IPA and IDAS Basics

1
Integrated Planning and Other Legislation
Amendment Act 2003
IP Amendment Regulation 2004
August - September 2004
2
IPOLAA 2003
3
Background

• Introduced into Parliament - June 2003
• Debated - 9th and 14th October 2003
• First provisions commenced - 16th October 2003
• Additional provisions commenced - 14th November,
  19th December 2003 and 3rd June 2004
• Regulations currently being finalised
• Expected commencement date 4th October 2004

4
Overview of categories of reforms

• Community designations
• Infrastructure planning and funding
• Environmental Impact Statements
• IDAS -
• focus of this presentation
• Rats and mice amendments (most commenced 16th
  October 2003)

5
Community designation reforms

• s2.6.7 - introduces a more performance based
  approach to environmental assessment and public
  consultation
• s5.8.8 provides for guidelines for
  environmental assessment
• Schs 6 and 7 of the Act removed (superseded by
  s2.6.7 5.8.8)
• Sch 9 of the Act and sch 11 of the IP Reg. makes
  certain community infrastructure exempt
  development
• s6.2.4 - transitional arrangements for
  designations already commenced under existing
  processes
• Guidelines
• publicly notified in July 2004
• available from the IPA website www.ipa.qld.gov.au
  
• comments due by 16th August 2004
• commencement expected with other parts of IPOLAA

6
Infrastructure reforms

• Introduces a revised infrastructure planning
  charging frameworks
• Emphasises links between land use planning
  infrastructure planning
• Key elements Priority Infrastructure Plans
  (PIPs)
• part of planning schemes
• identifies Priority Infrastructure Area (PIA)
• basis for preparing and levying infrastructure
  charges
• Infrastructure charging and conditioning powers
  clearly defined
• Key charging element Infrastructure Charges
  Schedule

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7
Infrastructure reforms (cont)

• Introduces a simplified Regulated Infrastructure
  Charges Schedule (RICS) mechanism for smaller
  local governments
• Introduces a revised system for recovering
  additional costs for servicing unanticipated
  development
• Creates a framework for integrating State
  infrastructure providers (Main Roads, Transport,
  Education and Emergency Services)
• Supported by guidelines and regulations

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8
EIS process

• New Ch 5, part 7A introduces an environmental
  impact statement process applying to -
• assessable development prescribed by the IP Reg
• prescribed community infrastructure on land to be
  designated
• Allows IPA to be accredited under the EPBC Acts
  bilateral agreement
• Regulations and operational arrangements to be
  finalised
• Will commence 4th October 2004 -
• but will only become active when the necessary
  trigger is included in the IP Reg
• trigger is likely to be a controlled action
  under the EPBC

9
IDAS reforms
10
Preliminary matters

• Definition of terms used in development (s.1.3.5)
• Amends the definition of building work and
  operational work -
• clarifies that all tidal works and works for the
  taking or interfering with water under the Water
  Act 2000 are operational works (commenced 3rd
  June 2004)

• Exempt development (s3.1.2)
• Provides for new sch 9 - lists exempt development
  which can not be made assessable against a local
  governments planning scheme -
• replaces previous schedule 8, part 3

11
Preliminary matters

• Assessment Manager (s3.1.7)
• Provides for new sch 8A details the new
  arrangements for identifying the assessment
  manager for an application -
• tabular format
• more user-friendly and comprehensive
• Existing arrangements deleted from IP Reg, sch 1A
  
• Clarifies the role of the assessment manager
• Gives jurisdiction to LG for prescribed tidal
  works -
• not yet active as no tidal works are yet
  prescribed
• Clarifies that if an agency (i.e. EPA or NRME)
  is prescribed as the AM for an application and
  also has referral jurisdiction the agency is
  the AM for the application and has multiple
  jurisdictions

12
Preliminary matters

• Ministers powers (s3.1.7A)
• Can nominate an entity that was a candidate for
  assessment manager as a concurrence agency for
  the application

• Referral agencies (s3.1.8)
• Clarifies a referral agencies jurisdiction for an
  application
• Clarifies how to determine the number of referral
  agencies for an application -
• an entity that might go by different names for
  the purpose of exercising their referral
  jurisdiction, but who in fact is the same natural
  person, is taken to be a single referral agency

13
Preliminary matters

• Native title (s3.1.11)
• Amended so that IDAS stops if action /
  consultation is required under the Native Title
  Act 1993 (Cwlth) (commenced 16th Oct 2003)

• IPOLAA 2001
• Repeal of IPOLAA 2001 (commenced 16th Oct 2003)
• uncommenced provisions of IPOLAA 2001 were
  repealed

14
Preliminary approvals under s3.1.6

• Existing deficiencies
• Difficulty dealing with development at a
  conceptual level
• the application must be for assessable
  development
• the assessment category and notification
  requirements are often unclear
• Difficulty dealing with layered and/or staged
  approvals
• limitation of application to impact assessable
  MCU
• Inadequate for several major proposals in smaller
  local government areas

15
Preliminary approvals under s3.1.6

• Reforms
• S3.1.5 reference to assessable removed
• Significant changes to s 3.1.6 to
• broaden the range of development to which it
  applies
• makes a distinction between MCU and other aspects
  of development
• Changes to s3.4.2 to require public
  notification of first stage regardless of the
  assessment category
• notification is not necessary for later stages if
  consistent with earlier stages
• Referral coordination now required for all s3.1.6
  applications (s3.3.5(1)(c))
• New assessment and decision rules (s3.5.5A and
  3.5.14A) for scheme modifying component of the
  application

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Preliminary approvals under s3.1.6 (cont)

• Reforms cont
• All s3.1.6 preliminary approval must be recorded
  on planning scheme (s3.5.27)
• Ministerial direction powers expanded to include
  modifications under s3.1.6
• A s3.1.6 preliminary approval can not override a
  State-code or sch 8 of the IPA
• A s3.1.6 preliminary approval falls away once
  the approved development is completed or the
  approval lapses

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17
Application stage

• Applying for development approval (s3.2.1)
• IDAS application form can identify mandatory
  information
• Owners consent only required for applications
  for -
• MCU
• reconfiguring a lot
• works on land below high-water mark and outside a
  canal on rail corridor land
• Resource managers consent arrangements -
• instead of, not in addition to owners consent
  for State land
• Owners consent is not required for land the
  subject of an easement, if owner is the owner of
  the servient tenement development is not
  inconsistent with the terms of the easement

18
Application stage

• Public scrutiny (s3.2.8)
• Simplifies clarifies requirements for public
  scrutiny
• New definition of supporting material

• Withdrawing an application (s3.2.11)
• Expands who receives notification of withdrawal
  of an application
• Makes the applicant responsible for notifying all
  parties of the withdrawal of the application
  (commenced 16th Oct 2003)

19
Information referral stage

• Applications in response to a show cause notice
  or enforcement notice (s3.2.12)
• The timeframe for responding to an information
  request reduced from 12 months to 3 months
  (commenced 16th Oct 2003)

• Referral coordination (s3.3.5)
• Triggers relocated from s6.1.35C into main body
  of the Act
• Application for 3.1.6 preliminary approval
  required
• The basis for the AM determining referral
  coordination is not required - amended to refer
  to the likely significance of the environmental
  effects (not merely the significance of the
  proposal itself)

20
Information and referral stage

• Concurrence agency response powers (s3.3.18)
• Reflects changes to code assessment in s3.5.13
• Corresponding changes to concurrence agency rules
  when development is on designated land

• Advice agency response powers (s3.3.19)
• Reworded for consistency with AM rules in s3.5.11

21
Notification stage

• Public notification (s3.4.5)
• Clarification of public notification requirements
  over the Christmas period (commenced 16th Oct
  2003)
• Now required for, at least the 1st stage of, all
  applications for a s3.1.6 preliminary approval

22
Decision stage

• Assessment by AM (s3.5.3A)
• Distinguishes between integrated and
  coordinated parts of an application -
• the AM cannot assess the coordinated part

• Code assessment (s3.5.4)
• Introduces SPP as a consideration in code
  assessment

23
Decision stage

• Decisions generally (s3.5.11)
• Clarifies how the AM must deal with a direction
  from a concurrence agency and conditions imposed
  by a concurrence agency

• Decision in relation to code assessment (s3.5.13)
• Reforms the guidance provided for decision-making
• judicial authority on the current provisions
  suggests they are capable of being interpreted
  more narrowly than intended
• Current provisions may prevent development of
  codes giving comprehensive guidance, not only
  about development complying with the code, but
  about development that would not comply with the
  code

24
Decision stage

• Names of submitters (3.5.15)
• Provides for applicants to be notified of the
  names addresses of any submitters for the
  application as part of the decision notice
• re-instates an arrangement under the repealed PE
  Act

• When approval takes effect (3.5.19)
• Submitters may forego right of appeal by giving
  the assessment manager a notice

25
Decision stage

• Compliance assessment (s3.5.31A)
• Introduced in relation to conditions only
• Sch 12 of the IP Reg details -
• process for assessment
• appeal rights

• Subdivision plans (s3.7.4)
• Provides for payment of outstanding rates and
  charges for subdivision plans for development
  (commenced 16th Oct 2003)

26
Decision stage

• Approvals recorded on planning schemes (s3.5.27)
• Expands the circumstances under which approvals
  or decisions must be noted on a planning scheme -
• preliminary approvals under s 3.1.6
• decisions to allow the application of a
  superseded planning scheme for development on
  premises
• Requires the chief executive to be given notice
  of the notation

27
Appeals, offences enforcement

• Appeals by submitters (s4.1.28)
• Clarifies the scope of submitters appeal rights -
• submitters can not appeal concurrence agency
  conditions or directions

• Advice agency submitters (s4.1.29)
• Clarifies the scope of advice agency submitters
  appeal rights -
• advice agency submitters can not appeal
  concurrence agency conditions or directions

28
Appeals, offences enforcement

• Notice of appeal (s4.1.41)
• Clarifies the list of entities to whom the notice
  of appeal must be given

29
Development offences, notices orders

• Carrying out assessable development (s4.3.1)
• Clarifies that, in order for development to be
  lawfully carried out under a development permit
  the permit must have taken effect -
• a development permit may be given, but depending
  on the circumstances may not have taken effect

30
IP Amendment Regulation 2004
31
Overview

• Reformatting to -
• reflect changes in IPOLAA 2003
• improve legibility and simplify
• re-arrangement of several sections (e.g. fees)
• Several new substantive provisions -
• about 10 20 of contents

32
Schedule 1

• Prescribes the Type of Assessment and Codes, Laws
  and Policies that may apply
• Arranged according to -
• impact assessment
• code assessment
• code assessment unless a planning scheme requires
  impact (e.g. reconfiguring a lot and prescribed
  tidal works)
• self-assessable (guidance only actually
  prescribed in schedule 8 of the Act)
• Further split up by aspects of development
• Includes applicable codes and policies
• this list is not determinative the applicable
  codes and policies are determined by the relevant
  Act. The list is indicative only

33
Previous schedule 1A

• Prescribed alternative assessment managers
  deleted
• All aspects of assessment managers now prescribed
  under sch 8A of the Act
• Consolidates rules for assessment managers in the
  Act rather than the regulation in order to
  maintain the fundamental role for local
  government in the Act
• Wording in s3.1.7 and schedule 8A of the Act
  allows simpler wording in sch 2 of the regulation

34
Schedule 2

• Prescribes referral agencies and their
  jurisdiction
• Rearranged into 3 tables -
• building work assessable against SBR (easy access
  for private certifiers)
• development assessable under sch 8
• development assessable under a planning scheme
• Some triggers appear in more than 1 table (e.g.
  Heritage)
• Tables consolidated from 4 columns to 3 (referral
  agency and their jurisdiction combined into 1
  column)

35
Schedule 2 - new or changed referrals

• Expanded ERA triggers
• Table 2, item 20 (for simultaneous commencement
  of EPOLAA 2003 mobile and temporary ERAs)
• Operational works causing stormwater
  concentration on State controlled roads
• Table 2, item 2A and Table 3, item 2
• Upstream referrals for vegetation clearing
• Table 2, item 3 and Table 3, item 12

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Schedule 2 - new or changed referrals (cont)

• Removal of quarry material under the Water Act
  2000
• Table 2, item 8 (corrects previous oversight)
• Electricity infrastructure
• Table 2, item 17 and Table 3, items 9 - 11
  advice referrals for development on easements and
  adjoining substations
• Land designated for community infrastructure
• Table 3, item 8

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37
Schedules 3 - 5

• Sch 3 (local governments that must review PIPs)
  
• new schedule
• Sch 4 (altered assessment periods)
• no changes
• Sch 5 (thresholds for development contiguous to a
  State-controlled road)
• cosmetic and minor changes only

38
Schedules 6 - 9

• Sch 6 (local government population areas)
• no changes
• Sch 7 8 (referral coordination triggers)
• current sch 6 becomes sch 7 - list has been
  substantially reduced
• current sch 7 becomes sch 8 changes reflect
  recent integrations into IPA
• Sch 9 (court fees)
• no changes

39
Schedule 10

• Prescribes the State resources schedule
• Accompanies changes made to s3.2.1 of the Act
  regarding owners consent
• Under s3.2.1(5) evidence is required from a State
  agency prior to the making of an IDAS application
  if the resource appears in the schedule
• This evidence is instead of, not in addition to
  owners consent under s3.2.1(3)
• Owners consent for most works has been removed
  in IPOLAA 2003
• The grounds on which consent may be given or
  withheld are limited

40
Schedule 11

• Prescribes exempt development for community
  infrastructure links with sch 9 of IPOLAA 2003
• Currently limited to network infrastructure -
• transport
• electricity

41
Schedule 12

• Prescribes compliance assessment links to new
  s3.5.31A of the Act
• Applies only for conditions of a DA
• The choice of whether to use this power rests
  with the assessment manager for the application
• Limited to local government works conditions on
  MCU approvals only
• future possible use for environmental management
  plans
• Intended as a simpler process to discourage
  separate regulation or works under schemes
• Has implications for schemes

42
Schedule 13

• Prescribes trunk infrastructure charge rates for
  regulated infrastructure change
• Contains a maximum per unit charge of 1,500.00
  per network
• Networks are outlined in Priority Infrastructure
  Plans (PIPs)

43
Implications

• Everyone will need
• A copy of the latest version of the IPA and IP
  Regulation available free from www.legislation.qld
  .gov.au

• Local Governments will need to
• Establish a process and system for recording
  s3.1.6 preliminary approvals on their planning
  schemes
• Establish a process for notifying the Chief
  Executive DLGPS of any notation on planning
  schemes for a s3.1.6 preliminary approval
• Decide whether or not they will use the
  compliance assessment process

44
Implications (cont)

• Assessment managers and private certifiers will
  need to
• Download the new IDAS Applications Forms, Guides
  and Implementation Notes from www.ipa.qld.gov.au
• Revise standard templates for acknowledgement
  notices, decision notices etc
• the Department will amend our recommended
  notices available from www.ipa.qld.gov.au
• Know when land owners consent is not required
• Understand the concept of resources manager's
  consent
• Revise any advice given to staff about what
  material must be made available through public
  scrutiny
• Be aware of new and amended referral agencies
• Be aware of amendments to the schedules for
  referral coordination
• Be aware of schedule 11 of the IP Reg - exempt
  development for community infrastructure

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IPOLAA 2004

• Gives effect to Governments commitments to
  regional planning in South East Queensland
• New Ch 2, part 5A administered by Deputy
  Premier Treasurer
• Regional Coordination Committee
• Regional Plan prepared approved by Deputy
  Premier Treasurer
• regulatory component ratified by Parliament
  regional landscape protection
• Regional Plan will be a consideration in IDAS
  until reflected in planning schemes
• will also inform State and local infrastructure
  planning (e.g. through PIPs)