Amendments to the Integrated Planning Act for QWI

[westholme]

Amendments to the Integrated Planning Act 1997 as introduced in State Parliament on the 14th March underCOMMUNITY AMBULANCE COVER AND OTHER ACTS AMENDMENT BILL 2007

Community Ambulance Cover and Other Acts Amendment Bill
Introduced by: Deputy Premier, Treasurer and Minister for Infrastructure (Ms Bligh)
Date: 14 March 2007
General Outline

Policy Objectives

To amend the Community Ambulance Cover Act 2003 to ensure appropriate imposition of the Community Ambulance Cover levy on commencement of full retail competition (FRC) in the energy industry.
To amend the Electricity Act 1994 and Electricity and Other Legislation Amendment Act 2006 to make minor and technical legislative corrections and cease development of a retailer of last resort (ROLR) scheme for the Queensland gas market.

To amend the Breakwater Island Casino Agreement Act 1984 in relation to land tenure arrangements.

To amend the Lotteries Act 1997 to clarify and strengthen the provisions relating to the payment of prizes.

To amend the State Financial Institutions and Metway Merger Facilitation Act 1996 to accommodate the Merger Implementation Agreement between Suncorp-Metway and Promina.

To amend the Integrated Planning Act 1997 to provide Queensland Water Infrastructure Pty Ltd with exemptions for reconfigurations for part-takes of land acquired by agreement from landowners for those projects which that company is directed to undertake under either the Water Act 2000 or the State Development and Public Works Organisation Act 1971.


Reasons for the Bill

Under the Community Ambulance Cover Act 2003, the Community Ambulance Cover levy (the levy) is collected by electricity retailers as agents for the Commissioner of State Revenue. Electricity accounts issued by electricity retailers to their customers include a statement of levy liability for each electricity sale arrangement to which the account relates.

The Electricity and Other Legislation Amendment Act 2006 .....etc........

The Breakwater Island Casino Agreement Act 1984 .......etc...............

The Lotteries Act 1997 ..........etc....................

The State Financial Institutions and Metway Merger Facilitation Act 1996......etc......

The Integrated Planning Act 1997 will be amended to facilitate voluntary agreement for part-takes of land by Queensland Water Infrastructure Pty Ltd (QWI) for those projects which that company is directed to undertake under either the Water Act 2000 or the State Development and Public Works Organisation Act 1971.



Part 8 Amendment of Integrated
Planning Act 1997

Clause 58 Act amended in pt 8
-This part amends the Integrated Planning Act 1997.

Clause 59 Amendment of s 3.7.8 (When pt7 does not apply)
-Section 3.7.8(1)—
insert—
‘(e) the acquisition of land for a water infrastructure
facility.’.


Clause 60 Amendment of sch 8 (Assessable development and self-assessable development)
-Schedule 8, part 1, table 3, item 1, column 2—
insert—
‘(j) is in relation to the acquisition of land for a water
infrastructure facility.’.

Clause 61 Amendment of sch 9 (Development that is exempt from
assessment against a planning scheme)
Schedule 9, table 3, item 2, column 2—
insert—
‘(i) is in relation to the acquisition of land for a water
infrastructure facility.’.

Clause 62 Amendment of sch 10 (Dictionary)
Schedule 10—
insert—
‘water infrastructure facility' means a measure, outcome,
works or anything else that Queensland Water Infrastructure
Pty Ltd (ACN 119 634 427) is directed to carry out or achieve
under—
(a) the State Development and Public Works Organisation
Act 1971; or
(b) the Water Act 2000.’.
_________________
CESARE LOMBROSO "The ignorant man always adores what he cannot understand"

[Shirley E]

Good find Westholme!
They are cunning little tykes. Notice the reason paragraph and the objective paragraphs read the same. Perhaps "reason" is a word the dam planners fail to understand?

[westholme]

Amendment effectively allows QWI to enforce the below under the Water Act 2000:-


Part 7 Catchment areas

258 Declaring catchment areas

For preserving the quality of water, a regulation may declare
an area to be a catchment area.


259 Regulating land use in catchment area

(1) The regulation may regulate—

(a) the use of land in the catchment area, or a part of the
area, identified in the regulation; and
(b) the construction and use of buildings and structures on
the land.

(2) To the extent that a planning scheme under the Integrated
Planning Act 1997 or a local law is inconsistent with the
regulation, the planning scheme or local law is ineffective.

(3) To the extent that a development approval under the
Integrated Planning Act 1997 is inconsistent with the
regulation, the development approval is ineffective.

(4) The regulation does not affect a person’s power under this or
another Act to take action to protect the quality of water in the
catchment area.


In one of the latest Taskforce newsletter you may have read the small part said
QUOTE:-
NO CATCHMENT POWERS PROPOSED

There is no intention by the Department of Natural Resources and Water to extend the declared catchment powers under the Water Act to the proposed Traveston Crossing Dam.

In a report to the Community Futures taskforce DNR&W reaffirmed it's previous announcements that there was no intention to take up the powers.
The Department has advised that broader matters of land use in catchments of major dams may be considered in Local Government Planning Schemes or under the Environmental Protection Legislation.
END QUOTE.

Last I heard QWI wasn't DNR, but irrespective of that, QWI now, thanks to the recent Amendments (outlined above), have the power to enforce anything they please via the Water Act 2000, including landuse restrictions for water quality beyond the buffer of Stage 1 & 2.
The EPA also have very similar restriction guidelines that can also be enforced.

Sneaky to hide such amendments away in the 'Community Ambulance Cover and Other Acts Amendment Bill' and then pretend it is to make subdivision processes easier for QWI and their land acquisitions.
_________________
CESARE LOMBROSO "The ignorant man always adores what he cannot understand"

[car2522]

You call yourself a simple beef farmer, Westie. No way you are a search engine in your own right.
_________________
" Bliar Bliar Pants on Fire. If you were Pinocchio we could use your nose to build the pipeline."

[westholme]

Thanks guys. Mind you, the above amendments don't really allude to them enforcing declared catchment, but there are land use planning regulations involved in Subdivision and Lot reconfiguration, especially under the 'assessable development' grounds. That brings the EPA into it also with their ERA's and contaminated land uses etc..
It does make me wonder though....currently DNR orchestrates the Water Act 2000 as a concurrence agency. DNR were the agency to enforce anything that falls under the W. Act 2000. This new meaning in the IPA Dictionary 'water infrastructure facility' puzzles me. Does it mean that QWI don't have go through a concurrence agency/DNR to extend powers under the Water Act 2000 anymore? Can QWI wield those powers now on their own? Scarey.
And how long will it be before we start seeing more amendments to the Water Act, State Development Act & Integrated Planning Act in order to incorporate the words 'water infrastructure facility'?
As the new meaning states quite clearly.

‘water infrastructure facility' means a measure, outcome,
works or anything else that Queensland Water Infrastructure
Pty Ltd (ACN 119 634 427) is directed to carry out or achieve
under—
(a) the State Development and Public Works Organisation
Act 1971; or
(b) the Water Act 2000.’.

That's even scarier. God forbid it also turns up in the Environmental Protection Act...............

_____________________________________________________________

Below is the parts of the Integrated Planning Act that are Amended to have the new inclusions from the Ambulance Cover and Other Amendment Bill.

Part 7 Plans of subdivision


pt 7
3.7.7 Local government approval subject to other Act

A requirement under this part for the local government to
approve the plan has effect subject to any requirements of the
Act under which the plan is to be registered or otherwise
recorded.

*************



3.7.8 When pt 7 does not apply

(1) This part does not apply to a plan (however called) for the
reconfiguration of a lot if the reconfiguration is in relation
to—

(a) the acquisition, including by agreement, under the
Acquisition of Land Act 1967, of land by a constructing
authority, as defined under that Act, or an authorised
electricity entity, for a purpose set out in the schedule of
that Act; or
(b) the acquisition by agreement, other than under the
Acquisition of Land Act 1967, of land by a constructing
authority, as defined under that Act, or an authorised
electricity entity, for a purpose set out in the schedule of
that Act; or
(c) land held by the State, or a statutory body representing
the State, for a purpose set out in the Acquisition of Land
Act 1967, schedule, whether or not the land relates to an
acquisition; or
(d) a lot comprising strategic port land as defined under the
Transport Infrastructure Act 1994.
insert CLAUSE 59 of Amendment here
(e) the acquisition of land for a water infrastructure
facility

(2) Also, this part does not apply to a plan lodged under the
Acquisition of Land Act 1967, section 12A,76 as a result of a
reconfiguration of a lot mentioned in subsection (1)(a).
(3) If, under subsection (1) or (2), this part does not apply to a
plan, the Land Title Act 1994, sections 50(g) and (h) and
83(2)77 do not apply to the registration of the plan.

******************

Schedule 8 Assessable development and
self-assessable development

Part 1 Assessable development


Under SCHEDULE 8

Table 3: Reconfiguring a lot
Under the Land Title Act 1994a

1 Reconfiguring a lot under the Land Title Act 1994, unless the plan of
subdivision necessary for the reconfiguration—

(a) is a building format plan of subdivision that does not subdivide land
on or below the surface of the land; or
(b) is for the amalgamation of 2 or more lots; or
(c) is for the incorporation, under the Body Corporate and Community
Management Act 1997, section 41,b of a lot with common property for
a community titles scheme; or
(d) is for the conversion, under the Body Corporate and Community
Management Act 1997, section 43,c of lessee common property within
the meaning of that Act to a lot in a community titles scheme; or
(e) is in relation to the acquisition, including by agreement, under the
Acquisition of Land Act 1967 or otherwise, of land by—
-----(i) a constructing authority, as defined under that Act, for a purpose
set out in paragraph (a) of the schedule to that Act; or
-----(ii) an authorised electricity entity; or
(f) is in relation to land held by the State, or a statutory body representing
the State and the land is being subdivided for a purpose set out in the
Acquisition of Land Act 1967, schedule, paragraph (a) whether or not
the land relates to an acquisition; or
(g) is for the reconfiguration of a lot comprising strategic port land as
defined in the Transport Infrastructure Act 1994; or
(h) is for the reconfiguration of a South Bank lot within the corporation
area under the South Bank Corporation Act 1989; or
(i) is for the Transport Infrastructure Act 1994, section 240.
insert CLAUSE 60 of Amendment here
(j) the acquisition of land for a water infrastructure
facility

******************

Schedule 9 Development that is exempt
from assessment against a
planning scheme1


Under SCHEDULE 9

Table 3: Reconfiguring a lot

Under the Land Title Act 1994
2 Reconfiguring a lot under the Land Title Act 1994, if the plan of
subdivision necessary for the reconfiguration—
(a) is a building format plan of subdivision that does not subdivide land
on or below the surface of the land; or
(b) is for the amalgamation of 2 or more lots; or
(c) is for the incorporation, under the Body Corporate and Community
Management Act 1997, section 41,a of a lot with common property for
a community titles scheme; or
(d) is for the conversion, under the Body Corporate and Community
Management Act 1997, section 43,b of lessee common property within
the meaning of that Act to a lot in a community titles scheme; or
(e) is in relation to the acquisition, including by agreement, under the
Acquisition of Land Act 1967 or otherwise, of land by—
(i) a constructing authority, as defined under that Act, for a purpose
set out in paragraph (a) of the schedule to that Act; or
(ii) an authorised electricity entity; or
(f) is in relation to land held by the State, or a statutory body representing
the State, and the land is being subdivided for a purpose set out in the
Acquisition of Land Act 1967, schedule, paragraph (a), whether or not
the land relates to an acquisition;
(g) is for the reconfiguration of a lot comprising strategic port land as
defined under the Transport Infrastructure Act 1994;
(h) is for the Transport Infrastructure Act 1994, section 240.
insert CLAUSE 61 of Amendment here
(i) the acquisition of land for a water infrastructure
facility
_________________
CESARE LOMBROSO "The ignorant man always adores what he cannot understand"

[Darren E]

[DougHaigh_JenMercer]

Scarey is right ! Seems like someone has sold their soul to the devil and is now being given carte- blanche to engineer whatever they like whenever they like.

[Darren E]

The powers invested in QWIPL: Let's not forget the Government Owned Corporations Amendment Bill 2006 introduced into parliament by Anna Bligh last halloween (31-10-06) http://www.legislation.qld.gov.au/Bills/52PDF/2006/LGOLAB06.pdf

Over a dozen ammendments were made to the Whistleblowers Protection Act 1994 to ensure that the Whistleblowers Protection Act no longer applies to GOCs (Government Owned Corporations).

So even if Scott Smith or some other QWIPL land acquisition bully suddenly discovers a human heart beating inside their chest, they're not allowed to tell anyone under fear of prosecution.
_________________
"If you don't stand for something, you will fall for anything" - anon.
"There can be no liberty for a community which lacks the means by which to detect lies" - Walter Lippman