Paving the way for 2032 – Recent amendments to the Brisbane Olympic and Paralympic Games Arrangements Act 2021 (Qld)
What you need to know
- The Brisbane Olympic and Paralympic Games Arrangements Act 2021 (Qld) establishes the framework for planning, organising and delivering the Brisbane 2032 Olympic and Paralympic Games.
- The Act has been amended several times throughout 2024 and 2025. The most recent of these amendments commenced in February 2026.
- A key 2025 amendment was the insertion of Chapter 3A. This provides that the development of venues, villages and games-related transport infrastructure is lawful despite the requirements of key environment, planning and water legislation.
- The amendments also provide that decisions relating to the delivery of a venue or village, or the construction of games-related transport infrastructure will largely be final decisions that cannot be challenged, appealed, reviewed or set aside.
What you need to do
- Consider the impact of the Brisbane Olympic and Paralympic Games Arrangements Act 2021 (Qld) if you are involved in the development of venues and villages and other games-related infrastructure.
The Brisbane Olympic and Paralympic Games Arrangements Act 2021 (Qld) (BOPGA Act) establishes the framework for planning, organising and delivering the Brisbane 2032 Olympic and Paralympic Games.
The BOPGA Act has been amended significantly since it was first introduced in 2021. Recently, the BOPGA Act was amended by the:
- Brisbane Olympic and Paralympic Games Arrangements Amendment Act 2024 (Qld);
- Brisbane Olympic and Paralympic Games Arrangements and Other Legislation Amendment Act 2024 (Qld);
- Planning (Social Impact and Community Benefit) and Other Legislation Amendment Act 2025 (Qld); and
- Major Sports Facilities and Other Legislation Amendment Act 2026 (Qld).
Responsible entity for delivering venues and villages
Initially, responsibility for managing the construction and operation of venues and facilities for the sports program fell to the Brisbane Organising Committee. In June 2024, amendments introduced a second body, the Games Venue and Legacy Delivery Authority – later renamed the Games Independent Infrastructure and Coordination Authority (GIICA).
GIICA has taken over responsibility for delivering venues and villages in time for the Games from the Organising Committee.
Exemptions facilitating development of venues and villages
A key focus of both the 2024 and 2025 amendments was to make it easier for GIICA to facilitate the development of venues and villages and other games-related infrastructure to ensure timely delivery.
The 2024 accepted development pathway
The 2024 amendments made it possible for the Governor in Council, on the Minister's recommendation, to declare by regulation that development for a venue or village was "accepted development" under the Planning Act 2016 (Qld) or "PDA accepted development" under the Economic Development Act 2012 (Qld). Under the amended provisions, the Minister could recommend the making of such a declaration if the Minister was satisfied that:
- the Planning Act 2016 (Qld) or Economic Development Act 2012 (Qld) may have an adverse effect on the timely delivery of the venue or village;
- the making of the declaration was necessary to facilitate the timely delivery of the venue or village; and
- GIICA had made reasonable endeavours to consult with the chief executive of the Queensland planning department, the Minister for Economic Development Queensland, the Coordinator-General and relevant local government(s) in relation to the proposed declaration.
The current exemption framework
The 2025 amendments repealed the accepted development pathway and replaced it with Chapter 3A. The stated objectives of Chapter 3A are to:
- facilitate the timely delivery of development for or relating to authority venues, other venues and villages, and the construction of games-related transport infrastructure;
- protect the public interest in ensuring the State is ready to host the Brisbane 2032 Olympic and Paralympic Games and able to perform its obligations under relevant games agreements; and
- facilitate legacy uses of authority venues, other venues and villages after the Games.
The key change introduced by Chapter 3A is to make certain development for venues, villages and games-related transport infrastructure lawful despite the requirements of some of Queensland's key environment, planning and water legislation, including the Planning Act 2016, Environmental Protection Act 1994, Queensland Heritage Act 1992 and Economic Development Act 2012.
This is a significant shift. Not only do the new provisions remove the need for key planning and environment approvals, but they also remove associated public notification processes and third-party appeal rights. In addition, the amendments bar the bringing of any civil proceeding that would prohibit, restrict or limit such games-related development, as well as other forms of legal challenge (see below).
Building work for authority venues and other venues must still comply with the relevant provisions of the Building Act 1975 (Qld), while building work for villages that would otherwise be assessable development still requires a development permit. Federal legislation, including the Environment Protection and Biodiversity Conservation Act 1999 (Cth), will also continue to apply.
The venues, villages and games-related transport infrastructure that take the benefit of these new provisions are identified in Schedules 1 to 4 of the BOPGA Act, and the full list of legislation whose provisions will not be applicable to those projects appears in section 53DD.
Relevant decisions are final
The 2025 amendments make decisions related to the delivery of an authority venue, other venue or village, and the construction of games-related transport infrastructure, final and conclusive.
This means that these relevant decisions cannot be challenged, appealed, reviewed or set aside, including via an application for judicial review. Additionally, these decisions are not subject to any declaratory, injunctive or other orders. The only exception to this is where the Supreme Court finds that a decision is affected by jurisdictional error.
