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Sustainable Planning Act 2009 - Queensland

Last Updated on Monday, 12 March 2012 14:20

The Sustainable Planning Act 2009 (SPA) ( 2.6 MB) was passed by Parliament on 16 September 2009. Queensland government anticipates that the Act will come into effect in late 2009.  This Act implements a number of the reform actions in Planning for a Prosperous Queensland - A reform agenda for planning and development in the Smart State ( 970 KB).
Transitioning from the Integrated Planning Act to the Sustainable Planning Act
The transitional provisions have been designed to minimise disruption and to ensure that all processes commenced under the Integrated Planning Act 1997 (IPA) can be completed under the IPA.
Read a short summary of the changes ( 98 KB). This change has been made to reflect a stronger focus on achieving ecological sustainability. The process for asking a local government to apply a superseded planning scheme has been simplified. Also, the timeframe for making an application under a superseded planning scheme has been reduced from 2 years to 1 year. This change is intended to give the new planning instrument, which reflects current planning standards, its full effect more quickly. It also means
that compensation is limited to those persons with an immediate intention to realise their development rights.
The process for making or amending a local planning instrument has been moved from the Act to a statutory guideline. This will enable more flexibility to ensure that planmaking
is continuously improved and reflects current drafting standards.
The Minister's powers to direct local governments to make or amend a local planning instrument have been expanded to enable the Minister:
? to direct a local government to amend a local planning instrument to make it consistent with the standard planning scheme provisions
? to make or amend a local planning instrument where urgent action is necessary to protect or give effect to a state interest, without first giving a direction to the local government
?to amend a local planning instrument, or multiple local planning instruments, to reflect the standard planning scheme provisions without first giving a direction to the local government.
Further information is available at http://www.dip.qld.gov.au/planning-reform/index.php

Integrated Planning Act 1997 (IPA) will be replaced by the Sustainable Planning Act 2009 (SPA).

The government claims it will "Focus on sustainable outcomes"
The new legislation requires a shift away from focusing on planning processes to the delivery of sustainable outcomes  - encouraging active community participation in the planning and development assessment system.

It remains for the community to be active in all available processes and ensuring all levels of government hear what it is that the community wants. Development for profit without protecting biodiversity ecosytems and all extant endemic species is not sustainability - ecologically sustainable development must begin NOW!

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