BRISBANE REGION ENVIRONMENT COUNCIL
BRIEFING
October 30, 1998
PROTECTING ECOLOGICAL INFRASTRUCTURE
BINDING AGREEMENTS USING INTEGRATED PLANNING ACT
This briefing paper is to draw your attention to possibilities of IPA in allowing conservation agreements on title, binding on sucessors in title
IPA Ecological Infrastructure agreements
This technique allows any Public Sector Entity to enter into ecosystem conservation, catchment protection and other ecological infrastructure agreements binding to the title of the land.
• A State Government (Minister DCILGP) can define a State environmental interest in Ecosystem and Catchment protection as being an environmental need.( Schedule 10 Definition of State Interest and Definition of Infrastructure )
• The State Government and Local Governments can also require that infrastructure to protect these interests be planned for, so as to allow for the coordinated and efficient provision of infrastructure.( Objectives of the Act and Schedule 10 Definition of Infrastructure )
• A local government can put this infrastructure into their planning scheme as a core matter or as a State Dimension ( s2.1.4 )
• A person may enter into a written agreement with a public sector entity about—an Infrastructure Agreement for (d) supplying infrastructure other than development infrastructure items for a development proposal.( s5.2.2(1) )
• This infrastructure agreement may bind successors in title.( s5.2.5.(1))
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Relevant Sections of the Integrated Planning Act 1997 Schedule 10 of the Integrated Planning Act 1997 "State interest" means— (a) an interest that, in the Minister’s opinion, affects an economic or environmental interest of the State or a region; or"infrastructure" includes land, facilities, services and works used for supporting economic activity and meeting environmental needs........... "land" includes— (a) any estate in, on, over or under land; and (b) the airspace above the surface of land and any estate in the airspace; and (c) the subsoil of land and any estate in the subsoil. "environment" includes— (a) ecosystems and their constituent parts including people and communities; and (b) all natural and physical resources; and (c) those qualities and characteristics of locations, places and areas, however large or small, that contribute to their biological diversity and integrity, intrinsic or attributed scientific value or interest, amenity, harmony, and sense of community; and (d) the social, economic, aesthetic and cultural conditions affecting the matters in paragraphs (a), (b) and (c) or affected by those matters. PART 2—INFRASTRUCTURE AGREEMENTS ú Meaning of "infrastructure agreement" 5.2.1. In this part— "infrastructure agreement" means an agreement, as amended from time to time, mentioned in any of the following sections— • section 3.5.35 100 • section 3.5.36 101 • section 5.1.11(2)102 • section 5.1.12 103 • section 5.1.14(2)104 • section 5.1.15(1) and (2)105 • section 5.2.2(1).106 ú100 Section 3.5.35 (Limitations on conditions lessening cost impacts for infrastructure) 101 Section 3.5.36 (Matters a condition lessening cost impacts for infrastructure mustdeal with) 102 Section 5.1.11 (When development infrastructure item must be supplied)103 Section 5.1.12 (Different times may be agreed on for paying the charge orsupplying the development infrastructure item) 104 Section 5.1.14 (Infrastructure charges taken to be a rate)105 Section 5.1.15 (Alternatives to paying infrastructure charges)106 Section 5.2.2 (Agreements may be entered into about infrastructure)Agreements may be entered into about infrastructure 5.2.2.(1) A person may enter into a written agreement with a public sector entity about— (a) funding a development infrastructure item in an infrastructure charges plan other than by an infrastructure charge; or (b) supplying a development infrastructure item to a different standard than the standard stated for the item in an infrastructure charges plan; or (c) supplying a development infrastructure item not identified in an infrastructure charges plan (whether or not an infrastructure charges plan has been prepared for the planning scheme); or (d) supplying infrastructure other than development infrastructure items for a development proposal. (2) To remove any doubt, it is declared that part 1 and chapter 3, part 5, division 6 do not stop a person from entering into an agreement under subsection (1) with a public sector entity. Matters certain infrastructure agreements must contain 5.2.3. An infrastructure agreement must— (a) if obligations under the agreement would be affected by a change in the ownership of the land, the subject of the agreement—include a statement about how the obligations must be fulfilled if there is a change of ownership; and (b) if the fulfilment of obligations under the agreement depends on development entitlements that may be affected by a change to a planning instrument—include a statement about— (i) the repayment of amounts paid, and reimbursement of amounts expended, under the agreement; and (ii) changing or cancelling the obligations if the development entitlements are changed without the consent of the person who has to fulfil the obligations; and (c) include any other matter prescribed under a regulation. Copy of infrastructure agreements to be given to local government 5.2.4. If a public sector entity other than a local government is a party to an infrastructure agreement, and the local government for the area to which the agreement applies is not a party to the agreement, the public sector entity must give a copy of the agreement to the local government. When infrastructure agreements bind successors in title 5.2.5.(1) If an owner of land to which an infrastructure agreement applies is a party to the agreement or consents to the development obligations being attached to the land, the development obligations attach to the land and bind the owner and the owner’s successors in title of the land (2) If the owner’s consent under subsection (1) is given but is not endorsed on the agreement, the owner must give a copy of the document evidencing the owner’s consent to the local government for the land to which the consent applies. (3) In this section— "development obligations" means the obligations under the infrastructure agreement other than the obligations to be fulfilled by a public sector entity. Exercise of discretion unaffected by infrastructure agreements 5.2.6. An infrastructure agreement is not invalid merely because its fulfilment depends on the exercise of a discretion by a public sector entity about a development application. State, regional and local dimensions of planning scheme matters 2.1.4.(1) A matter (including a core matter) in a planning scheme may have local, regional or State dimensions. (2) A local dimension of a planning scheme matter is a dimension that is within the jurisdiction of local government but is not a regional or State dimension. (3) A regional dimension of a planning scheme matter is a dimension— (a) about which a regional planning advisory committee report makes a recommendation; or (b) that can best be dealt with by the cooperation of 2 or more local governments. (4) A State dimension of a planning scheme matter (including a matter reflected in a State planning policy) is a dimension of a State interest.
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ENDS