Transport Infrastructure Act 1994

This section applies if land (former port land) stops being Brisbane core port land.

The port operator must give written notice of the particulars of the former port land, including the date it stopped being Brisbane core port land, to—

the Brisbane City Council; and

the planning chief executive.

An entity given a notice under subsection (2) must ensure there is a record, on each relevant map in the council’s planning scheme held by the entity, indicating that the land is not Brisbane core port land.

Subsections (5) to (7) apply if the former port land is, when it stops being Brisbane core port land, unzoned land.

While the former port land is unzoned land—

the Brisbane port LUP continues to apply to the land and the land is taken to be a part of the Brisbane City Council’s planning scheme; and

the Brisbane City Council is the assessment manager for a development application for development on the land that is assessable development for the Planning Act under the Brisbane port LUP even if the land is not part of, but adjoins, the council’s local government area.

When the former port land stops being unzoned land, the Brisbane port LUP does not apply to the land.

To the extent subsection (5) is inconsistent with any regulated requirements prescribed by regulation under the Planning Act, section 16(2), subsection (5) prevails.

Subsection (6) applies to former port land even if the Brisbane port LUP has not been amended to show the former port land is not included in the plan.

In this section—