Queensland: Queensland Reconstruction Authority Act 2011 (Qld)

Queensland Reconstruction Authority Act 2011 An Act to establish the Queensland Reconstruction Authority and provide for other measures to assist Queensland communities to recover from disasters and improve resilience for potential disasters Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Queensland Reconstruction Authority Act 2011. 2 Main purpose of Act The main purpose of this Act is to provide for appropriate measures— (a) to ensure Queensland and its communities effectively and efficiently recover from the impacts of disasters; and (b) to improve the resilience of communities for potential disasters. 3 How main purpose is primarily achieved The main purpose is to be achieved primarily by— (a) establishing the Queensland Reconstruction Authority to coordinate and manage the rebuilding and recovery of affected communities, including the repair and rebuilding of community infrastructure and other property; and (b) establishing the Queensland Reconstruction Board to oversee the operations of the authority; and (c) providing for the declaration of, and the making of development schemes for, declared projects and reconstruction areas to facilitate the following— (i) the protection, rebuilding and recovery of affected communities; (ii) mitigating against potential disasters for affected communities; (iii) improving the resilience of affected communities for potential disasters through, for example, the betterment of the communities. 4 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. Division 2 Interpretation 5 Definitions The dictionary in the schedule defines particular words used in this Act. 6 [Repealed] Part 2 Queensland Reconstruction Authority Division 1 Establishment 7 Establishment of authority The Queensland Reconstruction Authority is established. 8 Authority represents the State (1) The authority represents the State. (2) Without limiting subsection (1), the authority has the status, privileges and immunities of the State. 9 Application of other Acts (1) The authority 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 explains how that Act affects the authority's powers. Division 2 Functions and powers 10 Authority's functions (1) The main functions of the authority are as follows— (a) to coordinate the development and implementation of whole-of-government policies for— (i) carrying out risk assessments of potential disasters; and (ii) managing flood risks; and (iii) ensuring Queensland and its communities effectively and efficiently recover from the impacts of disasters; and (iv) improving the resilience of communities for potential disasters through, for example, the betterment of the communities; (b) to decide priorities for community infrastructure and community services needed for the protection, rebuilding and recovery of affected communities; (c) to work closely with affected communities to ensure each community's needs are recognised in the rebuilding and recovery of the communities and improving their resilience; (d) to collect and collate information about community services, and community infrastructure and other property, damaged or otherwise affected by a disaster; (e) to administer, coordinate and distribute financial assistance for communities in relation to mitigating against, recovering from or improving resilience for disasters; (f) to put into effect the strategic priorities of the board; (g) to ensure the protection, rebuilding and recovery of affected communities is— (i) effectively and efficiently carried out; and (ii) appropriate, having regard to the nature of the disaster; (h) to facilitate mitigating against potential disasters, including facilitating the development of a network of flood warning gauges that complies with best practice; (i) to plan for, coordinate and put in place measures to improve the resilience of communities for potential disasters through, for example, the betterment of the communities; (j) if asked by the Minister, to give the Minister advice about putting into effect recommendations made after an inquiry or inquest, particularly recommendations about mitigating against, recovering from or improving resilience for disasters. (2) The authority's functions also include any other function given to the authority under this Act or another Act. 11 Authority's powers (1) Subject to any Ministerial direction or notice under section 12, the authority has all the powers of an individual, and may, for example— (a) enter into contracts; and (b) acquire, hold, deal with and dispose of property; and (c) appoint agents and attorneys; and (d) engage consultants; and (e) do anything else necessary or convenient to be done in the performance of its functions. (2) Without limiting subsection (1), the authority has the powers given to it under this Act or another Act. 12 Ministerial direction or notice (1) The Minister may give the authority a written direction about the performance of its functions or the exercise of its powers, or notice of a public sector policy, if the Minister is satisfied it is necessary to give the direction or notice in the public interest. (2) The authority must ensure the direction or policy is complied with. (3) The authority— (a) must include in its annual report, prepared under the Financial Accountability Act 2009, section 63, details of any direction or notice given by the Minister under subsection (1) during the financial year to which the report relates; and (b) may include in the report a comment about the effect on the authority's activities of complying with the direction or notice. Division 3 Membership of the authority 13 Membership of authority The authority consists of— (a) the chief executive officer; and (b) the other staff of the authority. Division 4 Staff of the authority Subdivision 1 Chief executive officer 14 Chief executive officer (1) The authority must have a chief executive officer. (2) The chief executive officer is appointed by the Governor in Council. 15 Restriction on appointment A member of the board must not be appointed as chief executive officer. 16 Chief executive officer employed under this Act The chief executive officer is employed under this Act and not under the Public Sector Act 2022. 17 Term of office Subject to this subdivision, the chief executive officer holds office for the term stated in the officer's instrument of appointment. 18 Functions and powers of chief executive officer (1) The main functions of the chief executive officer are as follows— (a) to ensure the authority performs its functions effectively and efficiently; (b) to undertake or commission investigations, prepare plans or take steps the Minister directs, or the chief executive officer considers necessary or desirable, to ensure proper planning, preparation, coordination and control of development for the protection, rebuilding and recovery of affected communities; (c) to make recommendations to the Minister about any matter that— (i) relates to the performance or exercise of the chief executive officer's or authority's functions or powers; and (ii) may help the Minister in the proper administration of this Act. (2) The chief executive officer's functions also include any other function given to the chief executive officer under this Act or another Act. (3) The chief executive officer may exercise the powers of the authority and any other powers given to the chief executive officer under this Act or another Act. 19 Chief executive officer not to engage in other paid employment The chief executive officer must not, without the approval of the board— (a) engage in paid employment outside the duties of the office of chief executive officer; or (b) actively take part in the activities of a business, or in the management of a corporation carrying on business. 20 Conditions of appointment (1) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council. (2) The chief executive officer holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council. 21 Vacancy in office of chief executive officer (1) The office of the chief executive officer becomes vacant if the chief executive officer— (a) completes a term of office; or (b) resigns office by signed notice given to the Minister; or (c) is removed from office by the Governor in Council under subsection (2); or (d) is convicted of an indictable offence or an offence against this Act; or (e) is a person who is an insolvent under administration. (2) The Governor in Council may at any time remove the chief executive officer from office for any reason or none. 22 Preservation of rights of chief executive officer (1) This section applies if an officer of the public service is appointed as the chief executive officer. (2) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service as the chief executive officer were a continuation of service as a public service officer. (3) At the end of the person's term of office or resignation as the chief executive officer— (a) the person has the right to be appointed to an office in the public service on the same terms and conditions that applied to the person before being appointed as the chief executive officer; and (b) the person's service as the chief executive officer is taken to be service of a like nature in the public service for deciding the person's rights as an officer of the public service. 23 Acting chief executive officer The Governor in Council may appoint a person, other than a member of the board, to act in the office of chief executive officer during— (a) any vacancy, or all vacancies, in the office; or (b) any period, or all periods, when the chief executive officer is absent from duty, or can not, for another reason, perform the functions of the office. Subdivision 2 Appointment of persons to help chief executive officer 24 Appointment (1) The chief executive officer may appoint any person to help the chief executive officer in the performance or exercise of their functions or powers. (2) The person holds office on the terms and conditions, not provided by this Act, stated in— (a) the person's instrument of appointment; or (b) a notice signed by the chief executive officer and given to the person. (3) In appointing a person under this section, the chief executive officer must consult with the Public Sector Commissioner under the Public Sector Act 2022. (4) A person appointed under this section is employed under this Act and not under the Public Sector Act 2022. 25 Preservation of rights of persons appointed under s 24 (1) This section applies if an officer of the public service is appointed under section 24 to help the chief executive officer. (2) The person keeps all rights accrued or accruing to the person as an officer of the public service as if service in the office to which the person is appointed (the appointed office) were a continuation of service as a public service officer. (3) At the end of the person's term of office or resignation from the appointed office— (a) the person has the right to be appointed to an office in the public service at a salary level no less than the current salary level of an office equivalent to the office the person held before being appointed to the appointed office; and (b) the person's service in the appointed office is taken to be service of a like nature in the public service for deciding the person's rights as an officer of the public service. Subdivision 3 Other staff 26 Authority staff (1) The authority may employ other staff it considers appropriate to perform its functions. (2) The other staff are to be employed under the Public Sector Act 2022. 27 Alternative staffing arrangements (1) The chief executive officer may arrange with the chief executive of a department, a local government, a government entity or a government owned corporation, for the services of officers or employees of the department, local government, entity or corporation to be made available to the authority. (2) An officer or employee whose services are made available under subsection (1)— (a) continues to be an officer or employee of the department, local government, entity or corporation; and (b) continues to be employed or otherwise engaged by the department, local government, entity or corporation on the same terms and conditions applying to the officer or employee before their services were made available; and (c) is, for the period the services are made available and for the carrying out of the authority's functions, taken to be a member of the staff of the authority. Part 3 Queensland Reconstruction Board Division 1 Establishment and functions 28 The board The authority has a board of management (the Queensland Reconstruction Board). 29 Functions of board The functions of the board are as follows— (a) to set the strategic priorities for the authority; (b) to make recommendations to the Minister about— (i) priorities for community infrastructure, other property and community services needed for the protection, rebuilding and recovery of affected communities; and (ii) the need for the declaration of declared projects and reconstruction areas; (c) to ensure the authority performs its functions and exercises its powers in an appropriate, effective and efficient way. Division 2 Members 30 Membership of board (1) The board consists of the following persons (each a member)— (a) the chairperson; (b) 2 members nominated by the Commonwealth; (c) 1 member nominated by the Local Government Association of Queensland Ltd ACN 142 783 917; (d) at least 3 other members. (2) Each member must be appointed by the Governor in Council. (3) A member mentioned in subsection (1)(d) must have expertise and experience in engineering, finance, planning or another field the Minister considers appropriate for a member of the board. 31 Term of office Subject to this division, a member holds office for the term stated in the member's instrument of appointment. 32 Conditions of appointment (1) A member is to be paid the remuneration and allowances decided by the Governor in Council. (2) A member holds office on the terms and conditions, not provided by this Act, that are decided by the Governor in Council. 33 Vacancy in office of member (1) The office of a member becomes vacant if the member— (a) completes a term of office; or (b) resigns office by signed notice given to the Minister; or (c) is removed from office by the Governor in Council under subsection (2); or (d) is convicted of an indictable offence or an offence against this Act; or (e) is a person who is an insolvent under administration; or (f) becomes employed by, or becomes a contractor of, the authority. (2) The Governor in Council may at any time remove a member from office for any reason or none. Division 3 Chairperson 34 Role of chairperson The chairperson is responsible for leading and directing the activities of the board to ensure the board performs its functions appropriately. Division 4 Proceedings of the board 35 Time and place of meetings (1) The board may hold its meetings when and where it decides. (2) However, the board must meet at least 8 times each year. (3) The chairperson— (a) may at any time call a meeting of the board; and (b) must call a meeting if asked by at least 2 other members. 36 Quorum A quorum for a meeting of the board is a majority of the board members for the time being. 37 Presiding at meetings (1) The chairperson presides at all meetings of the board at which the chairperson is present. (2) If the chairperson is absent, the member chosen by the members present presides. 38 Conduct of meetings (1) Subject to this division, the board may conduct its proceedings, including its meetings, as it considers appropriate. (2) The board may hold meetings, or allow members to take part in meetings, by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meeting. (3) A member who takes part in a meeting of the board under subsection (2) is taken to be present at the meeting. (4) A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting. (5) If the votes are equal, the member presiding has a casting vote. (6) A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if— (a) at least half the members give written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the board. 39 Minutes and other records The board must keep— (a) minutes of its meetings; and (b) a record of any decisions and resolutions of the board. Division 5 Disclosure of conflict of interests and reporting requirements 40 Disclosure of conflict of interest (1) If— (a) a member has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the board; and (b) the interest appears to raise a conflict with the proper performance of the member's duties in relation to the consideration of the matter; the member must, as soon as possible after the relevant facts have come to the member's knowledge, disclose the nature of the interest at a meeting of the board. (2) Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose. (3) After a member has disclosed the nature of an interest in any matter, the member must not be present during any deliberation of the board about the matter, or take part in any decision of the board about the matter, unless the board otherwise decides. (4) For the making of a decision by the board under subsection (3), a member who has a direct or indirect pecuniary or other interest in a matter to which the disclosure relates must not— (a) be present during any deliberation of the board for the purpose of making the decision; or (b) take part in the making of the decision by the board. (5) A contravention of this section does not invalidate any decision of the board. (6) However, if the board becomes aware a member contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section. 41 Reporting by the board and chairperson (1) As soon as practicable after the end of each quarter, the board must give the Minister a report about the performance of the authority's functions and the exercise of its powers during the quarter. (2) Also, if the Minister asks the board for a report about the performance of the authority's functions and the exercise of its powers, the board must comply with the request. (3) The authority must keep a copy of each report given under subsection (1) or (2) on its website. (4) If the chairperson becomes aware of any matter the chairperson considers may adversely affect the authority's ability to perform its functions or exercise its powers, the chairperson must immediately give the Minister a report about the matter. Part 4 Declarations about declared projects, reconstruction areas and critical infrastructure projects Division 1 Declarations 42 Declaration of declared project (1) The Minister may declare a project for proposed development to be a declared project if the Minister is satisfied— (a) the project is to be undertaken in a part of the State that has been directly or indirectly affected by a disaster; and (b) the declaration is necessary to facilitate— (i) the protection, rebuilding and recovery of an affected community; or (ii) mitigating against potential disasters for an affected community; or (iii) improving the resilience of an affected community for potential disasters through, for example, the betterment of the community. (2) The declaration must be made by gazette notice. (3) The gazette notice must describe the land to which the declared project relates. Example of a description of land— a lot on plan description (4) Before declaring a declared project, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government's area. (5) The Minister may make the declaration on the Minister's own initiative or at the request of a local government. 43 Declaration of reconstruction area (1) A regulation (a declaration regulation) may declare a part of the State to be a reconstruction area. (2) However, the Minister must not recommend to the Governor in Council the making of a regulation under subsection (1) unless the Minister is satisfied— (a) the part of the State has been directly or indirectly affected by a disaster; and (b) the declaration is necessary to facilitate a matter mentioned in section 42(1)(b). (3) Before recommending to the Governor in Council the making of a declaration regulation, the Minister must have regard to the responsibilities of the relevant local government for matters about land use, and the giving of development approvals, for the local government's area. (4) A declaration regulation for a reconstruction area may declare that land in a part of the area is land (acquisition land) that is subject to section 100. Note— Under section 100, the owner may not dispose of acquisition land other than to the authority or a local government, and the authority or local government may be required to acquire acquisition land. (5) However, the Minister must not recommend to the Governor in Council the making of a declaration regulation for a reconstruction area that includes acquisition land unless the Minister is satisfied the declaration of the acquisition land is necessary for the carrying out of a reconstruction function of the authority. (6) If a declaration regulation declares land to be acquisition land, the declaration regulation must— (a) describe the acquisition land; and Example of a description of land— a lot on plan description (b) if the authority may be required to acquire the land under section 100—state that fact; and (c) if a local government may be required to acquire the land under section 100—state that fact and the name of the local government. (7) The declaration regulation must not state a local government for subsection (6)(c) without the agreement of the local government. (8) The Minister may recommend to the Governor in Council the making of a declaration regulation on the Minister's own initiative or at the request of a local government. 44 Notice about declaration of acquisition land (1) As soon as practicable after land is declared to be acquisition land, the authority must— (a) give each owner of the land a notice that— (i) states the land is subject to section 100; and (ii) states the entity that, under the section, may be required to acquire the land; and (iii) includes information about how the section affects the owner's dealing with the land; and (b) give the registrar of titles notice of the declaration. (2) A notice given under subsection (1) must include particulars of the land subject to the declaration. (3) The registrar of titles must keep records that show the land is subject to the declaration. (4) The registrar of titles must keep the records in a way that a search of the freehold land register will show the land is subject to the declaration. 45 Declaration of critical infrastructure project (1) This section applies if the Minister considers the undertaking of a declared project, or particular development in a reconstruction area, is critical or essential for the State for economic, environmental or social reasons. (2) The Minister may, by gazette notice, declare the project or development to be a critical infrastructure project. Note— For the application of the Judicial Review Act 1991 to a decision about declaring a critical infrastructure project, see section 61. Division 2 Relationship with particular Acts about local government 46 Relationship with the City of Brisbane Act 2010 or the Local Government Act 2009 (1) The declaration of a declared project or an area as a reconstruction area does not affect— (a) the operation of the City of Brisbane Act 2010 or the Local Government Act 2009 in relation to land the subject of the declared project or land in the reconstruction area; or (b) the area of the relevant local government; or (c) the jurisdiction, under the Acts, of the relevant local government. (2) However, the performance of the relevant local government's functions or the exercise of its powers under the Acts in relation to land the subject of the declared project or land in the reconstruction area is subject to the authority's functions or powers under this Act. Part 5 Particular powers for declared projects and development in reconstruction areas Division 1 Preliminary 47 Definitions for pt 5 In this part— applicant, for a prescribed decision or prescribed process, means the person seeking the decision or undertaking of the process under the relevant law for the decision or process. critical infrastructure project means a declared project or development in a reconstruction area the Minister declares, under section 45, to be a critical infrastructure project. decision-maker— (a) for a prescribed decision, means the entity that may make the decision under the relevant law for the decision; and Example of a decision-maker for paragraph (a)— an assessment manager (b) for a prescribed process, means the entity responsible for undertaking the process under the relevant law for the process. Example of a decision-maker for paragraph (b)— a referral agency declaration, for a declared project, means the declaration for the project made by the Minister under section 42. notice to decide see section 50(1). prescribed decision— 1 A prescribed decision means a decision, in relation to a declared project or development in a reconstruction area, required to be made under a law of the State, including, for example, a decision about the construction, undertaking, carrying out, establishment, maintenance or operation of a declared project or development in a reconstruction area. 2 However, a prescribed decision does not include a decision required to be made by the Governor in Council or a Minister. Example of a prescribed decision— a decision of an assessment manager on an application for a development approval prescribed process means a process, in relation to a declared project or development in a reconstruction area, required to be undertaken under a law of the State, including, for example, a process under the development assessment process under the Planning Act. progression notice see section 49(1). relevant law, for a prescribed decision or prescribed process, means the law, other than this Act, under which the decision may be made or the process undertaken. step-in notice see section 51(1). 48 Application of laws This part applies despite any other law. Division 2 Notices about declared projects and development in reconstruction areas Subdivision 1 Progression notice 49 Progression notice (1) The authority may, by notice (a progression notice) given to the decision-maker for a prescribed process, require the decision-maker to undertake, within the period stated in the notice, administrative processes required to complete the process. (2) The progression notice must— (a) identify the process; and (b) state the decision-maker must— (i) undertake the process within the stated period; and (ii) inform the authority of the completion of the process within 5 business days after it is completed. (3) On receiving the progression notice, the decision-maker must— (a) subject to subsection (5), undertake the prescribed process within the period stated in the notice for that purpose; and (b) inform the authority of the completion of the process within 5 business days after it is completed. (4) The authority may, by notice given to the decision-maker and without the decision-maker's agreement, extend the period for undertaking the prescribed process. (5) If the authority extends the period for undertaking the prescribed process under subsection (4), the decision-maker must undertake the process within the extended period. (6) Before giving a progression notice for a prescribed process, the authority must have regard to the requirements, if any, under the relevant law for undertaking the process. (7) Subject to this section, the relevant law for the prescribed process continues to apply to the undertaking of the process. Subdivision 2 Notice to decide 50 Notice to decide (1) The authority may, by notice (a notice to decide) given to the decision-maker for a prescribed decision, require the decision-maker to make the decision within the period stated in the notice. (2) The stated period must be at least— (a) 20 business days after the notice is given; or (b) if, under the relevant law for the prescribed decision, the decision-maker would, other than for this section, be required to make the decision within a period that is less than the period mentioned in paragraph (a)—the lesser period. (3) The notice to decide must— (a) identify the decision; and (b) state the decision-maker must— (i) make the decision within the stated period; and (ii) inform the authority of the decision within 5 business days after it is made. (4) On receiving the notice to decide, the decision-maker must— (a) subject to subsection (6), make the prescribed decision within the period stated in the notice for that purpose; and (b) inform the authority of the decision within 5 business days after it is made. (5) The authority may, by notice given to the decision-maker and without the decision-maker's agreement, extend the period for making the prescribed decision. (6) If the authority extends the period for making the prescribed decision under subsection (5), the decision-maker must make the decision within the extended period. (7) If the prescribed decision relates to an application for a development approval, or a change application other than a minor change application, the notice to decide may be given to the decision-maker only after the decision-making period for the application starts. (8) Before giving a notice to decide for a prescribed decision, other than a decision mentioned in subsection (7), the authority must have regard to the requirements, if any, under the relevant law for the decision about public notification of information or other matters in relation to the decision. (9) Subject to this section, the relevant law for the prescribed decision continues to apply to the making of the decision. (10) In this section— decision-making period means— (a) for an application for a development approval—the period, or extended period, allowed under the development assessment rules under the Planning Act for the assessment manager to decide the application; or (b) for a change application—the period, or extended period, allowed under the development assessment rules under the Planning Act for the responsible entity to decide the application. Subdivision 3 Step-in notice 51 Step-in notice (1) The authority may, with the approval of the Minister, give the decision-maker and applicant for a prescribed decision or a prescribed process a notice (a step-in notice) advising the decision-maker and applicant that the authority is to make an assessment and a decision about the prescribed decision or process under this subdivision. (2) Before deciding to approve the giving of a step-in notice, the Minister must be satisfied the giving of the notice is necessary to facilitate a matter mentioned in section 42(1)(b). (3) The step-in notice must— (a) identify the decision or process; and (b) state that the authority is the decision-maker for the prescribed decision or process from the time the notice is given until the authority makes a decision, under section 55, about the prescribed decision or process. 52 When step-in notice may be given (1) The authority may give a step-in notice for a prescribed decision or a prescribed process only after a progression notice or notice to decide has been given for the decision or process. (2) If a progression notice or notice to decide has been given for a prescribed decision or process, the step-in notice may be given— (a) at any time after the authority is satisfied the decision-maker has not complied with the progression notice or notice to decide, but before the decision-maker has undertaken the process or made the decision; or (b) if the decision-maker has complied with the progression notice or notice to decide—only if the applicant, by notice given to the authority within 10 business days after the applicant is notified of the decision, asks the authority to give a step-in notice for the decision. (3) Despite subsection (1), a step-in notice also may be given for a prescribed decision at any time after the decision is made until 10 business days after— (a) if an appeal against the decision has been started under the relevant law for the decision—the start of the appeal; or (b) otherwise—the expiry of the period, under the relevant law for the decision, for starting an appeal against the decision. (4) For subsection (2)(b), the step-in notice must be given to the decision-maker within a reasonable period after the authority receives the request. (5) In this section— appeal includes review. 53 Providing assistance or recommendations (1) The decision-maker for the prescribed decision or prescribed process must give the authority all reasonable assistance or materials it requires to act under this subdivision, including— (a) all material about the prescribed decision or process the decision-maker had before the step-in notice was given; and (b) any material received about the prescribed decision or process by the decision-maker after the step-in notice was given. (2) Without limiting subsection (1), the authority may, by notice, require the decision-maker to give the authority within the reasonable period stated in the notice a written report containing— (a) an assessment of matters, stated in the notice, relevant to the prescribed decision or process; or (b) recommendations about the assessment mentioned in paragraph (a), including, for example, recommendations about proposed conditions relevant to the prescribed decision or process. (3) Subsection (4) applies if, other than for the giving of the step-in notice, under the relevant law for the prescribed decision a local government could have imposed a condition, in relation to the decision, about infrastructure. (4) The local government may, before the authority makes a decision under section 55 about the prescribed decision, give the authority a written recommendation to impose the condition. 54 Effects of step-in notice (1) If the authority gives a step-in notice for a prescribed decision or prescribed process— (a) the authority is the decision-maker under the relevant law for the prescribed decision or process from the time the step-in notice is given until the authority makes a decision under section 55 about the prescribed decision or process; and (b) for making the decision, the authority has all the powers of the decision-maker under the relevant law for the prescribed decision or process; and (c) for making the decision, the authority must consider the following— (i) the criteria, if any, for making the prescribed decision or undertaking the prescribed process under the relevant law; (ii) the main purpose of this Act; and (d) if the prescribed decision or process relates to an application for a development approval or a change application, other than a minor change application— (i) the assessment manager or responsible entity for the application is taken, for the Planning Act, to be a referral agency for the application; and (ii) the functions and powers of a referral agency for the application (including a referral agency mentioned in subparagraph (i)) is, for the Planning Act, limited to the power to only give advice; and (e) if an appeal was made or was started in relation to the prescribed decision or process under the relevant law for the decision or process—the appeal is of no further effect; and (f) despite paragraph (a), the authority's decision about the prescribed decision or process is taken to be the exercise of a power or performance of a function of the authority under this Act. (2) In this section— appeal includes review. 55 Authority's decision (1) After making an assessment about the prescribed decision or prescribed process, the authority may— (a) if the decision has not been made or the process has not been undertaken by the decision-maker— (i) make the decision or undertake the process; or (ii) send back the decision or process, with or without conditions, to the decision-maker under the relevant law for the decision or process; or (iii) decide aspects of the decision and send back undecided aspects of the decision, with or without conditions, to the decision-maker under the relevant law for the decision; or (b) otherwise— (i) confirm or amend the decision; or (ii) cancel the decision and substitute a new decision. (2) In acting under subsection (1), the authority may, for the prescribed decision, impose conditions it considers necessary or desirable having regard to— (a) the nature of the declared project, or development in the reconstruction area, to which the decision relates; and (b) the matters mentioned in section 54(1)(c) the authority considered for the decision. (3) If the authority receives a recommendation under section 53(4) to impose a condition in relation to the prescribed decision, the authority must impose the condition unless the Minister directs otherwise. (4) For a condition imposed under this section, the authority may nominate an entity that is to have jurisdiction, under the relevant law for the prescribed decision, for the condition. (5) An entity may be nominated for 1 or more of the conditions. (6) If the authority nominates an entity under subsection (4), the authority must give each of the following notice of the nomination— (a) the entity; (b) the decision-maker and the applicant for the prescribed decision. (7) Subject to this subdivision, the relevant law for the prescribed decision or process applies to the making of the authority's decision under this section. 56 Effects of decision (1) The authority's decision under section 55 about the prescribed decision or prescribed process, including a decision to impose a condition— (a) is taken to be a decision of the decision-maker (the original decision-maker) under the relevant law for the prescribed decision or process but a person may not appeal against the authority's decision under this Act or the relevant law; and (b) takes effect when the applicant for the prescribed decision or process and the original decision-maker are given notice under section 57(1) of the authority's decision. (2) A condition imposed by the original decision-maker in relation to the prescribed decision is of no effect to the extent it is inconsistent with a condition imposed by the authority. (3) If the original decision-maker makes another prescribed decision for the declared project, or development in the reconstruction area, to which the step-in notice relates, the other prescribed decision must not be inconsistent with the authority's decision. 57 Notice of decision (1) The authority must give notice of its decision under section 55 about the prescribed decision or prescribed process to— (a) the applicant and decision-maker for the prescribed decision or process; and (b) each entity nominated by the authority to have jurisdiction for a condition in relation to the prescribed decision or process. (2) The authority must also give notice of its decision under section 55 about the prescribed decision to the local government for the land to which the prescribed decision relates if— (a) the prescribed decision is a decision on an application for a development approval or a change application; and (b) the local government is not the decision-maker for the prescribed decision. (3) A notice under this section must include— (a) the reasons for the authority's decision; and (b) the conditions, if any, imposed under section 55(2) in relation to the decision. 58 Report about decision (1) The authority must prepare a report about each step-in notice given for a prescribed decision or prescribed process. (2) The authority must include the following in the report— (a) a copy of the step-in notice; (b) details of each entity nominated, under section 55(4), to have jurisdiction for a condition in relation to the prescribed decision or process; (c) a copy of the notice, given under section 57(1), of the authority's decision; (d) other details about the authority's decision required by the Minister. (3) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after notice is given under section 57(1) of the authority's decision. Division 3 Other matters 59 Recovering cost of advice or services (1) This section applies if, in making an assessment under this part about a prescribed decision or prescribed process, the authority obtains from another entity advice or services the authority considers necessary to make the assessment. (2) The authority may recover from the applicant for the prescribed decision or process as a debt the reasonable cost of obtaining the advice or services. 60 No requirement to consult on particular actions The authority is not required to consult with anyone before giving a progression notice or notice to decide under this part. 61 Application of Judicial Review Act 1991 The Judicial Review Act 1991, parts 3 and 5, other than section 41(1), do not apply to— (a) a decision of the Minister to declare— (i) a declared project or development in a reconstruction area to be a critical infrastructure project; or (ii) a declared project if the project is a critical infrastructure project; or (b) a decision of the authority to give a progression notice, notice to decide or a step-in notice for a critical infrastructure project; or (c) the authority's decision under section 55 about a prescribed decision or prescribed process for a critical infrastructure project; or (d) a decision or conduct leading up to or forming part of the process of making a decision mentioned in paragraph (a), (b) or (c). Note— The Judicial Review Act 1991, part 3 deals with statutory orders of review, and part 5 deals with prerogative orders and injunctions. Part 6 Development schemes Division 1 Making development schemes 62 Authority may make development scheme (1) Subject to the other provisions of this division, the authority may make a development scheme for a declared project, a reconstruction area or part of a reconstruction area. (2) The development scheme is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act. 63 Content of development scheme (1) The development scheme may provide for any matter that the authority considers will promote the proper and orderly planning, development and management of the declared project or reconstruction area. (2) The development scheme must include— (a) a land use plan regulating development for the project or in the area; and (b) a plan for infrastructure for the project or in the area; and (c) an implementation strategy to achieve each reconstruction function of the authority for the project or in the area, to the extent it is not achieved by the land use plan or the plan for infrastructure. (3) Without limiting subsection (2)(a), the land use plan may— (a) provide for any matter about which a planning instrument may provide; or (b) categorise development for the project or in the area to be accepted development, assessable development or prohibited development for the Planning Act; or (c) state whether development categorised as assessable development by the plan requires code assessment or impact assessment under the Planning Act; or (d) state assessment benchmarks for the Planning Act that assessable development under the plan must be assessed against; or (e) state whether particular development for the project or in the area is consistent or inconsistent with the plan. (4) In making the development scheme, the authority must consider, but is not bound by, a requirement under any of the following relevant to the project or area— (a) a planning instrument; (b) assessment benchmarks prescribed by a regulation made under the Planning Act; (c) assessment benchmarks made under another Act for the Planning Act. 64 Development scheme may make provision for particular assessable development (1) A development scheme may provide that development categorised as assessable development under a regulation made under the Planning Act is not assessable development for a declared project or a part of a reconstruction area. (2) If a development scheme provides that development is not assessable development for the declared project or a part of a reconstruction area, the development is not assessable development under the Planning Act for the declared project or part. (3) A development scheme may provide that an entity that, but for the development scheme, would be a referral agency for a development application or change application for the declared project or reconstruction area, is not a referral agency for the development application or change application. (4) If a development scheme provides that an entity is not a referral agency for a development application or change application, the entity is not a referral agency for the application under the Planning Act. 65 Preparation of proposed development scheme Before preparing a proposed development scheme, the authority must— (a) consult, in the way it considers appropriate, with the relevant local government; and (b) make reasonable endeavours to consult, in the way it considers appropriate, with any of the following the authority considers will be likely to be affected by a development scheme for the declared project or reconstruction area— (i) a government entity or GOC; (ii) a person or other entity. 66 Public notification (1) After preparing the proposed development scheme, the authority must— (a) publish the proposed scheme on its website; and (b) in a gazette notice— (i) state that the proposed scheme may be inspected on the authority's website; and (ii) invite anyone to make submissions on the proposed scheme within a stated period fixed by the authority (the submission period); and (c) publish a notice to the same effect as the gazette notice at least once in a newspaper circulating in the area of the relevant local government. (2) The submission period must be at least 30 business days. 67 Submissions on proposed scheme Anyone may make submissions about the proposed development scheme within the submission period. 68 Consideration of submissions (1) The authority must consider any submissions received within the submission period. (2) Subsection (1) does not prevent the authority from considering a submission made to it after the submission period has ended. 69 Amendment of proposed scheme (1) After complying with section 68, the authority may amend the proposed development scheme in any way it considers appropriate. (2) If the authority considers the amendment significantly changes the proposed scheme, it must re-comply with sections 66 and 68 for the amended scheme. 70 Initial making and submission of scheme (1) The authority must, as soon as practicable after complying with sections 68 and 69, make the development scheme (the submitted scheme) and give it to the Minister. (2) The submitted scheme must be accompanied by a report that— (a) summarises the submissions considered by the authority; and (b) is about— (i) the merits of the submissions; and (ii) to what extent the proposed development scheme was amended to reflect the submissions. 71 Notice of submitted scheme The authority must, as soon as practicable after giving the Minister the submitted scheme, give each person (a submitter) who made a submission received within the submission period about the scheme a notice stating that— (a) the scheme has been made and submitted to the Minister; and (b) the authority's report about the submitted scheme can be inspected on its website; and (c) if the submitter is an affected owner for the relevant declared project or reconstruction area—the submitter may, within 20 business days after receiving the notice, ask the Minister to amend the submitted scheme to protect the owner's interests. 72 Ministerial power to amend submitted scheme at affected owner's request (1) The Minister may amend the submitted scheme in a way the Minister considers appropriate to protect an affected owner's interests. (2) However, the amendment may be made only if— (a) the affected owner has, within 20 business days after being given notice of the submitted scheme under section 71, asked the Minister to amend it to protect the owner's interests; and (b) the amendment is made within 40 business days after the submitted scheme was given to the Minister. 73 Direction to authority to engage again in public notification and submissions If the Minister considers an amendment of the submitted scheme significantly changes the submitted scheme, the Minister must give the authority a written direction to re-comply with sections 66, 68, 69 and 70 for the submitted scheme as amended. 74 When proposed scheme takes effect The development scheme does not take effect until it has been approved under a regulation. 75 Notice of development scheme The authority must, as soon as practicable after the development scheme takes effect— (a) publish the scheme on its website; and (b) publish, at least once in a newspaper circulating in the area to which the development scheme applies, a notice stating that— (i) the scheme has been approved; and (ii) the scheme may be inspected on the authority's website; and (c) give each person who made a submission received within the submission period about the scheme a notice stating that— (i) the scheme has been approved; and (ii) the authority's report about the scheme can be inspected on its website. Division 2 Amendment, tabling and inspection of development schemes 76 Authority may amend development scheme (1) The authority may amend a development scheme only if procedures under division 1 for making a development scheme have been followed. (2) Division 1 applies to the amendment as if— (a) a reference in the division to making a development scheme were a reference to the making of the amendment; and (b) a reference in the division to a proposed development scheme were a reference to the proposed amendment. 77 Tabling and inspection requirement (1) This section applies if— (a) a regulation under this part approves a development scheme or an amendment of a development scheme; and (b) the development scheme or amendment is not part of, or attached to, the regulation. (2) The Minister must, when the regulation is tabled in the Legislative Assembly under the Statutory Instruments Act 1992, section 49, also table a copy of the development scheme or amendment. (3) A failure to comply with this section does not invalidate or otherwise affect the regulation. Division 3 Effect of development scheme on other instruments 78 Relationship with other instruments (1) If there is a conflict between a development scheme and any of the following instruments, the development scheme prevails to the extent of the inconsistency— (a) a planning instrument; (b) assessment benchmarks prescribed by a regulation made under the Planning Act; (c) assessment benchmarks made under another Act for the Planning Act. (2) A development scheme may suspend or otherwise affect the operation of a planning instrument, but does not amend the planning instrument. Division 4 Relationship with Planning Act Subdivision 1 Preliminary 79 Application of sdivs 2 and 3 Subdivisions 2 and 3 apply to the following applications (each a relevant application)— (a) a development application for development in the area (the scheme area) to which a development scheme for a declared project or a reconstruction area, or part of a reconstruction area, applies; (b) a change application to change a development approval that already approves particular development in the scheme area; (c) a change application to change a development approval— (i) to approve particular development in the scheme area; and (ii) that does not already approve particular development in the scheme area. Subdivision 2 Assessing relevant applications 80 Assessment of development applications (1) This section applies to a relevant application that is a development application. (2) A referral agency for the application must assess the application having regard to the development scheme. (3) The assessment manager for the application must assess the application against the matters stated in the development scheme as assessment benchmarks for the Planning Act for the application. (4) This section does not limit the Planning Act, sections 45, 55, 60 and 61. (5) In this section, a reference to the development scheme is a reference to the development scheme in effect when the application was properly made under the Planning Act. (6) However, an entity mentioned in subsection (2) or (3) may give the weight that the entity considers is appropriate, in the circumstances, to any amendment or replacement of the development scheme that came into effect after the application was properly made under the Planning Act. 81 Assessment of change applications (1) This section applies to a relevant application that is a change application. (2) The responsible entity for the application must assess the application against the development scheme. (3) This section does not limit the Planning Act, sections 81, 81A and 82. (4) In this section, a reference to the development scheme is a reference to the development scheme in effect when the application was made. (5) However, the responsible entity for the application may give the weight the entity considers is appropriate, in the circumstances, to any amendment or replacement of the development scheme that came into effect after the application was made. Subdivision 3 Deciding relevant applications 82 Restriction on approving relevant application (1) A relevant application must not be approved under the Planning Act to the extent the development the subject of the application is inconsistent with the land use plan for the development scheme, unless— (a) a preliminary approval under the Planning Act is in force for the land on which the development is to be carried out; and (b) the development is consistent with the preliminary approval. (2) To remove any doubt, it is declared that subsection (1) does not require the application to be approved under the Planning Act only because subsection (1)(a) and (b) applies. 83 [Repealed] Subdivision 4 [Repealed] 84 [Repealed] 85 [Repealed] 86 [Repealed] 87 [Repealed] 88 [Repealed] Subdivision 5 Existing uses 89 Lawful use of premises protected (1) This section applies if, immediately before the taking of effect of a development scheme, or of an amendment of a development scheme, the use of premises to which the scheme relates was a lawful use of the premises. (2) Neither the development scheme nor the amendment can— (a) stop the use from continuing; or (b) further regulate the use; or (c) require the use to be changed. (3) In this section— lawful use, of premises, includes— (a) a use that is generally in accordance with a current rezoning approval given under— (i) the repealed Local Government Act 1936, section 33(5)(k), to which section 33(5)(m) of that Act also applied; or (ii) the repealed Local Government (Planning and Environment) Act 1990, section 4.5(6), 4.8(6), 4.10(6) or 8.10(9A); and (b) a use that is a natural and ordinary consequence of making a material change of use of the premises if the change was lawfully made under the Planning Act, the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997. material change of use, of premises, see the Planning Act, schedule 2. 90 Lawfully constructed buildings and work protected To the extent a building has been lawfully constructed or work lawfully carried out, neither a development scheme nor an amendment of a development scheme can require the building or work to be altered or removed. 91 New instruments can not affect existing development approval (1) This section applies if— (a) a development approval exists for premises; and (b) after the approval is given, a new development scheme or amendment of a development scheme commences. (2) To the extent the approval has not lapsed, neither the development scheme nor the amendment can stop or further regulate the development, or otherwise affect the approval. 92 Minister's power to amend development approval (1) The Minister may, by a notice given to the assessment manager and the holder of an existing development approval for development in a reconstruction area for which there is a development scheme, amend the development approval if satisfied the amendment is necessary for the carrying out of a reconstruction function of the authority. (2) For the Planning Act, any amendment of a development approval under subsection (1)— (a) is taken to be a part of the approval; and (b) is taken to have been made by the assessment manager for the development approval; and (c) takes effect when the notice under subsection (1) is given. (3) If an assessment manager is given a notice under subsection (1), the assessment manager must comply with the requirements under the Planning Act about giving public access to development approvals, as if the notice were a development approval. (4) If there is an inconsistency between the amendment and the development approval, the amendment prevails to the extent of the inconsistency. (5) This section applies despite sections 89, 90 and 91. (6) In this section— existing, for a development approval, means a development approval in effect for development in a reconstruction area, or part of a reconstruction area, immediately before a development scheme takes effect for the area or part. Subdivision 6 Designations of premises under Planning Act for development of infrastructure 93 Designation of premises—development scheme (1) To remove any doubt, it is declared that— (a) the planning Minister or a local government may make a designation under the Planning Act, chapter 2, part 5 of premises in, or partly in, the area to which a development scheme applies; and (b) a designation of premises under the Planning Act that is in force immediately before a development scheme takes effect for all or part of the premises continues in force despite the development scheme taking effect. (2) Development carried out on premises that are the subject of a designation under the Planning Act is accepted development to the extent the development— (a) is carried out under the designation; and (b) would, other than for this subsection, be assessable development under a development scheme. (3) Subsection (2) does not limit the Planning Act, section 44(6)(b). (4) In this section— planning Minister means the Minister administering the Planning Act. 94 [Repealed] Subdivision 7 Miscellaneous provision 95 Planning and Environment Court may make de