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Infrastructure Charges Notices Validated

Queensland Parliament has passed the Economic Development and Other Legislation Amendment (EDOLA) Bill 2019. Which included an amendment to the Planning Act 2016 validating infrastructure charge notices (ICNs) issued under the repealed SPA since July 2014.  This change removes the requirement for a submitter appellant to serve a notice of appeal to all other submitters to the development application.

This amendment largely resulted from City of Gold Coast not providing an ‘Information Notice” as part of the relevant Infrastructure Charges Notice as per the repealed Sustainable Planning Act 2009. The validity of this practice was challenged in the Planning and Environment Court.

In addition to this amendment, the EDOLA Bill 2018 includes:

  • Building Queensland Act 2015 - in response to the report an Administrative Review of Building Queensland’s Operating Arrangements
  • Economic Development Act 2012– seek to improve the alignment between this Act and the Planning Act 2016
  • Planning and Environmental Court Act 2016 - allows the Planning & Environment Court to refer matters for private mediation
  • Queensland Reconstruction Authority 2011– expanding the remit of the QRA to cover all natural disasters and facilitates the “betterment” of community infrastructure
  • Sanctuary Cove Resort Act 1985 - to enable development of retirement villages and/or residential care facilities
  • Southern Moreton Bay Islands Development Entitlements Protection Act 2004 Act to be repealed

Any questions regarding the EDOLA Bill 2018 can be made to Policy Executive Robert Tily on rtily@udiaqld.com.au.