Under the State Development and Public Works Organisation Act 1971 (SDPWO Act), a regulation may be made that directs a local body and/or the Coordinator-General to undertake works.
The definition of 'works' under the SDPWO Act is very broad. It includes the whole and every part of any work, project, service, utility, undertaking or function that the Coordinator-General, another person on behalf of the Coordinator-General or a local body is authorised under the Act to undertake.
Current works regulations
Current works regulations are within the State Development and Public Works Organisation Regulation 2020.
Project reports for the works regulations are provided below:
- Rookwood Weir Project Report ( 328.0 KB)
- Building Future Schools Fund Project Report ( 249.8 KB)
- Queensland Performing Arts Centre Extension - New Performing Arts Venue Project Report ( 441.3 KB)
- Cairns Convention Centre Expansion Project Report ( 332.9 KB)
- Gold Coast University Hospital Second Project Report( 72.7 KB)
- Proposed Investigation Area for Fitzroy to Gladstone Pipeline ( 1.9 MB)
- Far North Queensland Health and Innovation Precinct Project Report ( 564.5 KB)
- Currumbin Eco Parkland Project Report ( 474.8 KB)
- Toowoomba to Warwick Water Pipeline Project Report ( 466.2 KB)
- Borumba Pumped Hydro Energy Storage Project Exploratory Works - Temporary Workers Accommodation Camps Project Report ( 1.6 MB)
Works by local body
If approved by the Minister and the Governor in Council, a regulation may be made that directs a local body to undertake the works.
The works would no longer be assessable development under the local government planning scheme, consistent with the Planning Regulation 2017.
What is a 'local body'?
Local bodies include:
- government-owned corporations
- statutory bodies
- other bodies established under an Act
- corporations whose shares are wholly owned by the State and/or local government/s
- subsidiaries of the abovementioned corporations.
A timeframe for the commencement or completion of the works may be specified, or if not specified, the works must be undertaken as soon as practicable.
Failure to comply
If the local body fails to comply with the works regulation, the Governor in Council may authorise the Coordinator-General or a project board to commence or complete the works.
All the costs of remedying a default must be paid by the local body.
Works by the Coordinator-General
If approved by the Minister and the Governor in Council, a regulation may direct the Coordinator-General to carry out works. The Coordinator-General or the person authorised by the Coordinator-General is exempt from the approval and planning requirements of the Planning Act 2016 for the works.
The exemption only applies when the functions of the Coordinator-General are performed under the State Development and Public Works Organisation Act 1971.
Works must be undertaken as soon as practicable after the regulation is made.
To ensure the timely delivery of the works, the regulation may enliven powers in the SDPWO Act for the Coordinator-General to (among other things):
- compulsorily acquire land, if required, and deal with land
- temporarily enter private land to, among other things:
- temporarily occupy the land
- carry out an investigation
- dig or bore into the land
- demolish buildings and remove plant and machinery
- construct buildings and bring in plant and machinery
- make roads
- deposit or take earth, timber and other materials.
The Coordinator-General can remain on the land for as long as considered necessary.
Notice to land owners and occupiers
Where practicable, the Coordinator-General is required to give the occupier of the land (or owner, in lieu of any occupier) seven days written notice of the intention to enter the land.
A person who claims to have suffered damage resulting from the exercise of the Coordinator-General's power to enter private land is entitled to make a claim for compensation.
Such a claim may include:
- compensation for damage to property of a temporary or permanent nature
- compensation for the taking of clay, soil or other material from the land (excluding water).
Delegation of works
A power, function or duty given to, or imposed on, the Coordinator-General under a works regulation can be delegated by the Coordinator-General to a:
- local body, or
- chief executive, senior executive or term appointee under the Public Sector Act 2022 whose remuneration is equal to or greater than a senior executive's.
This delegation is subject to the prior approval of the Minister and the Governor in Council.
Last updated: 15 Aug 2023