Parliament Passes EDOLA, HOLA and QCAT Bills

The Queensland Parliament has passed the Economic Development and Other Legislation Amendment (EDOLA) Bill 2018, the Health and Other Legislation Amendment Bill that amends the Retirement Villages Act 1999, and the Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018.

EDOLA Bill

The EDOLA Bill amends several Acts with many of the provisions impacting the property industry:

  • Building Queensland Act 2015 (BQ Act) – the amendments are in response to the report An Administrative Review of Building Queensland’s Operating Arrangements. 
  • Amendments to the Economic Development Act 2012 (ED Act) – seek to improve the alignment between the ED Act and the Planning Act 2016. 
  • Amendments to the Planning Act 2016 – validating infrastructure charge notices (ICNs) issued under the repealed SPA since July 2014.  Removes the requirement for a submitter appellant to serve a notice of appeal to all other submitters to the development application. 
  • Amendments to the Planning and Environmental Court Act 2016 (P&E Court Act) - allows the P&E Court Act to refer matters for private mediation.
  • Queensland Reconstruction Authority 2011 (QRA Act) – expanding the remit of the QRA to cover all natural disasters and facilitates the “betterment” of community infrastructure. 
  • Amends the Sanctuary Cove Resort Act 1985 to enable development of retirement villages and/or residential care facilities.
  • Repeals the Southern Moreton Bay Islands Development Entitlements Protection Act 2004 Act.

During the second reading of the Bill, Minister Cameron Dick MP moved a series of amendments relating to the establishment of local consultative committees following the declaration of a provisional priority development area.

The Property Council provided a submission on the Bill during the Committee review process.

The Economic Development Other Legislation Amendment (EDOLA) Bill 2018 can be accessed here.

Retirement Villages Act 1999 amendments

Amendments to the Retirement Villages Act 1999 were passed as part of the Health and Other Legislation Amendment Bill. 

The amendments require village operators to purchase freehold units from residents, if the unit has not sold within 18 months.  This amendment follows changes introduced to the Retirement Villages Act in 2017, which mandate the compulsory ‘buy back’ of units in leasehold villages.

The Property Council provided a submission against the amendments and presented to the Parliamentary Committee tasked with reviewing the Bill.

The Health and Other Legislation Amendment Bill and explanatory notes can be accessed here.

Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018

Reforms stemming from the Report on the Review of the Queensland Civil and Administrative Tribunal Act 2009 have been passed.

The Queensland Civil and Administrative Tribunal and Other Legislation Amendment Bill 2018 can be accessed here.