Planning Law
Outline 3 reasons for the importance of planning and development law.
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What were some of the earliest planning laws concerned with? What sorts of aspects of the built environment did they regulate?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Why is the separation of powers within government an important concept?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What parliamentary system is the basis for the Australian system of government?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are the three branches of government at the Australian Federal and State levels.
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are the functions of these branches of government?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the arrangement of power and government described in the Federal constitution? Who is technically in charge?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the technical term used to describe a parliament with two houses?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Speaking of houses of parliament… How many does Queensland have?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the function of the Federal executive, and how is it organised?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What three factors does the power of the Federal executive derive from?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are the primary functions of the High Court?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are the four main levels of the Queensland State judiciary?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is required in order to make changes to the Federal constitution?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Name the 2 sections of the Australian constitution that explain the scope and limitations of Federal government power.
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Does Australia have a Bill of Rights?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are the three rights granted to individuals under the constitution?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
In the case Kangaroo Point East vs. Balkin (1995) was the lease owner of the Commonwealth property required to comply with Queensland planning regulations?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are two reasons that a Federal law may be invalid with respect to a State?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are six areas of policy that the Federal government have jurisdiction over according to the constitution?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Does Federal legislation typically cover issues related to planning and development?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What level of government is typically responsible for the drafting of legislation related to planning and development?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Which level of government is primarily responsible for the implementation of planning legislation and the assessment of development?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the constitutional basis for Local government?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are the 3 ‘local government principles’?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Briefly, what does the case Duncan vs. NSW, Nucoal et al, have to tell us about the impact of corruption on approvals for development?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What does EPBC stand for? (as in the EPBC Act…)
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Which jurisdiction administers the EPBC?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the purpose of the EPBC?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are four of the objectives of the EPBC act?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
In terms of the EPBC act, what is an ‘action’?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
When a development application is sent to the Commonwealth Department of Environment for assessment what is the department determining?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Give four examples of Matters of National Environmental Significance (MNES).
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the approval process for development being assessed under the EPBC?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
If a development that has been assessed under the EPBC is sold does the approval transfer to the new owner?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Briefly explain why the outcome of Wide Bay Conservation Council vs. Burnett Water is significant in terms of the interpretation of environmental law?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the purpose of the State Development and Public Works Organisation Act?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are some of the reasons for the declaration of Coordinated Projects by the Coordinator General?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is a State Development Area?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Name two other acts (aside from the SDPWO) that may mean that the Sustainable Planning Act may not apply to a project or development application?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What does the SPA do? What is the intent of the act?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Describe the hierarchy of planning instruments that exist within the framework created by the SPA.
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What does the SPA contain?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
How does the SPA seek to achieve its’ intent?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Is the purpose of the SPA to achieve ecological sustainability or ecologically sustainable development? What is the difference?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
If the State Government undertakes development, does it have to abide by the SPA?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is development?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Give an example of each of the five types of development that would be assessable under the SPA.
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Give three examples of development that would be classified as a Material Change of Use (MCU).
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are the levels of assessment that are described within the SPA?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Was the Planning and Environment Court created as a part of the current planning legislation?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What level of court jurisdiction is the Planning and Environment Court a part of?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are five important aspects of the SPA in terms of the jurisdiction of the Planning and Environment Court?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is meant by describing the P&E court as being ‘limited by statute’.
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are three powers that would be included within the jurisdiction of the P&E court?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the appeals process for the P&E court?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are four pieces of legislation that fall under the jurisdiction of the P&E court?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is a merit review?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What does it enable the court to do (two things)?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Should the P&E court give consideration to new or policies when considering a merit review?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Should any changes that have occurred to the application since it was lodged be considered as part of the review process?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What constitutes a ‘minor change’ to an application?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Where would you go to seek guidance on whether or not a change was minor?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
In deciding an appeal, what kind of orders might the P&E court make?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Are the public allowed to attend P&E court hearings?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Do you need to be represented by a lawyer in the P&E court?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Does the P&E court only sit in Brisbane?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What sort of orders are presented at a directions hearing?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the approximate total timeframe for a matter in the P&E court (both hearing and decision)?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
How are costs settled within the P&E court?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is ADR?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the role of ADR within the P&E court system?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What sorts of orders might the court issues with respect to ADR?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is a joint report?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the role of the ADR Registrar?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the rationale behind active case management in the P&E court?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Where would you go to obtain direction in being an expert witness in the P&E court?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the primary duty of an expert witness in the P&E court?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Are legal representatives permitted to brief an expert witness before appearing in the court?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the expert meeting process?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Does the court have access to what occurs at these meetings of expert witnesses?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
When can experts produce separate reports on the issues being heard?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are the advantages of the expert meeting process?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the purpose of the environmental protection act?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What does COAG stand for?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
How is the objective of the Environmental Protection Act achieved
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
In terms of the EP act, what is an environmental value?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Which aspects of the environment does the EP act seek to protect in particular?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is Environmental Harm in terms of the EP act?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is an environmental nuisance?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
An environmental authority issued under the EP Act is, in effect, a licence to cause specific environmental harm. True or false?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What sorts of activities are classified as being environmentally relevant under the EP Act?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are two of the objectives of the Coastal Protection and Management Act?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
How does the Coastal Protection and Management Act achieve these objectives?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Where would the CPM act apply?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What is the purpose of the Vegetation Management Act?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
How is the purpose of the VMA achieved?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
What are the names of the new acts that the SPA is being replaced with?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Name three differences between the new Planning Act and the SPA?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
Is Commonwealth land covered by local planning schemes?
When they disagree on an issue
True
Interprets constitution, federal legislation, and is the ultimate court of appeal
An Act to provide for State planning and development through a coordinated system of public works organisation, for environmental coordination and for related purposes
One
The State
No
A project, a development, an undertaking, an activity or series of activities; and an alteration of any of the things listed above
Experts in the same field are to hold meetings of experts and prepare joint reports to clearly articulate the matters in dispute in the proceedings
Preparation of planning instruments (Chapters 2 and 3), Designating land for community infrastructure (Chapter 5), Assessment of development applications for assessable development (Chapter 6), Appeals, offences and enforcement (Chapter 7), Infrastructure (Chapter 8)
Legislature, executive, judiciary
Environmental Protection and Biodiversity Conservation Act
SPRP, State Planning Policies, Regional Plans, Standard Planning Scheme Provisions
Assessed at State level first then on to Federal department. Do not pass go if you fail at State level. State approval is not a guarantee of Federal approval.
World heritage properties,Wetland of international importance,Migratory species, Commonwealth marine areas
P&E court rules
Resolution of issues prior to trial
No
There isn’t one
Must decide the appeal based on the laws and policies applying when the application was made, but may give weight to any new laws or policies the court considers appropriate
Statutory Guideline 06/09 entitled Substantially different development when changed applications and approvals
Transparent and effective processes, decision making in the public interest. Sustainable development and management of assets and infrastructure and delivery of effective services. Demographic representation, social inclusion and meaningful community engagement
Levels of assessment, categorising instruments, assessment benchmarks, external DA provider lists, exemption certificates, more acts, reduction in State planning instruments
Appeal is by way of hearing anew
Applicants can appeal any decision of an assessment manager about a development application, applicants for a development application can appeal against development approval conditions, a person who made a submission about a development application has appeal rights, undertaking development without the necessary approval is an offence, non-compliance with a condition of a development approval is an offence
No inherent powers – powers that are necessary to enable it to act effectively within its jurisdiction
To the court of appeal on matters of law and with leave of the court. To the High court from the court of appeal under the same conditions.
Referendum
Only if they are minor
No
Whether the action is a ‘controlled action’, and if so, what are the ‘controlling provisions’
Experts in a proceeding have a duty to assist the court that the duty [to the court] overrides any obligations the expert may have to the party or any person who is liable for the expert’s fee or expenses
Freedom to practice religion, right to just compensation, trial by jury
Bicameral
It helps to frame the balance of how sustainability is considered by the court with respect to major projects. Its an example of the need for ongoing monitoring of MNES. It says a fair bit about the application of conditions. It is also interesting in terms of how expert testimony shapes outcomes in a specific instance.
Transport Infrastructure Act & Economic Development Act.
Basically, that corruption may invalidate the approval process and result in approvals being revoked – good character test.
51 & 52
National scheme of environment and heritage protection and biodiversity conservation
Primary legislation that regulates development, Sets out requirements for development across Queensland
Start of a new use of premises the re-establishment of a use that has been abandoned; or a material increase in the intensity or scale of the use of the premises
District
Seek to achieve ecological sustainability by: Managing the processes by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; Managing the effects of development on the environment, including managing the use of premises; and Continuing the coordination and integration of planning at the local, regional and State levels
Unreasonable interference or likely interference with an environmental value caused by: aerosols, fumes, light, noise, odour, particles or smoke; an unhealthy, offensive or unsightly condition because of contamination; or another way prescribed by regulation.’
Provide for the protection, conservation, rehabilitation and management of the coastal zone, including its resources and biological diversity; have regard to the goal, core objectives and guiding principles of the National Strategy for Ecologically Sustainable Development in the use of the coastal zone;
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
Carrying out building work carrying out plumbing and drainage work carrying out operational work reconfiguring a lot making a material change of use of premises
The Planning Act, The Planning and Environment Court Act, and the Planning and Other Legislation Act
No
No, it predates it by a few acts.
�any adverse effect, or potential adverse effect (whether temporary or permanent and of whatever magnitude, duration or frequency) on an environmental value, and includes environmental nuisance
Hearing appeals relating to development applications and approvals, hearing appeals about compliance assessment, hearing an appeal against an enforcement notice
Court of appeal, supreme court, district court, magistrates court
Building Act 1975, Economic Development Act 2012, Environmental Protection Act 1994, Coastal Protection and Management Act 1995
The Federal Government
Water that is tidal – meaning that the water is affected by the rising and lowering of the tides; land or water within the certified coastal zone map area; or land or water within a coastal management district
Merely corrects a mistake … that would not adversely affect the ability of a person to assess the changed application; would not adversely affect the ability of a person to assess the changed application; corrects a spelling or grammatical error; a change that does not: result in a substantially different development; require referral to any additional referral agencies; change the type of development approval sought; require impact assessment for any part of the changed application, if the original application did not involve impact assessment
Decision of the assessment manager is set aside P&E Court becomes the decision maker to determine whether, having regard to the merits of the case, the development should be allowed
Eliminates unnecessary conflict, reduces disputes about methods
Protection of the environment,Conserve Australian biodiversity,Promote ecologically sustainable development,Enhance the protection and management of important natural and cultural places
Confirm the decision appealed against, change the decision appealed against, set aside the decision appealed against and make a decision replacing the decision set aside
The identification of issues in dispute, exchange of material by the parties by way of ‘disclosure’, expert meetings to narrow and resolve issues in dispute, other meetings between the parties to resolve as many issues as possible before hearing, an indicative time for hearing
Yes
No
No
Operation of good government – checks and balances tHistorical process of moving away from totally centralised power in many parts of world
At the discretion of the court
Approximately a year
Alternative dispute resolution
Complex approvals, significant impacts, strategic significance, significant infrastructure requirements
Yes
Case management conferences, ‘without prejudice’ conferences, mediations
Minimum lot sizes, minimum habitable space, subdivision, sanitation.
Conducts mediations, conducts case management conferences, chairs ‘without prejudice’ meetings, chairs meetings of experts
The idea that most of the disputes can be resolved prior to any kind of trial. Which they can.
If it interferes with the capacity of State to exist, or interferes with a State’s ability to exercise state power
Westminster
Legislature – enacts law, Executive – applies law, judiciary – interprets law
Generally involves numerous meetings and results in a joint report an iterative process among the experts involved
No
Carries out the business of govt. Ministers selected from legislature. Govt. Departments. Subject to scrutiny from legislature
The protection of Queensland’s environment is to be achieved by an integrated management program that is consistent with ecologically sustainable development.’ This is achieved by setting out environmental values ands standards that apply to various activities.
To protect Queensland’s environment while allowing for development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends (ecological sustainable development)
Council of Australian Governments
The enforcement of vegetation clearing provisions; declared areas; the phasing out of broadscale clearing of remnant vegetation; and the regulation of particular regrowth vegetation
A quality or physical characteristic of the environment that is conducive to ecological health or public amenity or safety; or another quality of the environment identified and declared to be an environmental value under an environmental protection policy or regulation.
Air, water, and, the acoustic environment.
No
Defining the coastal zone, which is the area to which the Act applies; preparing a coastal plan that: identifies coastal resources; states policies for coastal management; is developed in consultation with the public; and has regard to the Aboriginal tradition of Aboriginal people and Island custom of Torres Strait Islanders; declaring coastal management districts in the coastal zone as areas requiring special development controls and management practices; declaring erosion prone areas in the coastal zone as areas where particular development requirements are applies;
Sustainability. ESD = Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'. (A very high bar…) Whereas sustainability seeks to achieve a balance between environment, society, and the economy – much looser in terms of definition.
An agricultural ERA (as defined in section 75 of the EP Act); a resource activity (as defined in section 107 of the EP Act); and an activity prescribed under section 19 of the EP Act,
Yes – although people like the coordinator general can operate free of planning schemes etc.
The purpose of the VMA is to regulate the clearing of vegetation in a way that: conserves ‘remnant vegetation’ ; conserves vegetation in declared areas; ensures the clearing does not cause land degradation; prevents the loss of biodiversity; maintains ecological processes
The constitution, politically, by convention and custom.
Sovereign, upper house, lower house
Trade, foreign policy, census and stats, Quarantine, immigration, Defence
Local government
Areas declared by the coordinator general and developed by that department under special development plans (outside SPA)
Exempt development self-assessable development development requiring compliance assessment assessable development (comprising either code or impact assessable development) prohibited development
Regulation of urban spaces, Most development governed by law, Shapes urban spaces
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