Transport Infrastructure Act 1994

The planning Minister and the transport Minister may jointly approve a draft plan if satisfied that—

the draft plan, or Brisbane port LUP as amended by the draft plan, satisfactorily deals with the core matters relevant to the plan and the mandatory requirements of the plan under section 283S; and

the port operator has taken appropriate account of issues raised in properly made submissions; and

the Brisbane City Council does not have a substantial objection to the draft plan; and

State interests will not be adversely affected by the draft plan.

If the planning Minister and the transport Minister are satisfied about subsection (1)(a), (b) and (d) but are satisfied that the Brisbane City Council has a substantial objection to the draft plan, the draft plan may only be approved by the Governor in Council.

Approval of the Brisbane port LUP, or an amendment of the plan, must be notified in the gazette within 21 days after it is given.

The approval or amendment takes effect when it is notified in the gazette.

As soon as practicable after the approval or amendment is notified in the gazette, the planning chief executive must give the port operator notice of the gazettal.