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Body Corporate Bill passed

Queensland Parliament sat from 14 November to 16 November 2023.

Bills introduced

The following Bills were introduced into the Legislative Assembly:

Government Bills:

  • Land and Other Legislation Amendment Bill (No. 2) 2023
  • Agriculture and Fisheries and Other Legislation Amendment Bill 2023

Private Members Bills:

  • Planning and other Legislation (Make Developers Pay) Amendment Bill 2023

Land and Other Legislation Amendment Bill (No. 2) 2023

On 15 November 2023, the Honourable Scott Stewart, Minister for Resources, introduced the Land and Other Legislation Amendment Bill (No. 2) 2023 into Queensland Parliament.

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The policy objectives of the Bill are to improve regulatory efficiency and ensure the administration of state land and the place naming framework remain contemporary and responsive to community needs.

The Bill provides a range of streamlining amendments that clarify policy intent and reduce administrative complexity.

Specifically, the Bill:

  • amends the Land Act 1994 and Land Regulation 2020 to reduce administrative complexity and remove regulatory duplication. The Bill will reduce regulatory requirements to enable timely allocation of tenure. Additionally, the Bill amends the Land Act to proactively support the delivery of strategic government projects and ensure the appropriate tenure for land; and clarify policy intent and support contemporary decision making.
  • amends the Land Title Act 1994 to reduce administrative burden and risk to the State by reducing the creation of unapproved unallocated State land. – amends the Place Names Act 1994  to provide clarification and broaden place naming considerations to reflect important contemporary issues. The Bill will reduce the regulatory burden associated with the naming of a place; and will make the decision-making process more inclusive, flexible, objective and transparent.
  • amends the Recreation Areas Management Act 2006 (RAM Act) to enable the renaming by regulation of a recreation area declared under the RAM Act. This amendment will enable recreation areas to be renamed in response to circumstances such as an official change in place name. For example, the recent change in the official name of Fraser Island to K’gari.
  • amends the Petroleum Act 1923, Petroleum and Gas (Production and Safety) Act 2004, Geothermal Energy Act 2010, and the Greenhouse Gas Storage Act 2009 to mandate the payment of applicable local government rates and charges as a condition of a resource authority. The amendments will also allow the Department of Resources to take prescribed non-compliance action against a resource authority holder in the event their rates and charges are unpaid, including using their security to repay unpaid rates and charges, and allowing the Minister to take non-payment of rates and charges into consideration when processing a renewal application.
  • amends other legislation to make minor administrative and consequential changes.

The Bill amends the:

  • Geothermal Energy Act 2010
  • Greenhouse Gas Storage Act 2009
  • Land Act 1994
  • Land Regulation 2020
  • Land Title Act 1994
  • Petroleum Act 1923
  • Petroleum and Gas (Production and Safety) Act 2004
  • Place Names Act 1994
  • Recreation Areas Management Act 2006
  • Legislation mentioned in schedule 1

Useful resources:

The Bill was referred to the Transport and Resources Committee for inquiry. Submissions to the inquiry will close on 16 January 2024. For more details on the inquiry process, visit the committee website.

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Agriculture and Fisheries and Other Legislation Amendment Bill 2023

On 16 November 2023, the Honourable Mark Furner, Minister for Agricultural Industry Development and Fisheries and Minister for Rural Communities, introduced the Agriculture and Fisheries and Other Legislation Amendment Bill 2023 into the Queensland Parliament.

The main objectives of the Bill are to:

  1. amend the Animal Management (Cats and Dogs) Act 2008 to enhance community safety by significantly reforming control and management of dogs;
  2. amend the Fisheries Act 1994 (Fisheries Act) to: introduce a framework for independent onboard monitoring under the Fisheries Act as an outstanding element of the Sustainable Fisheries Strategy 2017-2027, and to meet key commitments made by the Queensland Government to support the Great Barrier Reef; enhance the efficacy of and modernise provisions relating to fisheries enforcement; and, streamline the process for amending aquaculture approvals by creating a separate approval for operational components to be processed under the Fisheries Act.
  3. improve the operation of the Biosecurity Act 2014 (Biosecurity Act) by implementing certain recommendations of the Biosecurity Act Review;
  4. implement recommendations three and five of the Farm Business Debt Mediation Act 2017  Review;
  5. give effect to outstanding improvements to the industrial cannabis industry only achievable through amendments to the Drugs Misuse Act 1986; and,
  6. ensure businesses are appropriately responsible for the conduct of their employees or representatives under the Animal Care and Protection Act 2001.

The Bill amends the:

  • Agricultural Chemicals Distribution Control Act 1966
  • Animal Care and Protection Act 2001
  • Animal Management (Cats and Dogs) Act 2008
  • Biosecurity Act 2014
  • Chemical Usage (Agricultural and Veterinary) Control Act 1988
  • Drugs Misuse Act 1986
  • Exhibited Animals Act 2015
  • Farm Businesses Debt Mediation Act 2017
  • Fisheries Act 1994
  • Forestry Act 1959
  • Forestry Regulation 2015
  • Nature Conservation Act 1992
  • Sugar Industry Act 1999
  • Veterinary Surgeons Act 1936
  • State Penalties Enforcement Regulation 2014
  • Legislation mentioned in schedule 1

Useful resources:

The Bill was referred to the State Development and Regional Industries Committee for inquiry. Submissions to the inquiry will close on 15 December 2023 and a public hearing will be held in early February 2024. For more details on the inquiry process, visit the committee website.

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Planning and Other Legislation (Make Developers Pay) Amendment Bill 2023

On 15 November 2023, Michael Berkman, Member for Maiwar, introduced the Planning and Other Legislation (Make Developers Pay) Amendment Bill 2023 into the Queensland Parliament as a Private Member’s Bill.

The objective of the Bill is to give local governments the flexibility to charge developers for trunk infrastructure according to the cost of delivering that infrastructure.

Infrastructure charges are levied by local governments on developers to account for the additional pressure placed on pedestrian crossings, parks, flood mitigation, public and active transport and other community services and facilities as the local population increases.

The Planning Act 2016 gives the State Government power to make a regulation prescribing a maximum amount for infrastructure charges levied by local governments. This cap on infrastructure charges creates a disconnect between the regulated maximum amount and the level of funding that local governments and communities actually need, and limits the amount of revenue that can be gained from charges to fund essential infrastructure in growing communities. It also gives local governments limited flexibility to respond to higher costs of providing infrastructure during inflationary periods in the construction industry or real estate market.

Given the significant profits made by developers, especially in an inflated housing market, the current caps do not allow for appropriate infrastructure charges to be levied to account for additional pressure on existing local infrastructure.

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The Bill achieves its policy objectives by amending the Planning Act 2016 and the South-East Queensland Water (Distribution and Retail Restructuring Act) 2009 to remove references to maximum adopted charges for providing trunk infrastructure for a development.

The Bill amends the:

  • Planning Act 2016
  • South-East Queensland Water (Distribution and Retail Restructuring Act) 2009

Useful resources:

The Bill was referred to the State Development and Regional Industries Committee for inquiry. A timeline for the inquiry will be available on the committee website as soon as it has been agreed by the Committee. For more details on the inquiry process, visit the committee website.

Legislation passed this Parliament

The following legislation was passed by the Legislative Assembly:

  • Body Corporate and Community Management and Other Legislation Amendment Bill 2023
  • Local Government (Councillor Conduct) and Other Legislation Amendment Bill 2023

Body Corporate and Community Management and Other Legislation Amendment Bill 2023

On 24 August 2023, the Honourable Yvette D’Ath, Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, introduced the Body Corporate and Community Management and Other Legislation Amendment Bill 2023 into the Queensland Parliament.

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The Bill was referred to the Legal Affairs and Safety Committee for inquiry.

The Bill was passed with amendment on 14 November 2023.

The policy objectives of the Bill are to:

  • deliver a key action of the 2022 Queensland Housing Summit by reforming the Body Corporate and Community Management Act 1997 (BCCM Act) to allow for termination of uneconomic community titles schemes to facilitate renewal and redevelopment;
  • deliver a 2020 election commitment to implement amendments to the BCCM Act to allow an adjudicator the power to approve alternative insurance arrangements, and make supporting amendments to complement this change;
  • modernise and improve the operation of the BCCM Act in relation to by-laws and other governance issues, including administrative and procedural matters;
  • strengthen buyer protections under the Land Sales Act 1984 (Land Sales Act) by limiting when sunset clauses can be used to terminate ‘off the plan’ contracts for the sale of land; and
  • make minor amendments to confirm the policy intent of existing provisions of the BCCM Act, Building Units and Group Titles Act 1980 (BUGT Act), Land Sales Act, and the South Bank Corporation Act 1989 (South Bank Act) about the release of deposits paid by buyers under ‘off the plan’ contracts for the sale of land (Land Sales Act) or lots in community titles-style developments (BCCM Act, BUGT Act, and South Bank Act).

Amendments were moved during consideration in detail to correct a technical drafting issue. Clause 25 of the BCCMOLA Bill proposes to insert a new section 205AAA (Information to be given to interested persons (layered arrangement)) after section 205 of the Body Corporate and Community Management Act 1997 (BCCM Act). However, clause 264 of the Property Law Bill 2023 (Property Law Bill) also proposes the insertion of a new section 205AAA after section 205 of the BCCM Act. The provisions proposed to be included as new section 205AAA of the BCCM Act by the Property Law Bill and the BCCMOLA Bill serve different purposes. The provision inserted by the Property Law Bill deals with body corporate certificates, while the provision inserted by the BCCMOLA Bill deals with information access in a layered arrangement of community titles schemes. A legislative amendment is required to renumber the new section 205AAA inserted by clause 25 of the BCCMOLA Bill.

To achieve the objective, clause 25 of the BCCMOLA Bill will be amended to renumber the new section 205AAA inserted by the clause as new section 205AAB and to provide for it to be located in Chapter 4, part 2, division 2 of the BCCM Act, which deals with records and provision of information.

The Bill amends the:

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  • Body Corporate and Community Management Act 1997
  • Building Units and Group Titles Act 1980
  • Land Sales Act 1984
  • Land Title Act 1994
  • South Bank Corporation Act 1989

Queensland Law Society provided a submission on the Bill.

Useful resources:

Local Government (Councillor Conduct) and Other Legislation Amendment Bill 2023

On 13 September 2023 the Honourable Dr Steven Miles, Deputy Premier, Minister for State Development, Infrastructure, Local Government and Planning and Minister Assisting the Premier on Olympic and Paralympic Games Infrastructure introduced the Local Government (Councillor Conduct) and Other Legislation Amendment Bill 2023.

The Bill was referred to the State Development and Regional Industries Committee for inquiry.

The Bill was passed with amendment on 15 November 2023.

The objectives of the Bill are to:

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  • implement the Government’s policy in relation to certain recommendations of the State Development and Regional Industries Committee in its Report No. 28 of the 57th Parliament ‘Inquiry into the Independent Assessor and councillor conduct complaints system’ (Councillor Conduct Report)
  • make further changes to the councillor conduct complaints system, including limiting the system’s application in relation to former councillors
  • further clarify and enhance the councillor conflict of interest requirements
  • modernise local government advertising requirements
  • provide a discretion to the Electoral Commission of Queensland in relation to the recovery of local government election costs
  • make consequential amendments resulting from the change of classification for Moreton Bay Regional Council
  • provide appropriate transitional arrangements for commencement of the improved councillor conduct complaints system
  • make a minor amendment to the Queen’s Wharf Brisbane Act 2016.

Amendments were moved during consideration in detail to:

  • correct minor drafting errors in the Bill
  • make minor amendments to clarify the operation of a transitional arrangement in the Bill
  • amend the Local Government Electoral Act 2011 (LGEA) to address an unintended consequence of amendments in the Local Government Electoral and Other Legislation (Expenditure Caps) Amendment Act 2023 (the Expenditure Caps Act).

The Bill amends the:

  • City of Brisbane Act 2010
  • City of Brisbane Regulation 2012
  • Local Government Act 2009
  • Local Government Regulation 2012
  • Local Government Electoral Act 2011
  • Queen’s Wharf Brisbane Act 2016

Queensland Law Society provided a submission on the Bill.

Useful resources:

Second Reading

  • Emblems of Queensland and Other Legislation Amendment Bill 2023

Subordinate Legislation

Subordinate Queensland Legislation notified in 2023 is available online.

Subordinate legislation notified on the Queensland Legislation website from 14 October to 17 November 2023:

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Queensland Government Gazette

The Queensland Government Gazettes for 2023 are available online.

Parliamentary sitting dates

As indicated on the parliamentary website, the Queensland Parliament is currently scheduled to next sit from 28 November to 30 November 2023. 

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