done or omission made in relation to the road if, and to the extent, a local government would incur the duty, obligation, liability or responsibility if the act had been done or omission had been made by the local government. (4) On and after the fixed day— (a) the relevant Act applies to the road as if the road had been constructed by the local government for the area in which the road is located; and (b) MEDQ does not have any duty, obligation, liability or responsibility in relation to the road. Division 3A Acquisition of land 20A When MEDQ may take land (1) MEDQ may take land for either of the following purposes— (a) to provide infrastructure for the benefit of a priority development area; (b) to give effect to a place renewal framework for a place renewal area. (2) However, MEDQ may take the land only if— (a) MEDQ is satisfied the taking of the land is necessary for a purpose mentioned in subsection (1); and (b) the Minister is satisfied the taking of the land is in the public interest. (3) MEDQ's power to take the land for a purpose mentioned in subsection (1)— (a) applies even though— (i) the taking of the land is for conferring rights or interests in the land on another entity; and (ii) an entity may derive a measurable benefit from any action taken on the land to facilitate the purpose mentioned in subsection (1); and (b) includes the power to take, from time to time as required, land for a purpose incidental to a purpose mentioned in subsection (1). (4) If the taking of the land is for conferring rights or interests in the land on another entity, MEDQ may take the land only if reasonable steps have been taken to obtain the agreement of the owner of the land to actions on the land that would facilitate the purpose mentioned in subsection (1) for which the land is being taken but the owner has not agreed to the actions. (5) The process under the Acquisition of Land Act 1967 for the taking of land, and the payment of compensation for taking land, applies in relation to the taking of land under this section as if the land were being taken under the Acquisition of Land Act 1967 by— (a) MEDQ as a constructing authority under the Acquisition of Land Act 1967; and (b) the Minister as the relevant Minister under the Acquisition of Land Act 1967. (6) The Acquisition of Land Act 1967 must be read with and subject to the modifications and adaptations necessary to give operation and effect to subsection (5). (7) To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the Acquisition of Land Act 1967. 20B Power to take easements and other interests (1) MEDQ's power to take land for a purpose mentioned in section 20A(1) includes— (a) power to take an easement, or another interest in land above or beneath the surface, without acquiring rights in the surface; and (b) power to take a lease of State land or another interest in State land. (2) If MEDQ issues a notice of intention to resume a lease of State land, or some other interest in State land that is less than freehold, MEDQ must file a copy of the notice in the appropriate land register kept under the Land Act 1994. (3) If MEDQ amends or discontinues a resumption mentioned in subsection (2), MEDQ must immediately file a notice of the amendment or discontinuance in the register. (4) This division, and the process under the Acquisition of Land Act 1967 for the taking of land and the payment of compensation for taking land, apply in relation to the easement or other interest mentioned in subsection (1) as if the easement or other interest were land. (5) The Acquisition of Land Act 1967 must be read with and subject to the modifications and adaptations necessary to give operation and effect to subsections (2), (3) and (4). (6) To remove any doubt, it is declared that the taking of land under this section is not a taking of land under the Acquisition of Land Act 1967. (7) In this section— easement includes a public utility easement under the Land Act 1994 or the Land Title Act 1994. 20C Relationship with native title legislation (1) For the taking of land under section 20A and the payment of compensation for the land taken— (a) the process mentioned in section 20A(5) must be carried out in a way that is consistent with the Native Title (Queensland) Act 1993 and the Native Title Act 1993 (Cwlth); and (b) if the Native Title (Queensland) Act 1993 or the Native Title Act 1993 (Cwlth) states a process in relation to the taking or payment that is in addition to the process stated in the Acquisition of Land Act 1967, the additional process also applies to the taking or payment; and (c) the Land Court is the independent body for the Native Title Act 1993 (Cwlth), section 24MD(6B). (2) To remove any doubt, it is declared that this Act is a compulsory acquisition Act under the Native Title (Queensland) Act 1993, section 144(4). 20D Vesting of land taken under s 20A (1) Land taken under section 20A vests in the entity stated in the gazette resumption notice for the taking of the land on the day the notice is published in the gazette. (2) If the land taken under section 20A is a lease of State land or another interest in State land that is less than freehold, as mentioned in section 20B, the land vests in the entity stated in the gazette resumption notice as an estate in fee simple. (3) The Governor in Council is authorised to grant in fee simple and so vest the land mentioned in subsection (2) subject to the reservations and conditions that are authorised or required under the Land Act 1994. 20E Power to use, lease or dispose of land MEDQ may, to give effect to a purpose mentioned in section 20A, do any or all of the following— (a) lease, or agree to lease, to any person land taken, or proposed to be taken, under section 20A; (b) sign an agreement with any person to carry out, own, operate and maintain any works or development on land taken, or proposed to be taken, under section 20A; (c) sign an agreement with any person in relation to works or development for land taken, or proposed to be taken, under section 20A; (d) sell land taken, or agree to sell land to be taken, under section 20A. 20F Costs of taking land under s 20A (1) Before MEDQ takes land under section 20A, MEDQ may enter into an agreement with an entity about the costs of taking the land. (2) The agreement may require the person to give a guarantee or provide security to MEDQ for the costs. (3) If the person does not pay to MEDQ the costs of taking the land in accordance with the agreement, MEDQ may recover the costs from the person as a debt owing by the person to MEDQ. (4) In this section— costs, of taking land, includes— (a) operational, administrative and legal costs; and (b) any compensation assessed under the Acquisition of Land Act 1967 for the taking of the land. 20G Application of Acquisition of Land Act 1967 , ss 36 and 37 The Acquisition of Land Act 1967, sections 36 and 37 apply in relation to exercising a power to take land under this division as if MEDQ were exercising its power to take land, as a constructing authority, under the Acquisition of Land Act 1967. 20H Notice of intention to dispose of land that is not required (1) This section applies in relation to land taken under section 20A if, within 7 years after the day the land is taken— (a) the land is still held by the entity in which the land was vested under the gazette resumption notice for the taking of the land; and (b) the land is no longer required by the entity; and (c) the entity intends to dispose of the land. (2) The entity must, by notice, advise the previous owner of the land that the entity intends to offer the land to the previous owner. (3) The notice must state— (a) that the previous owner must, within 28 days after the day the notice is given, give a notice to the entity stating whether or not the previous owner is interested in buying the land; and (b) that the entity may dispose of the land to another person if— (i) the entity does not receive a notice under paragraph (a); or (ii) the notice under paragraph (a) states the previous owner is not interested in buying the land; and (c) if the entity has taken an easement under subsection (5)—the nature and terms of the easement. (4) If the entity is not MEDQ, the entity must give a copy of the notice to MEDQ. (5) Before giving a notice under subsection (2), the entity may take an easement over all or part of the land to ensure the structural and operational integrity of any development infrastructure on the land. (6) To remove any doubt, it is declared that this section applies despite the Acquisition of Land Act 1967, section 41. 20I Power to dispose of land that is not required (1) Subsection (2) applies if the previous owner of land taken under section 20A gives an entity a notice under section 20H(3)(a) stating that the previous owner is interested in buying the land. (2) The entity must, by notice, offer the land, subject to any easement over the land, for sale to the previous owner at a price decided by the entity. (3) Subsection (4) applies if the previous owner of land taken under section 20A— (a) does not give a notice under section 20H(3)(a) for the land; or (b) gives a notice under section 20H(3)(a) stating that the previous owner is not interested in buying the land; or (c) does not accept an offer for the sale of the land made by the entity. (4) The entity may dispose of the land subject to any easement over the land. (5) In deciding the price for which the land may be sold under subsection (2) or (4), the entity must consider— (a) a valuation by a valuer registered under the Valuers Registration Act 1992; and (b) the policies and systems for the management of the entity's assets; and (c) the existence of any easement over the land. (6) A person contracting or otherwise dealing with an entity in relation to land is not required to ask whether section 20A or this section has been complied with. (7) The title of any person to land acquired from the entity is not affected by a failure to comply with section 20A or this section. (8) To remove any doubt, it is declared that this section applies despite the Acquisition of Land Act 1967, section 41. Division 4 Financial arrangements 21 Entering into financial arrangements (1) MEDQ may— (a) lend money, or enter into other financial arrangements, as part of a dealing in land or other property, including, for example, by providing finance to a purchaser; and (b) enter into instalment contracts or other deferred payment arrangements as a creditor. Example— MEDQ might construct a research facility for an entity and recover the costs of its construction by a lease of the facility to the entity. (2) MEDQ may exercise a power under subsection (1) only if MEDQ has considered a matter prescribed under a regulation about the exercise of the power. (3) MEDQ may take any form of security or charge over land or other property if MEDQ considers it appropriate for doing a thing under subsection (1). 22 Holding land or other property obtained as security (1) This section applies if MEDQ acquires or otherwise becomes entitled to land or other property as security for, or in satisfaction, liquidation or discharge of, a debt owing to MEDQ. (2) MEDQ may hold the land or property until it can be advantageously disposed of. Division 5 Other functions and powers 23 Arrangements to facilitate grant of appropriate lease under Land Act 1994 MEDQ may, to give effect to the main purpose of this Act, enter into arrangements to facilitate the grant of an appropriate lease to a person under the Land Act 1994. 24 Research MEDQ may contribute to, or undertake, research about land or other property or infrastructure to give effect to the main purpose of this Act, including, for example, research directed at identifying— (a) recent market trends that may affect economic development, or development for community purposes, in the State; or (b) opportunities for economic development, or development for community purposes, in the State; or (c) community needs and expectations. Part 4 Economic Development Fund 25 Economic Development Fund (1) The Estates Construction Fund under the repealed ID Act is continued in existence under this Act and renamed as the Economic Development Fund (the Fund). (2) The Fund does not form part of the consolidated fund. 26 Payments of amounts into the Fund (1) The following amounts are payable into the Fund— (a) amounts received by MEDQ for a dealing in land or other property under this Act; (b) amounts received by MEDQ for a borrowing under the Statutory Bodies Financial Arrangements Act 1982, part 5; (c) amounts received by MEDQ for an investment under the Statutory Bodies Financial Arrangements Act 1982, part 6; (d) fees received by MEDQ for applications under chapter 3; (e) special rates and charges received by MEDQ; (f) infrastructure expenses recoupment charges received by MEDQ; (g) any other amounts received by MEDQ in carrying out its functions or exercising its powers under this Act, including, for example, interest received in relation to— (i) a fund or bank account kept under this Act; or (ii) a financial arrangement under section 21; (h) any amount appropriated by Parliament for the purposes of the Fund; (i) any amount paid into the Fund at the direction of or with the approval of the Minister and the Treasurer. (2) Subsection (3) applies if— (a) MEDQ delegates a function or power under section 169; and (b) for performing the function or exercising the power, the delegate receives an amount that, other than for subsection (3), would be payable into the Fund under subsection (1)(d), (e), (f) or (g); and (c) the delegation provides that the delegate may retain all or part of the received amount. (3) Despite subsection (1), the amount that, under the delegation, may be retained is not payable into the Fund. 27 Payment of amounts from the Fund A payment of an amount from the Fund may be made for any of the following purposes— (a) paying expenses incurred by MEDQ for— (i) a dealing in land or other property under this Act; or (ii) the provision of infrastructure or other services under this Act; or (iii) the administration or enforcement of this Act; or (iv) performing another function, or exercising another power, under this Act; (b) paying fees or expenses related to administering the Fund or a fund or bank account kept under this Act; (c) transferring an amount to a local government under section 127(1)(b); (d) paying an amount the Minister and the Treasurer direct MEDQ, in writing, to pay into the consolidated fund. 28 Administration of the Fund The Fund is to be administered by MEDQ. Part 5 Reporting and accountability Division 1 Reporting generally 29 Quarterly reports (1) The board must give the Minister a report on MEDQ's operations for each quarter in a financial year. (2) A quarterly report must be given to the Minister— (a) within 4 weeks after the end of the quarter; or (b) if another period after the end of the quarter is agreed between the board and the Minister—within the agreed period. (3) A quarterly report must— (a) contain the information required to be given in the report under MEDQ's operational plan; and (b) describe how MEDQ has achieved the main purpose of this Act during the quarter; and (c) be signed by the chairperson of the board. (4) In this section— quarter, in a financial year, means any of the following periods in the year— (a) 1 July to 30 September; (b) 1 October to 31 December; (c) 1 January to 31 March; (d) 1 April to 30 June. 30 Board to keep Minister informed The board must— (a) keep the Minister informed of MEDQ's operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and (b) keep the Minister informed of how MEDQ is achieving the main purpose of this Act; and (c) give the Minister reports and information to enable the Minister to make informed assessments of matters mentioned in paragraphs (a) and (b); and (d) immediately inform the Minister of any matters that arise that, in the board's opinion, may— (i) prevent, or significantly affect, achievement of the objectives in MEDQ's strategic and operational plans; or (ii) significantly affect MEDQ's performance in delivering the outputs under its operational plan. 31 Other reporting requirements Sections 29 and 30 do not limit the matters of which the board is required to keep the Minister informed, or limit the reports or information that the board is required, or may be required, to give under another Act. Division 2 Annual reports 32 Definition for division In this division— annual report means MEDQ's annual report under the Financial Accountability Act 2009. 32A Deletion of commercially sensitive matters from annual report (1) This section applies if the board asks the Minister to delete from the copies of an annual report (and accompanying documents) that are to be made public a matter that is of a commercially sensitive nature. (2) The Minister may delete the matter from the copies of the annual report (and accompanying documents) that are laid before the Legislative Assembly or otherwise made public. Example of a matter that might be deleted— pricing information given to MEDQ in response to an unfinished tender process 32B Annual report may include a summary of a matter An annual report may include a summary of a matter required to be included in the annual report, rather than a full statement of the matter, if— (a) the summary indicates that it is a summary only; and (b) a full statement of the matter is laid before the Legislative Assembly at the same time as a copy of the annual report is laid before the Legislative Assembly. 32C Matters to be included in annual report The annual report for a financial year must include the details of all directions given to MEDQ by the Minister under this part or part 6 during the financial year. Division 3 Strategic and operational plans 32D Interaction with the Financial Accountability Act 2009 (1) If something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009, compliance with the Financial Accountability Act 2009 is sufficient compliance with this division. (2) Otherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009. (3) If there is an inconsistency between this division and the Financial Accountability Act 2009, the Financial Accountability Act 2009 prevails to the extent of the inconsistency. 32E Draft strategic and operational plans (1) Before 31 March each year, the board must prepare, and give to the Minister for the Minister's agreement, a draft strategic plan and a draft operational plan for the next financial year. (2) The board and the Minister must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year. 32F Procedures (1) The Minister may return the draft strategic or operational plan to the board and ask the board— (a) to consider, or further consider, a stated thing and deal with the thing in the draft plan; and (b) to revise the draft plan in the light of its consideration or further consideration. (2) The board must comply with the request as a matter of urgency. (3) If the draft plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the board— (a) to take stated steps in relation to the draft plan; or (b) to make stated modifications of the draft plan. (4) The board must immediately comply with the direction and include a copy of the direction in the plan. 32G Strategic or operational plan pending agreement (1) This section applies if the Minister and the board have not agreed to the draft strategic or operational plan before the start of the relevant financial year. (2) The draft plan given, or last given, by the board to the Minister before the start of the financial year, with any modifications made by the board, whether before or after that time, at the direction of the Minister, is taken to be MEDQ's strategic or operational plan. (3) Subsection (2) applies until a draft strategic or operational plan becomes MEDQ's strategic or operational plan under section 32H. 32H Strategic or operational plan on agreement When the draft strategic or operational plan has been agreed to in writing by the Minister, it becomes MEDQ's strategic or operational plan for the relevant financial year. 32I Compliance with strategic and operational plans MEDQ must comply with its strategic and operational plans for a financial year. 32J Modifications of strategic or operational plan (1) The board may modify MEDQ's strategic or operational plan only with the written agreement of the Minister. (2) The Minister may, by written notice, direct the board to modify MEDQ's strategic or operational plan. 32K Content of strategic plan MEDQ's strategic plan for a financial year must include— (a) MEDQ's objectives and intended outcomes; and (b) MEDQ's capital structure; and (c) MEDQ's annual budget and annual forecasts of revenue; and (d) MEDQ's key performance indicators relating to the achievement of the main purpose of this Act; and (e) an outline of the following matters— (i) the nature and scope of the activities proposed to be undertaken by MEDQ during the financial year; (ii) MEDQ's main undertakings for the financial year; (iii) the borrowings made or proposed to be made by MEDQ; (iv) MEDQ's policies for minimising or managing any risk of investments and borrowings that may adversely affect its financial stability; (v) MEDQ's policies and procedures relating to the acquisition and disposal of major assets; and (f) an outline of the major investments proposed to be undertaken by MEDQ during the financial year. 32L Publication of strategic plan (1) MEDQ must publish MEDQ's strategic plan, including any modifications under section 32J, on MEDQ's website. (2) However, if MEDQ considers information in the strategic plan may have an adverse effect on the interests of MEDQ, or reveal information that is commercial-in-confidence, MEDQ is not required to publish the information. Part 6 Directions about equity and dividends Division 1 Direction about equity 32M Giving direction (1) The Minister may, at any time, give MEDQ a written direction about payment or transfer of an asset or liability to, or withdrawal or transfer of an asset or liability from, MEDQ's equity. (2) MEDQ must comply with the direction. (3) The board must ensure the direction is complied with in relation to MEDQ. (4) The Minister must, before giving the direction, consult with the board about the proposed direction. Division 2 Direction about dividends 32N Giving direction (1) The Minister may give MEDQ a written direction to pay to the State, for a financial year, a dividend of the amount decided under this part. (2) If the Minister gives a direction under subsection (1), MEDQ must pay the dividend within 6 months after the end of the financial year for which it is payable or a longer period allowed by the Minister. 32O Amount of dividend (1) During the period from 1 to 15 May in a financial year, MEDQ must give the Minister— (a) an estimate of its profit for the financial year; and (b) a recommendation about the amount of the dividend that may be required to be paid for the financial year. (2) Before the end of the financial year, the Minister may— (a) approve the recommendation and give MEDQ a direction to pay a dividend of that amount; or (b) give MEDQ a direction to pay a dividend of a different stated amount. (3) The amount of the dividend for a financial year must not be more than the amount that would be allowed to be paid by a company under the Corporations Act, part 2H.5 if MEDQ were a company. Part 7 Commonwealth tax equivalents 32P Liability for Commonwealth tax equivalents (1) The Treasurer may issue a manual (the tax equivalents manual) about deciding the tax equivalents to be paid by MEDQ and its subsidiaries. (2) Without limiting subsection (1), the tax equivalents manual may provide for— (a) rulings by the tax assessor appointed under subsection (3) on issues about tax equivalents, including the application of rulings under a Commonwealth Act about Commonwealth tax; and (b) the lodging of returns by MEDQ and its subsidiaries; and (c) assessing returns; and (d) the functions and powers of the tax assessor appointed under subsection (3); and (e) objections and appeals against assessments and rulings. (3) The Treasurer may appoint a person to be the tax assessor under the tax equivalents manual. (4) MEDQ and its subsidiaries must, as required under the tax equivalents manual, pay tax equivalents to the Treasurer for payment into the consolidated fund. (5) The Treasurer must table a copy of the tax equivalents manual, and each amendment of the manual, in the Legislative Assembly within 14 sitting days after the manual is issued or the amendment made. (6) In this section— Commonwealth tax means tax imposed under a Commonwealth Act. tax equivalents means amounts paid by MEDQ or its subsidiaries to the Treasurer, for payment into the consolidated fund, as the value of benefits derived by MEDQ or its subsidiaries because MEDQ is not liable to pay Commonwealth tax that would be payable by MEDQ if MEDQ were not a government entity. Part 8 Chief executive officer 32Q Appointment (1) The Governor in Council must appoint a chief executive officer of MEDQ (the CEO). (2) The CEO is appointed under this Act and not the Public Sector Act 2022. (3) To be appointed as the CEO, a person must have a professional qualification relevant to, and professional experience in, an area relating to the main functions of MEDQ. 32R Disqualification as CEO A person is disqualified from being appointed, or continuing as, the CEO if the person— (a) has a conviction, other than a spent conviction, for an indictable offence; or (b) is an insolvent under administration; or (c) is disqualified from managing corporations because of the Corporations Act, part 2D.6; or (d) contravenes section 32X, 32Y or 32Z. 32S Criminal history report (1) To decide if a person is disqualified from becoming or continuing as the CEO, the Minister may ask the police commissioner for— (a) a written report about the criminal history of the person; and (b) a brief description of the circumstances of a conviction mentioned in the criminal history. (2) However, the Minister may make the request only if the person has given the Minister written consent for the request. (3) The police commissioner must comply with the request. (4) However, the duty to comply applies only to information in the possession of the police commissioner or to which the police commissioner has access. (5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. 32T Term (1) The CEO holds office for the term stated in the CEO's instrument of appointment. (2) The stated term must not be more than 5 years. (3) The CEO may be reappointed. 32U Remuneration and conditions (1) The CEO is to be paid the remuneration and other allowances decided by the Governor in Council. (2) The CEO holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. 32V Removal by Governor in Council The Governor in Council may, on the Minister's recommendation, remove the CEO from office if the Minister is satisfied the CEO— (a) has engaged in— (i) inappropriate or improper conduct in an official capacity; or (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or (b) has become incapable of performing the CEO's functions; or (c) has neglected the CEO's duties or performed the CEO's functions incompetently; or (d) has become disqualified under section 32R(d) from continuing as CEO. 32W Vacancy in office The office of the CEO becomes vacant if the CEO— (a) completes a term of office and is not reappointed; or (b) resigns office by signed notice given to the Minister; or (c) becomes disqualified under section 32R(a), (b) or (c) from continuing as CEO; or (d) is removed under section 32V as CEO. 32X CEO not to engage in other paid employment The CEO must not, without the Minister's prior written approval— (a) engage in paid employment outside the responsibilities of— (i) the office of the CEO; and (ii) if the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer; or (b) actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of— (i) the office of the CEO; and (ii) if the CEO is also appointed as executive officer of the EDQ employing office—the office of the executive officer. 32Y CEO not to enter into contract with MEDQ The CEO must not enter into a contract with MEDQ, other than a contract related to the CEO's employment. 32Z Conflicts of interest If the CEO has an interest that conflicts, or may conflict, with the discharge of the CEO's responsibilities, the CEO— (a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the CEO's knowledge; and (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister. 32ZA Functions (1) The CEO has the function of ensuring the effective and efficient administration and operation of MEDQ and the performance of its functions. (2) The CEO also has the functions given to the CEO under this Act or another Act. 32ZB Powers (1) The CEO has the power to do anything necessary or convenient to be done for the performance of the CEO's functions. (2) The CEO also has the powers given to the CEO under this Act or another Act. 32ZC Delegation (1) The CEO may delegate the CEO's functions under this Act to an appropriately qualified person. (2) In this section— functions includes powers. 32ZD Acting CEO (1) The Governor in Council may appoint a person to act as CEO— (a) during a vacancy in the office; or (b) during any period, or during all periods, when the CEO is absent from duty or from the State or is, for another reason, unable to perform the duties of the office. (2) The acting CEO is appointed under this Act and not the Public Sector Act 2022. Part 9 EDQ employing office Division 1 Establishment 32ZE Establishment of EDQ employing office (1) The Economic Development Queensland employing office (the EDQ employing office) is established. (2) The EDQ employing office consists of— (a) the executive officer; and (b) the employees of the EDQ employing office. (3) The EDQ employing office is a separate entity from MEDQ. 32ZF EDQ employing office represents the State (1) The EDQ employing office represents the State. (2) Without limiting subsection (1), the EDQ employing office has the status, privileges and immunities of the State. 32ZG Application of other Acts The EDQ employing office is— (a) a unit of public administration under the Crime and Corruption Act 2001; and (b) a statutory body under— (i) the Financial Accountability Act 2009; and (ii) the Statutory Bodies Financial Arrangements Act 1982. 32ZH Functions (1) The main functions of the EDQ employing office are— (a) entering into, for the State, mobility arrangements under which an employee of the EDQ employing office performs work for or within, or duties in, MEDQ; and (b) employing, for the State, employees to perform work for or within, or duties in, MEDQ under the mobility arrangements mentioned in paragraph (a); and (c) doing anything incidental to the discharge of the functions mentioned in paragraph (a) and (b). (2) Also, the EDQ employing office has any other function conferred on the EDQ employing office under this Act or another Act. (3) In this section— mobility arrangement see the Public Sector Act 2022. 32ZI Powers (1) The EDQ employing office has the power to do anything necessary or convenient to be done for the performance of the EDQ employing office's functions. (2) The EDQ employing office also has the powers given to it under this Act or another Act. 32ZJ Employees The employees of the EDQ employing office are to be employed under the Public Sector Act 2022. Division 2 Executive officer 32ZK Appointment (1) There is to be an executive officer of the EDQ employing office. (2) The executive officer is to be appointed by the Governor in Council. (3) The executive officer is appointed under this Act and not the Public Sector Act 2022. (4) The executive officer may be the same person as the CEO. 32ZL Disqualification as executive officer A person is disqualified from being appointed, or continuing, as the executive officer if the person— (a) has a conviction, other than a spent conviction, for an indictable offence; or (b) is an insolvent under administration; or (c) is disqualified from managing corporations because of the Corporations Act, part 2D.6; or (d) contravenes section 32ZR or 32ZS. 32ZM Criminal history report (1) To decide if a person is disqualified from becoming or continuing as the executive officer, the Minister may ask the police commissioner for— (a) a written report about the criminal history of the person; and (b) a brief description of the circumstances of a conviction mentioned in the criminal history. (2) However, the Minister may make the request only if the person has given the Minister written consent for the request. (3) The police commissioner must comply with the request. (4) However, the duty to comply applies only to information in the possession of the police commissioner or to which the police commissioner has access. (5) The Minister must ensure the report is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. 32ZN Term (1) The executive officer holds office for the term stated in the executive officer's instrument of appointment. (2) The stated term must not be more than 5 years. (3) The executive officer may be reappointed. 32ZO Remuneration and conditions (1) The executive officer is to be paid the remuneration and other allowances decided by the Governor in Council. (2) The executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. (3) Despite subsection (1), if the same person is appointed as CEO and executive officer, the person is to be paid only the remuneration and other allowances payable to the person under section 32U. 32ZP Removal by Governor in Council The Governor in Council may, on the Minister's recommendation, remove the executive officer from office if the Minister is satisfied the executive officer— (a) has engaged in— (i) inappropriate or improper conduct in an official capacity; or (ii) inappropriate or improper conduct in a private capacity that reflects seriously and adversely on the office; or (b) has become incapable of performing the executive officer's functions; or (c) has neglected the executive officer's duties or performed the executive officer's functions incompetently; or (d) has become disqualified under section 32ZL(d) from continuing as executive officer. 32ZQ Vacancy in office The office of the executive officer becomes vacant if the executive officer— (a) completes a term of office and is not reappointed; or (b) resigns office by signed notice given to the Minister; or (c) becomes disqualified under section 32ZL(a), (b) or (c) from continuing as executive officer; or (d) is removed under section 32ZP as executive officer. 32ZR Executive officer not to engage in other paid employment The executive officer must not, without the Minister's prior written approval— (a) engage in paid employment outside the responsibilities of— (i) the office of the executive officer; and (ii) if the executive officer is also appointed as CEO—the office of the CEO; or (b) actively take part in the activities of a business, or in the management of a corporation carrying on a business, outside the responsibilities of— (i) the office of the executive officer; and (ii) if the executive officer is also appointed as CEO—the office of the CEO. 32ZS Conflicts of interest If the executive officer has an interest that conflicts, or may conflict, with the discharge of the executive officer's responsibilities, the executive officer— (a) must disclose the nature of the interest and conflict to the Minister as soon as practicable after the relevant facts come to the executive officer's knowledge; and (b) must not take action or further action concerning a matter that is, or may be, affected by the conflict unless authorised by the Minister. 32ZT Functions (1) The executive officer has the function of ensuring the effective and efficient administration and operation of the EDQ employing office and the performance of its functions. (2) The executive officer also has the functions given to the executive officer under this Act or another Act. 32ZU Powers (1) The executive officer has the power to do anything necessary or convenient to be done for the performance of the executive officer's functions. (2) The executive officer also has the powers given to the executive officer under this Act or another Act. 32ZV Delegation (1) The executive officer may delegate the executive officer's functions under this Act to another appropriately qualified employee of the EDQ employing office. (2) In this section— functions includes powers. 32ZW Acting executive officer (1) The Governor in Council may appoint a person to act as executive officer— (a) during a vacancy in the office; or (b) during any period, or during all periods, when the executive officer is absent from duty or from the State or is, for another reason, unable to perform the duties of the office. (2) The acting executive officer is appointed under this Act and not the Public Sector Act 2022. Part 10 Identity cards 32ZX Issue of identity card for particular employees and agents (1) MEDQ must issue an identity card to each individual whom MEDQ authorises to enter premises under section 123 or 123A. (2) The identity card must— (a) contain a recent photo of the individual; and (b) contain a copy of the individual's signature; and (c) identify the individual as an individual who is authorised by MEDQ; and (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes. Note— See also section 122B in relation to the issuing, production and return of identity cards under the Planning Act, chapter 5, part 6 as applied under that section. 32ZY Production or display of identity card (1) In exercising a power under this Act in relation to a person in the person's presence, the individual must— (a) produce the individual's identity card for the person's inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person when exercising the power. (2) However, if it is not practicable to comply with subsection (1), the individual must produce the identity card for the person's inspection at the first reasonable opportunity. 32ZZ Return of identity card If an individual ceases to be authorised as mentioned in section 32ZX, the individual must return the individual's identity card to MEDQ within 21 days after ceasing to be so authorised unless the individual has a reasonable excuse. Maximum penalty—20 penalty units. Chapter 3 Planning and development Part 1 Preliminary 33 Development and categories of development (1) This section defines particular terms for this chapter. (2) Development is any of the following— (a) carrying out building work; (b) carrying out plumbing work or drainage work; (c) carrying out operational work; (d) reconfiguring a lot; (e) making a material change of use of premises. (3) PDA assessable development is— (a) development that a regulation provides is PDA assessable development; or (b) development that a relevant development instrument for a priority development area provides is PDA assessable development, including PDA-associated development identified in the instrument; or (c) PDA-associated development declared for a priority development area under section 40C(1) and identified by MEDQ under that section to be PDA assessable development. (4) PDA accepted development is— (a) development that a regulation provides is PDA accepted development; or (b) development that a relevant development instrument for a priority development area provides is PDA accepted development, including PDA-associated development identified in the instrument; or (c) PDA-associated development declared for a priority development area by MEDQ under section 40C(1) and identified by MEDQ under that section to be PDA accepted development; or (d) development in a priority development area, or PDA-associated development for a priority development area, other than— (i) development or PDA-associated development mentioned in paragraph (a), (b) or (c); or (ii) PDA assessable development. (5) If there is an inconsistency between the categorisation of development under a regulation and a relevant development instrument for a priority development area, the regulation prevails to the extent of the inconsistency. Part 2 Priority development areas Division 1 Declaration of provisional priority development areas , draft provisional land use plans and provisional land use plans Subdivision 1 Making of declaration regulations, draft provisional land use plans and provisional land use plans 34 Declaration (1) A regulation (a declaration regulation) may declare a part of the State to be a provisional priority development area. (2) Before recommending to the Governor in Council the making of a regulation under subsection (1), the Minister must— (a) consult with the Minister administering the Planning Act; and (b) have regard to— (i) the main purpose of this Act; and (ii) any proposed development for land in the area; and (iii) the impact the Planning Act may have on the delivery of the proposed development if the declaration regulation were not made; and (iv) any State planning instrument applying to land in the area. 35 Draft provisional land use plan required (1) This section applies if the Minister proposes to recommend to the Governor in Council the making of a declaration regulation. (2) MEDQ must make a draft provisional land use plan regulating development in the area proposed to be declared as a provisional priority development area (the proposed area). (3) The draft provisional land use plan may provide for any matter mentioned in section 57(2), (3) or (5). (4) The recommendation for the declaration regulation may be made only if MEDQ has made a draft provisional land use plan under subsection (2) for the proposed area. 36 When draft provisional land use plan has effect The draft provisional land use plan— (a) takes effect on the commencement of the declaration regulation; and (b) has effect until a provisional land use plan takes effect under section 36F for the provisional priority development area. 36A Notice of draft provisional land use plan As soon as practicable after the draft provisional land use plan takes effect, MEDQ must— (a) publish the draft provisional land use plan on MEDQ's website; and (b) publish a gazette notice stating that the draft provisional land use plan has taken effect and is published on MEDQ's website; and (c) publish, at least once in a newspaper circulating in the area of the relevant local government, a notice— (i) stating that the draft provisional land use plan has taken effect and is published on MEDQ's website; and (ii) inviting perso