Paper

Infrastructure Agreements - Tip and Traps

David Nicholls, James Ireland, and Sarah Macoun / 01 November 2006

Infrastructure agreements, as they are now called, have a long history in planning and development law in Queensland. They have been variously described as rezoning agreements or development agreements. Under the Local Government Act 1936 (repealed) they were referred to as an “agreement as to works”. The term “infrastructure agreement” appears to have been given legislative recognition for the first time under the Local Government (Planning and Environment) Act 1990 (repealed).

Superseded legislation contained restrictions on the use of agreements by local governments to extract “consideration” which could not lawfully be obtained by way of a development condition. These restrictions, which were found in the sections of the repealed legislation dealing with unlawful conditions, have not been replicated in the Integrated Planning Act 1990 (“IPA”).

Authors
David Nicholls
Consultant
David is a Consultant in our Planning and Environment practice and enjoys a reputation as one of Australia’s leading planning and environment lawyers.
James Ireland
Partner
James is Partner in our Planning and Environment practices with a reputation for exceptional advice across the areas of planning and development approvals, planning litigation and dispute resolution, infrastructure, land valuation and the compulsory...
Sarah Macoun
Partner
Sarah is a Partner in our Planning and Environment practice and offers extensive experience in the areas of planning approvals, litigation and dispute resolution, together with many years of experience and a keen interest in environmental legislation and...

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