Iconic Queensland Places Bill

_{27 February, 2008}

Ms JARRATT (Whitsunday—ALP) (3.31 pm): I, too, rise in support of the Iconic Queensland
Places Bill 2008. In the context of population growth and a sea change phenomenon occurring in the
state, planning is a critical activity and the necessary foundation in shaping our communities and
furthering their sustainability. This government has long recognised this imperative and has sought to
achieve positive outcomes by putting in place a planning and development framework which is primarily
realised through the Integrated Planning Act 1997. The cornerstone of this legislation holds that
sustainability is best achieved through good planning practices. The planning and development
framework recognises the key role that the community has in determining its own sense of place by
ensuring that there is community engagement that informs decision making for planning outcomes at
the local level.

The Iconic Queensland Places Bill 2008 has been introduced in the context of the upcoming
amalgamation of some councils in Queensland. It seeks to ensure that community engagement in
decision making for planning instruments continues to have an impact at the local level. The bill also
reflects the Queensland government’s commitment to addressing community concerns raised as a
result of the local government amalgamation process through the planning and development
framework. In a sentence, this bill gives councils what they asked for.

The bill has been developed to be consistent with the Integrated Planning Act 1997, which sets
out the state’s existing planning and development assessment system. The legislation uses the existing
Integrated Planning Act processes for making or amending planning schemes to consider their potential
effect on the iconic values of the iconic place. The legislation works with existing planning schemes to
further safeguard the iconic characteristics of a declared iconic place by identifying those planning
provisions which protect the iconic values.

Under this legislation, if a new or amended planning scheme, as may result from the
amalgamation process, may have effect in an iconic place and would change or replace a protected
planning provision, then the local government must prepare an impact report which is to be available for

inspection and purchase. This provides an opportunity for the community to review any potential
impacts of the proposed change. It also offers greater opportunity for engagement by the community in
decision making that affects the iconic values.

I turn to my own electorate and note that a key principle of the legislation is that it offers protection
for the work that communities have already undertaken to support their iconic values through their
current planning schemes. To be able to be declared an iconic place, those planning scheme provisions
must be identified and included in the published ministerial declaration. This is a key criteria—the
legislation is about preserving current protections to ensure that they are ongoing considerations in
future council decision making. This will explain to my constituents who live in the Whitsunday shire why
the Whitsunday Shire Council was unable to sign up to this legislation despite the community desire to
do so. Not only was there no recognised iconic characteristic in the planning scheme; there is no IPA
compliant planning scheme in place.

Mr Lucas: Ten years after IPA the Whitsunday council, despite trying to sell an airport on the
side, cannot even have an IPA compliant town planning system.

Ms JARRATT: I take that interjection from the minister. It is recognised that some councils may
have identifiable characteristics that could be considered iconic in a Queensland context—and the
Whitsunday would fit into that category—but they may not have preserved or supported those
characteristics in their planning schemes, as is the case in the Whitsunday. This legislation does not
offer them any added protection. Thus, some councils may not be able to utilise the opportunity offered
by this legislation as they have not expressed their iconic values through their planning scheme, or they
do not have suitable planning instruments in place to meet the criteria in the legislation. This legislation
does not give councils any more than they already have. It recognises that, where communities and
councils have made an effort to protect their unique characteristics through their planning schemes and
local laws, they are identified and that mechanisms are put in place to ensure future council decision
making considers those unique characteristics.

The legislation also provides communities that do have an iconic place declaration with greater
confidence in outcomes through transparency and decision making that reflects the iconic values. The
impact report must also be prepared if a local government proposes to make a temporary local planning
instrument which may have effect in an iconic place and would affect the operation of a protected
planning provision relating to the place or if they wish to make or amend a planning scheme policy. The
minister considers the impact report and whether the proposal would be inconsistent with protecting the
place’s iconic values. If it is inconsistent, the minister must impose conditions or advise the local
government that it may not proceed with the proposal. This modified process allows for the
consideration of iconic values in the state interest checking process and the public exhibition phase of
the planning processes.

The process is transparent and will highlight not only potential inconsistencies with the iconic
values but also where improvements can be made. By incorporating the consideration of potential
impacts on iconic values into local government decision making about their local planning instruments,
the legislation is being true to the government’s commitment to protect the distinguishing characteristics
of Queensland’s unique communities. This bill gives councils what they asked for, and I commend the
bill to the House.

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