Fact sheet
Local Government Electoral (Transparency and Accountability in Local
Government) and Other Legislation Amendment Bill 2016
On 1 December 2016, the Deputy Premier and Minister for Infrastructure, Local Government and
Planning and Minister for Trade and Investment, Hon Jackie Trad MP, introduced the Local Government
Electoral (Transparency and Accountability in Local Government) and Other Legislation Amendment Bill
2016 (LGEAOLA Bill).
The objectives of the LGEAOLA Bill, as set out in the explanatory notes, are to:
1. improve transparency and accountability in local government electoral disclosure requirements and
to remove any confusion
2. clarify that the Electoral Commission of Queensland may continue to recover direct and indirect costs
associated with local government elections
3. make amendments to planning and building legislation to give early effect to planning reforms
contained in the Planning Act 2016 (Planning Act) and Planning and Environment Court Act 2016,
make various technical and clarifying amendments, and address issues arising from several court
decisions concerning development approval for building work.
The LGEAOLA Bill also proposes to make a number of other amendments to the Planning Act to
address various technical matters. Many of the proposed amendments have been identified during
consultation and training undertaken by the department in readiness for the commencement of the new
Planning Act.
The planning reforms brought forward by the LGEAOLA Bill in amendments to the Sustainable Planning
Act 2009 are:
 enabling temporary local planning instruments to have immediate effect from when the local
government’s resolution is made, if the minister approves
 cost provisions in the Planning and Environment Court Act 2016, where each party bears their own
costs in a court proceeding
 increased maximum penalty for various offences from 1665 penalty units ($202,963) to 4500 penalty
units ($548,550).
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LGEAOLA Bill
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Fact sheet
Local Government Electoral (Transparency and Accountability in Local
Government) and Other Legislation Amendment Bill 2016
The following is a brief summary of the proposed Planning Act amendments:
Planning Act proposed
amendments/changes
Section 19 (applying
planning scheme in tidal
areas)
Details of proposed LGEAOLA Bill amendment/change

Clause 32 replaces section 19 of the Planning Act to give effect to several
changes and clarifications about the application of planning schemes in tidal
areas.

Clause 33 proposes amendments to re-instate an inadvertently omitted
provision currently in the Sustainable Planning Act 2009 – to allow the minister
the option, in deciding an assessment manager under the regulation, to direct
the application be split into two or more applications.

Clause 34 proposes to amend section 49(6) of the Planning Act to clarify the
scope of the definition of decision notice in relation to a development approval.
The amendment clarifies that a decision notice includes a negotiated decision
notice, other than a decision notice given for a change application (other than
for a minor change).

Clause 35, 36 and 58 propose amendments which would allow the standard
conditions for deemed approvals to be made as a document separate from the
development assessment rules (DA Rules).
The proposed arrangements for the minister to make the standard conditions
involve the same level of accountability as for making the development
assessment rules – i.e. the process for making or amending a state planning
policy applies. However, unlike the development assessment rules, it would be
unnecessary to approve the standard conditions under a regulation.
Section 48 (who is the
assessment manager)
Section 49 (what is a
development approval,
preliminary approval or
development permit)
Standard conditions for
deemed approval



Section 64 (deemed
approval of
development
applications),
Section 68
(development
assessment rules), and
Schedule 2 (dictionary)

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Fact sheet
Local Government Electoral (Transparency and Accountability in Local
Government) and Other Legislation Amendment Bill 2016
Planning Act proposed
amendments/changes
Details of proposed LGEAOLA Bill amendment/change

Clause 37 proposes to insert a new section – 73A – which establishes the
circumstances under the Planning Act in which preliminary approval given
under the Sustainable Planning Act 2009 is required in relation to an application
for a development permit for building work made to a private certifier. Section
73A also clarifies that the development permit given by the private certifier does
not authorise the part dealt with by the preliminary approval until the preliminary
approval is in effect. The new section 73A is similar to, and consistent with, the
new section 245A inserted in the Sustainable Planning Act 2009 under clause
71 of the LGEAOLA Bill. This amendment works together with amendments to
section 83(1)(b) of the Building Act 1975 in clause 65 of the LGEAOLA Bill, that
give ongoing effect to section 73A to require a separate development permit
under these circumstances for applications made after commencement.

Clause 38 proposes to amend section 74 of the Planning Act to facilitate
negotiated decision notices being sought for approvals for non-minor change
applications (change applications under section 82 of the Planning Act).
Clause 39 proposes to amend section 75 of the Planning Act for clarity, and for
consistency, with the other proposed amendments that relate to the standard
conditions of a deemed approval under clause 34 of the LGEAOLA Bill.
Clause 40 proposes to omit a redundant note from section 76 of the Planning
Act. This note is not required as the timeframes set out for considering change
representations are included in the Planning Act and not in the DA Rules.
Insertion of new section
73A (development permits
for building work given by
private certifiers)
Change representations



section 74 (what this
subdivision is about)
section 75 (making
change
representations)
section 76 (deciding
change
representations)


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Fact sheet
Local Government Electoral (Transparency and Accountability in Local
Government) and Other Legislation Amendment Bill 2016
Planning Act proposed
amendments/changes
Details of proposed amendment/change
Change applications





section 79
(requirements for
change applications)
section 81 (assessing
and deciding
application for minor
changes)
section 82 (assessing
and deciding
application for other
changes)
section 83 (notice of
decision)




Ministerial call-ins



section 103 (call in
notice)
section 104 (effect of
call-in notice)
section 105 (deciding
called in application)


Clause 41 proposes to amend section 79 of the Planning Act to require a
change application to be made in the approved form.
Clause 42 proposes to amend section 81 of the Planning Act to extend the
requirement to consider submissions made about a development application to
apply, not only to considering a minor change application made in relation to an
approval for the development application, but also to a minor change
application made in relation to a non-minor change to the original approval.
Clause 43 proposes to amend section 82 of the Planning Act to provide that
properly made submissions for development applications are also taken to be
properly made submissions for any non-minor change application made within
12 months after the approval of the development application.
Clause 44 proposes to amend section 83 of the Planning Act to address an
omission, by establishing when a decision notice about a non-minor change
application must be given to submitters.
Clause 45 proposes to amend section 103 of the Planning Act to clarify that, if
the minister calls in an application after it is decided, the minister reassesses
and re-decides the application.
Clause 46 proposes to amend section 104 of the Planning Act to clarify that
only a decision made by a decision-maker about a called in application
becomes void if the application is called in. The current wording is
unintentionally broad.
Clause 47 proposes to amend section 105 of the Planning Act to clarify that, if
the minister calls in an application after it is decided, the minister reassesses
and re-decides the application.
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Local Government Electoral (Transparency and Accountability in Local
Government) and Other Legislation Amendment Bill 2016
Planning Act proposed
amendments/changes
Details of proposed amendment/change
Infrastructure


section 112 (regulation
prescribing charges)
section 115
(provisions for
participating local
governments and
distributer-retailers)
Dispute resolution



section 230 (notice of
Appeal)
section 231 (other
appeals)
section 249 (conduct of
tribunal proceedings)





Clause 48 proposes to amend section 112 of the Planning Act to clarify the
means of calculating a percentage increase in an infrastructure charge.
Clause 49 proposes to amend section 115 of the Planning Act to require both a
local government and a distributer-retailer that are parties to a breakup
agreement to keep a copy of the agreement on their websites.
Clause 50 proposes to amend section 230 of the Planning Act to allow for a
notice of appeal to be served on the chief executive by email. Currently copies
of originating applications are required to be served in person or by post.
Clause 51 proposes to amend section 231 of the Planning Act to clarify its
scope.
Clause 52 proposes to amend section 249 of the Planning Act to address an
inconsistency in the ability of a tribunal to decide how it is to conduct
proceedings.
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Local Government Electoral (Transparency and Accountability in Local
Government) and Other Legislation Amendment Bill 2016
Planning Act proposed
amendments/changes
Transitional provisions
and repeal




section 287 (statutory
instruments)
section 289 (references
to the old Act or
provisions of the old
Act)
section 297
(categorising
development under
designations)
Insertion of new
section 307A
(application to convert
infrastructure to trunk
infrastructure)
Schedule 1 (appeals)
Schedule 2 (dictionary)
Details of proposed amendment/change




Clause 53 proposes to amend section 287 of the Planning Act to clarify that the
section applies to processes for designating land for community infrastructure
started but not completed before the commencement. A designation is a
decision rather than a statutory instrument, so the intended application of
section 249 to designations may be unclear.
Clause 54 proposes to make two minor clarifying amendments to section 289 of
the Planning Act.
Clause 55 proposes to amend section 297 of the Planning Act to broaden its
scope to encompass processes for making designations for community
infrastructure started but not completed before the commencement.
Clause 56 proposes to insert a new section in the Planning Act to establish
transitional arrangements for conversion applications in relation to existing
development approvals at the commencement of the new Planning Act.

Clause 57 proposes amends schedule 1 of the Planning Act to correct an
omission in Table 2, item 2, paragraph A.

Clause 58 proposes to amend the following terms in schedule 2 of the Planning
Act:
o
To include a definition of prescribed tidal works referencing the Coastal
Act, consistent with amendments to section 19 of the Planning Act under
clause 31 of the LGEAOLA Bill.
o
To extend the definition of required fee to allow the Planning and
Environment Court to establish fees for applications as well as appeals.
o
For consistency with changes to the treatment of standard conditions
under clauses 34 and 35 of the LGEAOLA Bill.
o
To omit a redundant sub-paragraph in the definition of building work.
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Local Government Electoral (Transparency and Accountability in Local
Government) and Other Legislation Amendment Bill 2016
Planning and Environment
Court Act 2016

The Planning and Environment Court Act 2016 provides for each party paying
their own costs in proceedings, except in specific circumstances (for example,
where a judge considers a proceeding was frivolous or vexatious).
For more details about the Local Government Electoral (Transparency and Accountability in Local
Government) and Other Legislation Amendment Bill 2016, please see the Queensland Parliament
website:
http://www.parliament.qld.gov.au/work-of-committees/committees/IPNRC/inquiries/currentinquiries/LGETALOLAB.
Printed 13 December 2016
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