A key risk for major infrastructure facilities occurs with the possibility that development approvals will not be obtained or will be subject to conditions that make the project significantly more expensive to construct and/or operate.
Planning schemes are the primary instruments for integrating state, regional and local planning and development assessment. Local governments have the responsibility for making planning schemes and other local planning instruments for their respective government areas. The state has certain reserve powers in relation to local planning instruments, and may make policies and establish assessment criteria, including state planning policies and codes. In addition, the state may designate land for community infrastructure.
The Integrated Planning Act 1997 is the principal legislation for development proposals in Queensland. It provides a streamlined decision-making process called IDAS-a single integrated development assessment system for state and local government approval processes. IDAS also establishes a central role for the impact assessment process. It deals with the effects of development (which includes the use of premises) and establishes a framework for regulating that use either through conditions on the development approvals or through code compliance.
While the principal legislation would be the usual progression for a project proposal, if a project meets the relevant criteria under the state Development and Public Works Organisation Act 1971, (principally dealing with environmental coordination) the Coordinator-General may declare it as a significant project for which an environmental impact statement is required. In that case, the Coordinator-General will set the terms of reference for the environmental impact statement and will issue a report on the completed environmental impact statement setting conditions for the development. The project proponent will then proceed with an IDAS application. At this time, the assessment manager cannot impose development conditions that are inconsistent with those set by the Coordinator-General. The public continue to have the right to participate in the approval process. These public rights are integral to the public interest aspect of Queensland's public private partnership Policy.
It is likely that development approval will be required for any public private partnership project. The task of securing such approval should rest with the private party, since it will generally be responsible for the design, construction and operation of the project and is in the best position to negotiate, or consent to, the project detail.
Approvals other than site-based approvals, such as industry or quality accreditations and Foreign Investment Review Board approvals, are also generally the responsibility of the private party.