Working draft only - not government policy
Queensland
Planning Regulation 2016
Subordinate Legislation 2015 No. ...
made under the
Planning Act 2015
Contents
Page
Part 1
Preliminary
1
Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
2
Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
3
Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14
Part 2
Planning
Division 1
State planning instruments
4
Regions—Act, sch 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Division 2
Local planning instruments
Subdivision 1
Required contents of local planning instruments
14
5
Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
6
Zones that may be adopted—Act, s 15 . . . . . . . . . . . . . . . . . . . .
15
7
Use terms that may be adopted—Act, s 15 . . . . . . . . . . . . . . . . .
16
8
Administrative terms—Act, s 15 . . . . . . . . . . . . . . . . . . . . . . . . . .
16
Subdivision 2
Other provisions for local planning instruments
9
Minister’s rules and guidelines—Act, s 16 . . . . . . . . . . . . . . . . . .
10
Application of planning scheme as categorising instrument in relation to
prescribed tidal works—Act, s 17(9). . . . . . . . . . . . . . . . . . . . . . .
17
Division 3
Superseded planning schemes
11
Making superseded planning scheme request—Act, s 26(5) . . . .
17
12
Deciding superseded planning scheme request—Act, s 26(5) . .
18
17
Contents
13
Rules for planning changes made to reduce risks from natural events—
Act, s 27(4)(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
Division 4
Designation of premises for development of infrastructure
14
Infrastructure—Act, s 32(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
Guideline for process for carrying out environmental assessment and
consultation—Act, s 33(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
19
16
Designation process rules—Act, s 34(7) . . . . . . . . . . . . . . . . . . .
Part 3
Categorising instruments and categories of development
19
17
Development local categorising instrument may not state is assessable
development—Act, s 41(3)(b). . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
18
Accepted, prohibited and assessable development—Act, ss 42 and 43
20
Part 4
Development applications
Division 1
Assessment manager
19
Assessment manager for development applications generally—Act, s
46(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
Division 2
Referral agencies generally
Subdivision 1
Preliminary
20
Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subdivision 2
Referral agencies generally
21
Referral agencies generally—Act, ss 52(2) and 54(5) . . . . . . . . .
Subdivision 3
Referral agency’s assessment generally
22
Purpose of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22
23
Matters generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22
24
Additional matters for assessing prescribed assessable development 23
25
Additional matters for assessing assessable development under local
categorising instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
Division 3
Referral agencies for particular development at Port of
Brisbane
21
21
26
Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27
Referral agencies for development application—Act, ss 52(2) and 54(5)
24
28
Referral agency’s assessment of development application—Act, s 53(2)
24
Division 4
Assessing and deciding development applications
Subdivision 1
[Standard/Code?] assessment
29
Standard assessment—Act, s 43(3). . . . . . . . . . . . . . . . . . . . . . .
Subdivision 2
[Merit/Impact?] assessment
30
[Merit/Impact] assessment—Act, s 43(4)(a) . . . . . . . . . . . . . . . . .
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Contents
Subdivision 3
Assessing variation requests
31
Assessing variation requests—Act, s 59(2)(d) . . . . . . . . . . . . . . .
Subdivision 4
Miscellaneous
32
Particular assessment benchmarks . . . . . . . . . . . . . . . . . . . . . . .
27
33
Assessment benchmarks that may not be changed—Act s 41(3)(c)
28
Division 5
Miscellaneous
34
Who decision notice must be given to—Act, s 61(1)(f). . . . . . . . .
28
35
Requirements for decision notice—Act, s 61(3) . . . . . . . . . . . . . .
29
36
Development assessment rules—Act, s 66(3) . . . . . . . . . . . . . . .
30
37
Who decision about change representations must be given to—Act, s
74(2)(b)(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30
27
38
Fees for particular applications. . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 5
Proposed call in notices
39
Content of proposed call in notice—Act, s 99(3)(a) . . . . . . . . . . .
31
40
When proposed call in notice must be given—Act, s 99(3)(b) . . .
32
41
Effect of proposed call in notice on process for administering
application—Act, s 99(3)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33
Effect of proposed call in notice on appeal period—Act, s 99(3)(c)
33
42
30
43
Representation period—Act, s 99(3)(d) . . . . . . . . . . . . . . . . . . . .
34
44
Notice of decision not to call in application—Act, s 99(3)(e) . . . .
34
Part 6
Infrastructure
45
Adopted charges—Act, s 110. . . . . . . . . . . . . . . . . . . . . . . . . . . .
46
Infrastructure guidelines—Act, ss 114 and 115 and sch 1, definition
local government infrastructure plan, paragraph (a). . . . . . . . . . .
36
Part 7
Dispute resolution
47
Qualifications and experience for referees—Act, s 254(1) and (2)
37
48
Tribunal chairperson—Act, s 258(4)(a). . . . . . . . . . . . . . . . . . . . .
38
49
Fees for tribunal proceedings—Act, s 258(4)(c) . . . . . . . . . . . . . .
38
Part 8
Urban encroachment
Division 1
Application for registration or renewal
50
Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
51
Requirements for application for registration or renewal—Act, s 297(a)
39
52
Applicant to give notice of application—Act, s 297(f) . . . . . . . . . .
40
53
Minister may request extra information—Act, s 297(b) and (c) . .
41
54
Assessing application for registration or renewal—Act, s 297(d) .
42
55
Criteria for registration or renewal—Act, s 289(7)(b) . . . . . . . . . .
42
35
39
Page 3
Contents
56
Content of notices—Act, s 297(e) . . . . . . . . . . . . . . . . . . . . . . . .
Division 2
Amending or cancelling registration
57
Notice of proposed amendment—Act, s 297(g) . . . . . . . . . . . . . .
43
58
Notice of proposed cancellation—Act, s 297(g) . . . . . . . . . . . . . .
44
59
Requirements for notices about cancelling or amending registration—
Act, s 297(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
44
Division 3
Affected area development applications
60
Development applications that are not affected area development
applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 9
42
45
Miscellaneous
61
Approving plans of subdivision—Act, s 306 . . . . . . . . . . . . . . . . .
46
62
Public access to certain documents—Act, s 285 . . . . . . . . . . . . .
46
63
Planning and development certificates—Act, s 286(4). . . . . . . . .
47
64
Prescribed tidal works—Act, sch 1, definition prescribed tidal works 47
Schedule 1
Regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 1
SEQ region
Part 2
Far North Queensland region
Part 3
North West region
Part 4
Central West region
Part 5
South West region
Part 6
Maranoa—Balonne region
Part 7
Wide Bay Burnett region
Part 8
Mackay, Isaac and Whitsunday region
Part 9
Central Queensland region
Part 10
Darling Downs region
Part 11
Cape York region
Part 12
North Queensland region
Schedule 2
Zones for local planning instruments . . . . . . . . . . . . . . . . . . .
54
Schedule 3
Use terms for local planning instruments . . . . . . . . . . . . . . . .
62
Schedule 4
Administrative terms for local planning instruments . . . . . .
69
Part 1
Administrative terms generally
Part 2
Administrative term for LGIPs
Schedule 5
Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 1
Infrastructure for transport
Part 2
Other infrastructure
Schedule 6
Assessment manager for development applications . . . . . .
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Planning Regulation 2016
Contents
Schedule 7
Development local categorising instrument may not state is
assessable development . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
82
Part 1
Material change of use of premises
1
Material change of use for particular buildings or structures . . . .
82
2
Material change of use for particular cropping . . . . . . . . . . . . . . .
83
3
Material change of use for Guragunbah local area . . . . . . . . . . .
83
4
Material change of use for off-road motorcycling facility . . . . . . .
84
5
Material change of use for community residence . . . . . . . . . . . . .
84
Part 2
Operational work
6
Operational work by or on behalf of public sector entity. . . . . . . .
85
7
Operational work for ancillary works and encroachments . . . . . .
85
8
Operational work for substitute railway crossing . . . . . . . . . . . . .
85
9
Operational work performed by railway manager . . . . . . . . . . . . .
85
10
Operational work under rail feasibility investigator’s authority . . .
85
11
Operational work under Coastal Act. . . . . . . . . . . . . . . . . . . . . . .
86
12
Operational work for navigational aid or sign . . . . . . . . . . . . . . . .
86
13
Operational work for subscriber connection . . . . . . . . . . . . . . . . .
86
14
Operational work for agriculture . . . . . . . . . . . . . . . . . . . . . . . . . .
86
15
Operational work for removing quarry material . . . . . . . . . . . . . .
87
16
Operational work for the removal, destruction or damage of a marine
plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87
17
Operational work for harvesting trees for wood production . . . . .
87
18
Operational work on off-road motorcycling facility land . . . . . . . .
87
Part 3
Reconfiguring a lot
19
Particular reconfigurations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 4
Other development
20
Development for a mining or petroleum activity . . . . . . . . . . . . . .
89
21
Development for geothermal exploration . . . . . . . . . . . . . . . . . . .
90
22
Development for GHG storage activities . . . . . . . . . . . . . . . . . . .
90
23
Development directed under a State law . . . . . . . . . . . . . . . . . . .
91
88
24
Development for infrastructure activities. . . . . . . . . . . . . . . . . . . .
91
25
Development under the South Bank Corporation Act 1989 . . . . .
93
26
Development for a priority development area. . . . . . . . . . . . . . . .
93
27
Development for a connection under the SEQ Water Act . . . . . .
93
28
Development for public housing . . . . . . . . . . . . . . . . . . . . . . . . . .
93
29
Development for boot camp centres. . . . . . . . . . . . . . . . . . . . . . .
96
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Particular development for educational facilities. . . . . . . . . . . . . .
97
Schedule 8
Accepted development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
102
Part 1
Building work
1
Building work declared under the Building Act . . . . . . . . . . . . . . .
Part 2
Material change of use of premises
2
Material change of use for aquaculture . . . . . . . . . . . . . . . . . . . .
102
3
Material change of use on contaminated land . . . . . . . . . . . . . . .
103
4
Material change of use in a State forest . . . . . . . . . . . . . . . . . . . .
104
Part 3
Operational work
5
Operational work for taking or interfering with water . . . . . . . . . .
104
6
Operational work for waterway barrier works . . . . . . . . . . . . . . . .
106
7
Operational work in a declared fish habitat area . . . . . . . . . . . . .
106
8
Operational work impacting on marine plants . . . . . . . . . . . . . . .
107
9
Operational work for wetland protection areas . . . . . . . . . . . . . . .
108
10
Operational work for tidal works or works within a coastal management
district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
109
11
Operational work relating to levees . . . . . . . . . . . . . . . . . . . . . . .
109
Schedule 9
Prohibited development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
110
1
Material change of use for a brothel . . . . . . . . . . . . . . . . . . . . . . .
110
102
2
Material change of use on contaminated land . . . . . . . . . . . . . . .
111
3
Operational work for clearing native vegetation . . . . . . . . . . . . . .
111
4
Operational work in a wetland protection area . . . . . . . . . . . . . . .
111
5
Development in North Stradbroke Island Region . . . . . . . . . . . . .
112
Schedule 10
Building work that is assessable development . . . . . . . . . . .
113
Part 1
Preliminary
1
About this schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2
Building work under the Building Act
Division 1
Assessable development
2
Assessable development [sch 3, part 1, table 1, item 1] . . . . . . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
113
114
Subdivision 1
Chief executive as referral agency
Subdivision 2
Local government as referral agency
Subdivision 3
Other entities as referral agency
Schedule 11
Material change of use of premises that is assessable development
138
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Contents
Part 1
Preliminary
1
About this schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2
Material change of use for an environmentally relevant
activity
Division 1
Assessable development
2
Assessable development [sch 3, part 1, table 2, item 1] . . . . . . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Part 3
Material change of use for a brothel
Division 1
Assessable development
3
Assessable development [sch 3, part 1, table 2, item 2] . . . . . . .
Division 2
Assessment by assessment manager
Part 4
Material change of use for a major hazard facility
Division 1
Assessable development
4
Assessable development [sch 3, part 1, table 2, item 5] . . . . . . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Part 5
Material change of use for aquaculture
Division 1
Assessable development
5
Assessable development [sch 3, part 1, table 2, item 10] . . . . . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Schedule 12
Operational work that is assessable development . . . . . . . .
Part 1
Preliminary
1
About this schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2
Operational work that is clearing native vegetation
Division 1
Assessable development
2
Assessable development [sch 3, part 1, table 4, item 1] . . . . . . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Part 3
Operational work associated with reconfiguring a lot
Division 1
Assessable development
3
Assessable development [sch 3, pt 1, table 4, item 2] . . . . . . . . .
138
139
142
143
144
146
146
147
149
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Contents
Division 2
Assessment by assessment manager
Part 4
Operational work for taking or interfering with water
Division 1
Assessable development
4
Assessable development [sch 3, part 1, table 4, item 3] . . . . . . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Part 5
Operational work for particular dams
Division 1
Assessable development
5
Assessable development [sch 3, part 1, table 4, item 4] . . . . . . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Part 6
Operational work for tidal works or works in a coastal
management district
Division 1
Assessable development
6
Assessable development [sch 3, pt 1, table 4, item 5] . . . . . . . . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Part 7
Operational work relating to fisheries
Division 1
Assessable development
7
Assessable development [sch 3, part 1, table 4, items 6, 7 and 8]
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Part 8
Operational work in a wetland protection area
Division 1
Assessable development
8
Assessable development [schedule 3, part 1, table 4, item 10] . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Part 9
Operational work for levees
Division 1
Assessable development
9
Assessable development [sch 3, part 1, table 4, items 11 and 12]
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Schedule 13
Reconfiguring a lot that is assessable development . . . . . . .
Part 1
Preliminary
1
About this schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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152
154
158
160
162
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Contents
Part 2
Reconfiguring a lot under the Land Title Act
Division 1
Assessable development
2
Assessable development [sch 3, part 1, table 3, item 1] . . . . . . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Schedule 14
Other development that is assessable development . . . . . . .
Part 1
Preliminary
1
About this schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2
Development for removing quarry material
Division 1
Assessable development
2
Assessable development [schedule 3, part 1, table 5, item 1] . . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Part 3
Development on Queensland heritage place
Division 1
Assessable development
3
Assessable development [schedule 3, part 1, table 5, item 2] . . .
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Part 4
Development on local heritage place
Division 1
Assessable development
166
176
176
177
178
4
Assessable development [sch 3, part 1, table 5, item 3] . . . . . . .
Division 2
Assessment by assessment manager
180
Division 3
Referral agency’s assessment
Part 5
Development on strategic port land
Division 1
Assessable development
5
Assessable development [sch 3, part 1, table 5, item 6 and sch 3, part 1,
table 2, item 3] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
182
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Part 6
Development on airport land
Division 1
Assessable development
6
Assessable development [sch 3, part 1, table 5, item 7 and sch 3, part 1,
table 2, item 3] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
183
Division 2
Assessment by assessment manager
Division 3
Referral agency’s assessment
Schedule 15
Referral agency assessment for particular prescribed assessable
development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
186
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Contents
Part 1
Material change of use of premises
Part 2
Operational work
Part 3
Other development
Schedule 16
Referral agency assessment for assessable development under a
local categorising instrument . . . . . . . . . . . . . . . . . . . . . . . . .
190
Part 1
Preliminary
1
About this schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
190
Part 2
Material change of use of premises
Part 3
Operational work
Part 4
Other assessable development
Schedule 17
Referral agency assessment for development at Port of Brisbane
206
Part 1
Preliminary
1
About this schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2
Assessable development under Brisbane port LUP
Part 3
Development below high-water mark and within Port of
Brisbane’s port limits
Schedule 18
[Standard/Code?] assessment generally . . . . . . . . . . . . . . . .
Part 1
Assessment benchmarks
1
Assessment benchmarks if local government is assessment manager
218
2
Assessment benchmarks if chief executive is assessment manager for
development application relating to Brisbane core port land . . . .
219
Part 2
Matters to have regard to
3
Matters [standard/code?] assessment must have regard to. . . . .
219
Schedule 19
[Merit/Impact?] assessment generally . . . . . . . . . . . . . . . . . .
220
Part 1
Assessment benchmarks
1
Assessment benchmarks if local government is assessment manager
220
2
Assessment benchmarks if chief executive is assessment manager for
development application relating to Brisbane core port land . . . .
221
Part 2
Matters to have regard to
3
Matters [merit/impact?] assessment must have regard to . . . . . .
221
Schedule 20
Particular reconfiguring a lot requiring [standard/code?]
assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
222
Application of sch 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
222
2
Definitions for sch 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
223
3
References to local instrument . . . . . . . . . . . . . . . . . . . . . . . . . . .
223
1
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4
Assessment benchmarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Schedule 21
Requirements for cropping involving forestry for wood production
227
223
Part 1
Requirements
1
Requirements for material change of use or operational work . . .
Part 2
Separation distances
Schedule 22
Requirements for high impact earthworks in a wetland protection
area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
231
1
Requirements for high impact earthworks in wetland protection area231
2
Criteria for operational work . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
232
Schedule 23
Particular application fees . . . . . . . . . . . . . . . . . . . . . . . . . . . .
237
Part 1
Assessment manager application fees
Division 1
Preliminary
1
Assessment manager application fee for relevant aspects
of development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
237
2
Assessment manager application fee components
for particular applications for vegetation clearing . . . . . . . . . . . . .
237
3
Assessment manager application fee components
for particular applications for waterway barrier works . . . . . . . . .
238
227
4
Assessment manager application fee for particular applications for fasttrack development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
238
5
Assessment manager application fee for applications by registered nonprofit organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
239
Division 2
Fees
Part 2
Referral agency application fees
Division 1
Preliminary
6
Referral agency application fee applies for relevant aspects
of development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
248
7
Referral agency application fee for particular building work . . . . .
248
8
Referral agency application fee components for particular applications
for clearing vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
249
9
Referral agency application fee components for particular applications
for waterway barrier works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
249
10
Referral agency application fee for particular applications for fast-track
development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
250
11
Referral agency application fee for applications by registered non-profit
organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
250
Page 11
Contents
Division 2
Fees
Part 3
Other fees
Division 1
Preliminary
12
Fees for change applications and extension applications . . . . . .
267
Division 2
Fees
Schedule 24
Maximum for adopted charges . . . . . . . . . . . . . . . . . . . . . . . .
269
Schedule 25
Tribunal fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
273
Schedule 26
Approving plans of subdivision . . . . . . . . . . . . . . . . . . . . . . . .
276
1
Request for approval of plan of subdivision . . . . . . . . . . . . . . . . .
276
2
Assessing request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
276
3
Deciding request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
277
Schedule 27
Special fire services and matters for referral agency assessment
279
Part 1
Special fire services
Part 2
Matters referral agency’s assessment must be against
Schedule 28
Development impacting on State transport infrastructure and
thresholds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
284
Schedule 29
Clearing of native vegetation that is not assessable development
286
Part 1
Clearing and other activities or matters—general
1
Clearing and other activities or matters for premises generally . .
Part 2
Clearing for particular land
2
Freehold land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
291
3
Indigenous land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
292
4
Land subject to a lease under the Land Act . . . . . . . . . . . . . . . . .
293
5
Land that is a road under the Land Act . . . . . . . . . . . . . . . . . . . .
295
6
Particular trust land under the Land Act . . . . . . . . . . . . . . . . . . . .
296
7
Unallocated State land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
297
8
Land subject to a licence or permit under the Land Act . . . . . . . .
298
Schedule 30
Publicly accessible documents . . . . . . . . . . . . . . . . . . . . . . . .
299
Part 1
Preliminary
1
Definition for sch 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 2
Requirements for local governments
2
Documents local government must keep available for inspection and
purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
299
3
Documents local government must keep available for inspection only
305
Page 12
286
299
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Planning Regulation 2016
Working draft only - not government policy
Planning Regulation 2016
Contents
4
Documents local government must or may publish on website . .
Part 3
Requirements for particular assessment managers
307
5
Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
Documents assessment manager must keep available for inspection
and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
308
7
Documents assessment manager must keep available for inspection
only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
310
8
Documents assessment manager must or may publish on website 311
Part 4
Requirements for referral agencies
9
Documents referral agency must keep available for inspection and
purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
313
10
Documents referral agency must keep available for inspection only 313
11
Documents referral agency may publish on website . . . . . . . . . .
Part 5
Requirements for chief executive
12
Documents chief executive must keep available for inspection and
purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
308
314
315
13
Documents chief executive must keep available for inspection only 318
14
Documents chief executive must or may keep on website . . . . . .
Part 6
Requirements for owners of registered premises
15
Requirements for owners of registered premises. . . . . . . . . . . . .
320
Schedule 31
Content of planning and development certificates . . . . . . . .
322
1
Limited planning and development certificates . . . . . . . . . . . . . .
322
2
Standard planning and development certificates . . . . . . . . . . . . .
322
3
Full planning and development certificates . . . . . . . . . . . . . . . . .
324
Schedule 32
Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
327
319
Page 13
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Planning Regulation 2016
Part 1 Preliminary
[s 1]
Part 1
1
Preliminary
Short title
This regulation may be cited as the Planning Regulation 2016.
2
Commencement
This regulation commences on [insert date].
3
Definitions
The dictionary in schedule 32 defines particular words used in
this regulation.
Part 2
Planning
Division 1
State planning instruments
Note: The regulatory provisions of particular State planning regulatory
provisions, including the SEQ Koala SPRP and the SEQ Regional Plan
SPRP, are yet to be transitioned into the regulation.
4
Page 14
Regions—Act, sch 1
(1)
The local government areas, or parts of the local government
areas, of each group of local governments mentioned in a part
of schedule 1 are prescribed as a region for schedule 1,
definition region of the Act.
(2)
Each region has the name given in schedule 1.
Working draft only - not government policy
Planning Regulation 2016
Part 2 Planning
[s 5]
Division 2
Local planning instruments
Subdivision 1
Required contents of local planning
instruments
5
Application of sdiv 1
This subdivision does not apply to—
6
(a)
a local planning instrument made under the old Act
before or after the commencement; or
(b)
a TLPI made for all or part of a local government area to
which a planning scheme mentioned in paragraph (a)
applies.
Zones that may be adopted—Act, s 15
(1)
A local planning instrument must not include land in a zone,
however called, other than a zone stated in schedule 2 [Zones
for local planning instruments], column 1.
(2)
If a local planning instrument includes land in a zone stated in
schedule 2, column 1—
(3)
(a)
the instrument must include the purpose statement for
the zone stated in schedule 2, column 2 opposite the
zone; and
(b)
the land included in the zone must be shown on zoning
maps in the local planning instrument using the RGB
colour stated in schedule 2, column 3 opposite the zone.
However—
(a)
a local planning instrument may use a term other than
‘zone’ for classifying land in the local government area;
and
(b)
a local planning instrument may change a purpose
statement for a zone—
Page 15
Working draft only - not government policy
Planning Regulation 2016
Part 2 Planning
[s 7]
(i)
to replace the term ‘zone’ with another term, if the
local planning instrument uses a term other than
‘zone’ for classifying land; or
(ii) if the Minister decides the change is necessary or
desirable having regard to the circumstances in the
local government area to which the instrument will
apply.
(4)
In this section—
RGB colour means the colour created when the colours red,
green and blue are combined in accordance with an integer
value for each colour, expressed as a number from 0 to 255.
7
8
Page 16
Use terms that may be adopted—Act, s 15
(1)
For the purposes of regulating uses in a local government
area, a local planning instrument may adopt only the use
terms in schedule 3 [Use terms for local planning
instruments], column 1.
(2)
If a local planning instrument adopts a use term stated in
schedule 3, column 1, the local planning instrument must
include the definition of the term stated in schedule 3, column
2 opposite the term.
Administrative terms—Act, s 15
(1)
If a local planning instrument includes an administrative term
stated in schedule 4 [Administrative terms for local planning
instruments], part 1, column 1, the local planning instrument
must include the definition (the prescribed definition) of the
term stated in schedule 4, part 1, column 2 opposite the term.
(2)
Also, if an LGIP includes an administrative term stated in
schedule 4, part 2, column 1, the LGIP must include the
definition (also the prescribed definition) of the term stated in
schedule 4, part 2, column 2 opposite the term.
(3)
A local planning instrument may include an administrative
term, other than a term stated in schedule 4, only if the term is
consistent with, and does not change the effect of, the
Working draft only - not government policy
Planning Regulation 2016
Part 2 Planning
[s 9]
administrative terms stated in schedule 4 and the prescribed
definitions for those terms.
Subdivision 2
9
Other provisions for local planning
instruments
Minister’s rules and guidelines—Act, s 16
The Minister’s rules and guidelines for the matters mentioned
in section 16(1) of the Act are contained in the document
called ‘Statutory guideline XXXX’, dated XXXX and
published on the department’s website.
Note: The title and date of the Minister’s rules and guidelines will be
inserted once made.
10
Application of planning scheme as categorising
instrument in relation to prescribed tidal works—Act, s
17(9)
A local government may apply its planning scheme as a
categorising instrument in relation to prescribed tidal works in
the tidal area for its non-port local government area to the
extent stated in the Coastal Regulation, schedule 4A.
Division 3
11
Superseded planning schemes
Making superseded planning scheme request—Act, s
26(5)
(1)
If the local government to which a superseded planning
scheme request is made has an approved form for the request,
the request must be in the approved form.
(2)
A superseded planning scheme request must include—
(a)
the name and contact details of the person making the
request; and
Page 17
Working draft only - not government policy
Planning Regulation 2016
Part 2 Planning
[s 12]
(b)
the address or property description of the premises to
which the request relates; and
(c)
a statement about whether the person making the
request is asking the local government—
(i)
to accept, assess and decide a superseded planning
scheme application; or
(ii) to apply a superseded planning scheme to the
carrying out of development that was accepted
development under the superseded planning
scheme; and
(3)
12
Page 18
(d)
for a request mentioned in paragraph (c)(i)—a copy of
the proposed superseded planning scheme application;
and
(e)
for a request mentioned in paragraph (c)(ii)—a
description of the proposed development; and
(f)
details of the superseded planning scheme to which the
request relates; and
(g)
if a fee for considering the request has been set by the
local government under subsection (3)—the fee.
A local government may, by resolution, set a fee for
considering a superseded planning scheme request.
Deciding superseded planning scheme request—Act, s
26(5)
(1)
A local government must decide a superseded planning
scheme request within 30 business days after the request is
received.
(2)
The period for deciding the request may be extended by the
local government if the person making the request gives
written agreement to the extension before the period ends.
Working draft only - not government policy
Planning Regulation 2016
Part 2 Planning
[s 13]
13
Rules for planning changes made to reduce risks from
natural events—Act, s 27(4)(e)
The rules for making a planning change to reduce risks to
persons or property from natural events are contained in the
document called ‘XXXX’, dated XXXX and published on the
department’s website.
Division 4
14
Designation of premises for
development of infrastructure
Infrastructure—Act, s 32(1)
Infrastructure stated in schedule 5 is prescribed for section
32(1) of the Act.
15
Guideline for process for carrying out environmental
assessment and consultation—Act, s 33(3)
The guideline for the process for carrying out, and consulting
on, an environmental assessment for the development of
infrastructure is contained in the document called ‘Statutory
guideline XXXX’, dated XXXX and published on the
department’s website.
Note: The title and date of the guideline will be inserted once made.
16
Designation process rules—Act, s 34(7)
The designation process rules are contained in the document
called ‘XXXX’, dated XXXX and published on the
department’s website.
Note: The title and date of the rules will be inserted once made.
Page 19
Working draft only - not government policy
Planning Regulation 2016
Part 3 Categorising instruments and categories of development
[s 17]
Part 3
17
Categorising instruments and
categories of development
Development local categorising instrument may not state
is assessable development—Act, s 41(3)(b)
A local categorising instrument may not state that
development stated in schedule 7 is assessable development.
18
Accepted, prohibited and assessable development—Act,
ss 42 and 43
(1)
Development stated in schedule 8 [Accepted development] is
accepted development.
(2)
Development stated in schedule 9 [Prohibited development] is
prohibited development.
(3)
Development is assessable development if it is stated in
schedules 10 [Building work that is assessable development]
to 14 [Other development that is assessable development] to
be assessable development.
(4)
Despite subsection (3), development is not assessable
development if the development is PDA-related development
and is mentioned in—
(5)
Page 20
(a)
schedule 12 [Operational work that is assessable
development], section 4, 6 or 7(c); or
(b)
schedule 14 [Other development that is assessable
development], section 2 or 3.
Schedules 10 [Building work that is assessable development]
to 14 [Other development that is assessable development]
state the category of assessment required for assessable
development mentioned in the schedules.
Working draft only - not government policy
Planning Regulation 2016
Part 4 Development applications
[s 19]
Part 4
Development applications
Division 1
Assessment manager
19
Assessment manager for development applications
generally—Act, s 46(2)
Schedule 6 [Assessment manager for development
applications], column 2 states the assessment manager for the
development application mentioned opposite the assessment
manager in column 1.
Division 2
Referral agencies generally
Subdivision 1
Preliminary
20
Application of div 2
This division does not apply to a development application for
development on Brisbane core port land that is categorised as
assessable development under the Brisbane port LUP, unless
the development is—
(a)
building work; or
(b)
carried out on a Queensland heritage place.
Subdivision 2
21
Referral agencies generally
Referral agencies generally—Act, ss 52(2) and 54(5)
(1)
Schedules 10 [Building work that is assessable development]
to 14 [Other development that is assessable development],15
[Referral agency assessment for particular prescribed
assessable development] and 16 [Referral agency assessment
for assessable development under a local categorising
Page 21
Working draft only - not government policy
Planning Regulation 2016
Part 4 Development applications
[s 22]
instrument] state the referral agencies for particular
development applications for assessable development
mentioned in the schedules.
(2)
A referral agency’s powers for a development application are
limited in the way stated for the application in the schedules.
Subdivision 3
22
23
Purpose of sdiv 3
(1)
This subdivision prescribes, for section 53(2) of the Act, the
matters a referral agency may, or must, assess a development
application against or having regard to.
(2)
However, a referral agency may consider a matter mentioned
in this subdivision only to the extent the matter is relevant to
the development.
Matters generally
(1)
Page 22
Referral agency’s assessment
generally
A referral agency for a development application must assess
the application having regard to—
(a)
a local instrument that applies to the premises; and
(b)
the regional plan for a region, unless the regional plan is
identified in the planning scheme as being appropriately
reflected in the planning scheme; and
(c)
if the premises is designated premises—the designation;
and
(d)
to the extent the referral agency’s powers involve
assessing the cost impacts of supplying infrastructure
for development under chapter 4, part 2, division 2,
subdivision 3 or part 3 of the Act—any relevant charges
resolution; and
Working draft only - not government policy
Planning Regulation 2016
Part 4 Development applications
[s 24]
(e)
24
material about the application received by the referral
agency, including material given to the referral agency
before the application was made.
(2)
If the referral agency is the chief executive, the referral agency
may also assess the application having regard to any other
relevant matter.
(3)
If the referral agency is an entity other than the chief
executive, the referral agency must assess the development
application against—
(a)
the laws administered by the referral agency; and
(b)
the policies that are reasonably identifiable as policies
applied by the referral agency.
Additional matters for assessing prescribed assessable
development
Schedules 10 [Building work that is assessable development]
to 14 and 15 [Referral agency assessment for particular
prescribed assessable development] prescribe other matters a
referral agency may, or must, assess a development
application against, or having regard to, if the development
application is for prescribed assessable development.
25
Additional matters for assessing assessable
development under local categorising instrument
Schedule 16 [Referral agency assessment for assessable
development under a local categorising instrument] prescribes
other matters a referral agency may, or must, assess a
development application against, or having regard to, if the
application is for assessable development under a local
categorising instrument.
Page 23
Working draft only - not government policy
Planning Regulation 2016
Part 4 Development applications
[s 26]
Division 3
26
Referral agencies for particular
development at Port of Brisbane
Application of div 3
This division applies to a development application for—
27
28
(a)
development on Brisbane core port land if the Brisbane
port LUP categorises the development as assessable
development; or
(b)
development below high-water mark and within the Port
of Brisbane’s port limits under the Transport
Infrastructure Act.
Referral agencies for development application—Act, ss
52(2) and 54(5)
(1)
Schedule 17 [Referral agency assessment for development at
Port of Brisbane] states the referral agencies for particular
development applications to which this division applies.
(2)
A referral agency’s powers for a development application are
limited in the way stated for the application in schedule 17
[Referral agency assessment for development at Port of
Brisbane].
Referral agency’s assessment of development
application—Act, s 53(2)
(1)
Schedule 17 [Referral agency assessment for development at
Port of Brisbane] prescribes the matters a referral agency may,
or must, assess the development application against, or having
regard to.
(2)
In addition to the matters mentioned in subsection (1), a
referral agency must assess the development application
having regard to—
(a)
Page 24
the Brisbane port LUP; and
Working draft only - not government policy
Planning Regulation 2016
Part 4 Development applications
[s 29]
(3)
(b)
if the premises is designated premises—the designation;
and
(c)
to the extent the referral agency’s powers involve
assessing the cost impacts of supplying infrastructure
for development under chapter 4, part 2, division 2,
subdivision 3 or part 3 of the Act—any relevant charges
resolution; and
(d)
material about the application received by the referral
agency, including material given to the referral agency
before the application was made.
However, a referral agency may consider a matter mentioned
in this section only to the extent the matter is relevant to the
development.
Division 4
Assessing and deciding
development applications
Subdivision 1
[Standard/Code?] assessment
29
Standard assessment—Act, s 43(3)
(1)
(2)
Schedule 18 [Standard assessment generally] prescribes, for
all development applications requiring [standard/code?]
assessment—
(a)
the assessment benchmarks the [standard/code?]
assessment must be carried out against; and
(b)
the matters the [standard/code?] assessment must be
carried out having regard to.
Schedules 10 [Building work that is assessable development]
to 14 [Other development that is assessable development]
prescribe, for development applications for prescribed
assessable
development
requiring
[standard/code?]
assessment—
Page 25
Working draft only - not government policy
Planning Regulation 2016
Part 4 Development applications
[s 30]
(3)
(a)
any other assessment benchmarks the [standard/code?]
assessment must be carried out against; and
(b)
any other matters the [standard/code?] assessment must
be carried out having regard to.
However—
(a)
for a development application for reconfiguring a lot to
which schedule 20 [Particular reconfiguring a lot..]
applies—[standard/code?]
assessment
of
the
development application must be carried out only
against the assessment benchmarks prescribed in
schedule 20 for the development; and
(b)
an assessment manager may, in assessing a development
application, consider an assessment benchmark or
matter mentioned in this section only to the extent the
matter is relevant to the development.
Subdivision 2
30
[Merit/Impact] assessment—Act, s 43(4)(a)
(1)
(2)
Schedule 19 [Merit assessment generally] prescribes, for all
development
applications
requiring
[merit/impact?]
assessment—
(a)
the assessment benchmarks the [merit/impact?]
assessment must be carried out against; and
(b)
the matters the [merit/impact?] assessment must be
carried out having regard to.
Schedules 10 [Building work that is assessable development]
to 14 [Other development that is assessable development]
prescribe, for development applications for prescribed
assessable
development
requiring
[merit/impact?]
assessment—
(a)
Page 26
[Merit/Impact?] assessment
any other assessment benchmarks the [merit/impact?]
assessment must be carried out against; and
Working draft only - not government policy
Planning Regulation 2016
Part 4 Development applications
[s 31]
(b)
(3)
any other matters the [merit/impact?] assessment must
be carried out having regard to.
However, an assessment manager may, in assessing a
development application, consider an assessment benchmark
or matter mentioned in this section only to the extent the
matter is relevant to the development.
Subdivision 3
31
Assessing variation requests
Assessing variation requests—Act, s 59(2)(d)
An assessment manager must consider the following matters
when assessing a variation request, to the extent the matter is
relevant to the request—
(a)
the common material;
(b)
if the assessment manager is a local government—the
State Planning Policy, part E, unless the State Planning
Policy is identified in the planning scheme as being
appropriately reflected in the planning scheme;
(c)
the regional plan for a region, unless the regional plan is
identified in the planning scheme as being appropriately
reflected in the planning scheme.
Subdivision 4
32
Miscellaneous
Particular assessment benchmarks
(1)
This section applies to a development application for a
material change of use of premises if—
(a)
the application is for a noise sensitive place on noise
attenuation land; and
(b)
the noise levels on the land exceed 45dBA (LAeq) during
the hours of operation of an off-road motorcycling
facility.
Page 27
Working draft only - not government policy
Planning Regulation 2016
Part 4 Development applications
[s 33]
(2)
The outcomes prescribed for noise category 2 in the QDC,
part 4.4 is an assessment benchmark for the development.
(3)
In this section—
LAeq means the constant sound pressure level which exhibits
the equivalent acoustic energy of a fluctuating noise level.
noise attenuation land means land shown as noise attenuation
land on map XXXX, dated XXXX, and published by the
department.
noise sensitive place means a dwelling used for residential
purposes or short-term accommodation purposes.
Note: This provision will require further consideration once the
regulatory provisions of the relevant SPRP are transitioned into the
regulation.
33
Assessment benchmarks that may not be changed—Act
s 41(3)(c)
The effect of the following assessment benchmarks, or parts
of an assessment benchmark, may not be changed under a
local categorising instrument—
(a)
the building assessment provisions;
(b)
the Coastal Regulation, schedule 4A;
(c)
the Environmental Protection Regulation, section 19C;
(d)
the Prostitution Regulation 2014, schedule 3;
(e)
the Queensland Heritage Regulation 2003, schedule 2.
Division 5
34
Who decision notice must be given to—Act, s 61(1)(f)
(1)
Page 28
Miscellaneous
If a distributor-retailer delegated its functions as a referral
agency for a development application to its participating local
Working draft only - not government policy
Planning Regulation 2016
Part 4 Development applications
[s 35]
government, the assessment manager must give a decision
notice for the application to the distributor-retailer.
(2)
35
The assessment manager for a development application for
building work must give a decision notice for the application
to each of the following persons—
(a)
if the building to which the application relates is, under
the Building Code, a single detached class 1a building
or a class 10 building or structure—the owner of the
building;
(b)
any other person nominated on the development
application as the person to receive documents.
Requirements for decision notice—Act, s 61(3)
A decision notice for a development application that is
approved must—
(a)
state any other development permits necessary to allow
the development to be carried out; and
(b)
be accompanied by any approved plans, specifications
or drawings for the development approval; and
(c)
if the development involves building work that is
building, repairing or altering a building—state the
classification or proposed classification of the building
or parts of the building under the Building Code; and
(d)
if the development application is taken, under the
Environmental Protection Act, section 115, to also be an
application for an environmental authority—state details
of any environmental authority given for the application
under the Environmental Protection Act.
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Planning Regulation 2016
Part 4 Development applications
[s 36]
36
Development assessment rules—Act, s 66(3)
The development assessment rules are contained in the
document called ‘XXXX’, dated XXXX, and published by the
department.
Note: The title and date of the development assessment rules will be
inserted once made.
37
Who decision about change representations must be
given to—Act, s 74(2)(b)(v)
(1)
38
This section applies if—
(a)
change representations are made for a development
approval; and
(b)
the assessment manager agrees with any of the change
representations.
(2)
If a distributor-retailer delegated its functions as a referral
agency for the development application to its participating
local government, the assessment manager must give a
negotiated decision notice about the decision to the
distributor-retailer.
(3)
If the development approval is for building works, the
assessment manager must give a negotiated decision notice
about the decision to each of the following persons—
(a)
for an approval for a building that is, under the Building
Code, a single detached class 1a building or a class 10
building or structure—the owner of the building;
(b)
any other person nominated on the development
application for the approval as the person to receive
documents.
Fees for particular applications
Schedule 23 [Particular application fees] prescribes—
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Planning Regulation 2016
Part 5 Proposed call in notices
[s 39]
(a)
for section 49(1)(b)(ii) of the Act, the fees for particular
development applications for prescribed assessable
development; and
(b)
for section 52(1) of the Act, the fees for giving
particular development applications to a referral agency
for the application; and
(c)
for section 77(1)(b)(i) of the Act, the fees for making a
change application to the chief executive as the
responsible entity; and
(d)
for section 84(3)(b)(i) of the Act, the fees for making an
extension application to the chief executive as the
assessment manager.
Part 5
39
Proposed call in notices
Content of proposed call in notice—Act, s 99(3)(a)
A proposed call in notice for an application must state all of
the following—
(a)
that the Minister is proposing to call in the application;
(b)
the reasons for the proposed call in;
(c)
if the notice is given before the decision maker decides
the application—that the process for administering the
application stops on the day the notice is given;
(d)
if the application is not a cancellation application—the
point in the process for administering the application
from which the Minister proposes the process will
restart if the application is called in;
(e)
if the application is proposed to be called in before the
decision maker decides the application—whether the
Minister intends to give a direction to the decision
maker under section 102(1)(c) [Deciding called in
application] of the Act;
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Planning Regulation 2016
Part 5 Proposed call in notices
[s 40]
(f)
40
that the person to whom the notice is given may make
representations to the Minister about the proposed call
in within the representation period.
When proposed call in notice must be given—Act, s
99(3)(b)
A proposed call in notice for an application must be given—
(a)
if the application is a development application—any
time before the latest of the following—
(i)
15 business days after the chief executive receives
notice of an appeal about the decision for the
application;
(ii) if there are any submitters for the application—50
business days after the decision notice for the
application is given to the applicant;
(iii) if there are no submitters for the application and a
decision notice is given for the application—25
business days after the day the decision notice for
the application is given to the applicant;
(iv) if the application is taken to have been approved
under section 62 [Deemed approval of
applications] of the Act and a decision notice is not
given for the application—25 business days after
the day the decision notice was required to be
given to the applicant; or
(b)
if the application is change representations about a
development approval—any time before the latest of the
following—
(i)
15 business days after the chief executive receives
notice of an appeal about the decision for the
development application to which the approval
relates;
(ii) if there are any submitters for the development
application to which the approval relates—50
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Planning Regulation 2016
Part 5 Proposed call in notices
[s 41]
business days after the decision notice for the
change representations is given to the applicant;
(iii) if there are no submitters for the application—25
business days after the day the decision notice for
the change representations is given to the
applicant; or
(c)
if the application is a change application or an extension
application—within 20 business days after the latest of
the following—
(i)
the chief executive receives notice of an appeal
about the decision for the application;
(ii) the end of any appeal period for the decision on the
application; or
(d)
41
42
if the application is a cancellation application—any time
before the development approval the subject of the
application is cancelled.
Effect of proposed call in notice on process for
administering application—Act, s 99(3)(c)
(1)
If a proposed call in notice is given for an application before
the decision maker decides the application, the process for
administering the application stops on the day the notice is
given.
(2)
If the Minister gives notice, under section 44, that the
application will not be called in, the process for administering
the application restarts from the point in the process at which
it stopped under subsection (1).
Effect of proposed call in notice on appeal period—Act, s
99(3)(c)
(1)
This section applies—
(a)
to an application, other than a cancellation application,
if—
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Planning Regulation 2016
Part 5 Proposed call in notices
[s 43]
(i)
a proposed call in notice is given for the
application after the decision maker decides the
application; and
(ii) the Minister gives notice, under section 44, that the
application will not be called in; and
(b)
(2)
43
for any appeal period relating to the decision on the
application, under the Act.
The appeal period for the decision is taken to have started
again the day after the notice is given under section 44.
Representation period—Act, s 99(3)(d)
For section 99(3)(d) of the Act, the representation period for a
proposed call in is the period of at least 5 business days after
the proposed call in notice is given, stated in the notice.
44
Notice of decision not to call in application—Act, s
99(3)(e)
(1)
If the Minister decides not to call in an application for which a
proposed call in notice has been given, the Minister must give
notice of the decision to each person to whom the proposed
call in notice was given.
(2)
The notice must be given within 20 business days after the end
of the representation period for the proposed call in.
(3)
Subsection (4) applies if the proposed call in notice was
given—
(4)
Page 34
(a)
for an application, other than a cancellation application;
and
(b)
before the decision maker made a decision on the
application.
The application must state that the process for administering
the application restarts from the point in the process at which
it stopped because of the giving of the proposed call in notice.
Working draft only - not government policy
Planning Regulation 2016
Part 6 Infrastructure
[s 45]
Part 6
45
Infrastructure
Adopted charges—Act, s 110
(1)
For section 110(4)(b) of the Act—
(a)
if development is a material change of use of premises,
reconfiguring a lot or building work and is for a use
stated in schedule 24 [Maximum for adopted charges],
column 1—a local government may have an adopted
charge for trunk infrastructure for the development
under chapter 4 of the Act; and
(b)
if a connection under the SEQ Water Act is for a use
stated in schedule 24 [Maximum for adopted charges],
column 1—a distributor-retailer may have an adopted
charge under that Act for trunk infrastructure for the
connection.
(2)
For section 110(1) of the Act, schedule 24 [Maximum for
adopted charges], column 2 states the maximum for each
adopted charge under chapter 4 of the Act and the SEQ Water
Act for providing trunk infrastructure for the use stated in
schedule 24, column 1 opposite the maximum.
(3)
Despite subsection (1), a local government or
distributor-retailer may not have an adopted charge for
development, or a connection, that is for—
(4)
(a)
an educational establishment for the Flying Start for
Queensland Children program; or
(b)
a low impact rural use; or
(c)
a minor use.
In this section—
landing means the use of premises for a structure for
mooring, launching, storing and retrieving vessels, and from
which passengers embark and disembark.
low impact rural use means a use that is—
(a)
animal husbandry; or
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Planning Regulation 2016
Part 6 Infrastructure
[s 46]
(b)
cropping; or
(c)
a permanent plantation; or
(d)
a wind farm.
minor use means a use that is—
(a)
an advertising device; or
(b)
a cemetery; or
(c)
a home-based business; or
(d)
a landing; or
(e)
a market; or
(f)
outdoor lighting; or
(g)
a park; or
(h)
a roadside stall; or
(i)
a telecommunications facility; or
(j)
a temporary use.
permanent plantation means the use of premises for growing,
but not harvesting, plants for the purpose of carbon
sequestration, biodiversity, natural resource management or
another similar purpose.
roadside stall means the use of premises for the roadside
display and sale of goods in a rural area.
temporary use means a use that is carried out on a
non-permanent basis and does not involve permanent
buildings or structures.
46
Infrastructure guidelines—Act, ss 114 and 115 and sch 1,
definition local government infrastructure plan,
paragraph (a)
The guidelines for the following matters are contained in the
document called ‘Statutory Guideline 03/14—Local
government infrastructure plans’, dated 12 June 2014 and
published by the department—
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Planning Regulation 2016
Part 7 Dispute resolution
[s 47]
(a)
preparing an LGIP;
(b)
parameters for the purpose of working out an offset or
refund under chapter 4, part 2 of the Act;
(c)
parameters for the criteria for deciding a conversion
application.
Part 7
47
Dispute resolution
Qualifications and experience for referees—Act, s 254(1)
and (2)
The Minister or chief executive may appoint a person to be a
referee if the person has the following qualifications and
experience—
(a)
a demonstrated ability—
(i)
to negotiate and mediate outcomes between
parties; and
(ii) to apply the principles of natural justice; and
(iii) to analyse complex technical issues; and
(iv) to communicate effectively, including, for
example, to write informed, succinct and
well-organised reports, submissions, decisions or
other documents;
(b)
demonstrated knowledge of at least 1 of the following
the Minister or chief executive considers is sufficient to
enable the person to perform the functions of a
referee—
(i)
building design and construction;
(ii) siting of residential buildings;
(iii) neighbourhood amenity issues;
(iv) relevant health or fire safety issues;
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Planning Regulation 2016
Part 7 Dispute resolution
[s 48]
(v) the Act, the Building Act or the Plumbing and
Drainage Act;
(vi) the Building Code, the QDC or the Australian
Standards relating to building work;
(vii) the National Plumbing and Drainage Code, the
Queensland Plumbing and Wastewater Code or the
Australian Standards relating to plumbing and
drainage work;
(viii) engineering, accounting or infrastructure design
and delivery.
48
49
Tribunal chairperson—Act, s 258(4)(a)
(1)
If a tribunal is to hear only a proceeding about an
infrastructure charges notice or conversion application, the
chairperson of the tribunal must be a lawyer.
(2)
If a tribunal is to hear a proceeding, other than a proceeding to
which subsection (1) applies, the chairperson of the tribunal
must have—
(a)
a university qualification in town planning; and
(b)
substantial experience in interpreting and applying
provisions of a planning scheme.
Fees for tribunal proceedings—Act, s 258(4)(c)
The fees required for proceedings before a tribunal are stated
in schedule 25.
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Planning Regulation 2016
Part 8 Urban encroachment
[s 50]
Part 8
Urban encroachment
Division 1
Application for registration or
renewal
50
Application of div 1
This division applies to an application under section 289 of
the Act to register, or renew the registration of, premises.
51
Requirements for application for registration or
renewal—Act, s 297(a)
(1)
The application must include—
(a)
a map showing details of the area (the mapped area) to
which the proposed registration, or renewed registration,
is intended to relate; and
(b)
details of any intensification of development, or
proposed development, within the mapped area that is
encroaching, or is likely to encroach, on the premises;
and
(c)
details of information in a local categorising instrument,
and a regional plan, applying to the mapped area about
the nature of development proposed for the mapped
area; and
(d)
information about the significance of the activity carried
out at the premises to the economy, heritage or
infrastructure of the State, a region or the locality in
which the mapped area is situated; and
(e)
details of all public consultation carried out in the
mapped area by, or for, the applicant about the proposed
registration or renewal, including—
(i)
copies of the notices mentioned in section 52; and
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Planning Regulation 2016
Part 8 Urban encroachment
[s 52]
(ii) details of the period for which the consultation was
carried out and the outcomes of the consultation;
and
(f)
details of any written complaints made to the
applicant—
(i)
within 1 year before the application is made; and
(ii) about emissions from the activity carried out at the
premises; and
(g)
details of any action taken by, or for, the applicant to
mitigate emissions from the activity carried out at the
premises; and
(h)
a report (the technical report) prepared by an
appropriately qualified person and showing the levels of
emissions from the carrying out of the activity during
normal operating hours for the premises; and
(i)
if the activity is a prescribed ERA under the
Environmental Protection Act—a copy of the
environmental authority for carrying out the activity.
(2)
The map mentioned in subsection (1)(a) must include a lot on
plan description of the mapped area.
(3)
The technical report must include a certification by the person
who prepared the report about whether the levels of emissions
from the carrying out of the activity comply with—
(4)
(a)
the development approval for the premises; and
(b)
any code of environmental compliance applying to the
activity.
In this section—
appropriately qualified, for the preparation of the technical
report, means having the technical expertise, qualifications or
experience necessary to prepare the report.
52
Applicant to give notice of application—Act, s 297(f)
(1)
Page 40
The applicant must—
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Planning Regulation 2016
Part 8 Urban encroachment
[s 53]
(2)
53
(a)
give notice of the application to the owners and
occupiers of all premises in the mapped area; and
(b)
publish a notice about the application at least once in a
newspaper circulating generally in the mapped area.
A notice under subsection (1) must—
(a)
state the name and contact details of the applicant; and
(b)
state the name of, or describe, the premises to which the
application relates; and
(c)
include a description of the mapped area; and
(d)
state where copies of the application may be inspected
or purchased; and
(e)
include information about legal proceedings that, under
section 296 [Restrictions on legal proceedings] of the
Act, will not be able to be brought if the application is
approved.
Minister may request extra information—Act, s 297(b) and
(c)
(1)
Before deciding the application, the Minister may give the
applicant a notice requiring extra information or a document
to be given to the Minister within the reasonable period of at
least 30 business days stated in the notice.
(2)
The Minister may give a notice under subsection (1) only if
the Minister reasonably requires the information or document
to decide the application.
(3)
The notice must be given within 30 business days after the
Minister receives the application.
(4)
If the applicant does not comply with the requirement within
the stated period, the applicant is taken to have withdrawn the
application.
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Planning Regulation 2016
Part 8 Urban encroachment
[s 54]
54
Assessing application for registration or renewal—Act, s
297(d)
(1)
(2)
55
The Minister must assess the application against the following
matters—
(a)
whether the activity carried out on the premises is
significant to the economy, heritage or infrastructure of
the State, a region or the locality in which the mapped
area is situated;
(b)
whether the activity carried out on the premises is
consistent with the nature of development proposed for
the mapped area under a local categorising instrument,
and a regional plan, applying to the mapped area.
The Minister must assess the application having regard to the
outcomes of the public consultation about the proposed
registration or renewal.
Criteria for registration or renewal—Act, s 289(7)(b)
For section 289(7)(b) of the Act, the Minister must be
satisfied that public consultation about the proposed
registration or renewal has been carried out in the mapped
area by, or for, the applicant.
56
Content of notices—Act, s 297(e)
(1)
This section applies if the Minister decides, under section 289
of the Act, to register premises or renew the registration of
premises.
(2)
The decision notice given under section 289(8) of the Act for
the decision must—
(a)
Page 42
if the decision is to register the premises, or renew the
registration, on conditions—state the conditions and the
period within which the conditions must be complied
with; and
Working draft only - not government policy
Planning Regulation 2016
Part 8 Urban encroachment
[s 57]
(b)
(3)
(4)
if the Minister decides a term of registration for the
premises of more than 10 years—state the term of the
registration.
The notice given by the Minister to a local government under
section 289(12) of the Act must—
(a)
include a map of the affected area for the registered
premises; and
(b)
state the period for which the registration has effect.
The notice published by the owner of the premises under
section 291(3)(a) or (4) of the Act must—
(a)
state the name of, or describe, the registered premises;
and
(b)
include a description of the affected area for the
registered premises; and
(c)
state where a member of the public can obtain the
following information about the registration—
(i)
a map showing details of the affected area for the
registered premises; and
(ii) the conditions of the registration; and
(iii) details of the type and levels of emissions from the
carrying out of the activity for which the premises
are registered.
Division 2
57
Amending or cancelling registration
Notice of proposed amendment—Act, s 297(g)
If the Minister proposes to amend the conditions of the
registration of premises under section 290(1)(a) of the Act, the
Minister must give the owner of the premises a notice that
states—
(a)
that the Minister proposes to amend the conditions of
the registration; and
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Planning Regulation 2016
Part 8 Urban encroachment
[s 58]
58
(b)
details of the proposed amendment, including the
reasons for the amendment; and
(c)
that the owner may, within a stated period of at least 14
business days after the notice is given, make
representations to the Minister about the proposed
amendment.
Notice of proposed cancellation—Act, s 297(g)
If the Minister proposes to cancel the registration of premises
under section 290(1)(b) of the Act, the Minister must give the
owner of the premises a notice that states—
59
that the Minister proposes to cancel the registration; and
(b)
the grounds for the proposed cancellation; and
(c)
an outline of the facts and circumstances forming the
basis for the grounds; and
(d)
that the owner may, within a stated period of at least 20
business days after the notice is given, make
representations to the Minister about the proposed
cancellation.
Requirements for notices about cancelling or amending
registration—Act, s 297(e)
(1)
Page 44
(a)
If the Minister decides, under section 290(1)(a) of the Act, to
amend the conditions of the registration of premises, the
decision notice given by the Minister under section 290(2) of
the Act must state—
(a)
the conditions being amended, including details of the
amendments; and
(b)
the reasons for the decision; and
(c)
the period within which the amended conditions must be
complied with.
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Planning Regulation 2016
Part 8 Urban encroachment
[s 60]
(2)
(3)
If the Minister decides, under section 290(1)(b) of the Act, to
cancel the registration of premises, the decision notice given
by the Minister under section 290(2) of the Act must—
(a)
state the decision and the reasons for the decision; and
(b)
include details of the registered premises; and
(c)
include a map of the affected area for the premises.
If the owner of registered premises gives a notice to the
Minister under section 290(4) of the Act cancelling the
registration, the notice must include—
(a)
details of the registered premises; and
(b)
a map of the affected area for the premises.
Division 3
60
Affected area development
applications
Development applications that are not affected area
development applications
(1)
For schedule 1, definition affected area development
application of the Act, the following development
applications are not affected area development applications—
(a)
an application for development on land, other than
undeveloped land, that relates to—
(i)
a class 1a building; or
(ii) a class 1b building; or
(iii) a class 10 building or structure;
(b)
(2)
an application for development on undeveloped land
that relates to a class 10 building or structure.
In this section—
undeveloped land means any of the following land—
(a)
land in its natural state;
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Planning Regulation 2016
Part 9 Miscellaneous
[s 61]
(b)
land that is or was used for a following purpose and has
not been developed for an urban purpose—
(i)
agriculture;
(ii) animal husbandry;
(iii) apiculture;
(iv) aquaculture;
(v) diary farming;
(vi) grazing;
(vii) horticulture;
(viii) viticulture;
(c)
Part 9
61
land on which an abattoir or tannery is or was situated
and that has not been developed for an urban purpose.
Miscellaneous
Approving plans of subdivision—Act, s 306
Schedule 26 [Approving plans of subdivision] states the
process for local governments to approve a plan of
subdivision, however called, for reconfiguring a lot that, under
an Act, requires local government approval, in whatever form,
before the plan can be registered or otherwise recorded under
that Act.
62
Public access to certain documents—Act, s 285
(1)
Page 46
Schedule 30 [Publicly accessible documents] states the
documents the following entities must or may keep publicly
available—
(a)
a local government;
(b)
an assessment manager;
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Planning Regulation 2016
(2)
63
(c)
a referral agency;
(d)
the chief executive;
(e)
the owner of registered premises.
If schedule 30 requires a document to be kept, a certified copy
of the document may be kept instead of the document.
Planning and development certificates—Act, s 286(4)
Schedule 31 [Content of planning and development
certificates] states the required contents for limited, standard
and full planning and development certificates.
64
Prescribed tidal works—Act, sch 1, definition prescribed
tidal works
(1)
The following tidal works are prescribed tidal works if the
works are completely or partly within the tidal area of a
non-port local government area—
(a)
works that are completely tidal works;
(b)
works consisting of—
(i)
tidal works; and
(ii) a part that is not tidal works if the part is an integral
part of the works.
(2)
However, the following tidal works are not prescribed tidal
works—
(a)
tidal works within a State managed boat harbour;
(b)
tidal works for a new or existing structure used for the
operation of—
(i)
a port authority or port operator; or
(ii) a public marine facility built by or for a port
authority, a port operator or the department
responsible for administering the Transport
Operations (Marine Safety) Act 1994;
(c)
tidal works for—
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Planning Regulation 2016
(i)
creating or changing the configuration
characteristics of a navigational channel; or
or
(ii) an inlet or outlet for development for aquaculture if
the development is carried out on land and is
accepted development under schedule 8 [Accepted
development] or the planning scheme that applies
to the land;
(d)
tidal works the subject of—
(i)
a deemed approval; or
(ii) a development approval given under the repealed
Integrated Planning Act 1997 on or before 18
November 2005; or
(iii) a development application made under the
repealed Integrated Planning Act 1997 but not
decided on or before 18 November 2005.
(3)
In this section—
navigational channel means a channel marked by aids to
navigation built, erected or placed in tidal water under the
Transport Operations (Marine Safety) Act 1994.
public marine facility see the Transport Infrastructure Act,
schedule 6.
State managed boat harbour see the Transport Infrastructure
(Public Marine Facilities) Regulation 2011, schedule 4.
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Planning Regulation 2016
Schedule 1
Schedule 1
Regions
section 4
Part 1
SEQ region
Brisbane
Gold Coast
Ipswich
Lockyer Valley
Logan
Moreton Bay
Noosa
Redland
Scenic Rim
Somerset
Sunshine Coast
the part of the local government area of Toowoomba Regional
Council delineated in black on maps SEQ RP 16 and SEQ RP
21, dated July 2009 and published by the department
Part 2
Far North Queensland region
Cairns
Cassowary Coast
Douglas
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Planning Regulation 2016
Schedule 1
Mareeba
Tablelands
Wujal Wujal
Yarrabah
Part 3
North West region
Cloncurry
Flinders
McKinlay
Mount Isa
Richmond
Part 4
Central West region
Barcaldine
Barcoo
Blackall Tambo
Boulia
Diamantina
Longreach
Winton
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Planning Regulation 2016
Schedule 1
Part 5
South West region
Bulloo
Murweh
Paroo
Quilpie
Part 6
Maranoa—Balonne region
Balonne
Maranoa
Part 7
Wide Bay Burnett region
Bundaberg
Cherbourg
Fraser Coast
Gympie
North Burnett
South Burnett
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Planning Regulation 2016
Schedule 1
Part 8
Mackay, Isaac and Whitsunday
region
Isaac
Mackay
Whitsunday
Part 9
Central Queensland region
Banana
Central Highlands
Gladstone
Livingstone
Rockhampton
Woorabinda
Part 10
Darling Downs region
Balonne
Goondiwindi
Maranoa
Southern Downs
Toowoomba
Western Downs
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Planning Regulation 2016
Schedule 1
Part 11
Cape York region
Aurukun
Cook
Hope Vale
Kowanyama
Lockhart River
Mapoon
Napranum
Northern Peninsula Area
Pormpuraaw
Weipa Town Authority
Wujal Wujal
Part 12
North Queensland region
Burdekin
Charters Towers
Hinchinbrook
Palm Island
Townsville
Page 53
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Planning Regulation 2016
Schedule 2
Schedule 2
Zones for local planning
instruments
section 6
Column 1
Zone
Column 2
Purpose statement
Column 3
RGB
colour
Residential zones
General
residential zone
The purpose of the general residential zone is to
provide for—
(a) residential uses; and
(b) community uses, and small-scale services,
facilities and infrastructure, to support local
residents.
Red (255)
Green (164)
Blue (164)
Low density
residential zone
The purpose of the low density residential zone is
to—
(a) provide primarily for dwelling houses; and
(b) provide for community uses, and small-scale
services, facilities and infrastructure, to support
local residents.
Red (255)
Green (220)
Blue (220)
Low–medium
density
residential zone
The purpose of the low–medium density residential
zone is to provide for—
(a) dwelling houses and low to medium density
multiple dwellings; and
(b) community uses, and small-scale services,
facilities and infrastructure, to support local
residents.
Red (255)
Green (164)
Blue (164)
Medium
density
residential zone
The purpose of the medium density residential zone
is to provide for—
(a) medium density multiple dwellings; and
(b) community uses, and small-scale services,
facilities and infrastructure, to support local
residents.
Red (255)
Green (101)
Blue (101)
High density
residential zone
The purpose of the high density residential zone is
to provide for—
(a) high density multiple dwellings; and
(b) community uses, and small-scale services,
facilities and infrastructure, to support local
residents.
Red (170)
Green (0)
Blue (0)
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Planning Regulation 2016
Schedule 2
Column 1
Zone
Column 2
Purpose statement
Character
residential zone
The purpose of the character residential zone is to— Red (255)
Green (175)
(a) ensure the character of a residential area is
Blue (219)
protected or enhanced; and
(b) provide for community uses, and small-scale
services, facilities and infrastructure, to support
local residents.
Tourist
The purpose of the tourist accommodation zone is to
accommodation provide for—
zone
(a) short-term accommodation; and
(b) community uses, and small-scale services,
facilities and infrastructure, to support
short-term accommodation and tourist
attractions.
Column 3
RGB
colour
Red (255)
Green (75)
Blue (39)
Centre zones
Centre zone
The purpose of the centre zone is to provide for a
variety of uses and activities to service all or part of
the local government area, including, for example,
administrative, business, community, cultural,
entertainment, professional, residential and retail
uses and activities.
Red (134)
Green (166)
Blue (255)
Neighbourhood
centre zone
The purpose of the neighbourhood centre zone is to
provide for—
(a) a small variety of uses and activities to service
local residents; and
(b) other small-scale uses and activities, including,
for example, community services, convenience
shops and offices, that directly support local
residents.
Red (200)
Green (255)
Blue (255)
Local centre
zone
The purpose of the local centre zone is to provide
for—
(a) a limited variety of commercial, community
and retail activities to service local residents;
and
(b) other uses and activities, including for example,
entertainment, shopping and residential uses,
that integrate with, and enhance, the local
centre.
Red (134)
Green (166)
Blue (255)
Major centre
zone
The purpose of the major centre zone is to provide
for a large variety of uses and activities to service a
part of the local government area, including, for
example, administrative, business, community,
cultural, entertainment, professional, residential and
retail uses and activities.
Red (66)
Green (107)
Blue (255)
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Planning Regulation 2016
Schedule 2
Column 1
Zone
Column 2
Purpose statement
Column 3
RGB
colour
District centre
zone
The purpose of the district centre zone is to provide
for a large variety of uses and activities to service a
district of the local government area, including, for
example, administrative, business, community,
cultural, entertainment, professional, residential and
retail uses and activities.
Red (112)
Green (130)
Blue (170)
Principal centre
zone
The purpose of the principal centre zone is to
provide for a large variety of uses and activities,
including, for example, administrative, business,
community, cultural, entertainment, professional,
residential and retail activities, that will—
(a) form the core of an urban area; and
(b) service the local government area.
Red (0)
Green (50)
Blue (255)
Recreation zones
Recreation and
open space
zone
The purpose of the recreation and open space zone
is to provide for—
(a) a variety of cultural, educational, leisure,
recreation and sporting uses and activities,
including, for example—
(i) parks, playgrounds and playing fields for
the use of residents and visitors; and
(ii) parks and other areas for the conservation
of natural areas; and
(b) facilities and infrastructure to support the uses
and activities mentioned in paragraph (a).
Red (175)
Green (225)
Blue (200)
Open space
zone
The purpose of the open space zone is to provide
for—
(a) local, district and regional parks for the use of
residents and visitors; and
(b) facilities and infrastructure that support, and are
required by, users of the parks.
Red (110)
Green (175)
Blue (75)
Sport and
recreation zone
The purpose of the sport and recreation zone is to
provide for—
(a) a variety of cultural, educational, recreation and
sporting uses and activities that require built
infrastructure, including, for example,
clubhouses, gymnasiums, swimming pools and
tennis courts; and
(b) facilities and infrastructure to support the uses
and activities mentioned in paragraph (a).
Red (175)
Green (225)
Blue (200)
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Planning Regulation 2016
Schedule 2
Column 1
Zone
Column 2
Purpose statement
Column 3
RGB
colour
Environmental zones
Environmental
management
and
conservation
zone
The purpose of the environmental management and
conservation zone is to provide for the protection
and maintenance of areas that support biological
diversity and ecological integrity.
Red (50)
Green (125)
Blue (0)
Conservation
zone
The purpose of the conservation zone is to provide
for the management, protection and restoration of
areas that support biological diversity and ecological
integrity.
Red (55)
Green (145)
Blue (130)
Environmental
management
zone
The purpose of the environmental management zone
is to—
(a) identify environmentally sensitive areas; and
(b) provide for the protection of the areas from
urban and industrial activities, other than—
(i) dwelling houses and other low-impact
activities; and
(ii) quarries.
Red (50)
Green (125)
Blue (0)
Industry zones
Industry zone
The purpose of the industry zone is to provide for—
(a) a variety of industry activities; and
(b) other uses and activities that support industry
activities and do not compromise the future use
of premises for industry activities.
Red (200)
Green (143)
Blue (200)
Low impact
industry zone
The purpose of the low impact industry zone is to
provide for—
(a) service industry and low impact industry; and
(b) other uses and activities that support industry
activities and do not compromise the future use
of premises for industry activities.
Red (225)
Green (200)
Blue (225)
Medium impact
industry zone
The purpose of the medium impact industry zone is
to provide for—
(a) medium impact industry; and
(b) other uses and activities that support industry
activities and do not compromise the future use
of premises for industry activities.
Red (200)
Green (143)
Blue (200)
High impact
industry zone
The purpose of the high impact industry zone is to
provide for—
(a) high impact industry; and
(b) other uses and activities that support industry
activities and do not compromise the future use
of premises for industry activities.
Red (175)
Green (86)
Blue (175)
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Planning Regulation 2016
Schedule 2
Column 1
Zone
Column 2
Purpose statement
Column 3
RGB
colour
Special
industry zone
The purpose of the special industry zone is to
provide for—
(a) special industry; and
(b) other uses and activities that support industry
activities and do not compromise the future use
of premises for industry activities.
Red (150)
Green (30)
Blue (150)
Research and
technology
industry zone
The purpose of the research and technology industry
zone is to provide for—
(a) research and technology industry; and
(b) other uses and activities that support industry
activities and do not compromise the future use
of premises for industry activities.
Red (140)
Green (125)
Blue (222)
Industry
investigation
zone
The purpose of the industry investigation zone is to
identify and protect land that may be suitable for
industry activities, subject to further planning and
investigation.
Red (200)
Green (175)
Blue (225)
Waterfront and
marine industry
zone
The purpose of the waterfront and marine industry
zone is to provide for—
(a) marine industry; and
(b) other uses and activities that—
(i) need to be located on or near water or a
marine environment; or
(ii) support industry activities and do not
compromise the future use of premises for
industry activities.
Red (85)
Green (60)
Blue (155)
Tourism zones
Tourism zone
The purpose of the tourism zone is to provide for
tourist activities, facilities and places in coastal,
environmental, rural and urban areas.
Red (179)
Green (210)
Blue (52)
Major tourism
zone
The purpose of the major tourism zone is to provide
for—
(a) a variety of activities, facilities and places that
are for, or support, tourism and are—
(i) large-scale and integrated; and
(ii) located in coastal, environmental, rural and
urban areas; and
(b) permanent accommodation for employees, if
required for the activities mentioned in
paragraph (a) and appropriate for the area.
Red (179)
Green (210)
Blue (52)
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Planning Regulation 2016
Schedule 2
Column 1
Zone
Column 2
Purpose statement
Column 3
RGB
colour
Minor tourism
zone
The purpose of the minor tourism zone is to provide
for—
(a) a variety of activities, facilities and places that
are for, or support, tourism and—
(i) have less than 20 employees; and
(ii) are located in coastal, environmental, rural
and urban areas; and
(b) permanent accommodation for employees, if
required for the activities mentioned in
paragraph (a) and appropriate for the area.
Red (222)
Green (231)
Blue (135)
Other zones
Community
facilities zone
The purpose of the community facilities zone is to
provide for community-related uses, activities and
facilities, whether publicly or privately owned,
including, for example—
(a) educational establishments; and
(b) hospitals; and
(c) transport and telecommunication networks; and
(c) utility installations.
Red (50)
Green (125)
Blue (0)
Emerging
community
zone
The purpose of the emerging community zone is
to—
(a) identify land that is suitable for urban purposes;
and
(b) protect land that may be suitable for urban
purposes in the future from incompatible uses;
and
(c) provide for the timely conversion of non-urban
land to land for urban purposes.
Red (232)
Green (190)
Blue (175)
Extractive
industry zone
The purpose of the extractive industry zone is to
provide for extractive industry.
Red (100)
Green (50)
Blue (0)
Innovation zone The purpose of the innovation zone is to—
(a) identify land suitable for new and emerging
uses and activities to provide opportunities for
innovation and creativity; and
(b) facilitate new and emerging uses and activities
that can not readily be provided for in other
parts of the local government area; and
(c) provide for uses and activities that promote
knowledge creation and entrepreneurship in
industry, research and development, science and
technology.
Red (25)
Green (205)
Blue (255)
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Planning Regulation 2016
Schedule 2
Column 1
Zone
Column 2
Purpose statement
Column 3
RGB
colour
Limited
development
zone
The purpose of the limited development zone is to
identify land that is significantly affected by 1 or
more development constraints, including, for
example, constraints relating to defence
requirements, flooding, historical subdivisions, land
contamination, past or future mining activities and
topographic constraints.
Red (250)
Green (175)
Blue (50)
Mixed use zone
The purpose of the mixed use zone is to provide for
a variety of uses and activities, including, for
example, business, residential, retail, service
industry, tourist accommodation and low impact
industrial uses and activities.
Red (255)
Green (120)
Blue (0)
Rural zone
The purpose of the rural zone is to—
(a) provide for rural uses and activities; and
(b) provide for other uses and activities that are
compatible with—
(i) existing and future rural uses and activities;
and
(ii) the character and environmental features of
the zone; and
(c) maintain the capacity of land for rural uses and
activities by protecting and managing
significant natural resources and processes.
Red (240)
Green (250)
Blue (230)
Rural
residential zone
The purpose of the rural residential zone is to
provide for residential uses and activities on large
lots, including lots for which the local government
has not provided infrastructure and services.
Red (160)
Green (120)
Blue (120)
Special purpose
zone
The purpose of the special purpose zone is to—
(a) provide for public facilities and infrastructure
that are publicly or privately owned or operated;
and
(b) ensure that incompatible uses do not encroach
on the public facilities and infrastructure.
Red (204)
Green (204)
Blue (0)
Specialised
centre zone
The purpose of the specialised centre zone is to
provide for 1 or more specialised uses, including, for
example—
(a) an entertainment and conference centre; and
(b) an education and research facility, such as a
university campus.
Red (169)
Green (169)
Blue (169)
Page 60
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Planning Regulation 2016
Schedule 2
Column 1
Zone
Column 2
Purpose statement
Column 3
RGB
colour
Township zone
The purpose of the township zone is to provide
for—
(a) small to medium urban areas in a rural or
coastal area; and
(b) a variety of uses and activities to service local
residents, including, for example, business,
community, education, industrial, open space,
recreation, residential and retail uses and
activities; and
(c) tourist attractions and short-term
accommodation, if appropriate for the area
Red (255)
Green (225)
Blue (175)
Page 61
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Planning Regulation 2016
Schedule 3
Schedule 3
Use terms for local planning
instruments
section 7
Column 1
Use terms
Column 2
Definition
adult store
adult store means the use of premises for
the primary purpose of displaying or
selling—
(a) sexually explicit materials; or
(b) products and devices that are
associated with, or used in, a sexual
practice or activity.
agricultural supplies store
agricultural supplies store see the
Planning Regulation 2016, schedule 32.
air service
air service see the Planning Regulation
2016, schedule 32.
animal husbandry
animal husbandry see the Planning
Regulation 2016, schedule 32.
animal keeping
animal keeping see the Planning
Regulation 2016, schedule 32.
aquaculture
aquaculture means the use of premises
for cultivating, in a confined area, aquatic
animals or plants for sale.
bar
bar see the Planning Regulation 2016,
schedule 32.
brothel
brothel see the Prostitution Act 1999,
schedule 4.
bulk landscape supplies
bulk landscape supplies see the Planning
Regulation 2016, schedule 32.
caretaker’s accommodation
caretaker’s accommodation see the
Planning Regulation 2016, schedule 32.
car wash
car wash means the use of premises for
the commercial cleaning of motor
vehicles by an automatic, or partly
automatic, process.
cemetery
cemetery see the Planning Regulation
2016, schedule 32.
Page 62
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Planning Regulation 2016
Schedule 3
Column 1
Use terms
Column 2
Definition
child care centre
child care centre see the Planning
Regulation 2016, schedule 32.
club
club see the Planning Regulation 2016,
schedule 32.
community care centre
community care centre see the Planning
Regulation 2016, schedule 32.
community residence
community residence see the Planning
Regulation 2016, schedule 32.
community use
community use see the Planning
Regulation 2016, schedule 32.
crematorium
crematorium see the Planning
Regulation 2016, schedule 32.
cropping
cropping see the Planning Regulation
2016, schedule 32.
detention facility
detention facility means the use of
premises for the lawful detention of
persons, including, for example, a
detention centre under the Youth Justice
Act 1992, a corrective services facility
under the Corrective Services Act 2006 or
an authorised mental health service under
the Mental Health Act 2000.
dual occupancy
dual occupancy see the Planning
Regulation 2016, schedule 32.
dwelling house
dwelling house see the Planning
Regulation 2016, schedule 32.
dwelling unit
dwelling unit see the Planning
Regulation 2016, schedule 32.
educational establishment
educational establishment see the
Planning Regulation 2016, schedule 32.
emergency services
emergency services see the Planning
Regulation 2016, schedule 32.
environment facility
environment facility—
1
Environment facility means the use
of premises for a facility for the
appreciation, conservation or
interpretation of an area of cultural,
environmental or heritage value.
2
However, the term does not include
the use of premises to provide
accommodation for tourists and
travellers.
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Planning Regulation 2016
Schedule 3
Column 1
Use terms
Column 2
Definition
extractive industry
extractive industry see the Planning
Regulation 2016, schedule 32.
food and drink outlet
food and drink outlet see the Planning
Regulation 2016, schedule 32.
function facility
function facility see the Planning
Regulation 2016, schedule 32.
funeral parlour
funeral parlour see the Planning
Regulation 2016, schedule 32.
garden centre
garden centre see the Planning
Regulation 2016, schedule 32.
hardware and trade supplies
hardware and trade supplies see the
Planning Regulation 2016, schedule 32.
health care service
health care service see the Planning
Regulation 2016, schedule 32.
high impact industry
high impact industry see the Planning
Regulation 2016, schedule 32.
home-based business
home-based business see the Planning
Regulation 2016, schedule 32.
hospital
hospital see the Planning Regulation
2016, schedule 32.
hotel
hotel see the Planning Regulation 2016,
schedule 32.
indoor sport and recreation
indoor sport and recreation see the
Planning Regulation 2016, schedule 32.
intensive animal husbandry
intensive animal husbandry see the
Planning Regulation 2016, schedule 32.
intensive horticulture
intensive horticulture see the Planning
Regulation 2016, schedule 32.
landing
landing means the use of premises for a
structure for mooring, launching, storing
and retrieving vessels, and from which
passengers embark and disembark.
low impact industry
low impact industry see the Planning
Regulation 2016, schedule 32.
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Planning Regulation 2016
Schedule 3
Column 1
Use terms
Column 2
Definition
major electricity infrastructure
major electricity infrastructure—
1
Major electricity infrastructure
means the use of premises for a
transmission grid or supply
network.
2
Major electricity infrastructure
includes the use of premises for a
telecommunication facility that is
ancillary to the use mentioned in
paragraph 1.
3
However, the term does not include
a use of premises to which the
Planning Regulation 2016,
schedule 7 [Development local
categorising instrument may not
state is assessable development],
section 24(3) applies.
major sport, recreation and entertainment
facility
major sport, recreation and
entertainment facility see the Planning
Regulation 2016, schedule 32.
marine industry
marine industry see the Planning
Regulation 2016, schedule 32.
market
market see the Planning Regulation
2016, schedule 32.
medium impact industry
medium impact industry see the
Planning Regulation 2016, schedule 32.
motor sport facility
motor sport facility see the Planning
Regulation 2016, schedule 32.
multiple dwelling
multiple dwelling see the Planning
Regulation 2016, schedule 32.
nature-based tourism
nature-based tourism see the Planning
Regulation 2016, schedule 32.
nightclub entertainment facility
nightclub entertainment facility see the
Planning Regulation 2016, schedule 32.
non-resident workforce accommodation
non-resident workforce accommodation
see the Planning Regulation 2016,
schedule 32.
office
office see the Planning Regulation 2016,
schedule 32.
outdoor sales
outdoor sales see the Planning
Regulation 2016, schedule 32.
outdoor sport and recreation
outdoor sport and recreation see the
Planning Regulation 2016, schedule 32.
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Planning Regulation 2016
Schedule 3
Column 1
Use terms
Column 2
Definition
outstation
outstation—
1
Outstation means the use of
premises for cultural or recreation
activities by Aboriginal people or
Torres Strait Islanders.
2
Outstation includes the use of
premises for short-term and
long-term camping activities and
facilities, if the activities and
facilities are ancillary to the use
mentioned in paragraph 1.
park
park see the Planning Regulation 2016,
schedule 32.
parking station
parking station see the Planning
Regulation 2016, schedule 32.
party house
party house see the Planning Act 2015,
section 298(2) [Party houses].
permanent plantation
permanent plantation means the use of
premises for growing, but not harvesting,
plants for the purpose of carbon
sequestration, biodiversity, natural
resource management or another similar
purpose.
place of worship
place of worship see the Planning
Regulation 2016, schedule 32.
port service
port service see the Planning Regulation
2016, schedule 32.
relocatable home park
relocatable home park see the Planning
Regulation 2016, schedule 32.
renewable energy facility
renewable energy facility—
1
Renewable energy facility means
the use of premises for the
generation of electricity or energy
from a renewable energy source,
including, for example, sources of
bio-energy, geothermal energy,
hydropower, ocean energy, solar
energy or wind energy.
2
Renewable energy facility does not
include the generation of electricity
or energy to be used only on the
premises.
research and technology industry
research and technology industry see the
Planning Regulation 2016, schedule 32.
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Schedule 3
Column 1
Use terms
Column 2
Definition
residential care facility
residential care facility see the Planning
Regulation 2016, schedule 32.
resort complex
resort complex see the Planning
Regulation 2016, schedule 32.
retirement facility
retirement facility see the Planning
Regulation 2016, schedule 32.
roadside stall
roadside stall means the use of premises
for the roadside display and sale of goods
in a rural area.
rooming accommodation
rooming accommodation see the
Planning Regulation 2016, schedule 32.
rural industry
rural industry see the Planning
Regulation 2016, schedule 32.
rural workers’ accommodation
rural workers’ accommodation see the
Planning Regulation 2016, schedule 32.
sales office
sales office see the Planning Regulation
2016, schedule 32.
service industry
service industry see the Planning
Regulation 2016, schedule 32.
service station
service station see the Planning
Regulation 2016, schedule 32.
shop
shop see the Planning Regulation 2016,
schedule 32.
shopping centre
shopping centre see the Planning
Regulation 2016, schedule 32.
short-term accommodation
short-term accommodation see the
Planning Regulation 2016, schedule 32.
showroom
showroom see the Planning Regulation
2016, schedule 32.
special industry
special industry see the Planning
Regulation 2016, schedule 32.
substation
substation see the Planning Regulation
2016, schedule 32.
telecommunications facility
telecommunications facility see the
Planning Regulation 2016, schedule 32.
theatre
theatre see the Planning Regulation
2016, schedule 32.
tourist attraction
tourist attraction see the Planning
Regulation 2016, schedule 32.
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Schedule 3
Column 1
Use terms
Column 2
Definition
tourist park
tourist park see the Planning Regulation
2016, schedule 32.
transport depot
transport depot—
1
Transport depot means the use of
premises for the storage of vehicles
or machinery used for a
commercial or public purpose.
2
Transport depot includes the use of
premises for cleaning, repairing
and servicing vehicles and
machinery, if the activity is
ancillary to the use mentioned in
paragraph 1.
Examples of a transport depot—
premises used for storing buses, taxis, trucks,
heavy vehicles or heavy machinery
utility installation
utility installation see the Planning
Regulation 2016, schedule 32.
veterinary service
veterinary service see the Planning
Regulation 2016, schedule 32.
warehouse
warehouse see the Planning Regulation
2016, schedule 32.
wholesale nursery
wholesale nursery see the Planning
Regulation 2016, schedule 32.
winery
winery see the Planning Regulation
2016, schedule 32.
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Planning Regulation 2016
Schedule 4
Schedule 4
Administrative terms for local
planning instruments
section 8
Part 1
Administrative terms generally
Column 1
Administrative terms
Column 2
Definition
adjoining premises
adjoining premises means premises that
share a common boundary, including
premises that meet at a single point on a
common boundary.
advertising device
advertising device—
(a) means a permanent structure, device
or sign used, or intended to be used,
for advertising; and
(b) includes a structure, or part of a
building, that is provided for the
primary purpose of supporting the
structure, device or sign mentioned
in paragraph (a).
affordable housing
affordable housing means housing that is
appropriate to the needs of households
with low to moderate incomes.
basement
basement means a space—
(a) between a floor level in a building
and the floor level that is
immediately below it; and
(b) no part of which is more than 1m
above ground level.
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Schedule 4
Column 1
Administrative terms
Column 2
Definition
boundary clearance
boundary clearance means the distance
between a building or structure on
premises and the boundary of the
premises, measured from the part of the
building or structure that is closest to the
boundary, other than a part that is an
architectural or ornamental attachment,
or a rainwater fitting.
Examples—
If the fascia of a building is the part of the
building that is closest to the boundary, the
boundary clearance is the distance between
the outside of the fascia and the boundary.
If a point on the roof of a building is the
part of the building that is closest to the
boundary, the boundary clearance is the
distance between that point on the roof and
the boundary.
building height
building height, of a building, means—
(a) the vertical distance, measured in
metres, between the ground level of
the building and the highest point on
the roof of the building, other than a
point that is part of an aerial,
chimney, flagpole or load-bearing
antenna; or
(b) the number of storeys in the building
above ground level.
development footprint
development footprint, for development,
means any part of the premises to which
the development relates, including, for
example, any part of the premises that
will be covered by the following after the
development is carried out—
(a) buildings and structures, measured to
their outermost projection;
(b) landscaping or open space;
(c) facilities associated with the
development;
(d) on-site stormwater drainage or
wastewater treatment;
(e) a car park, road, access track or area
used for vehicle movement;
(f) another area of disturbance.
domestic outbuilding
Page 70
domestic outbuilding see the Planning
Regulation 2016, schedule 32.
Working draft only - not government policy
Planning Regulation 2016
Schedule 4
Column 1
Administrative terms
Column 2
Definition
dwelling
dwelling see the Planning Regulation
2016, schedule 32.
gross floor area
gross floor area, for a building, see the
Planning Regulation 2016, schedule 32.
ground level
ground level means—
(a) the level of the natural ground; or
(b) if the level of the natural ground has
changed, the level as lawfully
changed.
household
household means 1 or more individuals
who—
(a) live in a dwelling with the intent of
living together on a long-term basis;
and
(b) make common provision for food
and other essentials for living.
minor building work
minor building work means building
work that increases the gross floor area of
an existing building by no more than the
lesser of the following—
(a) 50m2;
(b) an area that is equivalent to 5% of
the gross floor area of the existing
building.
minor electricity infrastructure
minor electricity infrastructure means
development for a supply network, as
defined under the Electricity Act 1994, or
for private electricity works that form an
extension of, or provide service
connections to, properties from the
network, if the network operates at
standard voltages up to and including
66kV, other than development for—
(a) building a new zone substation or
bulk supply substation; or
(b) the augmentation of an existing zone
or bulk supply substation if the input
or output standard voltage is
significantly increased.
non-resident worker
non-resident worker see the Planning
Regulation 2016, schedule 32.
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Working draft only - not government policy
Planning Regulation 2016
Schedule 4
Column 1
Administrative terms
Column 2
Definition
outermost projection
outermost projection, of a building or
structure, means the outermost part of the
building or structure, other than a part
that is a retractable blind, fixed screen,
rainwater fitting or ornamental
attachment.
plot ratio
plot ratio means the ratio of the gross
floor area of a building on a lot to the
area of the lot.
secondary dwelling
secondary dwelling see the Planning
Regulation 2016, schedule 32.
setback
setback, for a building or structure,
means the shortest distance, measured
horizontally, between the outermost
projection of the building or structure to
the vertical projection of the boundary of
the lot on which the building or structure
is located.
site
site, of development, means the land on
which the development is carried out.
site cover
site cover, of development, means the
portion of the site, expressed as a
percentage, that will be covered by a
building or structure, measured to its
outermost projection, after the
development is carried out, other than a
building or structure, or part of a building
or structure, that is—
(a) in a landscaped or open space area,
including, for example, a gazebo or
shade structure; or
(b) a basement used for car parking; or
(c) the eaves of a building; or
(d) a sun shade.
storey
storey see the Planning Regulation 2016,
schedule 32.
temporary use
temporary use means a use that is carried
out on a non-permanent basis and does
not involve permanent buildings or
structures.
width
width, of a lot, means the distance,
measured in metres, between the
midpoint on each side boundary of the
lot.
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Working draft only - not government policy
Planning Regulation 2016
Schedule 4
Part 2
Administrative term for LGIPs
Column 1
Administrative terms
Column 2
Definition
base date
base date means the date from which the
local government has estimated future
infrastructure demand and costs for the
local government area.
demand unit
demand unit means a unit of
measurement for measuring the level of
demand for infrastructure.
net developable area
net developable area, for premises,
means the area of the premises that is
able to be developed and is not subject to
a development constraint, including, for
example, a constraint relating to acid
sulfate soils, flooding or slope.
planning assumption
planning assumption means an
assumption about the type, scale, location
and timing of future growth in the local
government area.
projection area
projection area means a part of the local
government area for which the local
government has carried out demand
growth projection.
service catchment
service catchment means an area
serviced by an infrastructure network.
ultimate development
ultimate development, for an area or
premises, means the likely extent of
development that is anticipated in the
area, or on the premises, if the area or
premises is fully developed.
urban purposes
urban purposes includes—
(a) residential purposes, other than rural
residential purposes; and
(b) commercial, community,
government-related, industrial and
retail purposes.
water netserv plan
water netserv plan means a plan adopted
by an SEQ service provider, as defined
under the South-East Queensland Water
(Distribution and Retail Restructuring)
Act 2009, under section 99BJ of that Act.
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Working draft only - not government policy
Planning Regulation 2016
Schedule 5
Schedule 5
Infrastructure
section 14
Part 1
Page 74
Infrastructure for transport
1
active transport infrastructure, as defined under the Transport
Planning and Coordination Act 1994, section 8A(3)
2
air transport infrastructure
3
ancillary works and encroachments
4
busway transport infrastructure
5
light rail transport infrastructure
6
miscellaneous transport infrastructure
7
public marine transport infrastructure as defined under the
Transport Infrastructure Act, schedule 6
8
rail transport infrastructure
9
roads on State toll road corridor land
10
State-controlled roads
11
transport infrastructure mentioned in schedule 1, definition
development infrastructure of the Act
12
wharves, public jetties, port facilities and navigational
facilities
13
storage and works depots and similar facilities, including
administrative facilities associated with the provision or
maintenance of infrastructure mentioned in this part
14
any other facility for transport not mentioned in this part that
is intended primarily to accommodate government functions
Working draft only - not government policy
Planning Regulation 2016
Schedule 5
Part 2
Other infrastructure
1
cemeteries and crematoriums
2
communication network facilities
3
community and cultural facilities, including community
centres, galleries, libraries, meeting halls, facilities at which
an education and care service under the Education and Care
Services National Law (Queensland) is operated or facilities
at which a QEC approved service under the Education and
Care Services Act 2013 is operated
4
correctional facilities
5
educational facilities
6
electricity operating works
7
emergency services facilities
8
facilities for parks and recreation
9
hospitals and associated institutions
10
oil and gas pipelines
11
residential care facilities
12
sporting facilities
13
waste management facilities
14
water cycle management infrastructure
15
storage and works depots and similar facilities, including
administrative facilities associated with the provision or
maintenance of infrastructure mentioned in this part
16
any other facility not mentioned in this part that is intended
primarily to accommodate government functions
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Working draft only - not government policy
Planning Regulation 2016
Schedule 6
Schedule 6
Assessment manager for
development applications
section 19
Table 1
Column 1
Application type
Column 2
Assessment
manager
Brisbane core port land
1
If the application is for—
(a) a material change of use of premises that is—
(i) completely or partly on Brisbane core port land;
and
(ii) categorised as assessable development under the
Brisbane port LUP; or
(b) reconfiguring a lot that is—
(i) completely or partly on Brisbane core port land;
and
(ii) assessable development under the Transport
Infrastructure Act, chapter 8, part 3C; or
(c) operational work that is—
(i) completely on Brisbane core port land; and
(ii) categorised as assessable development under the
Brisbane port LUP
The chief executive
Building work assessable against building assessment provisions
2
If the application is for building work that is completely in
a single local government area and assessable against the
building assessment provisions
If a private certifier
(class A) is, under
the Building Act,
section 48,
performing functions
for the
application—the
private certifier
Otherwise—the local
government
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Planning Regulation 2016
Schedule 6
Table 2
Column 1
Application type
Column 2
Assessment
manager
Other development in a single local government area or tidal area
1
If table 1 does not apply and the application is for—
(a) development completely in a single local government
area and—
Local government
(i) an aspect of the development is assessable
against a local categorising instrument; or
(ii) is for reconfiguring a lot; or
(iii) is for a brothel; or
(b)
(c)
(d)
(e)
(iv) is for operational works associated with
reconfiguring a lot; or
prescribed tidal work completely in the tidal area of a
single non-port local government area; or
prescribed tidal work partly in the tidal area of a single
non-port local government area, but not in the tidal
area of another non-port local government area or a
port authority’s strategic port land; or
prescribed tidal work starting in the tidal area of a
non-port local government area and extending into the
tidal area of another non-port local government area
but not in the tidal area of a port authority’s strategic
port land; or
operational work that is constructing an artificial
waterway in the tidal area of a single non-port local
government area, if the work is carried out completely
or partly in a coastal management district and is
associated with reconfiguring a lot
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Working draft only - not government policy
Planning Regulation 2016
Schedule 6
Table 3
Column 2
Assessment
manager
Column 1
Application type
Strategic port land and strategic port land tidal areas
1
If tables 1 and 2 do not apply and the application is for—
(a) development completely in a single port authority’s
strategic port land; or
(b) tidal works completely in the tidal area of a single port
authority’s strategic port land; or
(c) tidal works partly in the tidal area of a single port
authority’s strategic port land but not in the tidal area
of a non-port local government area or another port
authority’s strategic port land
Port authority
Airport land
2
If tables 1 and 2 do not apply and the application is for
development completely or partly on airport land, whether
or not the development includes tidal works
The chief executive
Table 4
Column 1
Application type
Column 2
Assessment
manager
Environmentally relevant activities
1
If tables 1 to 3 do not apply and the application is for—
(a) development for an environmentally relevant activity;
and
(b) no other assessable development
for an
environmentally
relevant activity that
is devolved to a local
government under
the Environmental
Protection
Regulation—the
local government
for all other
environmentally
relevant activities
mentioned in column
1—the chief
executive
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Working draft only - not government policy
Planning Regulation 2016
Schedule 6
Table 4
Column 1
Application type
Column 2
Assessment
manager
Development on local heritage place or for a levee
2
If tables 1 to 3 do not apply and the application is for 1 or
more of the following and no other assessable
development—
(a) development on a local heritage place in a local
government area;
(b) operational work that is—
(i) construction of a new category 2 levee or a new
category 3 levee in a local government area; or
(ii) modification of an existing levee in a local
government area if, after the modification, the
levee will fulfil the requirements for a category 2
levee or category 3 levee
Local government
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Working draft only - not government policy
Planning Regulation 2016
Schedule 6
Table 4
Column 1
Application type
Column 2
Assessment
manager
Other particular prescribed assessable development
3
If tables 1 to 3 do not apply and the application is for 1 or
more of the following and no other assessable
development—
(a) operational work for the clearing of native vegetation;
(b) operational work for taking or interfering with water
under the Water Act 2000;
(c) operational work for the construction of a dam, or that
is carried out in relation to a dam, if, because of the
work, the dam must be failure impact assessed;
(d) a material change of use of premises for a major
hazard facility or proposed major hazard facility;
(e) removing quarry material from a watercourse or lake
if an allocation notice is required under the Water Act
2000;
(f) operational work that is—
(i) tidal works not in the tidal area of a port
authority’s strategic port land or a non-port local
government area; or
(ii) work carried out completely or partly within a
coastal management district;
(g) assessable development on a Queensland heritage
place;
(h) a material change of use of premises for aquaculture;
(i) operational work that is constructing or raising
waterway barrier works;
(j) operational work that is work carried out completely
or partly within a declared fish habitat area;
(k) operational work that is the removal, destruction or
damage of a marine plant;
(l) operational work that is high impact earthworks in a
wetland protection area
Page 80
The chief executive
Working draft only - not government policy
Planning Regulation 2016
Schedule 6
Table 5
Column 2
Assessment
manager
Column 1
Application type
Decided by the Minister
1
Application for development not stated in tables 1 to 4
The entity decided
by the Minister
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Working draft only - not government policy
Planning Regulation 2016
Schedule 7
Schedule 7
Development local categorising
instrument may not state is
assessable development
section 17
Part 1
1
Material change of use of
premises
Material change of use for particular buildings or
structures
(1)
A material changes of use of premises for a class 1 or 2
building under the Building Code, part A3, if the use is for
providing support services and temporary accommodation for
persons escaping domestic violence.
(2)
A material change of use of premises for a class 1(a)(i)
building, class 1(a)(ii) building made up of not more than 2
attached dwellings or a class 10 building or structure, if—
(a)
the use is for a residential purpose in a residential zone;
and
(b)
for an existing class 1(a)(i) building, or class 1(a)(ii)
building made up of not more than 2 attached
dwellings—the material change of use involves
repairing, renovating, altering or adding to the building;
and
(c)
for a class 1(a) building not mentioned in paragraph
(b)—there is no existing dwelling on the premises; and
(d)
either—
(i)
Page 82
no overlay, as identified in the local categorising
instrument and relevant to assessment of the
material change of use, applies to the premises; or
Working draft only - not government policy
Planning Regulation 2016
Schedule 7
(ii) only an overlay about bush fire hazards applies to
the premises and the premises is less than 2000m2;
and
(e)
2
for a class 1(a)(ii) building made up of not more than 2
attached dwellings—the local government for the local
government area in which the premises is located has,
by resolution, decided to apply this subsection to that
class of building.
Material change of use for particular cropping
A material change of use of premises for cropping involving
forestry for wood production, if—
3
(a)
the premises is in a rural zone; and
(b)
the development complies with schedule 21
[Requirements for cropping involving forestry for wood
production].
Material change of use for Guragunbah local area
A material change of use of premises on Lot 2 on RP223566,
Lot 902 on SP108453 or Lot 1 on SP190865, if the material
change of use—
(a)
complies with the map called ???, dated XXX, and
published by the department; and
(b)
does not exceed the maximum number of storeys stated
for the use in the map mentioned in paragraph (a); and
(c)
does not have a residential yield of more than 511
dwellings; and
(d)
complies with—
(i)
the Approved Urban Design Code Breakwater
Road, dated 5 October 2007, referred to in the
order of the Planning and Environment Court of 15
December 2008 in Appeal No. BD679/08 or a
change to the development approval made by the
Planning and Environment Court; and
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Working draft only - not government policy
Planning Regulation 2016
Schedule 7
(ii) Appendix D (Snake Hill Design Guidelines) to the
Planning Report dated May 2005 referred to in the
order of the Planning and Environment Court of 15
December 2008 in Appeal No. BD679/08 or a
change to the development approval made by the
Planning and Environment Court; and
(e)
is carried out before 15 December 2018.
Note: The title and date of the map will be inserted once made.
4
Material change of use for off-road motorcycling facility
A material change of use of premises for an off-road
motorcycling facility on off-road motorcycling facility land if
the material change of use complies with XXXX.
Note: The requirements the change of use must comply with will be
included when the relevant SPRP is transitioned into the regulation.
5
Material change of use for community residence
A material change of use of premises for a community
residence if—
Page 84
(a)
no more than 7 support workers attend the residence in a
24-hour period; and
(b)
at least 2 car parks are provided on the premises for use
by residents and visitors, 1 of which is suitable for
persons with disabilities; and
(c)
at least 1 car park is provided on the premises for use by
support workers.
Working draft only - not government policy
Planning Regulation 2016
Schedule 7
Part 2
6
Operational work
Operational work by or on behalf of public sector entity
Operational work or plumbing or drainage work (including
maintenance and repair work) if the work—
7
(a)
is carried out by, or on behalf of, a public sector entity
authorised under a State law to carry out the work; and
(b)
is not development mentioned in section 24.
Operational work for ancillary works and encroachments
Operational work
encroachments—
8
that
is
ancillary
works
and
(a)
carried out in compliance with requirements stated in a
gazette notice under the Transport Infrastructure Act,
section 50; or
(b)
done as required by a contract entered into under the
Transport Infrastructure Act, section 50, with the chief
executive responsible for administering that Act.
Operational work for substitute railway crossing
Operational work for the construction of a substitute railway
crossing by a railway manager under the Transport
Infrastructure Act, section 169.
9
Operational work performed by railway manager
Operational work performed by a railway manager under the
Transport Infrastructure Act, section 260.
10
Operational work under rail feasibility investigator’s
authority
Operational work carried out under a rail feasibility
investigator’s authority given under the Transport
Infrastructure Act, section 112.
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Working draft only - not government policy
Planning Regulation 2016
Schedule 7
11
Operational work under Coastal Act
Operational work that is digging or boring into land by an
authorised person under the Coastal Act, section 134.
12
Operational work for navigational aid or sign
(1)
Operational work for an aid to navigation or sign for maritime
navigation.
(2)
In this section—
aid to navigation see the Transport Operations (Marine
Safety) Act 1994, section 104.
13
Operational work for subscriber connection
(1)
Operational work for a subscriber connection.
(2)
In this section—
subscriber connection means an installation for the sole
purpose of connecting a building, structure, caravan or mobile
home to a line that forms part of an existing
telecommunications network.
14
Operational work for agriculture
Operational work associated with—
(a)
management practices for the conduct of an agricultural
use, other than—
(i)
the clearing of native vegetation; or
(ii) operations of any kind and all things constructed or
installed for taking or interfering with water (other
than using a water truck to pump water) if the
operations are for taking or interfering with water
under the Water Act 2000; or
Page 86
(b)
weed or pest control, unless it involves the clearing of
native vegetation; or
(c)
the use of fire under the Fire and Emergency Services
Act 1990; or
Working draft only - not government policy
Planning Regulation 2016
Schedule 7
15
(d)
the conservation or restoration of natural areas; or
(e)
the use of premises for forest practices.
Operational work for removing quarry material
Operational work for removing quarry material from a State
forest, timber reserve, forest entitlement area or Crown land as
defined under the Forestry Act 1959.
16
Operational work for the removal, destruction or damage
of a marine plant
Operational work that is the removal, destruction or damage
of a marine plant.
17
Operational work for harvesting trees for wood
production
Operational work that is harvesting trees for wood production
on premises in a rural zone, if the development complies with
schedule 21 [Requirements for cropping involving forestry for
wood production].
18
Operational work on off-road motorcycling facility land
Operational work that is filling or excavation, or for a dam or
earth bank, if the operational work is carried out on off-road
motorcycling facility land and complies with XXX.
Note: The requirements the operational work must comply with will be
included when the relevant SPRP is transitioned into the regulation.
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Working draft only - not government policy
Planning Regulation 2016
Schedule 7
Part 3
19
Page 88
Reconfiguring a lot
Particular reconfigurations
(1)
Reconfiguring a lot other than a lot within the meaning of the
Land Title Act.
(2)
Reconfiguring a lot under the Land Title Act, if the
reconfiguration—
(a)
is under a relevant instrument of lease; or
(b)
requires a building format plan of subdivision under the
Land Title Act and the plan does not subdivide land on
or below the surface of the land; or
(c)
is for the amalgamation of 2 or more lots; or
(d)
is for the incorporation, under the Body Corporate and
Community Management Act 1997, section 41, of a lot
with common property for a community titles scheme;
or
(e)
is for the conversion, under the Body Corporate and
Community Management Act 1997, section 43, of lessee
common property within the meaning of that Act to a lot
in a community titles scheme; or
(f)
is in relation to the acquisition, including by agreement,
under the Acquisition Act, of land by a constructing
authority, as defined under the Acquisition Act, or an
authorised electricity entity, for a purpose for which
land may be taken under that Act; or
(g)
is in relation to the acquisition by agreement, other than
under the Acquisition Act, of land by a constructing
authority, as defined under the Acquisition Act, or an
authorised electricity entity, for a purpose for which
land may be taken under that Act; or
(h)
is for land held by the State, or a statutory body
representing the State, and the land is being
reconfigured for a purpose for which land may be taken
under the Acquisition Act, whether or not the land
relates to an acquisition; or
Working draft only - not government policy
Planning Regulation 2016
Schedule 7
(3)
(i)
is for reconfiguring a lot that is, or includes, strategic
port land; or
(j)
is for the Transport Infrastructure Act, section 240; or
(k)
is in relation to the acquisition of land for a water
infrastructure facility; or
(l)
is for implementing the Aboriginal and Torres Strait
Islander Land Holding Act 2013.
In this section—
relevant instrument of lease means an instrument of lease for
a grant of a residential lease over a part of a lot that—
(a)
was previously subject to a social housing lease; and
(b)
is the same part of the lot that was subject to—
(i)
a partial surrender of the social housing lease; or
(ii) if the part of the lot is the last remaining part of the
social housing lease—a whole surrender of the
lease.
residential lease means—
(a)
a lease given under the Aboriginal Land Act 1991to an
Aboriginal person for residential use; or
(b)
a lease given under the Torres Strait Islander Land Act
1991 to a Torres Strait Islander for residential use.
social housing lease means a lease granted to the State under
the Aboriginal Land Act 1991 or the Torres Strait Islander
Land Act 1991 for the purpose of providing subsidised
housing for residential use.
Part 4
20
Other development
Development for a mining or petroleum activity
(1)
Development for an activity authorised under—
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Planning Regulation 2016
Schedule 7
(a)
the Mineral Resources Act 1989, including an activity
for the purpose of 1 or more of the following Acts—
(i)
Alcan Queensland Pty. Limited Agreement Act
1965;
(ii) Central Queensland Coal Associates Agreement
Act 1968;
(iii) Commonwealth Aluminium
Limited Agreement Act 1957;
Corporation
Pty.
(iv) Mount Isa Mines Limited Agreement Act 1985;
(v) Queensland Nickel Agreement Act 1970;
(vi) Thiess Peabody Coal Pty. Ltd. Agreement Act
1962; or
21
(b)
the Offshore Minerals Act 1998; or
(c)
the Petroleum Act 1923 or the Petroleum and Gas
(Production and Safety) Act 2004, other than an activity
relating to the construction and operation of an oil
refinery; or
(d)
the Petroleum (Submerged Lands) Act 1982.
(2)
Development for a mining activity, as defined under the
Environmental Protection Act, section 110, to which an
environmental authority applies.
(3)
Development for a petroleum activity, as defined under the
Environmental Protection Act, section 111.
Development for geothermal exploration
Development for geothermal exploration carried out under a
geothermal exploration permit under the Geothermal Energy
Act 2010.
22
Development for GHG storage activities
Development for a GHG storage activity carried out under a
GHG authority under the Greenhouse Gas Storage Act 2009.
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Planning Regulation 2016
Schedule 7
23
Development directed under a State law
Development a person is directed to carry out under a notice,
order or direction made under a State law.
24
Development for infrastructure activities
(1)
(2)
(3)
Development—
(a)
for the maintenance, repair, augmentation, upgrading,
duplication or widening of State-controlled road
infrastructure; or
(b)
for ancillary works and encroachments carried out by
the State; or
(c)
adjacent to a State-controlled road and ancillary to the
building, maintenance, repair, augmentation, upgrading,
duplication or widening of the road, such as excavating,
crushing, screening, cutting, filling, preparing road
construction material (including concrete), storing
materials, removing vegetation, dam building, site
offices and worker accommodation.
Development for the maintenance, repair, upgrading,
augmentation or duplication of—
(a)
rail transport infrastructure; or
(b)
other rail infrastructure; or
(c)
miscellaneous transport infrastructure; or
(d)
busway transport infrastructure; or
(e)
light rail transport infrastructure.
Development for a supply network or for private electricity
works that form an extension of, or provide service
connections to, properties from the network, if the network
operates at standard voltages up to and including 66kV, other
than development for—
(a)
building a new zone substation or bulk supply
substation; or
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Working draft only - not government policy
Planning Regulation 2016
Schedule 7
(b)
(4)
the augmentation of an existing zone or bulk supply
substation if the input or output standard voltage is
significantly increased.
Development for the busway project known as Northern
Busway (Windsor to Kedron) described in the document
called ‘Northern Busway (Windsor to Kedron) Project
Change Report’ of May 2008.
Editor’s note—
The document mentioned in this subsection is held by, and available for
inspection at, the office of the department responsible for administering
the Transport Infrastructure Act.
(5)
Development for the toll road project known as Airport Link
described in the Coordinator-General’s report for the EIS, and
change report, for the project under the State Development
Act.
Editor’s note—
The documents mentioned in this subsection are held by, and are
available for inspection on the website of, the department responsible
for administering the State Development Act.
(6)
Development for the light rail project known as the Gold
Coast Light Rail project, to provide light rail transport
infrastructure along the route shown on the map in the
Transport Operations (Passenger Transport) Regulation 2005,
schedule 7A.
(7)
Development for the rail project known as Moreton Bay Rail
Link described in the document called ‘Moreton Bay Rail
Link, Figure 01, Rev A’ and published on the website of the
department responsible for administering the Transport
Infrastructure Act.
(8)
Development for the road infrastructure project known as the
Toowoomba Second Range Crossing project to provide road
infrastructure along the route shown on the map called
‘Toowoomba Second Range Crossing, Business case
reference design’ dated April 2014.
Editor’s note—
The map can be inspected at <www.treasury.qld.gov.au>.
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Planning Regulation 2016
Schedule 7
25
Development under the South Bank Corporation Act 1989
Development within the meaning of the South Bank
Corporation Act 1989, but only until the development
completion date under that Act.
26
Development for a priority development area
Development for a priority development area.
27
Development for a connection under the SEQ Water Act
Development for a connection under the SEQ Water Act,
chapter 4C or any work for the purpose of the connection.
28
Development for public housing
(1)
Development for public housing that the housing chief
executive considers is substantially inconsistent with a local
instrument applying to the premises on which the
development is carried out, if—
(a)
before the development starts, the housing chief
executive—
(i)
gives the local government information, including
plans or specifications, about the proposed
development; and
(ii) publishes a notice about the proposed development
in a newspaper circulating generally in the locality
of the premises; and
(iii) gives notice of the proposed development to the
owner of all adjoining premises; and
(iv) places a notice about the proposed development on
the premises; and
(b)
the notices mentioned in paragraph (a)(ii), (iii) and
(iv)—
(i)
are in the form approved by the housing chief
executive; and
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(ii) state where information about the proposed
development may be inspected and purchased; and
(iii) state the period (the consultation period) within
which a submission may be made, which must be
at least 15 business days after the day paragraph (a)
is complied with; and
(iv) state that submissions about the proposed
development may be made to the housing chief
executive during the consultation period; and
(c)
for all of the consultation period—
(i)
the notice mentioned in paragraph (a)(iv) is
displayed on the premises; and
(ii) information about the proposed development,
including plans and specifications, is kept available
for inspection and purchase; and
(d)
(2)
Development for public housing that the housing chief
executive is satisfied is not substantially inconsistent with a
local instrument applying to the premises on which the
development is carried out, if, before the development starts,
the housing chief executive gives the local government
information, including plans or specifications, about the
proposed development.
(3)
For subsection (1)(c)(ii), information about a proposed
development is available for inspection and purchase if the
information is available—
(4)
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the housing chief executive considers any properly made
submissions in deciding whether or not to carry out the
development.
(a)
for viewing or downloading, free of charge, from the
housing department’s website; and
(b)
for inspection, free of charge, and purchase at the
housing department’s office, and any other place the
housing chief executive approves, during business
hours.
In this section—
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business day does not include a day between 20 December of
a year and 5 January of the next year.
housing chief executive means the chief executive of the
housing department.
housing department means the department responsible for
administering the Housing Act 2003.
owner, of adjoining premises, means—
(a)
if the adjoining premises is subject to the Integrated
Resort Development Act 1987 or the Sanctuary Cove
Resort Act 1985—the primary thoroughfare body
corporate; or
(b)
if the adjoining premises is subject to the Mixed Use
Development Act 1993—the community body
corporate; or
(c)
subject to paragraphs (a) and (b), if the adjoining
premises is subject to the Building Units and Group
Titles Act 1980—the body corporate; or
(d)
if the adjoining premises is, under the Body Corporate
and Community Management Act 1997, scheme land for
a community titles scheme—
(i)
the body corporate for the scheme; or
(ii) if the adjoining premises is scheme land for more
than 1 community titles scheme—the body
corporate for the community titles scheme that is a
principal scheme; or
(e)
if there is a time share scheme, as defined under the
Local Government Act, for a structure on the adjoining
premises—the person notified to the local government
concerned as the person responsible for the
administration of the scheme as between the participants
in the scheme; or
(f)
if the adjoining premises is land being bought from the
State for an estate in fee simple under the Land
Act—the buyer; or
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29
(g)
if the adjoining premises is land granted in trust or
reserved and set apart and placed under the control of
trustees under the Land Act—the trustees of the land; or
(h)
if paragraphs (a) to (g) do not apply—the person for the
time being entitled to receive the rent for the premises or
who would be entitled to receive the rent if the premises
were let to a tenant at a rent.
Development for boot camp centres
(1)
Development for a boot camp centre, if all of the following
apply to the development—
(a)
at least 10 business days before the development is
started, the boot camp centre provider gives the local
government for the local government area in which the
boot camp centre is located notice of the proposed
development;
(b)
for a boot camp centre that involves the installation of
external floodlights, the installation complies with—
(i)
AS 4282-1997 ‘Control of the Obtrusive Effects of
Outdoor Lighting’; and
(ii) AS 2560.1-2002
Principles’;
(c)
‘Sports
Lighting—General
the development does not involve the construction or
extension of a vehicular access to the premises, other
than a vehicular access for—
(i)
persons with a disability; or
(ii) emergency service and other service vehicles; or
(iii) vehicles used for transporting children who are
participating in a boot camp program or persons
involved in the operation of a boot camp centre;
(d)
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the development does not reduce the number of
dedicated vehicle parking spaces on the premises on
which the boot camp centre is located;
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(e)
for development on premises that shares a boundary
with residential land—
(i)
any single storey building is located at least 3m
from the boundary; and
(ii) any multi-storey building or covered outdoor area
is located at least 10m from the boundary;
(f)
all new buildings for the boot camp centre are located—
(i)
at least 6m from a road frontage; or
(ii) if an existing building on the premises on which
the centre is to be located is less than 6m from a
road frontage—at least the same distance from the
road frontage as the building closest to it.
(2)
In this section—
boot camp centre means a boot camp centre under the Youth
Justice Act 1992, schedule 4.
boot camp centre provider means a boot camp centre provider
under the Youth Justice Act 1992, section 282A.
boot camp program means a boot camp program under the
Youth Justice Act 1992, section 226E.
30
Particular development for educational facilities
(1)
Development for an educational facility funded under the
Flying Start for Queensland Children program, if all of the
following apply to the development—
(a)
50% or more of the gross floor area of all buildings for
the development is under the relevant program;
(b)
at least 10 business days before the development is
started, an entity representing the school at which the
development is to be carried out gives the local
government for the local government area in which the
school is located notice of the proposed development;
(c)
the height of a building or covered outdoor area for the
facility is not more than the higher of—
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(i)
the height of the tallest building on the existing
school campus on which the facility is located; or
(ii) 15m above ground level;
(d)
if the development is on premises that shares a boundary
with residential land and an existing building on the
premises is less than 6m from the boundary—any new
building is at least the same distance from the boundary
as the building closest to it;
(e)
if the development is on premises that shares a boundary
with residential land and all existing buildings on the
premises are at least 6m from the boundary—
(i)
any single storey building for the facility is located
at least 3m from the boundary; and
(ii) any multistorey building for the facility is located
at least 6m from the boundary;
(f)
all buildings for the facility are located—
(i)
if an existing building on the premises on which
the facility is to be located is less than 6m from a
road frontage—at least the same distance from the
road frontage as the building closest to it; or
(ii) otherwise—at least 6m from a road frontage;
(g)
for a facility that involves the installation of external
floodlights, the installation of the floodlights complies
with—
(i)
AS 4282-1997 ‘Control of the Obtrusive Effects of
Outdoor Lighting’; and
(ii) AS 2560.1-2002
Principles’;
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‘Sports
Lighting—General
(h)
the facility is completely within an existing school
campus;
(i)
the development does not involve the construction or
extension of a vehicular access to the premises, other
than a vehicular access for persons with a disability,
emergency service vehicles or other service vehicles;
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Planning Regulation 2016
Schedule 7
(j)
(2)
the development does not reduce the number of
dedicated vehicle parking spaces on the premises on
which the facility is located.
However, development to which subsection (1) would
otherwise apply is not prescribed for section 41(3)(b)
[Categorising instruments] of the Act to the extent the
development—
(a)
is in a coastal management district; or
(b)
is in an area for which a UXO area management advice
has been given; or
(c)
is for a non-State school and is located—
(i)
outside an existing development footprint under
the SEQ Koala Conservation State Planning
Regulatory Provisions (the SPRP); and
(ii) in an assessable development area or identified
koala broad-hectare area under the SPRP; or
Note: The SPRP will stop having effect when the new Act commences.
Regulatory provisions from the SPRP will be transitioned to the
regulation.
(d)
is for a non-State school and involves the clearing of
native vegetation—
(i)
in a category A area or category B area shown on a
PMAV; or
(ii) if there is no PMAV for the lot on which the
development is carried out—shown on the
regulated vegetation management map as remnant
vegetation.
(3)
Also, development to which subsection (1) would otherwise
apply is not prescribed for section 41(3)(b) [Categorising
instruments] of the Act if—
(a)
any of the following matters apply to the development—
(i)
the development is on a place that, on or before 9
June 2011, was a local heritage place, or a place
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identified under a planning scheme as a place of
cultural heritage significance;
(ii) the development interferes with vegetation
identified under a planning scheme on or before 9
June 2011 as vegetation that is protected;
(iii) the premises on which the development is to be
carried out is identified under a planning scheme as
affected or potentially affected by subsidence
caused by underground mining; and
(b)
within 10 business days after receiving the notice
mentioned in subsection (1)(b), the local government
advises the school by notice that a matter mentioned in
paragraph (a) applies to the development and the local
government is satisfied the development—
(i)
may affect the local heritage place, place of
cultural heritage significance or protected
vegetation; or
(ii) may be affected by subsidence.
(4)
In this section—
cultural heritage significance, in relation to a place, means
the aesthetic, architectural, historical, scientific, social or
other significance of the place, to the present generation or
past or future generations.
existing school campus means land at which a school is
established, but does not include separate land associated with
the school and used solely—
(a)
for sporting or recreational purposes; or
(b)
for residential purposes, whether or not any dwellings
on the land are vacant.
residential land means land that—
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(a)
is being used for residential purposes; or
(b)
may, or is intended to be used, for residential purposes
under—
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Schedule 7
(i)
a development approval in effect on or before 9
June 2011; or
(ii) a planning scheme as in force on 9 June 2011.
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Schedule 8
Schedule 8
Accepted development
section 18(1)
Part 1
1
Building work
Building work declared under the Building Act
Building work declared under the Building Act to be accepted
development.
Part 2
2
Material change of use of
premises
Material change of use for aquaculture
(1)
A material change of use of premises for aquaculture if—
(a)
the development complies with the requirements for the
development stated under the Fisheries Regulation
2008, section 703; and
(b)
the development does not cause the discharge of waste
into Queensland waters; and
(c)
the aquaculture—
(i)
is of indigenous freshwater fish species for
aquarium display or human consumption only and
is carried out—
(A)
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in a river basin or catchment to which the
species is native; and
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Schedule 8
(B)
in ponds, or using above-ground tanks, that
have a total water surface area of no more
than 10ha; or
(ii) is of indigenous freshwater fish for aquarium
display or human consumption only, or
non-indigenous freshwater fish for aquarium
display only, and is carried out using only
above-ground tanks—
(A)
that have a total floor area, excluding water
storage area, of no more than 100m2; and
(B)
that are impervious to predators and
rainwater; or
(iii) is of indigenous marine fish for aquarium display
only and is carried out using only above-ground
tanks that have a total floor area, excluding water
storage areas, of no more than 100m2.
(2)
In this section—
indigenous freshwater fish means a fish that is—
(a)
a freshwater fish as defined under the Fisheries
Regulation 2008, schedule 11, part 2; and
(b)
indigenous, within the meaning of the Fisheries Act,
schedule, definition indigenous fisheries resources, to—
(i)
only Queensland freshwaters; or
(ii) both Queensland freshwaters and Queensland tidal
waters.
indigenous marine fish means a fish that is indigenous,
within the meaning of the Fisheries Act, schedule, definition
indigenous fisheries resources, to only Queensland tidal
waters.
3
Material change of use on contaminated land
A material change of use of premises if—
(a)
all or part of the premises is on the contaminated land
register or environmental management register; and
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(b)
the premises is not being used for a sensitive land use;
and
(c)
the material change of use involves—
(i)
a sensitive land use; or
(ii) a commercial purpose involving an accessible
underground facility, including, for example, a
basement car park, workshop or office; and
(d)
4
the contaminated land register or environmental
management register states the premises is suitable for
the proposed use in accordance with a site suitability
statement for the premises.
Material change of use in a State forest
A material change of use of premises in a State forest under
the Forestry Act 1959, if the material change of use is for 1 or
more of the following—
(a)
conservation;
(b)
planting trees, or managing, felling and removing
standing trees, in a plantation or native forest;
(c)
grazing;
(d)
recreation.
Part 3
5
Operational work
Operational work for taking or interfering with water
(1)
Operational work that involves—
(a)
taking or interfering with water from a watercourse, lake
or spring, or from a dam constructed on a watercourse or
lake, if—
(i)
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the taking or interfering is permitted under the
Water Act 2000, chapter 2, part 2, division 1A; or
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Schedule 8
(ii) the work involves the replacement of a pump and
the capacity of the new pump to take water is no
greater than the capacity of the existing pump; or
(iii) the work involves the installation of a pump to take
water under a water entitlement and the water
entitlement—
(A)
is managed under a resource operations
licence, an interim resource operations
licence or a distribution operations licence
given under the Water Act 2000; or
(B)
states the rate at which water may be taken;
or
(iv) the interfering is permitted under a water licence
and the work complies with the conditions of the
licence; or
(b)
taking or interfering with water from a watercourse, lake
or spring, other than taking or interfering mentioned in
paragraph (a), if—
(i)
a water resource plan states that the work is
accepted development; and
(ii) the work complies with the requirements for the
work stated under the Water Act 2000, section
1014(2)(j); or
(c)
taking or interfering with subartesian water, other than
through an exempt bore, if—
(i)
a water resource plan states that the work is
accepted development; and
(ii) the work complies with the requirements for the
work stated under the Water Act 2000, section
1014(2)(j); or
(d)
interfering with overland flow water in an area declared
under the Water Act 2000 to be a drainage and
embankment area if the work is declared under that Act
to be accepted development; or
(e)
taking overland flow water if—
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(i)
a water resource plan states that the work is
accepted development; and
(ii) the work complies with the requirements for the
work stated under the Water Act 2000, section
1014(2)(j).
(2)
In this section—
water entitlement see the Water Act 2000, schedule 4.
6
Operational work for waterway barrier works
Operational work for constructing or raising waterway barrier
works if—
(a)
the work complies with the requirements for the work
stated under the Fisheries Regulation 2008, section 704;
and
(b)
the waterway barrier works are—
(i)
temporary; or
(ii) minor; or
(iii) rebuilt on a regular basis.
7
Operational work in a declared fish habitat area
Operational work completely or partly within a declared fish
habitat area if the work complies with the requirements for the
work stated under the Fisheries Regulation 2008, section 705
and is reasonably necessary for—
(a)
the maintenance of existing structures, including, for
example, the following structures, if the structures were
constructed in compliance with all the requirements,
under any Act, relating to a structure of that type—
(i)
boat ramps, boardwalks, drains, fences, jetties,
roads, safety signs, swimming enclosures and
weirs;
(ii) powerlines or associated powerline infrastructure;
or
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(b)
educational or research purposes relating to the declared
fish habitat area; or
(c)
monitoring the impact of development on the declared
fish habitat area; or
(d)
the construction or placement of structures, including,
for example, safety signs, swimming enclosures and
aids to navigation, if—
(i)
the impact on the area is minor; and
(ii) the structures are constructed in compliance with
all the requirements, under any Act, relating to a
structure of that type; or
(e)
8
public benefit works, including, for example, the
construction of runnels for mosquito control, the
removal of Lyngbya and seed collection for site
rehabilitation, if the impact on the area is minor.
Operational work impacting on marine plants
(1)
Operational work that is the removal, destruction or damage
of a marine plant if—
(a)
the operational work complies with the requirements for
the work stated under the Fisheries Regulation 2008,
section 706; and
(b)
the removal, destruction or damage—
(i)
is of dead marine wood on unallocated State land
for trade or commerce; or
(ii) is reasonably necessary for the maintenance of
existing structures, including, for example, the
following structures, if the structures were
constructed in compliance with all the
requirements, under any Act, relating to a structure
of that type—
(A)
boat ramps, boardwalks, drains, fences,
jetties, roads, safety signs, swimming
enclosures and weirs;
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(B)
drainage structures;
(C)
powerlines
or
infrastructure; or
associated
powerline
(iii) is reasonably necessary for educational or research
purposes or for monitoring the impact of
development on marine plants; or
(iv) is reasonably necessary for the construction or
placement of structures, including, for example,
swimming enclosures, safety signs, aids to
navigation, fences, pontoons, public boat ramps
and pipelines, if—
(A)
the extent of the removal, destruction or
damage is minor; and
(B)
the structures were constructed in
compliance with all the requirements, under
any Act, relating to a structure of that type;
or
(v) is reasonably necessary for the construction of
runnels for mosquito control, removal of Lyngbya,
seed collection for site rehabilitation or the
collection of marine plants for fishing bait or
handicraft.
(2)
In this section—
dead marine wood means a branch or trunk that—
9
(a)
is a part of a dead marine plant; or
(b)
was a part of a dead marine plant.
Operational work for wetland protection areas
Operational work that is high impact earthworks, carried out
for electricity operating works or government supported
transport infrastructure, in a wetland protection area if the
work complies with the requirements stated in schedule 22
[Requirements for high impact earthworks in wetland
protection area].
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10
Operational work for tidal works or works within a coastal
management district
Operational work mentioned in schedule 3, part 1, table 4,
item 5(a) or (b)(i) if—
(a)
the work is undertaken by a local government or the
Gold Coast Waterways Authority under the Gold Coast
Waterways Authority Act 2012, or undertaken by or on
behalf of the department responsible for administering
the Transport Infrastructure Act or the Transport
Planning and Coordination Act 1994; and
(b)
the work complies with the requirements for the work
prescribed under the Coastal Act, section 167(7).
Note: The underlined words are a reference to the Sustainable Planning
Regulation.
11
Operational work relating to levees
(1)
(2)
Operational work that is the following, if the work complies
with the requirements for the work stated under the Water Act
2000, section 1014(2)(j)—
(a)
construction of a new category 1 levee; or
(b)
modification of an existing levee if, after the
modification, the levee will fulfil the requirements for a
category 1 levee.
In this section—
category 1 levee see the Water Regulation 2002, section
62C(2).
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Schedule 9
Schedule 9
Prohibited development
section 18(2)
1
Material change of use for a brothel
(1)
A material change of use of premises for a brothel if—
(a)
more than 5 rooms in the proposed brothel are to be
used for providing prostitution; or
(b)
any premises the subject of the development—
(i)
is in, or within 200m of the closest point on any
boundary of, a primarily residential area or an area
approved for residential development or intended
to be residential in character; or
(ii) is within 200m of the closest point on any
boundary of land on which there is a residential
building, place of worship, hospital, school,
kindergarten, or any other facility or place
regularly frequented by children for recreational or
cultural activities;
measured according to the shortest route a person may
reasonably and lawfully take, by vehicle or on foot,
between the premises the subject of the development
and the other land; or
(c)
any premises the subject of the development is within
100m of the closest point on any boundary of land on
which there is a residential building, place of worship,
hospital, school, kindergarten, or any other facility or
place regularly frequented by children for recreational
or cultural activities, measured in a straight line; or
(d)
for premises the subject of the development that is in a
town with a population of less than 25,000—
(i)
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the local government for the local government area
has required that all material changes of use for
such development within the area be prohibited;
and
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(ii) the Minister has agreed that the development
should be prohibited.
(2)
In this section—
residential building means a building, or part of a building,
used primarily for private residential use, other than a
building, or part of a building, used only for caretaker’s
accommodation on premises in an industrial area.
2
Material change of use on contaminated land
A material change of use of premises if—
(a)
all or part of the premises is on the contaminated land
register or environmental management register; and
(b)
the premises is not being used for a sensitive land use;
and
(c)
the material change of use involves—
(i)
a sensitive land use; or
(ii) a commercial purpose involving an accessible
underground facility, including, for example, a
basement car park, workshop or office; and
(d)
3
neither the contaminated land register nor the
environmental management register state that the
premises is suitable for the proposed use in accordance
with a site suitability statement for the premises.
Operational work for clearing native vegetation
Operational work mentioned in schedule 12 [Operational
work that is assessable development], section 2 [Assessable
development [sch 3, pt 1, table 4, item 1]] that is not for a
relevant purpose under the Vegetation Management Act,
section 22A.
4
Operational work in a wetland protection area
Operational work that is high impact earthworks in a wetland
protection area if—
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5
(a)
the development is carried out for electricity operating
works or government supported transport infrastructure;
and
(b)
the development is not accepted development under
schedule 8 [Accepted development].
Development in North Stradbroke Island Region
(1)
Development in the North Stradbroke Island Region that is an
environmentally relevant activity under the Environmental
Protection Regulation, schedule 2, part 4, section 16 to the
extent it involves dredging or extracting more than 10,000
tonnes of material a year.
(2)
In this section—
North Stradbroke Island Region see the North Stradbroke
Island Protection and Sustainability Act 2011, section 5.
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Schedule 10
Schedule 10
Building work that is
assessable development
sections 18, 21, 24, 29 and 30
Part 1
1
Preliminary
About this schedule
(1)
Part 2, division 1 of this schedule states building work that is
assessable development.
Note—
See also schedule 14 [Other development that is assessable
development] for other building work that is assessable development.
(2)
(3)
The tables in part 2, division 2 of this schedule state the
following matters for a development application for building
work mentioned in the part—
(a)
the category of assessment for the application;
(b)
the assessment benchmarks for the application;
(c)
other matters for carrying out [standard/code?]
assessment or [merit/impact?] assessment of the
application.
The tables in part 2, division 3 of this schedule state the
referral agencies for particular development applications for
building work and other matters for carrying out referral
agency assessment of the applications.
Note—
See also schedules 14 [Other development that is assessable
development] and 15 [Referral agency assessment for particular
prescribed assessable development] for other referral agency assessment
requirements that may apply.
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Schedule 10
Part 2
Building work under the
Building Act
Division 1
Assessable development
2
Assessable development [sch 3, part 1, table 1, item 1]
Building work under the Building Act is assessable
development, unless the building work is accepted
development under schedule 8 [Accepted development].
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Division 2
Assessment by assessment
manager
Table 1—Development application for building work under Building Act
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment
2
Assessment benchmarks
(a) The building assessment provisions
(b) The matters stated in the State
Planning Policy, part E to be
assessment benchmarks, to the
extent the matters relate to strategic
airports and aviation facilities, as
defined under the State Planning
Policy
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
Division 3
Referral agency’s assessment
Subdivision 1
Chief executive as referral agency
Table 1—Premises seaward of coastal building line
Column 1
Column 2
1
Application requiring referral
Application for building work mentioned
in section 2 if the building work is on
premises completely or partly seaward of
a coastal building line under the Coastal
Act
2
Referral agency
The chief executive
[schedule 7, table 1, item 11]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
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Table 1—Premises seaward of coastal building line
Column 1
Column 2
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 2—State transport infrastructure
Column 1
Column 2
1
Application for building work mentioned
in section 2 if—
Application requiring referral
(a) any part of the premises is within
25m of a State-controlled road or
future State-controlled road and the
building work—
(i) is not associated with—
(A) a material change of use
mentioned in schedule 7,
table 3, item 1; or
(B) reconfiguring a lot
mentioned in schedule 7,
table 2, item 2; or
(C) government supported
transport infrastructure; and
(ii) is for a non-residential purpose;
and
(iii) involves the redirection or
intensification of site
stormwater from the premises,
through a pipe with a
cross-sectional area greater than
625cm2, to a State-controlled
road or future State-controlled
road; or
(b) any part of the premises is future
public passenger transport corridor
and the building work is not
associated with—
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Table 2—State transport infrastructure
Column 1
Column 2
(i) reconfiguring a lot mentioned in
schedule 7, table 2, item 33; or
(ii) a material change of use
mentioned in schedule 7, table
3, item 14; or
(iii) government supported transport
infrastructure; or
(c) any part of the premises is future
railway land and the building work is
not associated with—
(i) reconfiguring a lot mentioned in
schedule 7, table 2, item 34; or
(ii) a material change of use
mentioned in schedule 7, table
3, item 15A; or
(iii) government supported transport
infrastructure
[Note: Underlined references are to the
Sustainable Planning Regulation]
2
Referral agency
The chief executive
[schedule 7, table 1, items 8, 14 and 16]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
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Table 3—Declared fish habitat area
Column 1
Column 2
1
Application requiring referral
Application for building work mentioned
in section 2, other than building work
prescribed under the Fisheries Regulation
2008, section 702 as non-referable
building work, if the building work is in a
declared fish habitat area
2
Referral agency
The chief executive
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Subdivision 2
Local government as referral
agency
Table 4—Particular class 1 and 10 buildings or structures involving
possible amenity and aesthetic impacts
Column 1
Column 2
1
Application for building work mentioned
in section 2 for a building or structure
that is—
Application requiring referral
(a) a single detached class 1(a)(i)
building, class 1(a)(ii) building made
up of not more than 2 attached
dwellings or a class 10 building or
structure; and
(b) in a locality, and of a form, for which
the local government has, by
resolution or in its planning scheme,
declared that the form may—
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Table 4—Particular class 1 and 10 buildings or structures involving
possible amenity and aesthetic impacts
Column 1
Column 2
(i) have an extremely adverse effect
on the amenity, or likely
amenity, of the locality; or
(ii) be in extreme conflict with the
character of the locality
2
Referral agency
The local government
[schedule 7, table 1, item 17]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The amenity and aesthetic impact of the
building or structure on the locality if the
building work is carried out
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 5—Particular buildings for residential purposes
Column 1
Column 2
1
Application requiring referral
Application for building work mentioned
in section 2 for a building, other than a
class 1, 2, 3 or 4 building, for residential
purposes
2
Referral agency
The local government
[schedule 7, table 1, item 18]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
Whether the building is suitable for
residential purposes
5
Matters referral agency’s assessment
must have regard to
—
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Table 5—Particular buildings for residential purposes
Column 1
Column 2
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 6—Design and siting
Column 1
Column 2
1
Application for building work mentioned
in section 2 if—
Application requiring referral
(a) the QDC, part 1.1, 1.2 or 1.3 applies
to the building work and, under the
part, the proposed building or
structure does not include an
acceptable solution for a relevant
performance criteria under the part;
or
(b) under the Building Act, section 33,
an alternative provision applies for
the building work and, under the
provision, the proposed building or
structure is not of the quantifiable
standard for a relevant qualitative
statement under the provision; or
(c) all of the following apply—
(i) under the Building Regulation
2006, section 10, the planning
scheme includes a provision
about a matter provided for
under performance criteria P4,
P5, P7, P8 or P9 of the QDC,
part 1.1 or 1.2;
(ii) the provision applies for
building work;
(iii) under the provision, the
proposed building or structure is
not of the quantifiable standard
for a relevant qualitative
statement under the provision
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Table 6—Design and siting
Column 1
Column 2
2
The local government
Referral agency
[schedule 7, table 1, items 19, 20 and
21]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
For building work mentioned in item 1,
column 2, paragraph (a)—whether the
proposed building or structure complies
with the performance criteria mentioned
in the paragraph
For building work mentioned in item 1,
column 2, paragraph (b) or (c)—whether
the proposed building or structure
complies with the qualitative statement
mentioned in the paragraph
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 7—Fire safety in particular budget accommodation buildings
Column 1
Column 2
1
Application requiring referral
Application for building work mentioned
in section 2 if the building is required,
under the Building Act, section 220, to
comply with the fire safety standard
under that Act
2
Referral agency
The local government
[schedule 7, table 1, item 22]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
Whether, after the building work is
completed, the building will comply with
the fire safety standard under the
Building Act
5
Matters referral agency’s assessment
must have regard to
—
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Table 7—Fire safety in particular budget accommodation buildings
Column 1
Column 2
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 8—Higher risk personal appearance services
Column 1
Column 2
1
Application for building work mentioned
in section 2 if—
Application requiring referral
(a) the QDC, part 5.2 applies to the
work; and
(b) the work does not comply with an
acceptable solution stated in the part
2
Referral agency
The local government
[schedule 7, table 1, item 23]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
Whether the building work complies with
the performance criteria stated in the
QDC, part 5.2 that are relevant to the
acceptable solution
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
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Table 9—Building work for residential services
Column 1
Column 2
1
Application requiring referral
Application for building work mentioned
in section 2 if the building work is for
premises in which a residential service,
as defined under the Residential Services
(Accreditation) Act 2002, section 4, is
conducted, or is proposed to be
conducted
2
Referral agency
The local government
[schedule 7, table 1, item 24]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
Whether, if the building work is carried
out, the premises would comply with the
requirements stated in the QDC, part 5.7
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 10—Building work for removal or rebuilding
Column 1
Column 2
1
Application for building work mentioned
in section 2 if the building work is, or
relates to—
Application requiring referral
(a) the removal of a building or other
structure, whether or not for
rebuilding at another site; or
(b) the rebuilding of a building or other
structure removed from another site
2
Referral agency
The local government
[schedule 7, table 1, item 25]
3
Limitations on referral agency’s powers
—
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Table 10—Building work for removal or rebuilding
Column 1
Column 2
4
(a) Whether the local government
should require security, of no more
than the value of the building work,
for the performance of the work
Matters referral agency’s assessment
must be against
(b) If security is required, the amount
and form of security that is
appropriate for the development
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 11—Building work for particular class 1 buildings associated with
material change of use of premises
Column 1
Column 2
1
Application for building work mentioned
in section 2 if—
Application requiring referral
(a) the building work is for a class
1(a)(i) building or a class 1(a)(ii)
building made up of not more than 2
attached dwellings; and
(b) a material change of use of premises
associated with the building work—
(i) is for a residential purpose in a
residential zone; and
(ii) would have required a
development permit if schedule
4, table 2, item 2 did not apply
for the use
[Note: Underlined reference is to the
Sustainable Planning Regulation]
2
Referral agency
The local government
[schedule 7, table 1, item 26]
3
Limitations on referral agency’s powers
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Table 11—Building work for particular class 1 buildings associated with
material change of use of premises
Column 1
Column 2
4
The relevant provisions of a local
instrument that would apply for the
application if schedule 4, table 2, item 2
did not apply for the material change of
use
Matters referral agency’s assessment
must be against
[Note: Underlined reference is to the
Sustainable Planning Regulation]
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 12—Temporary accommodation buildings
Column 1
Column 2
1
Application for building work mentioned
in section 2 if—
Application requiring referral
(a) the building work is for a temporary
accommodation building, as defined
under the Building Regulation 2006,
section 54A; and
(b) the QDC, part 3.3 applies to the
work; and
(c) the requirements of acceptable
solution A1 stated in the part are not
complied with
2
Referral agency
The local government
[schedule 7, table 1, item 27]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
Performance criteria 1 of the QDC, part
3.3
5
Matters referral agency’s assessment
must have regard to
—
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Table 12—Temporary accommodation buildings
Column 1
Column 2
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 13—Building work relating to end of trip facilities for QDC, part 4.1
Column 1
Column 2
1
Application for building work mentioned
in section 2 if—
Application requiring referral
(a) the building work is for development
to which performance criteria P12 of
the QDC, part 4.1, applies; and
(b) the development application does not
comply with the performance criteria
2
Referral agency
The local government
[schedule 7, table 1, item 28]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
Whether the proposed development
complies with performance criteria P12
of the QDC, part 4.1
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 14—Building work for class 1 building on premises with on-site
wastewater management system
Column 1
Column 2
1
Application for building work mentioned
in section 2 if—
Application requiring referral
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Table 14—Building work for class 1 building on premises with on-site
wastewater management system
Column 1
Column 2
(a) the building work is for a class 1
building; and
(b) an on-site wastewater management
system, as defined under the QPW
code, has been installed on the
premises; and
(c) the work involves adding 1 or more
bedrooms to the building
2
Referral agency
The local government
[schedule 7, table 1, item 29]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
Whether the building work complies with
the QPW code, part 1, performance
criteria P2
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 15—Flood hazard area
Column 1
Column 2
1
Application for building work mentioned
in section 2 if the premises is in a flood
hazard area and—
Application requiring referral
(a) the development application states a
defined flood level that is lower than
a defined flood level declared by the
local government under the Building
Regulation 2006, section 13 for the
part of the flood hazard area in
which the premises is located; or
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Table 15—Flood hazard area
Column 1
Column 2
(b) the development application states a
maximum flow velocity of water that
is lower than a maximum flow
velocity of water declared by the
local government under the Building
Regulation 2006, section 13 for the
part of the flood hazard area in
which the premises is located
2
Referral agency
The local government
[schedule 7, table 1, items 30 and 31]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
If item 1, column 2, paragraph (a)
applies—whether the defined flood level
stated in the development application is
appropriate having regard to all or any of
the following matters—
(a) any flood modelling carried out for
the premises or all or part of the
flood hazard area within which the
premises is located;
(b) any recorded flood levels for all or
part of the flood hazard area within
which the premises is located;
(c) any other matter the local
government considers relevant.
If item 1, column 2, paragraph (b)
applies—whether the maximum flow
velocity of water stated in the
development application is appropriate
having regard to all or any of the
following matters—
(a) any flood modelling carried out for
the premises or all or part of the
flood hazard area within which the
premises is located;
(b) any flow velocity of water that has
been recorded for a flood for—
(i) all or part of the flood hazard
area within which the premises
is located; or
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Table 15—Flood hazard area
Column 1
Column 2
(ii) the part of the premises on
which the building work is to be
carried out;
(c) any other matter the local
government considers relevant
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Subdivision 3
Other entities as referral agency
Table 16—Fire safety systems generally
Column 1
Column 2
1
Application for building work mentioned
in section 2 that involves—
Application requiring referral
(a) a fire safety system for a building or
structure, other than a temporary
structure or a special structure as
defined under the Building Act,
schedule 2, if the building work—
(i) requires special fire services
mentioned in schedule 27, part 1
[Special fire services]; or
(ii) includes an alternative solution
assessed against the
performance requirements of the
Building Code, volume 1, or the
performance criteria in the
QDC, part 2.2, for the fire safety
system; or
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Table 16—Fire safety systems generally
Column 1
Column 2
(iii) includes an alternative solution
assessed against the relevant
performance requirements of the
Building Code or the
performance criteria stated in
the QDC, part 2.3, for the fire
safety system; or
(b) a fire safety system for a budget
accommodation building if the work
involves a solution—
(i) assessed against the
performance criteria in the
QDC, part 2.1 or the
performance requirements of the
Building Code, volumes 1 and
2, for the fire safety system; and
(ii) that includes a fire safety
management plan as a condition
of the use and occupation of the
building; or
(c) a residential care building under the
QDC, part 2.2
2
Referral agency
The Queensland Fire and Emergency
Service
[schedule 7, table 1, items 1, 2 and 3]
3
Limitations on referral agency’s powers
Referral agency may give advice only
4
Matters referral agency’s assessment
must be against
If item 1, column 2, paragraph (a)(i)
applies—the matters mentioned in
schedule 27 [Special fire services], part 2
If item 1, column 2, paragraph (a)(ii) or
(iii) applies—the Building Act, chapter 3
and the building assessment provisions
If item 1, column 2, paragraph (b)
applies—the fire safety management plan
If item 1, column 2, paragraph (c)
applies—
(a) the QDC, part 2.2; and
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Table 16—Fire safety systems generally
Column 1
Column 2
(b) whether a fire and evacuation plan
for the building under the Fire and
Emergency Services Act 1990
complies with the QDC, part 2.2,
schedule 2
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 17—Water-based fire safety installations
Column 1
Column 2
1
Application for building work mentioned
in section 2 involving a water-based fire
safety installation, as defined under the
Building Fire Safety Regulation 2008,
schedule 3, for a building or structure, if
the building work includes—
Application requiring referral
(a) the installation of the water-based
fire safety installation; and
(b) an alternative solution assessed
against performance criteria P3, P4
and P5 of the QDC, part 6.1
2
Referral agency
The Queensland Fire and Emergency
Service
[schedule 7, table 1, item 2A]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
Performance criteria P3, P4 and P5 of the
QDC, part 6.1
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
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Table 18—Workplace involving spray painting
Column 1
Column 2
1
Application for building work mentioned
in section 2 for a workplace involving
spray painting if—
Application requiring referral
(a) the QDC, part 5.8, applies to the
work; and
(b) the work is required to comply with
performance criteria for the work
stated in the part, other than by an
acceptable solution
2
Referral agency
The regulator under the Work Health and
Safety Act 2011
[schedule 7, table 1, item 4]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The performance criteria stated in the
QDC, part 5.8
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 19—Fire safety for farm buildings
Column 1
Column 2
1
Application for building work mentioned
in section 2 if—
Application requiring referral
(a) performance criteria P1 of the QDC,
part 3.7 applies to the building work
and the work includes an alternative
solution assessed against
performance criteria P1; or
(b) performance criteria P3 of the QDC,
part 3.7 applies to the building work
and the work—
(i) does not comply with the QDC,
part 3.7, acceptable solution
A3(1)(a)(ii), (2) or (3); or
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Table 19—Fire safety for farm buildings
Column 1
Column 2
(ii) includes an alternative solution
assessed against performance
criteria P3 of the QDC, part 3.7,
2
Referral agency
The Queensland Fire and Emergency
Service
[schedule 7, table 1, items 2A and 2AB]
3
Limitations on referral agency’s powers
Referral agency may give advice only
4
Matters referral agency’s assessment
must be against
If item 1, column 2, paragraph (a)
applies—performance criteria P1 of the
QDC, part 3.7
If item 1, column 2, paragraph (b)
applies—performance criteria P3 of the
QDC, part 3.7
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 20—Retail meat premises
Column 1
Column 2
1
Application for building work mentioned
in section 2 for a retail meat premises
if—
Application requiring referral
(a) the QDC, part 5.3 applies to the
work; and
(b) the work is required to comply with
performance criteria for the work
stated in the part, other than by an
acceptable solution
2
Referral agency
Safe Food Production QLD established
under the Food Production (Safety) Act
2000
[schedule 7, table 1, item 5]
3
Limitations on referral agency’s powers
—
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Table 20—Retail meat premises
Column 1
Column 2
4
Matters referral agency’s assessment
must be against
The performance criteria stated in the
QDC, part 5.3
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 21—Private health facilities
Column 1
Column 2
1
Application for building work mentioned
in section 2 for a private health facility
if—
Application requiring referral
(a) the QDC, part 5.5, applies to the
work; and
(b) the work is required to comply with
performance criteria for the work
stated in the part, other than by an
acceptable solution
2
Referral agency
The chief health officer established under
the Hospital and Health Boards Act 2011
[schedule 7, table 1, item 6]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The performance criteria stated in the
QDC, part 5.5
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
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Table 22—Workplace area less than 2.3m2
Column 1
Column 2
1
Application for building work mentioned
in section 2 involving a workplace area
less than 2.3m2 if—
Application requiring referral
(a) the QDC, part 5.1 applies to the
work; and
(b) the work is required to comply with
the performance criteria for work
areas stated in the part, other than by
an acceptable solution for work areas
2
Referral agency
The regulator under the Work Health and
Safety Act 2011
[schedule 7, table 1, item 7]
3
Limitations on referral agency’s powers
Referral agency may give advice only
4
Matters referral agency’s assessment
must be against
The performance criteria stated in the
QDC, part 5.1
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 23—Pastoral workers’ accommodation
Column 1
Column 2
1
Application for building work mentioned
in section 2 for accommodation provided
for a person performing pastoral work, as
defined under the Pastoral Workers’
Accommodation Act 1980, if—
Application requiring referral
(a) the QDC, part 5.6 applies to the
work; and
(b) the work is required to comply with
the performance criteria for
accommodation stated in the part,
other than by an acceptable solution
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Table 23—Pastoral workers’ accommodation
Column 1
Column 2
2
The chief executive responsible for
administering the Pastoral Workers’
Accommodation Act 1980
Referral agency
[schedule 7, table 1, item 9]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The performance criteria stated in the
QDC, part 5.6
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 24—Building work over or near relevant infrastructure relating to
QDC, part 1.4
Column 1
Column 2
1
Application for building work mentioned
in section 2 if—
Application requiring referral
(a) the QDC, part 1.4 applies to the
work; and
(b) the work will be carried out on a lot
that contains, or is adjacent to a lot
that contains, a sewer, water main or
stormwater drain; and
(c) either—
(i) the work does not comply with
an acceptable solution for a
relevant performance criteria
stated in the part; or
(ii) the work is for a class of
building or structure for which
the part does not state an
acceptable solution; and
(d) the relevant service provider is not
the applicant
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Planning Regulation 2016
Schedule 10
Table 24—Building work over or near relevant infrastructure relating to
QDC, part 1.4
Column 1
Column 2
2
The relevant service provider
Referral agency
[schedule 7, table 1, item 27A]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
Whether the proposed building or
structure complies with the performance
criteria in the QDC, part 1.4 that relate to
a sewer, water main or stormwater drain
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 25—Brisbane core port land
Column 1
Column 2
1
Application requiring referral
Application for building work on
Brisbane core port land if the premises
the subject of the application is
completely or partly within, or within
25m of, Brisbane port railway land.
2
Referral agency
The chief executive responsible for
administering the Transport
Infrastructure Act
[TIA, section 283ZS]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The purpose stated in the Transport
Infrastructure Act, section 258(2)
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
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Planning Regulation 2016
Schedule 11
Schedule 11
Material change of use of
premises that is assessable
development
sections 18, 21, 24, 29 and 30
Part 1
1
Preliminary
About this schedule
(1)
Parts 2 to 5, division 1 of this schedule state development that
is a material change of use of premises that is assessable
development.
Note—
See also schedule 14 [Other development that is assessable
development] for other material changes of use of premises that are
assessable development.
(2)
(3)
The tables in parts 2 to 5, division 2 of this schedule state the
following matters for a development application for a material
change of use mentioned in the part—
(a)
the category of assessment for the application;
(b)
the assessment benchmarks for the application;
(c)
other matters for carrying out [standard/code?]
assessment or [merit/impact?] assessment of the
application.
The tables in parts 2 to 5, division 3 of this schedule state the
referral agencies for particular development applications for a
material change of use of premises and other matters for
carrying out referral agency assessment of the applications.
Note—
See also schedules 14 [Other development that is assessable
development] and 15 [Referral agency assessment for particular
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Planning Regulation 2016
Schedule 11
prescribed assessable development] for other referral agency assessment
requirements that may apply.
Part 2
Material change of use for an
environmentally relevant
activity
Division 1
Assessable development
2
Assessable development [sch 3, part 1, table 2, item 1]
(1)
A material change of use of premises for an environmentally
relevant activity is assessable development if it is a
concurrence ERA (the relevant ERA).
(2)
However, the material change of use is not assessable
development if—
(3)
(a)
an environmental authority to carry out a concurrence
ERA has been approved for the premises; and
(b)
the relevant ERA and concurrence ERA mentioned in
paragraph (a) are to be carried out under the
environmental authority; and
(c)
under the Environmental Protection Regulation, section
14(1), the relevant ERA has a lower aggregate
environmental score than the concurrence ERA
mentioned in paragraph (a).
In this section—
concurrence ERA see
Regulation, section 16.
the
Environmental
Protection
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Schedule 11
Division 2
Assessment by assessment
manager
Table 1—Development application for environmentally relevant activity
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment
2
Assessment benchmarks
If the local government is the assessment
manager—the matters prescribed as
assessment benchmarks under the
Environmental Protection Regulation,
section 19C
[Note: A consequential amendment is
required to this section of the EP Reg]
If the chief executive is the assessment
manager—the State development
assessment provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
Division 3
Referral agency’s assessment
Table 1—Devolved environmentally relevant activity
Column 1
Column 2
1
Application requiring referral
Application for a material change of use
mentioned in section 2 if—
(a) the environmentally relevant activity
the subject of the application has
been devolved to a local government
under the Environmental Protection
Regulation; and
(b) the local government is not the
assessment manager for the
application
2
Referral agency
The local government
[schedule 7, table 2, item 1]
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Schedule 11
Table 1—Devolved environmentally relevant activity
Column 1
Column 2
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The matters prescribed under the
Environmental Protection Regulation,
section 19C
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 2—Non-devolved environmentally relevant activities
Column 1
Column 2
1
Application for a material change of use
mentioned in section 2 if—
Application requiring referral
(a) the environmentally relevant activity
the subject of the application has not
been devolved to a local government
under the Environmental Protection
Regulation; and
(b) the chief executive is not the
assessment manager for the
application
2
Referral agency
The chief executive
[schedule 7, table 2, item 1]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
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Planning Regulation 2016
Schedule 11
Part 3
Material change of use for a
brothel
Division 1
Assessable development
3
Assessable development [sch 3, part 1, table 2, item 2]
A material change of use of premises for a brothel is
assessable development, unless the material change of use is
prohibited development.
Division 2
Assessment by assessment
manager
Table 1—Development application for a brothel
Column 1
Column 2
1
[Standard/code?] assessment if—
Category of assessment
(a) the premises is in an industrial area
or on strategic port land; or
(b) the planning scheme that applies to
the premises was made after 1 July
2000 and requires [standard/code?]
assessment
Otherwise, [merit/impact?] assessment
2
Assessment benchmarks
If the local government is the assessment
manager—the performance criteria stated
in the Prostitution Regulation 2014,
schedule 3
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
—
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Planning Regulation 2016
Schedule 11
Part 4
Material change of use for a
major hazard facility
Division 1
Assessable development
4
Assessable development [sch 3, part 1, table 2, item 5]
A material change of use of premises for a major hazard
facility or proposed major hazard facility is assessable
development.
Division 2
Assessment by assessment
manager
Table 1—Development application for major hazard facility
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment, if the chief
executive is the assessment manager
2
Assessment benchmarks
If the chief executive is the assessment
manager—the State development
assessment provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
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Schedule 11
Division 3
Referral agency’s assessment
Table 1—Referral agency’s assessment
Column 1
Column 2
1
Application requiring referral
Application for development mentioned
in section 4 if the chief executive is not
the assessment manager
2
Referral agency
The chief executive
[schedule 7, table 2, item 8]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Part 5
Material change of use for
aquaculture
Division 1
Assessable development
5
Assessable development [sch 3, part 1, table 2, item 10]
A material change of use of premises for aquaculture is
assessable development, unless the material change of use is
accepted development under schedule 8 [Accepted
development].
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Planning Regulation 2016
Schedule 11
Division 2
Assessment by assessment
manager
Table 1—Development application for aquaculture
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment, if the chief
executive is the assessment manager
2
Assessment benchmarks
If the chief executive is the assessment
manager—the State development
assessment provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
Division 3
Referral agency’s assessment
Table 1—Referral agency’s assessment
Column 1
Column 2
1
Application requiring referral
Application for development mentioned
in section 5 if the chief executive is not
the assessment manager
2
Referral agency
The chief executive
[schedule 7, table 2, item 28]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
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Planning Regulation 2016
Schedule 12
Schedule 12
Operational work that is
assessable development
sections 18, 21, 24, 29 and 30
Part 1
1
Preliminary
About this schedule
(1)
Parts 2 to 9, division 1 of this schedule state operational work
that is assessable development.
Note—
See also schedule 14 [Other development that is assessable
development] for other operational work that is assessable development.
(2)
(3)
The tables in parts 2 to 9, division 2 of this schedule state the
following matters for a development application for
operational work mentioned in the part—
(a)
the category of assessment for the application;
(b)
the assessment benchmarks for the application;
(c)
other matters for carrying out [standard/code?]
assessment or [merit/impact?] assessment of the
application.
The tables in parts 2 to 9, division 3 of this schedule state the
referral agencies for particular development applications for
operational work and other matters for carrying out referral
agency assessment of the applications.
Note—
See also schedules 14 [Other development that is assessable
development] and 15 [Referral agency assessment for particular
prescribed assessable development] for other referral agency assessment
requirements that may apply.
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Planning Regulation 2016
Schedule 12
Part 2
Operational work that is
clearing native vegetation
Division 1
Assessable development
2
Assessable development [sch 3, part 1, table 4, item 1]
(1)
Operational work that is the clearing of native vegetation is
assessable development if it is carried out on—
(a)
freehold land; or
(b)
indigenous land; or
(c)
any of the following under the Land Act—
(i)
land subject to a lease;
(ii) a road;
(iii) trust land, other than indigenous land;
(iv) unallocated State land;
(v) land subject to a licence or permit.
(2)
However, the operational work is not assessable development
if the clearing is—
(a)
clearing, or for another activity or matter, mentioned in
schedule 29, part 1 [Clearing of native vegetation—not
assessable development]; or
(b)
clearing mentioned in schedule 29, part 2 [Clearing of
native vegetation—not assessable development] for the
particular land; or
(c)
prohibited development.
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Planning Regulation 2016
Schedule 12
Division 2
Assessment by assessment
manager
Table 1—Development application for clearing native vegetation
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment, if the chief
executive is the assessment manager
2
Assessment benchmarks
If the chief executive is the assessment
manager—the State development
assessment provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
Division 3
Referral agency’s assessment
Table 1—Referral agency’s assessment
Column 1
Column 2
1
Application for operational work
mentioned in section 2, other than an
application—
Application requiring referral
(a)
for operational work associated
with reconfiguring a lot mentioned
in schedule 7, table 2, item 4; or
(b)
for operational work associated
with a material change of use of
premises mentioned in schedule 7,
table 3, item 10; or
(c)
for which the chief executive is the
assessment manager
[Note: Underlined references are to the
Sustainable Planning Regulation]
2
Referral agency
The chief executive
[schedule 7, table 2, item 5]
3
Limitations on referral agency’s powers
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—
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Planning Regulation 2016
Schedule 12
Table 1—Referral agency’s assessment
Column 1
Column 2
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Part 3
Operational work associated
with reconfiguring a lot
Division 1
Assessable development
3
Assessable development [sch 3, pt 1, table 4, item 2]
Operational work for reconfiguring a lot is assessable
development if the reconfiguration is also assessable
development.
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Planning Regulation 2016
Schedule 12
Division 2
Assessment by assessment
manager
Table 1—Development application for operational work for reconfiguring a
lot
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment
2
Assessment benchmarks
—
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
Part 4
Operational work for taking or
interfering with water
Division 1
Assessable development
4
Assessable development [sch 3, part 1, table 4, item 3]
Operational work that involves the following is assessable
development, unless the work is accepted development under
schedule 8 [Accepted development]—
Page 150
(a)
taking or interfering with water from a watercourse, lake
or spring or from a dam constructed on a watercourse or
lake;
(b)
taking or interfering with artesian water, as defined
under the Water Act 2000, schedule 4, other than
through a monitoring bore;
(c)
taking or interfering with subartesian water, other than
through an exempt bore, if—
Working draft only - not government policy
Planning Regulation 2016
Schedule 12
(i)
a water resource plan states that the works are
assessable development; or
(ii) the works are prescribed as assessable
development under the Water Act 2000;
(d)
interfering with overland flow water in an area declared
under the Water Act 2000 to be a drainage and
embankment area if the operations are declared under
that Act to be assessable development; or
(e)
taking overland flow water if—
(i)
a water resource plan states that the works are
assessable development; or
(ii) the works are prescribed as assessable
development under the Water Act 2000.
Division 2
Assessment by assessment
manager
Table 1—Development application for taking or interfering with water
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment, if the chief
executive is the assessment manager
2
Assessment benchmarks
If the chief executive is the assessment
manager—the State development
assessment provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
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Planning Regulation 2016
Schedule 12
Division 3
Referral agency’s assessment
Table 1—Taking or interfering with water
Column 1
Column 2
1
Application requiring referral
Application mentioned in section 4,
unless the chief executive is the
assessment manager for the application
2
Referral agency
The chief executive
[schedule 7, table 2, items 9 and 10]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Part 5
Operational work for particular
dams
Division 1
Assessable development
5
Assessable development [sch 3, part 1, table 4, item 4]
Operational work that is the construction of a dam, or relates
to a dam, is assessable development if, because of the work,
the dam must be failure impact assessed.
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Planning Regulation 2016
Schedule 12
Division 2
Assessment by assessment
manager
Table 1—Development application for particular dams
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment, if the chief
executive is the assessment manager
2
Assessment benchmarks
If the chief executive is the assessment
manager—the State development
assessment provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
Division 3
Referral agency’s assessment
Table 1—Referral agency’s assessment
Column 1
Column 2
1
Application requiring referral
Application for development mentioned
in section 5, unless the chief executive is
the assessment manager for the
application
2
Referral agency
The chief executive
[schedule 7, table 2, item 11]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
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Planning Regulation 2016
Schedule 12
Part 6
Operational work for tidal
works or works in a coastal
management district
Division 1
Assessable development
6
Assessable development [sch 3, pt 1, table 4, item 5]
(1)
Operational work, other than excluded work or accepted
development under schedule 8 [Accepted development],
section 10, is assessable development if the work is—
(a)
tidal works; or
(b)
any of the following carried out completely or partly in a
coastal management district—
(i)
interfering with quarry material, as defined under
the Coastal Act, on State coastal land above
high-water mark;
(ii) disposing of dredge spoil or other solid waste
material in tidal water;
(iii) constructing an artificial waterway;
(iv) removing or interfering with coastal dunes on land,
other than State coastal land, that is in an erosion
prone area under the Coastal Act.
(2)
In this section—
State coastal land see the Coastal Act, section 17.
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Planning Regulation 2016
Schedule 12
Division 2
Assessment by assessment
manager
Table 1—Development application for tidal works or works in a coastal
management district
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment
2
Assessment benchmarks
If the local government is the assessment
manager—the Coastal Regulation,
schedule 4A
If the chief executive is the assessment
manager—the State development
assessment provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
Division 3
Referral agency’s assessment
Table 1—Particular tidal works or works in a coastal management district
Column 1
Column 2
1
Application for operational work
mentioned in section 6, other than an
application—
Application requiring referral
(a)
for prescribed tidal work in a canal;
or
(b)
for work that is for the installation,
maintenance or repair of overhead
cables or lines that extend over tidal
water; or
(c)
for work that is for the construction,
installation, maintenance or repair
of pipelines, cables or lines under
tidal water; or
(d)
for the following tidal works in
Gold Coast waters—
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Planning Regulation 2016
Schedule 12
Table 1—Particular tidal works or works in a coastal management district
Column 1
Column 2
(i)
a boat ramp, jetty or private
single vessel pontoon;
(ii) a drainage outlet;
(iii) a stormwater outlet; or
2
Referral agency
(e)
for which the chief executive is the
assessment manager; or
(f)
for work for government supported
transport infrastructure
The chief executive
[schedule 7, table 2, items 13 and 15]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
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Planning Regulation 2016
Schedule 12
Table 2—Work in Gold Coast waters
Column 1
Column 2
1
Application for operational work
mentioned in section 6 if the work is
carried out in Gold Coast waters and is—
2
Application requiring referral
Referral agency
(a)
tidal works; or
(b)
disposing of dredge spoil or other
solid waste material in tidal water;
or
(c)
reclaiming land under tidal water;
or
(d)
constructing a canal, if the canal is
associated with reconfiguring a lot
The Gold Coast Waterways Authority
established under the Gold Coast
Waterways Authority Act 2012
[schedule 7, table 2, item 15B]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The purposes of the Gold Coast
Waterways Authority Act 2012
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
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Schedule 12
Table 3—Tidal works for a marina
Column 1
Column 2
1
Application for operational work
mentioned in section 6 if the
application—
2
Application requiring referral
Referral agency
(a)
is for tidal works; and
(b)
involves a marina, as defined under
the Transport Operations (Marine
Pollution) Act 1995, with more than
6 vessel berths
The Queensland Fire and Emergency
Service
[schedule 7, table 2, item 18]
3
Limitations on referral agency’s powers
Referral agency may give advice only
4
Matters referral agency’s assessment
must be against
The fire safety management plan for the
marina
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Part 7
Operational work relating to
fisheries
Division 1
Assessable development
7
Assessable development [sch 3, part 1, table 4, items 6, 7
and 8]
The following operational work is assessable development,
unless the work is accepted development under schedule 8
[Accepted development]—
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Planning Regulation 2016
Schedule 12
(a)
operational work that is constructing or raising water
barrier works;
(b)
operational work completely or partly in a declared fish
habitat area;
(c)
operational work that is the removal, destruction or
damage of a marine plant, other than—
(i)
operational work for reconfiguring a lot that is
assessable development under schedule 3, part 1,
table 3, item 1 if a development permit is in effect
for the reconfiguration; and
(ii) operational work for a material change of use of
premises that is assessable development if a
development permit is in effect for the material
change of use.
Division 2
Assessment by assessment
manager
Table 1—Development application for operational works in relation to
fisheries
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment, if the chief
executive is the assessment manager
2
Assessment benchmarks
If the chief executive is the assessment
manager—the State development
assessment provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
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Planning Regulation 2016
Schedule 12
Division 3
Referral agency’s assessment
Table 1—Referral agency’s assessment
Column 1
Column 2
1
Application requiring referral
Application for development mentioned
in section 7, unless the chief executive is
the assessment manager for the
application
2
Referral agency
The chief executive
[schedule 7, table 2, items 29, 30 and
26]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Part 8
Operational work in a wetland
protection area
Division 1
Assessable development
8
Assessable development [schedule 3, part 1, table 4, item
10]
(1)
Operational work that is high impact earthworks in a wetland
protection area is assessable development, unless the
operational work is—
(a)
Page 160
for a domestic housing activity; or
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Planning Regulation 2016
Schedule 12
(b)
the natural and ordinary consequence of development
that is a material change of use of premises, or
reconfiguring a lot—
(i)
involving high impact earthworks in a wetland
protection area; and
(ii) for which the chief executive, or the chief
executive (environment), was a referral agency; or
(c)
(2)
accepted development under schedule 8 [Accepted
development].
In this section—
chief executive (environment) means the chief executive
responsible for administering the Environmental Protection
Act.
Division 2
Assessment by assessment
manager
Table 1—Development application for high impact earthworks in wetland
protection area
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment, if the chief
executive is the assessment manager
2
Assessment benchmarks
If the chief executive is the assessment
manager—the State development
assessment provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
Page 161
Working draft only - not government policy
Planning Regulation 2016
Schedule 12
Division 3
Referral agency’s assessment
Table 1—Referral agency’s assessment
Column 1
Column 2
1
Application requiring referral
Application for development mentioned
in section 8, unless the chief executive is
the assessment manager for the
application
2
Referral agency
The chief executive
[schedule 7, table 2, item 43B]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Part 9
Operational work for levees
Division 1
Assessable development
9
Assessable development [sch 3, part 1, table 4, items 11
and 12]
The following operational work is assessable development—
Page 162
(a)
construction of a new category 2 levee;
(b)
construction of a new category 3 levee;
(c)
modification of an existing levee if, after the
modification, the levee will fulfil the requirements for a
category 2 levee;
Working draft only - not government policy
Planning Regulation 2016
Schedule 12
(d)
modification of an existing levee if, after the
modification, the levee will fulfil the requirements for a
category 3 levee.
Division 2
Assessment by assessment
manager
Table 1—Development application for constructing or modifying a levee
Column 1
Column 2
1
[Standard/code?] assessment, if the
application is for development mentioned
in section 9(a) or (c)
Category of assessment
[Merit/impact?] assessment, if the
application is for development mentioned
in section 9(b) or (d)
2
Assessment benchmarks
The Water Regulation 2002, schedule
15B
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
—
Division 3
Referral agency’s assessment
Table 1—Referral agency’s assessment
Column 1
Column 2
1
Application requiring referral
Application for operational work
mentioned in section 9(b) or (d)
2
Referral agency
The chief executive
[schedule 7, table 2, item 48]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
Page 163
Working draft only - not government policy
Planning Regulation 2016
Schedule 12
Table 1—Referral agency’s assessment
Column 1
Column 2
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 164
Working draft only - not government policy
Planning Regulation 2016
Schedule 13
Schedule 13
Reconfiguring a lot that is
assessable development
sections 18, 21, 24, 29 and 30
Part 1
1
Preliminary
About this schedule
(1)
Part 2, division 1 of this schedule states reconfiguring a lot
that is assessable development.
Note—
See also schedule 14 [Other development that is assessable
development] for other reconfiguring a lot that is assessable
development.
(2)
(3)
The table in part 2, division 2 of this schedule states the
following matters for a development application for
reconfiguring a lot mentioned in part 2, division 1—
(a)
the category of assessment for the application;
(b)
the assessment benchmarks for the application;
(c)
other matters for carrying out [standard/code?]
assessment or [merit/impact?] assessment of the
application.
The tables in part 2, division 3 of this schedule state the
referral agencies for particular development applications for
reconfiguring a lot and other matters for carrying out referral
agency assessment of the applications.
Note—
See also schedules 14 [Other development that is assessable
development] and 15 [Referral agency assessment for particular
prescribed assessable development] for other referral agency assessment
requirements that may apply.
Page 165
Working draft only - not government policy
Planning Regulation 2016
Schedule 13
Part 2
Reconfiguring a lot under the
Land Title Act
Division 1
Assessable development
2
Assessable development [sch 3, part 1, table 3, item 1]
Reconfiguring a lot under the Land Title Act is assessable
development, unless the reconfiguration—
Page 166
(a)
is mentioned in schedule 7 [Development local
categorising instrument may not state is assessable
development],
section
19(2)
[Particular
reconfigurations]; or
(b)
is for a lot that is, or includes, Brisbane core port land;
or
(c)
is for reconfiguring a South Bank lot within the
corporation area under the South Bank Corporation Act
1989; or
(d)
is for land in a priority development area.
Working draft only - not government policy
Planning Regulation 2016
Schedule 13
Division 2
Assessment by assessment
manager
Table 1—Development application for reconfiguring a lot
Column 1
Column 2
1
[Standard/code?] assessment if—
Category of assessment
(a) schedule 20 [Particular reconfiguring
a lot requiring standard assessment]
applies to the reconfiguration; or
(b) a local categorising instrument does
not require [merit/impact?]
assessment for the application
[Merit/impact?] assessment if a local
categorising instrument requires
[merit/impact?] assessment and schedule
20 does not apply to the reconfiguration
2
Assessment benchmarks
For reconfiguring a lot to which schedule
20 [Particular reconfiguring a lot
requiring standard assessment]
applies—the assessment benchmarks
prescribed in schedule 20 [Particular
reconfiguring a lot requiring standard
assessment] for the development
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
—
Page 167
Working draft only - not government policy
Planning Regulation 2016
Schedule 13
Division 3
Referral agency’s assessment
Table 1—State-controlled road
Column 1
Column 2
1
Application for reconfiguring a lot if—
Application requiring referral
(a)
any part of the premises—
(i)
is within 25m of a
State-controlled road; or
(ii) is future State-controlled road;
or
(iii) adjoins a road that intersects
with a State-controlled road
that is within 100m of the
premises; and
(b)
1 or more of the following apply—
(i)
the total number of lots is
increased;
(ii) the total number of lots
adjoining the State-controlled
road is increased;
(iii) there is a new or changed
access between the premises
and the State-controlled road
2
Referral agency
The chief executive
[schedule 7, table 2, item 2]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 168
Working draft only - not government policy
Planning Regulation 2016
Schedule 13
Table 2—Other State transport infrastructure
Column 1
Column 2
1
Application for reconfiguring a lot if—
Application requiring referral
(a)
any part of the premises is within
25m of a public passenger transport
corridor and any of the following
apply—
(i)
the total number of lots is
increased;
(ii) an easement abutting the
corridor is created; or
(b)
any part of the premises is future
public passenger transport corridor;
or
(c)
any part of the premises is within
25m of a railway or future railway
land and any of the following
apply—
(i)
the total number of lots is
increased;
(ii) an easement adjoining the
railway or future railway land
is created; or
2
Referral agency
(d)
any part of the premises is future
railway land; or
(e)
any part of the premises is, or is
within 50m of, a State-controlled
transport tunnel or future
State-controlled transport tunnel
The chief executive
[schedule 7, table 2, items 33, 34 and
34A]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 169
Working draft only - not government policy
Planning Regulation 2016
Schedule 13
Table 3—Clearing vegetation
Column 1
Column 2
1
Application for reconfiguring a lot if—
Application requiring referral
(a)
a lot to which the application relates
is 5ha or larger; and
(b)
the size of any lot created is 25ha or
smaller; and
(c)
either—
(i)
the reconfiguration involves
operational work made
assessable under schedule 3,
part 1, table 4, item 1, other
than operational work that is
only the clearing of regulated
regrowth vegetation; or
(ii) on any lot created, additional
accepted operational work,
other than operational work
that is only the clearing of
regulated regrowth vegetation,
may be carried out
[Note: underlined references are to the
Sustainable Planning Regulation]
2
Referral agency
The chief executive
[schedule 7, table 2, item 4]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 170
Working draft only - not government policy
Planning Regulation 2016
Schedule 13
Table 4—Tidal works or development in a coastal management district
Column 1
Column 2
1
Application for reconfiguring a lot, if—
2
Application requiring referral
Referral agency
(a)
the premises is situated completely
or partly within a coastal
management district; or
(b)
the reconfiguration relates to the
construction of a canal
The chief executive
[schedule 7, table 2, item 14]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 5—Removal, destruction or damage of marine plants
Column 1
Column 2
1
Application for reconfiguring a lot, if—
2
Application requiring referral
Referral agency
(a)
the reconfiguration involves
operational work that is the
removal, destruction or damage of a
marine plant; and
(b)
there is no development permit for
the operational work
The chief executive
[sch 7, table 2, item 31]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
Page 171
Working draft only - not government policy
Planning Regulation 2016
Schedule 13
Table 5—Removal, destruction or damage of marine plants
Column 1
Column 2
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 6—Premises contaminated because of unexploded ordnance
Column 1
Column 2
1
Application requiring referral
Application for reconfiguring a lot, if all
or part of the premises is in an area for
which a UXO area management advice
has been given
2
Referral agency
The chief executive
[sch 7, table 2, item 22]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 172
Working draft only - not government policy
Planning Regulation 2016
Schedule 13
Table 7—Premises in a wetland protection area
Column 1
Column 2
1
Application for reconfiguring a lot if—
2
Application requiring referral
Referral agency
(a)
any part of the premises is in a
wetland protection area; and
(b)
the reconfiguration results in more
than 6 lots, or any lot created is less
than 5ha; and
(c)
the reconfiguration involves
operational work, other than work
for a domestic housing activity, that
is high impact earthworks in a
wetland protection area
The chief executive
[sch 7, table 2, item 43A]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 8—SEQ regional plan
Column 1
Column 2
1
Application for reconfiguring a lot to
which division 3 of the State planning
regulatory provisions for the SEQ region
apply
Application requiring referral
[Note: The SPRP will stop having
effect when the new Act commences.
Regulatory provisions from the SPRP
will be transitioned to the regulation.]
2
Referral agency
The chief executive
[sch 7, table 2, item 39]
Page 173
Working draft only - not government policy
Planning Regulation 2016
Schedule 13
Table 8—SEQ regional plan
Column 1
Column 2
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 9—Electricity infrastructure
Column 1
Column 2
1
Application for reconfiguring a lot if—
2
Application requiring referral
Referral agency
(a)
any part of the lot is subject to an
easement in favour of a distribution
entity or transmission entity under
the Electricity Act 1994 and the
easement is for a transmission grid
or supply network; or
(b)
any part of the lot is situated within
100m of a substation site
The chief executive of the distribution
entity or transmission entity under the
Electricity Act 1994
[schedule 7, table 2, item 21]
3
Limitations on referral agency’s powers
Referral agency may give advice only
4
Matters referral agency’s assessment
must be against
The purposes of the Electricity Act 1994
and the Electrical Safety Act 2002
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 174
Working draft only - not government policy
Planning Regulation 2016
Schedule 13
Table 10—Oil and gas infrastructure
Column 1
Column 2
1
Application for reconfiguring a lot if—
Application requiring referral
(a) any part of the lot is subject to an
easement in favour of the holder of a
pipeline licence given under the
Petroleum and Gas (Production and
Safety) Act 2004; and
(b) the easement is for the construction
or operation of the pipeline the
subject of the pipeline licence
2
Referral agency
If the holder of the licence is not an
individual—the chief executive of the
holder
If the holder of the licence is an
individual—the individual
[schedule 7, table 2, item 35]
3
Limitations on referral agency’s powers
Referral agency may give advice only
4
Matters referral agency’s assessment
must be against
The purposes of the Petroleum and Gas
(Production and Safety) Act 2004
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 175
Working draft only - not government policy
Planning Regulation 2016
Schedule 14
Schedule 14
Other development that is
assessable development
sections 18, 21, 24, 29 and 30
Part 1
1
Preliminary
About this schedule
(1)
Parts 2 to 6, division 1 of this schedule state development that
is assessable development.
(2)
The tables in parts 2 to 6, division 2 of this schedule state the
following matters for a development application for
development mentioned in the part—
(3)
(a)
the category of assessment for the application;
(b)
the assessment benchmarks for the application;
(c)
other matters for carrying out [standard/code?]
assessment or [merit/impact?] assessment of the
application.
The tables in parts 2 to 6, division 3 of this schedule state the
referral agencies for particular development applications and
other matters for carrying out referral agency assessment of
the applications.
Note—
See also schedule 15 [Referral agency assessment for particular
prescribed assessable development] for other referral agency assessment
requirements that may apply.
Page 176
Working draft only - not government policy
Planning Regulation 2016
Schedule 14
Part 2
Development for removing
quarry material
Division 1
Assessable development
2
Assessable development [schedule 3, part 1, table 5, item
1]
Development for removing quarry material from a
watercourse or lake is assessable development if an allocation
notice is required under the Water Act 2000 for the removal.
Division 2
Assessment by assessment
manager
Table 1—Development application for removing quarry material
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment, if the chief
executive is the assessment manager
2
Assessment benchmarks
If the chief executive is the assessment
manager—the State development
assessment provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
Page 177
Working draft only - not government policy
Planning Regulation 2016
Schedule 14
Division 3
Referral agency’s assessment
Table 1—Referral agency’s assessment
Column 1
Column 2
1
Application requiring referral
Application for development mentioned
in section 2 if the chief executive is not
the assessment manager for the
application
2
Referral agency
The chief executive
[schedule 7, table 2, item 11]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Part 3
Development on Queensland
heritage place
Division 1
Assessable development
3
Assessable development [schedule 3, part 1, table 5, item
2]
Development on a Queensland heritage place is assessable
development, unless—
(a)
Page 178
an exemption certificate under the Heritage Act has
been given for the development; or
Working draft only - not government policy
Planning Regulation 2016
Schedule 14
(b)
the development is, under section 78 of that Act,
liturgical development; or
(c)
the development is carried out by the State.
Division 2
Assessment by assessment
manager
Table 1—Development application for Queensland heritage place
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment, if the chief
executive is the assessment manager
2
Assessment benchmarks
If the chief executive is the assessment
manager—the State development
assessment provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
Division 3
Referral agency’s assessment
Table 1—Referral agency’s assessment
Column 1
Column 2
1
Application requiring referral
Application for development mentioned
in section 3 if the chief executive is not
the assessment manager for the
application
2
Referral agency
The chief executive
[schedule 7, table 2, item 19]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
Page 179
Working draft only - not government policy
Planning Regulation 2016
Schedule 14
Table 1—Referral agency’s assessment
Column 1
Column 2
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Part 4
Development on local heritage
place
Division 1
Assessable development
4
Assessable development [sch 3, part 1, table 5, item 3]
Development on a local heritage place is assessable
development, unless—
(a)
the development is building work carried out by or on
behalf of the State, a public sector entity or a local
government; or
(b)
the development is carried out by the State on
designated premises; or
(c)
the development is mentioned in schedule 7
[Development local categorising instrument may not
state is assessable development].
Notes—
Page 180
1
For development on a local heritage place on airport land, see also
the Airport Assets Act, section 54.
2
For development on a local heritage place on Brisbane core port
land, see also the Transport Infrastructure Act, section 283ZV.
Working draft only - not government policy
Planning Regulation 2016
Schedule 14
Division 2
Assessment by assessment
manager
Table 1—Development application for local heritage place
Column 1
Column 2
1
[Merit/impact?] assessment, if a local
categorising instrument requires
[merit/impact?] assessment
Category of assessment
Otherwise, [standard/code?] assessment
2
Assessment benchmarks
If the local government is the assessment
manager—the Queensland Heritage
Regulation 2003, schedule 2
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
—
Division 3
Referral agency’s assessment
Table 1—Building work on local heritage place
Column 1
Column 2
1
Application requiring referral
Application for building work to which
section 4 applies if the local government
is not the assessment manager
2
Referral agency
The local government
[schedule 7, table 1, item 13]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The Queensland Heritage Regulation
2003, schedule 2
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 181
Working draft only - not government policy
Planning Regulation 2016
Schedule 14
Part 5
Development on strategic port
land
Division 1
Assessable development
5
Assessable development [sch 3, part 1, table 5, item 6
and sch 3, part 1, table 2, item 3]
Development on strategic port land is assessable development
if—
(a)
the land use plan for the strategic port land states the
development is assessable development; or
(b)
the development is a material change of use of premises
that is inconsistent with the land use plan for the
strategic port land.
Division 2
Assessment by assessment
manager
Table 1—Development application for strategic port land
Column 1
Column 2
1
Category of assessment
[Standard/code?] assessment
2
Assessment benchmarks
If the port authority is the assessment
manager—
(a)
the land use plan for the strategic
port land; and
(b)
the matters stated in a regional plan
for a region to be assessment
benchmarks
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
Not applicable
Page 182
Working draft only - not government policy
Planning Regulation 2016
Schedule 14
Division 3
Referral agency’s assessment
Table 1—Referral agency’s assessment
Column 1
Column 2
1
Application requiring referral
Application for development mentioned
in section 5(b)
2
Referral agency
The Minister under the Transport
Infrastructure Act
[schedule 7, table 2, item 6]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The Transport Infrastructure Act, section
287A
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Part 6
Development on airport land
Division 1
Assessable development
6
Assessable development [sch 3, part 1, table 5, item 7
and sch 3, part 1, table 2, item 3]
Development on airport land is assessable development if—
(a)
the land use plan for the airport land states the
development is assessable development; or
(b)
the development is a material change of use of premises
that is inconsistent with the land use plan for the airport
land.
Page 183
Working draft only - not government policy
Planning Regulation 2016
Schedule 14
Division 2
Assessment by assessment
manager
Table 1—Development application on airport land
Column 1
Column 2
1
For a material change of use that is
inconsistent with the land use
plan—[standard/code?] assessment,
unless the land use plan requires
[merit/impact?] assessment
Category of assessment
For all other development—
(a)
[merit/impact?] assessment if the
land use plan requires
[merit/impact?] assessment; or
(b)
otherwise—[standard/code?]
assessment
2
Assessment benchmarks
The State development assessment
provisions
3
Matters [standard/code?] assessment
must have regard to
—
4
Matters [merit/impact?] assessment
must have regard to
—
Division 3
Referral agency’s assessment
Table 1—Referral agency’s assessment
Column 1
Column 2
1
Application requiring referral
Application for development mentioned
in section 6 if the chief executive is the
assessment manager for the application
2
Referral agency
The local government
[Airport Assets Act, section 50]
3
Limitations on referral agency’s powers
Page 184
Referral agency may give advice only
Working draft only - not government policy
Planning Regulation 2016
Schedule 14
Table 1—Referral agency’s assessment
Column 1
Column 2
4
Matters referral agency’s assessment
must be against
The impacts of the proposed
development, identified by the local
government, on land in its local
government area, other than airport land
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 185
Working draft only - not government policy
Planning Regulation 2016
Schedule 15
Referral agency assessment for
particular prescribed
assessable development
sections 21 and 24
Part 1
Material change of use of
premises
Table 1—Material change of use of premises involving removal, destruction
or damage of marine plants
Column 1
Column 2
1
Application for a material change of use
of premises if—
Application requiring referral
(a) the material change of use involves
operational work that is the removal,
destruction or damage of a marine
plant; and
(b) there is no development permit for
the operational work
2
Referral agency
The chief executive
[schedule 7, table 2, item 32]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 186
Working draft only - not government policy
Planning Regulation 2016
Schedule 15
Part 2
Operational work
Table 1—Operational work relating to State-controlled roads
Column 1
Column 2
1
Application for operational work, other
than operational work associated with a
material change of use mentioned in
schedule 7, table 3, item 1, operational
work associated with reconfiguring a lot
mentioned in schedule 7, table 2, item 2,
or work for government supported
transport infrastructure, if—
Application requiring referral
(a) any part of the premises—
(i) is within 25m of a
State-controlled road; or
(ii) is future State-controlled road;
and
(b) the work—
(i) is associated with access to the
State-controlled road or future
State-controlled road; or
(ii) involves extracting, excavating
or filling more than 50m3; or
(iii) involves the redirection or
intensification of site
stormwater from the premises,
through a pipe with a
cross-sectional area greater than
625cm2, to a State-controlled
road or future State-controlled
road
[Note: Underlined references are to the
Sustainable Planning Regulation].
2
Referral agency
The chief executive
[schedule 7, table 2, item 3]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
Page 187
Working draft only - not government policy
Planning Regulation 2016
Schedule 15
Table 1—Operational work relating to State-controlled roads
Column 1
Column 2
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Part 3
Other development
Table 1—Development within limits of a port
Column 1
Column 2
1
Application requiring referral
Application for development on land
below high-water mark and within the
limits of a port under the Transport
Infrastructure Act
2
Referral agency
The chief executive of the port authority
for the land
[schedule 7, table 2, items 16 and 17]
3
Limitations on referral agency’s powers
If the development complies with all of
the following, the referral agency may
give advice only—
(a) the development is carried out at a
distance of at least 200m from a
shipping channel or an entry and exit
shipping corridor for the port;
(b) the development is carried out at a
distance of at least 100m from a
swing basin, a commercial shipping
wharf, a mooring, anchorage or spoil
grounds;
(c) the development is carried out at a
distance of at least 1000m from a
planned port facility identified in a
land use plan for strategic port land
4
Matters referral agency’s assessment
must be against
Page 188
Port authority functions under the
Transport Infrastructure Act, chapter 8,
part 3
Working draft only - not government policy
Planning Regulation 2016
Schedule 15
Table 1—Development within limits of a port
Column 1
Column 2
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 189
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Schedule 16
Referral agency assessment for
assessable development under
a local categorising instrument
sections 21 and 25
Part 1
1
Preliminary
About this schedule
(1)
This schedule applies to a development application for
development categorised as assessable development under a
local categorising instrument.
(2)
The tables in parts 2 to 4 of this schedule state the referral
agencies for a development application mentioned in the
tables and other matters for carrying out referral agency
assessment of the application.
Page 190
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Part 2
Material change of use of
premises
Table 1—State transport infrastructure
Column 1
Column 2
1
Application for a material change of use
of premises if any part of the premises—
Application requiring referral
(a) is within 25m of—
(i) a State-controlled road; or
(ii) a public passenger transport
corridor; or
(iii) a railway or future railway land;
or
(b) is future State-controlled road; or
(c) adjoins a road that intersects with a
State-controlled road within 100m of
the premises; or
(d) is future public passenger transport
corridor; or
(e) is future railway land; or
(f) is a State-controlled transport tunnel;
or
(g) is a future State-controlled transport
tunnel; or
(h) is within 50m of a State-controlled
transport tunnel or future
State-controlled transport tunnel
2
Referral agency
The chief executive
[schedule 7, table 3, items 1, 14, 15A
and 15C]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
Page 191
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Table 1—State transport infrastructure
Column 1
Column 2
7
—
Matters referral agency’s assessment
may have regard to
Table 2—Coastal management districts
Column 1
Column 2
1
Application for a material change of use
of premises, if carrying out the change of
use will involve—
Application requiring referral
(a) operational work, other than
excluded work, carried out
completely or partly in a coastal
management district; or
(b) building work, carried out
completely or partly in a coastal
management district, that is—
(i) the construction of new
premises with a gross floor area
of at least 1000m2; or
(ii) the enlargement of the gross
floor area of existing premises
by more than 1000m2
2
Referral agency
The chief executive
[schedule 7, table 3, item 5]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 192
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Table 3—Electricity infrastructure
Column 1
Column 2
1
Application for a material change of use
of premises, if the material change of use
is not associated with reconfiguring a lot
and any part of the premises—
Application requiring referral
(a) is within 100m of a substation site;
or
(b) is subject to an easement in favour of
a distribution entity or transmission
entity under the Electricity Act 1994
and both of the following apply—
(i) the easement is for a
transmission grid or supply
network; and
(ii) any structure or work that is the
natural and ordinary
consequence of the use is, or
will be, located completely or
partly in the easement
2
Referral agency
The chief executive of the distribution
entity or transmission entity
[schedule 7, table 3, items 7 and 8]
3
Limitations on referral agency’s powers
Referral agency may give advice only
4
Matters referral agency’s assessment
must be against
The purposes of the Electricity Act 1994
and the Electrical Safety Act 2002
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 193
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Table 4—Clearing vegetation
Column 1
Column 2
1
Application for a material change of use
of a lot that is 5ha or larger if—
Application requiring referral
(a) the application includes a variation
request and the lot contains native
vegetation shown on the regulated
vegetation management map as a
category A area or category B area;
or
(b) all of the following apply—
(i) the application involves
clearing, other than prescribed
clearing;
(ii) additional accepted operational
work may be carried out
because of the material change
of use or the development
involves operational work made
assessable under schedule 3,
part 1, table 4, item 1;
(iii) the additional accepted
operational work or assessable
operational work includes
development other than the
clearing of regulated regrowth
vegetation on freehold land,
indigenous land or land the
subject of a lease given under
the Land Act for agriculture or
grazing purposes
[Note: Underlined references are to the
Sustainable Planning Regulation]
2
Referral agency
The chief executive
[schedule 7, table 3, item 10]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 194
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Table 5—Premises contaminated because of unexploded ordnance
Column 1
Column 2
1
Application requiring referral
Application for a material change of use
of premises if all or part of the premises
is in an area for which a UXO area
management advice has been given
2
Referral agency
The chief executive
[schedule 7, table 3, item 11]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 6—SEQ regional plan
Column 1
Column 2
1
Application for a material change of use
of premises to which division 2 of the
State planning regulatory provisions for
the SEQ region apply
Application requiring referral
[Note: The SPRP will stop having
effect when the new Act commences.
Regulatory provisions from the SPRP
will be transitioned to the regulation.]
2
Referral agency
The chief executive
[schedule 7, table 3, item 12]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
Page 195
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Table 6—SEQ regional plan
Column 1
Column 2
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 7—Oil and gas infrastructure
Column 1
Column 2
1
Application for a material change of use
of premises not associated with
reconfiguring a lot if—
Application requiring referral
(a) any part of the lot is subject to an
easement in favour of the holder of a
pipeline licence given under the
Petroleum and Gas (Production and
Safety) Act 2004; and
(b) the easement is for the construction
or operation of the pipeline the
subject of the pipeline licence; and
(c) a structure or work that is the natural
and ordinary consequence of the use
is, or will be, located completely or
partly in the easement
2
Referral agency
If the holder of the licence is not an
individual—the chief executive of the
holder
If the holder of the licence is an
individual—the holder
[schedule 7, table 3, item 12]
3
Limitations on referral agency’s powers
Referral agency may give advice only
4
Matters referral agency’s assessment
must be against
The purposes of the Petroleum and Gas
(Production and Safety) Act 2004
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 196
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Table 8—Premises in or near a wetland
Column 1
Column 2
1
Application for a material change of use
of premises, other than a material change
of use relating to a domestic housing
activity, government supported transport
infrastructure or electricity operating
works, if—
Application requiring referral
(a) any part of the premises is situated in
a wetland protection area; and
(b) the material change of use involves
operational work that is high impact
earthworks in a wetland protection
area
2
Referral agency
The chief executive
[schedule 7, table 3, item 21A]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 9—Removal, destruction or damage of marine plants
Column 1
Column 2
1
Application for a material change of use
of premises, if—
Application requiring referral
(a) the material change of use involves
operational work that is the removal,
destruction or damage of marine
plants; and
(b) there is no development permit in
effect for the operational work
2
Referral agency
The chief executive
[schedule 7, table 3, item 25]
Page 197
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Table 9—Removal, destruction or damage of marine plants
Column 1
Column 2
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 198
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Part 3
Operational work
Table 1—State-controlled road
Column 1
Column 2
1
Application for operational work, other
than work associated with a material
change of use mentioned in schedule 7,
table 3, item 1, operational work
associated with reconfiguring a lot
mentioned in schedule 7, table 2, item 2,
or work for government supported
transport infrastructure, if—
Application requiring referral
(a) any part of the premises—
(i) is within 25m of a
State-controlled road; or
(ii) is future State-controlled road;
and
(b) the work—
(i) is associated with access to the
State-controlled road or future
State-controlled road; or
(ii) involves extracting, excavating
or filling more than 50m3; or
(iii) involves the redirection or
intensification of site
stormwater from the premises,
through a pipe with a
cross-sectional area greater than
625cm2, to a State-controlled
road or future State-controlled
road
[Note: Underlined references are to the
Sustainable Planning Regulation]
2
Referral agency
The chief executive
[schedule 7, table 3, item 1A]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
Page 199
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Table 1—State-controlled road
Column 1
Column 2
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 200
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Table 2—Other transport infrastructure
Column 1
Column 2
1
Application for operational work—
Application requiring referral
(a) that involves extracting, excavating
or filling more than 50m3, other than
operational work associated with a
material change of use of premises,
reconfiguring a lot mentioned in
schedule 7, table 2, item 33 or
government supported transport
infrastructure, if any part of the
premises is—
(i) within 25m of a public
passenger transport corridor; or
(ii) future public passenger
transport corridor; or
(b) that involves extracting, excavating
or filling more than 50m3, other than
work associated with a material
change of use mentioned in schedule
7, table 3, item 15A(a),
reconfiguring a lot mentioned in
schedule 7, table 2, item 34, or
government supported transport
infrastructure, if the premises is—
(i) within 25m of a railway or
future railway land; or
(ii) future railway land; or
(c) that is not associated with a material
change of use of premises or
reconfiguring a lot mentioned in
schedule 7, table 2, item 34A, and
the premises is—
(i) a State-controlled transport
tunnel; or
(ii) a future State-controlled
transport tunnel; or
(iii) within 50m of a State-controlled
transport tunnel or future
State-controlled transport tunnel
[Note: Underlined references are to the
Sustainable Planning Regulation]
Page 201
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Table 2—Other transport infrastructure
Column 1
Column 2
2
The chief executive
Referral agency
[schedule 7, table 3, items 14, 15B and
15C]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 3—Oil and gas infrastructure
Column 1
Column 2
1
Application for operational work that is
filling, excavation, compaction, drilling,
boring or piling, not associated with
reconfiguring a lot, if—
Application requiring referral
(a) any part of the premises is subject to
an easement in favour of the holder
of a pipeline licence given under the
Petroleum and Gas (Production and
Safety) Act 2004; and
(b) the work is located completely or
partly in the easement
2
Referral agency
If the holder of the licence is not an
individual—the chief executive of the
holder
If the holder of the licence is an
individual—the holder
[schedule 7, table 3, item 17]
3
Limitations on referral agency’s powers
Referral agency may give advice only
4
Matters referral agency’s assessment
must be against
The purposes of the Petroleum and Gas
(Production and Safety) Act 2004
Page 202
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Table 3—Oil and gas infrastructure
Column 1
Column 2
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 4—Electricity infrastructure
Column 1
Column 2
1
Application for operational work that is
filling or excavation, not associated with
reconfiguring a lot, if—
Application requiring referral
(a) any part of the premises is subject to
an easement in favour of a
distribution entity or transmission
entity under the Electricity Act 1994
and the work is located completely
or partly in the easement; or
(b) the work is located completely or
partly within 10m of a substation site
2
Referral agency
The chief executive of the distribution
entity or transmission entity
[schedule 7, table 3, item 9]
3
Limitations on referral agency’s powers
Referral agency may give advice only
4
Matters referral agency’s assessment
must be against
The purposes under the Electricity Act
1994 and the Electrical Safety Act 2002
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 203
Working draft only - not government policy
Planning Regulation 2016
Schedule 16
Part 4
Other assessable development
Table 1—Development impacting on State transport infrastructure
Column 1
Column 2
1
Application for an aspect of development
identified in schedule 28 [Development
impacting on State transport
infrastructure and thresholds] that—
Application requiring referral
(a) is for a purpose mentioned in
schedule 28 [Development
impacting on State transport
infrastructure and thresholds],
column 1; and
(b) meets or exceeds the threshold—
(i) for development in LGA
population 1—mentioned in
schedule 28 [Development
impacting on State transport
infrastructure and thresholds],
column 2 for the purpose; or
(ii) for development in LGA
population 2—mentioned in
schedule 28 [Development
impacting on State transport
infrastructure and thresholds],
column 3 for the purpose.
However, if the development is for a
combination of purposes mentioned in
the same item of schedule 28
[Development impacting on State
transport infrastructure and thresholds],
the threshold is for the combination of
purposes and not for each purpose
individually.
2
Referral agency
The chief executive
[schedule 7, table 3, item 2]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
The State development assessment
provisions
5
Matters referral agency’s assessment
must have regard to
—
Page 204
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Planning Regulation 2016
Schedule 16
Table 1—Development impacting on State transport infrastructure
Column 1
Column 2
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 2—Designated premises
Column 1
Column 2
1
Application for development on
designated premises if—
Application requiring referral
(a) the infrastructure is intended to be
supplied by a public sector entity;
and
(b) the premises is not owned by, or on
behalf of, the State; and
(c) the development is for a purpose
other than the designated purpose;
and
(d) the development will not be carried
out by, or on behalf of, the State.
2
Referral agency
The chief executive
[schedule 7, table 3, item 6]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
—
5
Matters referral agency’s assessment
must have regard to
The designation
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 205
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Planning Regulation 2016
Schedule 17
Schedule 17
Referral agency assessment for
development at Port of
Brisbane
sections 27 and 28
Part 1
1
Preliminary
About this schedule
(1)
Part 2 of this schedule applies to a development application
for development on Brisbane core port land if the Brisbane
port LUP categorises the development as assessable
development.
(2)
Part 3 of this schedule applies to a development application
for development below high-water mark and within the Port
of Brisbane’s port limits under the Transport Infrastructure
Act.
(3)
The tables in parts 2 and 3 of this schedule state the referral
agencies for particular development applications to which the
parts apply and other matters for carrying out referral agency
assessment of the applications.
Page 206
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Planning Regulation 2016
Schedule 17
Part 2
Assessable development under
Brisbane port LUP
Table 1—Material change of use if chief executive is assessment manager
Column 1
Column 2
1
Application mentioned in section 1(1)
if—
Application requiring referral
(a) the application is for a material
change of use of premises; and
(b) the chief executive is the assessment
manager for the application
2
Referral agency
The Brisbane City Council
[TIA, s 283ZQ]
3
Limitations on referral agency’s powers
Referral agency may give advice only
4
Matters referral agency’s assessment
must be against
The material impacts of the proposed
development, identified by the council,
on land in its local government area,
other than Brisbane core port land
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Page 207
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Planning Regulation 2016
Schedule 17
Table 2—Operational work relating to State transport infrastructure
Column 1
Column 2
1
Application mentioned in section 1(1) if
the application is for operational work
that—
Application requiring referral
(a) is associated with access to a
State-controlled road; or
(b) is for filling or excavation on any
part of the premises that is—
(i) within 100m of a
State-controlled road; or
(ii) future State-controlled road; or
(c) involves the redirection or
intensification of site stormwater
from premises mentioned in
paragraph (b)(i) or (ii) through a pipe
with a cross-sectional area greater
than 625cm2 that directs stormwater
to a State-controlled road; or
(d) is completely or partly within a
public passenger transport corridor
or future public passenger transport
corridor; or
(e) is completely or partly within, or
within 25m of, Brisbane port railway
land if the work involves extracting,
excavating or filling more than 50m3
2
Referral agency
The chief executive responsible for
administering the Transport
Infrastructure Act
[TIA, s 283ZT]
3
Limitations on referral agency’s powers
Page 208
—
Working draft only - not government policy
Planning Regulation 2016
Schedule 17
Table 2—Operational work relating to State transport infrastructure
Column 1
Column 2
4
If the application is mentioned in item 1,
column 2, paragraph (a), (b) or (c)—the
purpose mentioned in the Transport
Infrastructure Act, section 49A(2)
Matters referral agency’s assessment
must be against
If the application is mentioned in item 1,
column 2, paragraph (d)—land use and
transport coordination under the
Transport Planning and Coordination
Act 1994
If the application is mentioned in item 1,
column 2, paragraph (e)—the purpose
mentioned in the Transport Infrastructure
Act, section 258(2)
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 3—Material change of use on premises for or near State transport
infrastructure
Column 1
Column 2
1
Application mentioned in section 1(1) if
the application is for a material change of
use of premises and—
Application requiring referral
(a) any part of the premises—
(i) is within 100m of a
State-controlled road; or
(ii) is future State-controlled road;
or
(b) the premises is completely or partly
within a future public passenger
transport corridor or public
passenger transport corridor; or
(c) the premises is completely or partly
within Brisbane port railway land
Page 209
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Planning Regulation 2016
Schedule 17
Table 3—Material change of use on premises for or near State transport
infrastructure
Column 1
Column 2
2
The chief executive responsible for
administering the Transport
Infrastructure Act
Referral agency
[TIA, s 283ZT]
3
Limitations on referral agency’s powers
—
4
Matters referral agency’s assessment
must be against
If the application is mentioned in item 1,
column 2, paragraph (a)—the purpose
mentioned in the Transport Infrastructure
Act, section 49A(2)
If the application is mentioned in item 1,
column 2, paragraph (b) or (c)—land use
and transport coordination under the
Transport Planning and Coordination
Act 1994
If the application is mentioned in item 1,
column 2, paragraph (d) or (e)—the
purpose mentioned in the Transport
Infrastructure Act, section 258(2)
5
Matters referral agency’s assessment
must have regard to
—
6
Matters referral agency’s assessment
may be against
—
7
Matters referral agency’s assessment
may have regard to
—
Table 4—Development inconsistent with Brisbane port LUP for transport
reasons
Column 1
Column 2
1 Application requiring referral
Application mentioned in section 1(1) if
the application is for development that is
inconsistent with the Brisbane port LUP
for transport reasons
2 Referral agency
The Minister responsible for
administering the Transport
Infrastructure Act
[TIA, s 283ZR]
3 Limitations on referral agency’s powers
Page 210
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Planning Regulation 2016
Schedule 17
Table 4—Development inconsistent with Brisbane port LUP for transport
reasons
Column 1
Column 2
4 Matters referral agency’s assessment must
be against
The transport reasons
5 Matters referral agency’s assessment must
have regard to
—
6 Matters referral agency’s assessment may
be against
—
7 Matters referral agency’s assessment may
have regard to
—
Table 5—Particular building work
Column 1
Column 2
1 Application requiring referral
Application mentioned in section 1(1)
if—
(a) the application is for building work on
Brisbane core port land; and
(b) the premises the subject of the
application is completely or partly
within, or within 25m of, Brisbane port
railway land
2 Referral agency
The chief executive responsible for
administering the Transport
Infrastructure Act
[TIA, s 283ZS]
3 Limitations on referral agency’s powers
—
4 Matters referral agency’s assessment must
be against
The purpose mentioned in the Transport
Infrastructure Act, section 258(2)
5 Matters referral agency’s assessment must
have regard to
—
6 Matters referral agency’s assessment may
be against
—
7 Matters referral agency’s assessment may
have regard to
—
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Planning Regulation 2016
Schedule 17
Table 6—Material change of use for an environmentally relevant activity
Column 1
Column 2
1 Application requiring referral
Application mentioned in section 1(1) if
the application is for a material change of
use of premises for an environmentally
relevant activity that is prescribed
assessable development
2 Referral agency
The administering authority under the
Environmental Protection Act
[TIA, s 283ZU]
3 Limitations on referral agency’s powers
—
4 Matters referral agency’s assessment must
be against
The purposes of the Environmental
Protection Act
5 Matters referral agency’s assessment must
have regard to
—
6 Matters referral agency’s assessment may
be against
—
7 Matters referral agency’s assessment may
have regard to
—
Table 7—Material change of use or operational work for tidal works or in a
coastal management district
Column 1
Column 2
1 Application requiring referral
Application mentioned in section 1(1)
if—
(a) the application is for a material
change of use of premises or operational
work; and
(b) the application is also for—
2 Referral agency
(i)
tidal works; or
(ii)
operational work completely or
partly in a coastal management
district that is prescribed assessable
development
The chief executive responsible for
administering the Coastal Management
Act
[TIA, s 283ZW]
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Schedule 17
Table 7—Material change of use or operational work for tidal works or in a
coastal management district
Column 1
Column 2
3 Limitations on referral agency’s powers
—
4 Matters referral agency’s assessment must
be against
—
5 Matters referral agency’s assessment must
have regard to
—
6 Matters referral agency’s assessment may
be against
—
7 Matters referral agency’s assessment may
have regard to
—
Table 8—Material change of use for a major hazard facility
Column 1
Column 2
1 Application requiring referral
Application mentioned in section 1(1) if
the application is for a material change of
use of premises for a major hazard
facility or proposed major hazard facility
2 Referral agency
The regulator under the Work Health and
Safety Act 2011
[TIA, s 283ZX(2)]
3 Limitations on referral agency’s powers
—
4 Matters referral agency’s assessment must
be against
—
5 Matters referral agency’s assessment must
have regard to
—
6 Matters referral agency’s assessment may
be against
—
7 Matters referral agency’s assessment may
have regard to
—
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Planning Regulation 2016
Schedule 17
Table 9—Operational work for taking or interfering with water
Column 1
Column 2
1 Application requiring referral
Application mentioned in section 1(1) if
the application is for operational work
mentioned in schedule 12 [Operational
work that is assessable development],
section 4 [Assessable development
[schedule 3, part 1, table 4, item 3]]
2 Referral agency
The chief executive administering the
Water Act 2000
[TIA, s 283ZX(3)]
3 Limitations on referral agency’s powers
—
4 Matters referral agency’s assessment must
be against
—
5 Matters referral agency’s assessment must
have regard to
—
6 Matters referral agency’s assessment may
be against
—
7 Matters referral agency’s assessment may
have regard to
—
Table 10—Operational work for particular dams
Column 1
Column 2
1 Application requiring referral
Application mentioned in section 1(1) if
the application is for operational work
mentioned in schedule 12 [Operational
work that is assessable development],
section 5 [Assessable development
[schedule 3, part 1, table 4, item 4]]
2 Referral agency
The chief executive administering the
Water Supply Act
[TIA, s 283ZX(4)]
3 Limitations on referral agency’s powers
—
4 Matters referral agency’s assessment must
be against
—
5 Matters referral agency’s assessment must
have regard to
—
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Schedule 17
Table 10—Operational work for particular dams
Column 1
Column 2
6 Matters referral agency’s assessment may
be against
—
7 Matters referral agency’s assessment may
have regard to
—
Table 11—Material change of use or operational work relating to fisheries
Column 1
Column 2
1 Application requiring referral
Application mentioned in section 1(1) if
the application is for—
2 Referral agency
(a)
a material change of use of
premises mentioned in schedule 11
[Material change of use that is
assessable development], section 5
[Assessable development [schedule
3, part 1, table 2, item 10]]; or
(b)
operational work mentioned in
schedule 12 [Operational work that
is assessable development], section
7 [Assessable development
[schedule 3, part 1, table 4, items 6,
7 and 8]]; or
(c)
a material change of use of
premises that involves operational
work that is the removal,
destruction or damage of a marine
plant if there is no development
permit for the operational work
The chief executive administering the
Fisheries Act
[TIA, s 283ZX(5)]
3 Limitations on referral agency’s powers
—
4 Matters referral agency’s assessment must
be against
—
5 Matters referral agency’s assessment must
have regard to
—
6 Matters referral agency’s assessment may
be against
—
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Planning Regulation 2016
Schedule 17
Table 11—Material change of use or operational work relating to fisheries
Column 1
Column 2
7 Matters referral agency’s assessment may
have regard to
—
Part 3
Development below high-water
mark and within Port of
Brisbane’s port limits
Table 1—Development below high-water mark and within port limits
generally
Column 1
Column 2
1 Application requiring referral
Application mentioned in section 1(2)
2 Referral agency
The chief executive responsible for
administering the Transport Operations
(Marine Safety) Act 1994
[TIA, s 283ZY(1)]
3 Limitations on referral agency’s powers
—
4 Matters referral agency’s assessment must
be against
The purposes of the Transport
Operations (Marine Safety) Act 1994
5 Matters referral agency’s assessment must
have regard to
—
6 Matters referral agency’s assessment may
be against
—
7 Matters referral agency’s assessment may
have regard to
—
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Planning Regulation 2016
Schedule 17
Table 2—Development below high-water mark and within port limits if
applicant is not port operator
Column 1
Column 2
1 Application requiring referral
Application mentioned in section 1(2) if
the port operator is not the applicant
2 Referral agency
The port operator
[TIA, s 283ZY(3)]
3 Limitations on referral agency’s powers
Referral agency may give advice only
4 Matters referral agency’s assessment must
be against
The safety and operational integrity of
the port
5 Matters referral agency’s assessment must
have regard to
—
6 Matters referral agency’s assessment may
be against
—
7 Matters referral agency’s assessment may
have regard to
—
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Planning Regulation 2016
Schedule 18
Schedule 18
[Standard/Code?] assessment
generally
section 29
Part 1
1
Assessment benchmarks
Assessment benchmarks if local government is
assessment manager
If a local government is the assessment manager for a
development application for assessable development requiring
[standard/code?] assessment, the assessment benchmarks for
the development are—
(a)
the matters stated in the State Planning Policy, part E to
be assessment benchmarks, unless—
(i)
the State Planning Policy is identified in the
planning scheme as being appropriately reflected
in the planning scheme; or
(ii) the development application is for building work
assessable against the building assessment
provisions; and
Note—
See also schedule 10 [Building work that is assessable
development], part 2 [Building work under Building Act].
(b)
the matters stated in a regional plan for a region to be
assessment benchmarks, unless—
(i)
the regional plan is identified in the planning
scheme as being appropriately reflected in the
planning scheme; or
(ii) the development application is for building work
assessable against the building assessment
provisions; and
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Planning Regulation 2016
Schedule 18
(c)
2
if the local government is an
provider—the local government’s LGIP.
infrastructure
Assessment benchmarks if chief executive is
assessment manager for development application
relating to Brisbane core port land
If the chief executive is the assessment manager for a
development application for assessable development that is
completely or partly on Brisbane core port land and requires
[standard/code?] assessment, the Brisbane port LUP is an
assessment benchmark for the development.
Part 2
3
Matters to have regard to
Matters [standard/code?] assessment must have regard
to
For a development application for assessable development
requiring [standard/code?] assessment, the [standard/code?]
assessment must be carried out having regard—
(a)
if the assessment manager is the chief executive—the
regional plan for a region, unless the regional plan is
identified in the planning scheme as being appropriately
reflected in the planning scheme; and
(b)
the State Planning Policy, part C; and
(c)
the common material; and
(d)
any development approval for, and any lawful use of,
premises the subject of the application or adjacent
premises.
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Planning Regulation 2016
Schedule 19
Schedule 19
[Merit/Impact?] assessment
generally
section 30
Part 1
1
Assessment benchmarks
Assessment benchmarks if local government is
assessment manager
If the local government is the assessment manager for a
development application for assessable development requiring
[merit/impact?] assessment, the assessment benchmarks for
the development are—
Page 220
(a)
the matters stated in the State Planning Policy, part E to
be assessment benchmarks, unless the State Planning
Policy is identified in the planning scheme as being
appropriately reflected in the planning scheme; and
(b)
the matters stated in the regional plan for a region to be
assessment benchmarks, unless the regional plan is
identified in the planning scheme as being appropriately
reflected in the planning scheme; and
(c)
if the development is not in a local government
area—any local categorising instrument for a local
government area that may be materially affected by the
development; and
(d)
if the local government is an
provider—the local government’s LGIP.
infrastructure
Working draft only - not government policy
Planning Regulation 2016
Schedule 19
2
Assessment benchmarks if chief executive is
assessment manager for development application
relating to Brisbane core port land
If the chief executive is the assessment manager for a
development application for assessable development that is
completely or partly on Brisbane core port land and requires
[merit/impact?] assessment, the Brisbane port LUP is an
assessment benchmark for the development.
Part 2
3
Matters to have regard to
Matters [merit/impact?] assessment must have regard to
For a development application for assessable development
requiring [merit/impact?] assessment, the [merit/impact?]
assessment must be carried out having regard to—
(a)
the State Planning Policy, part C; and
(b)
the common material; and
(c)
any development approval for, and any lawful use of,
premises the subject of the application or adjacent
premises; and
(d)
the regional plan for a region, unless the regional plan is
identified in the planning scheme as being appropriately
reflected in the planning scheme.
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Planning Regulation 2016
Schedule 20
Schedule 20
Particular reconfiguring a lot
requiring [standard/code?]
assessment
section 29 and schedule 13 [Reconfiguring a lot that is assessable
development], part 2, division 2
1
Application of sch 20
(1)
(2)
This schedule applies to the reconfiguring of a lot if—
(a)
the reconfiguration is the subdivision of 1 lot (the
original lot) into 2 lots on premises in an industrial zone
or residential zone (other than a park residential zone or
rural residential zone); and
(b)
the original lot is not a rear lot; and
(c)
the size of each lot created is consistent with the
minimum lot size for the relevant zone stated in a local
instrument; and
(d)
the reconfiguration is consistent with the purpose
statement for the relevant zone stated in a local
instrument.
However, this schedule does not apply if—
(a)
the premises, or any part of the premises, is included in
any of the following areas under a local instrument—
(i)
a flood hazard area;
(ii) a bushfire hazard area;
(iii) a landslide hazard area;
(iv) a coastal hazard area; or
(b)
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an overlay in a local instrument applies to the premises,
or any part of the premises.
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Planning Regulation 2016
Schedule 20
2
Definitions for sch 20
In this schedule—
industrial zone means premises, however described,
designated in a local categorising instrument as industrial.
relevant zone means the zone applying to premises under a
local instrument.
3
References to local instrument
In this schedule, a reference to a local instrument is a
reference to a local instrument applying to the premises.
4
Assessment benchmarks
The following matters are the assessment benchmarks for
reconfiguring a lot to which this schedule applies—
(a)
the frontage of each created lot complies with the
minimum frontage requirements for the relevant zone
stated in a local instrument;
(b)
the building envelope of each created lot complies with
the building envelope requirements for the relevant zone
stated in a local instrument;
(c)
the reconfiguration involves the creation of a rear lot
only if the local instrument states that a rear lot is
consistent with the relevant zone;
(d)
the number of lots, including rear lots, adjoining each
created lot complies with the maximum number of
adjoining lots for the relevant zone stated in a local
instrument;
(e)
if the reconfiguration creates a rear lot—
(i)
an access strip for the rear lot does not adjoin the
access strip of more than 1 other rear lot; and
(ii) no more than 2 rear lots are accessed from the head
of a single cul-de-sac;
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Planning Regulation 2016
Schedule 20
(f)
if a local instrument states minimum setback distances
for the relevant zone—the distance of an existing
building or structure from a boundary of a created lot
complies with the minimum setback distances stated in
the local instrument;
(g)
if the reconfiguration is in a residential zone and a local
instrument does not state minimum setback distances
for the zone—the distance of an existing building or
structure from a boundary of a created lot complies with
the minimum setback distances stated in the QDC, parts
1.1 to 1.3;
(h)
a new building or structure on the premises will be able
to—
(i)
comply with the QDC, part 1.4; and
(ii) be located outside of an existing or planned
infrastructure easement;
(i)
each created lot has access to the existing road network
through 1 of the following—
(i)
direct road frontage;
(ii) an access strip;
(iii) an access easement, if a local instrument states that
an access easement is consistent with the relevant
zone;
(j)
access from each created lot to the existing road network
is—
(i)
lawful, safe and practical; and
(ii) designed and constructed in accordance with
requirements for the relevant zone stated in a local
instrument, including requirements about width,
length or gradient;
(k)
Page 224
if a local instrument does not state a minimum width
requirement for an access strip or access easement in the
relevant zone—an access strip or access easement has a
minimum width of—
Working draft only - not government policy
Planning Regulation 2016
Schedule 20
(i)
for reconfiguring a lot in a residential zone—5m;
or
(ii) for reconfiguring a lot in an industrial zone—8m;
(l)
if a local instrument does not state a maximum length
requirement for an access strip or access easement in the
relevant zone—an access strip or access easement has a
maximum length of 50m;
(m) if the premises is in a reticulated water area—each
created lot is connected to the reticulated water supply
system;
(n)
if the premises is not in a reticulated water area—each
created lot has an alternative potable water supply
source that complies with the minimum storage capacity
requirements for the relevant zone stated in a local
instrument;
(o)
if the premises is in an area with a sewerage
service—each created lot is connected to the sewerage
service;
(p)
if the premises is not in an area with a sewerage
service—each created lot has an effluent treatment and
disposal system designed and constructed in accordance
with the requirements for the system stated in a local
instrument;
(q)
each lot is connected to a supply network and
telecommunication network, if required under a local
instrument;
(r)
any other infrastructure necessary to service the lots will
be provided, designed and constructed in accordance
with the requirements for the infrastructure stated in a
local instrument;
(s)
the release of sediment from the premises, including
from erosion and sediment-laden storm water runoff—
(i)
is minimised during and after construction; and
(ii) complies with the requirements for sediment
release stated in a local instrument;
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Planning Regulation 2016
Schedule 20
(t)
filling and excavation on the premises—
(i)
does not cause a vertical change to the natural
ground level of more than 1 metre; and
(ii) does not result in ponding on the premises or
adjoining land; and
(iii) complies with the requirements for the work stated
in a local instrument.
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Planning Regulation 2016
Schedule 21
Schedule 21
Requirements for cropping
involving forestry for wood
production
schedule 7 [Development local categorising instrument may not
state is assessable development], sections 2 and 17
Part 1
1
Requirements
Requirements for material change of use or operational
work
(1)
A local categorising instrument may not state that a material
change of use of premises for cropping involving forestry for
wood production, or operational work that is harvesting trees
for wood production, is assessable development in a rural
zone if it complies with the following requirements—
(a)
the development is at a distance of at least the separation
distance mentioned in part 2, table 1, column 2 from a
structure or thing mentioned in part 2, table 1, column 1
opposite the separation distance;
(b)
seedlings within the separation distance mentioned in
paragraph (a) are removed if the seedlings are the same
species as the trees to be harvested;
(c)
for land with a slope greater than 10% but less than
25%—the development uses only mechanical strip
cultivation on the contour, spot cultivation or manual
cultivation;
(d)
for land with a slope of 25% or more—the development
uses only spot cultivation or manual cultivation;
(e)
the construction, operation or maintenance of a track or
road for the development does not adversely affect—
(i)
a natural drainage feature on the land; or
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Planning Regulation 2016
Schedule 21
(ii) land that is subject to erosion or landslide;
(f)
a track or road for the development—
(i)
is appropriately drained; and
(ii) has a stable surface;
(g)
drainage structures for a track or road for the
development are regularly maintained;
(h)
drainage water from a track or road for the development
is directed away from exposed soils, and onto
undisturbed ground or other areas with a stable surface;
(i)
if the development is on premises of less than 40ha—a
fire break that is at least 7m in width, measured from the
base of the outermost trees to be harvested, is
established and maintained between the forest for wood
production and any infrastructure or adjoining land;
(j)
if the development is on premises of at least 40ha, but
less than 100ha—a fire break that is at least 10m in
width, measured from the base of the outermost tree to
be harvested, is established and maintained between the
forest for wood production and any infrastructure or
adjoining land;
(k)
if the development is on premises of 100ha or more—
(i)
a fire break that is at least 20m in width, measured
from the base of the outermost tree to be harvested,
is established and maintained between the forest
for wood production and any infrastructure or
adjoining land; or
(ii) both of the following things are established and
maintained between the forest for wood production
and any infrastructure or adjoining land—
Page 228
(A)
a fire break that is at least 10m in width,
measured from the base of the outermost tree
to be harvested;
(B)
a fuel reduction area immediately behind the
fire break that is at least 10m in width;
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Planning Regulation 2016
Schedule 21
(l)
trees to be harvested in a fuel reduction area mentioned
in paragraph (k)(ii)(B) are pruned to a minimum height
of 5m once the trees reach a height of 10m;
(m) fire breaks are kept clear of flammable material with a
height of more than 1m;
(2)
(n)
fire access tracks and roads with a minimum width of
4m are established and maintained;
(o)
each forest for wood production is within 250m of a fire
access track or road.
Despite subsection (1)(a), the following works may be carried
out within the separation distance mentioned in the
subsection—
(a)
the construction
development;
(b)
maintenance works for the development.
Part 2
of
roads
and
tracks
for
the
Separation distances
Table 1—Separation distances
Column 1
Structure or thing
Column 2
Separation distance
1
A watercourse shown on the regulated
vegetation management map
(1:100,000) and classified as stream
order 1 to 2 under the Strahler stream
order classification system
5m from the defining bank of the
watercourse
2
A watercourse shown on the regulated
vegetation management map
(1:100,000) and classified as stream
order 3 to 5 under the Strahler stream
order classification system
10m from the defining bank of the
watercourse
3
A watercourse shown on the regulated
vegetation management map
(1:100,000) and classified as stream
order 6 under the Strahler stream order
classification system
20m from the defining bank of the
watercourse
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Planning Regulation 2016
Schedule 21
Table 1—Separation distances
Column 1
Structure or thing
Column 2
Separation distance
4
A State-owned protected area or forest
reserve under the Nature Conservation
Act 1992
10m from the boundary of the protected
area or forest reserve
5
Native vegetation
10m from the native vegetation
6
A dwelling
100m from the dwelling, or another
distance that achieves compliance with
the Building Code and AS 3959-2009
‘Construction of buildings in bushfire
prone areas’
7
A machinery shed
A distance that is the greater of the
following—
(a) 25m from the machinery shed; or
(b) a distance from the machinery shed
that is equal to 1.5 times the
maximum height of the trees to be
harvested
8
A transmission grid, supply network or
above-ground pipeline, that services
more than 1 premises and is not the
subject of an easement
A distance that is the greater of the
following—
(a) 25m from the structure; or
(b) a distance from the structure that is
equal to 1.5 times the maximum
height of the trees to be harvested
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Planning Regulation 2016
Schedule 22
Schedule 22
Requirements for high impact
earthworks in a wetland
protection area
schedule 8 [Accepted development], section 9
1
Requirements for high impact earthworks in wetland
protection area
(1)
Operational work that is high impact earthworks, carried out
for electricity operating works or government supported
transport infrastructure, in a wetland protection area is
accepted development if—
(a)
the operational work is not carried out in a wetland in a
wetland protection area; or
(b)
both of the following apply—
(i)
the operational work is not carried out within the
boundary of a wetland that has been delineated and
mapped in accordance with the Queensland
Wetland Definition and Delineation Guidelines by,
or on behalf of, the person carrying out the
development;
(ii) before the work starts, the person carrying out the
work gives the chief executive responsible for
administering the Environmental Protection Act a
notice stating the work to be carried out; or
(c)
the operational work complies with the criteria stated in
section 2; or
(d)
the operational work provides for remedial action to be
carried out; or
(e)
an environmental offset is provided by the person
carrying out the operational work and all of the
following apply—
(i)
the environmental offset counterbalances any
significant adverse impacts of the work;
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Planning Regulation 2016
Schedule 22
(ii) the environmental offset is calculated in
accordance with any relevant environmental offsets
policy under the Environmental Offsets Act;
(iii) before the work starts, the person gives the chief
executive responsible for administering the
Environmental Protection Act a notice stating the
work to be carried out.
(2)
In this section—
Queensland Wetland Definition and Delineation Guidelines
is the edition, current at the relevant time, of the Queensland
Wetland Definition and Delineation Guidelines published by
the department responsible for administering the
Environmental Protection Act.
2
Criteria for operational work
(1)
For section 1(c), the criteria the operational work must
comply with are as follows—
(a)
the operational work establishes a buffer around all
wetlands in the wetland protection area that—
(i)
for a wetland in an urban area—has a minimum
width of 50m; or
(ii) for a wetland not in an urban area—has a minimum
width of 200m; or
(iii) complies with the minimum width requirements
determined necessary by an environmental
evaluation of the wetland;
(b)
the operational work complies with 1 or more of the
following requirements—
(i)
Page 232
the work results in a net ecological benefit to, and
improvement of, the environmental values and
functioning of all wetlands in the wetland
protection area;
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Planning Regulation 2016
Schedule 22
(ii) the work involves rehabilitation of the existing
hydrological regime of all wetlands in the wetland
protection area;
(iii) the work involves restoring the natural
hydrological regime of all wetlands in the wetland
protection area;
(iv) the work does not adversely affect the existing
surface water hydrological regime of a wetland in
the wetland protection area;
(v) any adverse impact on the existing surface water
hydrological regime of a wetland in the wetland
protection area is minimised by—
(c)
(A)
ensuring there is no change to the reference
high-flow duration frequency curve, the
low-flow duration frequency curve, the
low-spells frequency curve, and the mean
annual flow to and from the wetland; and
(B)
ensuring stream flows into the wetland
comply with the environmental flow
objectives stated in any relevant water
resource plan under the Water Act 2000; and
(C)
if the work will result in an increased volume
or velocity of stormwater flows into a
wetland—collecting and re-using the
stormwater;
the operational work returns the water table and
hydrostatic pressure in the wetland protection area to
their natural state, or complies with both of the
following requirements—
(i)
saline water does not enter freshwater aquifers in
the wetland protection area;
(ii) the water table and hydrostatic pressure in the
wetland protection area are not lowered or raised
outside of the bounds of variability existing
immediately before the operational work
commences;
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Planning Regulation 2016
Schedule 22
(d)
the operational work—
(i)
does not result in a change to the quantity or
quality of stormwater entering a wetland in the
wetland protection area, if the change causes the
stormwater to be inconsistent with any water
quality guidelines and water quality objectives
under the Environmental Protection (Water) Policy
2009; or
(ii) minimises adverse impacts on the wetland
protection area caused by stormwater entering the
area;
(e)
the operational work does not involve clearing
vegetation in a wetland in the wetland protection area or
in a buffer established under paragraph (a);
(f)
the operational work—
(i)
is not in a buffer established under paragraph (a);
or
(ii) avoids land degradation in the wetland protection
area by using engineering designs and solutions for
the horizontal and vertical alignment of
infrastructure; or
(iii) complies with an erosion and sediment control
plan for the wetland protection area;
(g)
the operational work—
(i)
is not within an existing ecological corridor in the
wetland protection area; or
(ii) is not within an ecological corridor that is
established and maintained in compliance with the
Wetland Rehabilitation Guidelines for the Great
Barrier Reef Catchment prepared by WetlandCare
Australia for the Commonwealth Government; or
(iii) does not adversely affect the movement of fauna
that may use or move through a wetland in the
wetland protection area as part of the fauna’s
normal life cycle;
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Planning Regulation 2016
Schedule 22
(h)
the operational work—
(i)
provides for the removal of existing non-native
pest species from the wetland protection area; or
(ii) includes pest management practices for existing
non-native pest species in the wetland protection
area that protect the long-term functioning of
wetlands in the area; or
(iii) does not result in the introduction of non-native
pest species to a wetland in the wetland protection
area; or
(iv) provides pest dispersal prevention measures that
manage the threat of non-native pest species to
wetlands in the wetland protection area, but do not
interfere with the movement of native fauna in the
wetland protection area;
(i)
the operational work—
(i)
does not cause noise, light or visual disturbances to
native fauna in the wetland protection area; or
(ii) complies with a report prepared by a qualified
ecologist, or a person with similar experience, that
assesses the impacts of noise, light and visual
disturbances on native fauna in the wetland
protection area, and recommends measures for
mitigating the impacts;
(j)
(2)
a monitoring plan is prepared and implemented to
monitor the effects of the operational work on the
ecological and hydrological functioning of the wetlands
in the wetland protection area.
In this section—
environmental
evaluation—
evaluation,
of
a
wetland,
means
an
(a)
of the environmental values and functioning of the
wetland, including threats to the wetland; and
(b)
that is carried out by a suitably qualified person in
accordance with the Queensland Wetland Buffer
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Guideline published by the department responsible for
administering the Environmental Protection Act.
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Schedule 23
Schedule 23
Particular application fees
section 38
Part 1
Assessment manager
application fees
Division 1
Preliminary
1
2
Assessment manager application fee for relevant aspects
of development
(1)
The fee (the assessment manager application fee) for a
development application for an aspect (the relevant aspect) of
development mentioned in division 2, column 2, is the fee
stated in division 2, column 3, opposite the relevant aspect.
(2)
However, if the development application is for 2 or more
relevant aspects of development, the assessment manager
application fee for the application is each fee (each an
assessment manager application fee component) payable
under subsection (1) for each relevant aspect of development.
(3)
This section is subject to sections 2 to 5.
Assessment manager application fee components
for particular applications for vegetation clearing
(1)
This section applies to a development application if—
(a)
the application is for more than 1 relevant aspect of
development mentioned in division 2, item 4; and
(b)
the total of the assessment manager application fee
components for the relevant aspects would, other than
for this section, be more than $11,686.
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(2)
Despite section 1(2), the total of the assessment manager
application fee components for the relevant aspects is
$11,686.
Example—
For a development application for relevant aspects of development
mentioned in division 2, item 4(a)(i)(A), (b)(ii) and (c)(iii), the total of
the assessment manager application fee components for the relevant
aspects is $11,686.
(3)
3
This section is subject to sections 4 and 5.
Assessment manager application fee components
for particular applications for waterway barrier works
(1)
(2)
This section applies to a development application if—
(a)
the application is for more than 1 relevant aspect of
development mentioned in division 2, item 13; and
(b)
the total of the assessment manager application fee
components for the relevant aspects would, other than
for this section, be more than $11,686.
Despite section 1(2), the total of the assessment manager
application fee components for the relevant aspects is
$11,686.
Example—
For a development application for relevant aspects of development
mentioned in division 2, item 13(a), (b) and (c), the total of the
assessment manager application fee components for the relevant aspects
is $11,686.
(3)
4
This section is subject to sections 4 and 5.
Assessment manager application fee for particular
applications for fast-track development
(1)
This section applies to a development application if—
(a)
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the application is for a relevant aspect of development
that is fast-track development; and
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Planning Regulation 2016
Schedule 23
(b)
5
the assessment manager application fee for the relevant
aspect would, other than for this section, be more than
$730.
(2)
Despite sections 1 to 3, the assessment manager application
fee for the relevant aspect is $730.
(3)
This section is subject to section 5.
Assessment manager application fee for applications by
registered non-profit organisations
(1)
This section applies to a development application for a
relevant aspect of development if the application is made by a
registered non-profit organisation.
(2)
Despite sections 1 to 4, the assessment manager application
fee for the relevant aspect is 50% of the fee that would, other
than for this section, have applied for the relevant aspect.
Examples—
1
For a development application made by a registered non-profit
organisation for a relevant aspect of development mentioned in
division 2, item 4(d), the assessment manager application fee for
the relevant aspect, which would, other than for this section, be
$11,686, is $5843.
2
For a development application made by a registered non-profit
organisation for a relevant aspect of development mentioned in
division 2, item 4(d) that is fast-track development, the assessment
manager application fee for the relevant aspect, which would other
than for this section be $730, is $365.
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Schedule 23
Division 2
Fees
Note: This schedule reflects the schedule in the Sustainable Planning
Regulation. It has not yet been updated.
1
2
3
Development to which application relates
Application
fee
$
Brisbane core port land
1
Development mentioned in the Transport Infrastructure Act,
section 283ZP(1)—
(a)
if the development is consistent with the Brisbane port LUP
and requires code assessment
(b)
if the development is inconsistent with the Brisbane port
LUP and requires—
8520.00
(i)
code assessment
13,389.00
(ii)
impact assessment
24,343.00
Airport land
2
Development mentioned in schedule 6, table 2, item 2
1460.00
Environmentally relevant activities
3
Development mentioned in schedule 6, table 3, item 1(a)—
(a)
if the environmentally relevant activity involves intensive
animal feedlotting, pig keeping or poultry farming
(b)
otherwise—
(i)
if the aggregate environmental score for the
environmentally relevant activity is 25 or less
1460.00
(ii)
if the aggregate environmental score for the
environmentally relevant activity is more than 25, but
no more than 74
2922.00
(iii) if the aggregate environmental score for the
environmentally relevant activity is more than 74
Vegetation clearing
Page 240
2922.00
11,686.00
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Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
4
Application
fee
$
Operational work mentioned in schedule 6, table 3, item 2(a)—
(a)
for high value agriculture clearing or irrigated high value
agriculture clearing—
(i)
(ii)
(b)
(c)
if the total area to be cleared is 30ha or less—
(A)
for an area that includes an endangered regional
ecosystem or of concern regional ecosystem
5843.00
(B)
otherwise
2922.00
if the total area to be cleared is more than 30ha
11,686.00
for necessary environmental clearing—
(i)
if the clearing is necessary to restore the ecological
and environmental condition of land
(ii)
if the clearing is necessary to divert existing natural
channels in a way that replicates the existing form of
the natural channels
nil
5843.00
(iii) if the clearing is necessary to prepare for the
likelihood of a natural disaster
nil
(iv) if the clearing is necessary to remove contaminants
from land
nil
for a purpose other than reconfiguring a lot, a material
change of use of premises, high value agriculture clearing,
irrigated high value agriculture clearing or necessary
environmental clearing, if the clearing is—
(i)
of an area of less than 5ha and is for establishing a
necessary fence, firebreak, road or vehicular track, or
necessary built infrastructure
2922.00
(ii)
for fodder harvesting
2922.00
(iii) for thinning
2922.00
(iv) the clearing of encroachment
2922.00
(v)
necessary for controlling non-native vegetation or
declared pests
nil
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1
2
3
Development to which application relates
Application
fee
$
(vi) necessary for ensuring public safety
(d)
otherwise
nil
11,686.00
Taking or interfering with water
5
6
Operational work mentioned in schedule 6, table 3, item 3(a)—
(a)
if the work involves the taking of water
(b)
if the work involves interfering with water
146.00
5843.00
Operational work mentioned in schedule 6, table 3, item 3A(a)—
(a)
if all of the following apply—
(i)
the dam is, or is intended to be, more than 20 metres
high;
(ii)
the dam is, or is intended to be, capable of
impounding more than 5000 megalitres;
5843.00
(iii) an accepted failure impact assessment for the dam
states that the population at risk for the dam is more
than 20 persons but no more than 100 persons
(b)
if an accepted failure impact assessment for the dam states
that the population at risk for the dam is more than 100
persons
(c)
otherwise
11,686.00
2922.00
Major hazard facilities
7
Material change of use of premises mentioned in schedule 6, table
3, item 4(a)
11,686.00
Quarrying in a watercourse or lake
8
Development mentioned in schedule 6, table 3, item 5(a)
2922.00
Tidal works or work within a coastal management district
9
Operational work mentioned in schedule 6, table 3, item 6(a)(i) or
(ii)—
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Planning Regulation 2016
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1
2
3
Development to which application relates
(a)
if any of the following apply—
(i)
the operational work involves the disposal of dredge
spoil or other solid waste material in tidal water;
(ii)
the operational work is for the construction of an
artificial waterway
Application
fee
$
5843.00
(b)
for works for coastal management purposes that involve
beach nourishment, stinger net enclosures, fencing of
coastal dunes or re-vegetation of coastal dunes with
endemic native vegetation
nil
(c)
for works directly related to the provision of lifesaving or
rescue services by a volunteer community organisation
nil
(d)
otherwise
2922.00
Development on Queensland heritage place
10 Development mentioned in schedule 6, table 3, item 7(a)—
(a)
if the development is a material change of use of premises
that would result in the premises consisting of at least 1
dwelling but not more than 4 dwellings
nil
(b)
if the development is building work or operational work
associated with premises consisting of at least 1 dwelling
but not more than 4 dwellings
nil
(c)
otherwise
2922.00
Aquaculture
11 Material change of use of premises mentioned in schedule 6, table
3, item 10(a)—
(a)
(b)
if the aquaculture—
(i)
is carried out in a tank, pond or hatchery; and
(ii)
is not expected to cause the discharge of waste into
Queensland waters
if the aquaculture—
2922.00
5843.00
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Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
(c)
(d)
(e)
(i)
is carried out in a tank, pond or hatchery that covers
an area of 100ha or less; and
(ii)
is expected to cause the discharge of waste into
Queensland waters
if the aquaculture—
(i)
is carried out in a tank, pond or hatchery that covers
an area of more than 100ha; and
(ii)
is expected to cause the discharge of waste into
Queensland waters
if the aquaculture—
(i)
is carried out on tidal land; and
(ii)
involves the addition of feed
if both of the following apply—
(i)
(ii)
(f)
(ii)
(g)
Page 244
11,686.00
11,686.00
2922.00
the aquaculture—
(A)
is carried out on tidal land that covers an area of
50ha or less; and
(B)
does not involve the addition of feed;
the applicant holds a resource allocation authority for
the material change of use
if both of the following apply—
(i)
Application
fee
$
5843.00
the aquaculture—
(A)
is carried out on tidal land that covers an area of
more than 50ha; and
(B)
does not involve the addition of feed;
the applicant holds a resource allocation authority for
the material change of use
otherwise
11,686.00
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Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
Application
fee
$
Fisheries development other than aquaculture
13 Operational work mentioned in schedule 6, table 3, item
11(a)(i)—
(a)
(b)
(c)
for each waterway barrier works the subject of the
application, if any of the following apply—
(i)
the applicant has a valid fish movement exemption
notice under the Fisheries Act for the application and
the notice still applies;
(ii)
the waterway barrier works—
(A)
is to be constructed or raised in a low-risk
waterway; and
(B)
does not have as its primary purpose the
impounding of water
for each waterway barrier works the subject of the
application, if any of the following apply—
(i)
the waterway barrier works is a bridge to be
constructed in a major-risk waterway;
(ii)
the waterway barrier works—
(A)
is to be constructed or raised in a moderate or
high-risk waterway; and
(B)
does not have as its primary purpose the
impounding of water
for each waterway barrier works the subject of the
application, if any of the following apply—
(i)
the primary purpose of the waterway barrier works is
to impound water;
(ii)
the waterway barrier works—
(A)
is to be constructed or raised in a major-risk
waterway or a tidal waterway not shown in the
waterways spatial data layer; and
(B)
is not a bridge
2922.00
5843.00
11,686.00
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1
2
3
Development to which application relates
(d)
otherwise, for each waterway barrier works the subject of
the application
Application
fee
$
2922.00
14 Operational work mentioned in schedule 6, table 3, item
11(a)(ii)—
(a)
if the applicant holds a resource allocation authority for all
the operational work
(b)
otherwise—
(i)
(ii)
1460.00
for operational work that is expected to cause a
permanent loss of capacity of tidal land—
(A)
if the operational work is to be carried out in an
area of no more than 500m2
(B)
otherwise
5843.00
11,686.00
for operational work that is not expected to cause a
permanent loss of capacity of tidal land—
(A)
if the operational work is to be carried out in an
area of no more than 1500m2
(B)
otherwise
5843.00
11,686.00
15 Operational work mentioned in schedule 6, table 3, item
11(a)(iii)—
(a)
if 1 or more of the following apply—
(i)
the operational work is the removal, destruction or
damage of marine plants covering an area less than
25m2;
(ii)
the operational work is to be carried out in an area that
is above the level of the highest astronomical tide;
2823.00
(iii) the operational work is for education or research
(b)
if any of the following apply—
(i)
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the operational work—
5843.00
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Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
(ii)
(c)
(A)
is the removal, destruction or damage of marine
plants covering an area of at least 25m2, but no
more than 500m2; and
(B)
is expected to cause a loss of capacity of tidal
land;
the operational work—
(A)
is the removal, destruction or damage of marine
plants covering an area of at least 25m2, but no
more than 1500m2; and
(B)
is not expected to cause a loss of capacity of
tidal land
if any of the following apply—
(i)
(ii)
Application
fee
$
11,686.00
the operational work—
(A)
is the removal, destruction or damage of marine
plants covering an area of more than 500m2; and
(B)
is expected to cause a loss of capacity of tidal
land;
the operational work—
(A)
is the removal, destruction or damage of marine
plants covering an area of more than 1500m2;
and
(B)
is not expected to cause a loss of capacity of
tidal land
Development in wetland protection area
17 Development mentioned in schedule 6, table 3, item 13(a)
2922.00
Decided by the Minister
18 Development mentioned in schedule 6, table 5, item 1
nil
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Schedule 23
Part 2
Referral agency application
fees
Division 1
Preliminary
6
Referral agency application fee applies for relevant
aspects of development
(1)
The fee (the referral agency application fee) for a
development application for an aspect (the relevant aspect) of
development mentioned in division 2, column 2, is the fee
stated in division 2, column 3, opposite the relevant aspect.
(2)
However, if the development application is for 2 or more
relevant aspects of development, the referral agency
application fee for the application is each fee (each a referral
agency application fee component) payable under subsection
(1) for each relevant aspect of development.
(3)
This section is subject to sections 7 to 11.
7
Referral agency application fee for particular
building work
(1)
This section applies to a development application if a relevant
aspect of development the subject of the application is
building work to which the QDC, part 1.4 applies and the
work—
(a)
relates to a sewer, water main or stormwater drain; and
(b)
either—
(i)
does not comply with an acceptable solution for a
relevant performance criteria stated in the part; or
(ii) is for a class of building or structure for which the
part does not state an acceptable solution.
(2)
Despite section 6, the referral agency application fee for the
relevant aspect is an amount—
(a)
Page 248
the referral agency considers to be reasonable; and
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Planning Regulation 2016
Schedule 23
(b)
8
that is not more than the reasonable cost of the referral
agency performing its functions under the Act for the
relevant aspect.
Referral agency application fee components for
particular applications for clearing vegetation
(1)
(2)
This section applies to a development application if—
(a)
the application is for more than 1 relevant aspect of
development mentioned in division 2, item 19; and
(b)
the total of the referral agency application fee
components for the relevant aspects would, other than
for this section, be more than $11,686.
Despite section 6(2), the total of the referral agency
application fee components for the relevant aspects is
$11,686.
Example—
For a development application for relevant aspects of development
mentioned in division 2, item 19(a)(i)(A), (b)(i) and (c)(iii), the total of
the referral agency application fee components for the relevant aspects
is $11,686.
(3)
9
This section is subject to sections 10 and 11.
Referral agency application fee components for
particular applications for waterway barrier works
(1)
(2)
This section applies to a development application if—
(a)
the application is for more than 1 relevant aspect of
development mentioned in division 2, item 33; and
(b)
the total of the referral agency application fee
components for the relevant aspects would, other than
for this section, be more than $11,686.
Despite section 6(2), the total of the referral agency
application fee components for the relevant aspects is
$11,686.
Example—
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Planning Regulation 2016
Schedule 23
For a development application for relevant aspects of development
mentioned in division 2, item 33(a), (b) and (c), the total of the referral
agency application fee components for the relevant aspects is $11,686.
(3)
10
This section is subject to sections 10 and 11.
Referral agency application fee for particular applications
for fast-track development
(1)
This section applies to a development application if—
(a)
the application is for a relevant aspect of development
that is fast-track development; and
(b)
the referral agency application fee for the relevant aspect
would, other than for this section, be more than $730.
(2)
Despite sections 6, 8 and 9, the referral agency application fee
for the relevant aspect is $730.
(3)
This section is subject to section 11.
11
Referral agency application fee for applications by
registered non-profit organisations
(1)
This section applies to a development application for a
relevant aspect of development if the application is made by a
registered non-profit organisation.
(2)
However, this section does not apply to a development
application to the extent the application is for a relevant aspect
of development mentioned in section 7(1).
(3)
Despite sections 6 and 8 to 10, the referral agency application
fee for the relevant aspect is 50% of the fee that would, other
than for this section, have applied for the relevant aspect.
Examples—
Page 250
1
For a development application made by a registered non-profit
organisation for a relevant aspect of development mentioned in
division 2, item 19(d), the referral agency application fee for the
relevant aspect, which would other than for this section be $11,686,
is $5843.
2
For a development application made by a registered non-profit
organisation for a relevant aspect of development mentioned in
division 2, item 19(d) that is fast-track development, the referral
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
agency application fee for the relevant aspect, which would other
than for this section be $730, is $365.
Division 2
Fees
Note: This table reflects the table in the Sustainable Planning Regulation.
It has not been updated.
1
2
3
Development to which application relates
Application
fee
$
State-controlled road
1
Building work for which a referral agency is stated in schedule 7,
table 1, item 8
2
Reconfiguring a lot for which a referral agency is stated in
schedule 7, table 2, item 2—
2922.00
(a)
if the reconfiguration results in 50 lots or less
1460.00
(b)
if the reconfiguration results in more than 50 lots, but no
more than 200 lots
2922.00
(c)
otherwise
5843.00
3
Operational work for which a referral agency is stated in schedule
7, table 2, item 3
4
Material change of use of premises for which a referral agency is
stated in schedule 7, table 3, item 1—
(a)
(b)
2922.00
if the material change of use does not involve the
construction or extension of a relevant vehicular access to a
State-controlled road—
(i)
for premises that are to consist of at least 1 dwelling
but not more than 4 dwellings
(ii)
otherwise
730.00
1460.00
if the material change of use involves the construction or
extension of a relevant vehicular access to a State-controlled
road—
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1
2
3
Development to which application relates
5
Application
fee
$
(i)
for premises that are to consist of at least 1 dwelling
but not more than 4 dwellings
1460.00
(ii)
otherwise
2922.00
Operational work for which a referral agency is stated in schedule
7, table 3, item 1A
2922.00
Coastal management districts
6
Building work for which a referral agency is stated in schedule 7,
table 1, item 11
2922.00
7
Material change of use of premises for which a referral agency is
stated in schedule 7, table 3, item 5
2922.00
Queensland heritage place
8
9
Building work for which a referral agency is stated in schedule 7,
table 1, item 12—
(a)
if the building work is associated with premises containing
at least 1 dwelling but not more than 4 dwellings
(b)
otherwise
nil
2922.00
Development for which a referral agency is stated in schedule 7,
table 2, item 19—
(a)
if the development is a material change of use of premises
that would result in the premises containing at least 1
dwelling but not more than 4 dwellings
nil
(b)
if the development is building work or operational work
associated with premises containing at least 1 dwelling but
not more than 4 dwellings
nil
(c)
otherwise
2922.00
Public passenger transport
10 Building work for which a referral agency is stated in schedule 7,
table 1, item 14
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2922.00
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Schedule 23
1
2
3
Development to which application relates
11 Reconfiguring a lot for which a referral agency is stated in
schedule 7, table 2, item 33
Application
fee
$
1460.00
12 Development for which a referral agency is stated in schedule 7,
table 3, item 14—
(a)
if the development relates to the construction of at least 1
dwelling but not more than 4 dwellings
(b)
if any part of the premises is within 25m of—
(i)
2 or more public passenger transport corridors; or
(ii)
2 or more future public passenger transport corridors;
or
730.00
2922.00
(iii) 1 or more public passenger transport corridors and 1
or more future public passenger transport corridors
(c)
otherwise
1460.00
Railways
13 Building work for which a referral agency is stated in schedule 7,
table 1, item 16
2922.00
14 Reconfiguring a lot for which a referral agency is stated in
schedule 7, table 2, item 34
2922.00
15 Material change of use of premises for which a referral agency is
stated in schedule 7, table 3, item 15A—
(a)
if the premises will contain at least 1 dwelling but not more
than 4 dwellings
(b)
otherwise
730.00
2922.00
16 Operational work for which a referral agency is stated in schedule
7, table 3, item 15B
2922.00
Environmentally relevant activities
17 Material change of use of premises mentioned in schedule 7, table
2, item 1 for which the chief executive is a referral agency—
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Schedule 23
1
2
3
Development to which application relates
(a)
if the environmentally relevant activity involves intensive
animal feedlotting, pig keeping or poultry farming
(b)
otherwise—
Application
fee
$
2922.00
(i)
if the aggregate environmental score for the
environmentally relevant activity is 25 or less
1460.00
(ii)
if the aggregate environmental score for the
environmentally relevant activity is more than 25, but
no more than 74
2922.00
(iii) if the aggregate environmental score for the
environmentally relevant activity is more than 74
11,686.00
Clearing native vegetation
18 Reconfiguring a lot for which a referral agency is stated in
schedule 7, table 2, item 4
5843.00
19 Operational work for which a referral agency is stated in schedule
7, table 2, item 5, if the operational work is—
(a)
for high value agriculture clearing or irrigated high value
agriculture clearing—
(i)
(ii)
(b)
if the total area to be cleared is 30ha or less—
(A)
for an area that includes an endangered regional
ecosystem or of concern regional ecosystem
5843.00
(B)
otherwise
2922.00
if the total area to be cleared is more than 30ha
for necessary environmental clearing—
(i)
if the clearing is necessary to restore the ecological
and environmental condition of land
(ii)
if the clearing is necessary to divert existing natural
channels in a way that replicates the existing form of
the natural channels
(iii) if the clearing is necessary to prepare for the
likelihood of a natural disaster
Page 254
11,686.00
5843.00
nil
nil
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
(iv) if the clearing is necessary to remove contaminants
from land
(c)
nil
for a purpose other than reconfiguring a lot, a material
change of use of premises, high value agriculture clearing,
irrigated high value agriculture clearing or necessary
environmental clearing, if the clearing is—
(i)
of an area of less than 5ha, and is for establishing a
necessary fence, firebreak, road or vehicular track, or
necessary built infrastructure
2922.00
(ii)
for fodder harvesting
2922.00
(iii) for thinning
2922.00
(iv) the clearing of encroachment
2922.00
(v)
necessary for controlling non-native vegetation or
declared pests
(vi) necessary for ensuring public safety
(d)
Application
fee
$
otherwise
nil
nil
11,686.00
20 Material change of use of premises for which a referral agency is
stated in schedule 7, table 3, item 10
5843.00
Major hazard facilities
21 Material change of use of premises for which a referral agency is
stated in schedule 7, table 2, item 8—
(a)
for an existing major hazard facility
(b)
for a proposed major hazard facility—
(i)
if the facility will be a tier 3 major hazard facility, as
defined under the Work Health and Safety Regulation
2011, schedule 19
(ii)
otherwise
nil
5843.00
730.00
Taking or interfering with water
Page 255
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
Application
fee
$
22 Operational work for which a referral agency is stated in schedule
7, table 2, item 9—
(a)
if the work is for the taking of water
(b)
if the work is for interfering with water
146.00
5843.00
Interfering with water in drainage and embankment areas
23 Operational work for which a referral agency is stated in schedule
7, table 2, item 10
[Note to drafter: This item to be omitted if Water and Other
Legislation Amendment Regulation (No. 1) 2014 commences].
1460.00
Particular dams
24 Operational work for which a referral agency is stated in schedule
7, table 2, item 11—
(a)
if all of the following apply—
(i)
the dam is, or is intended to be, more than 20 metres
high;
(ii)
the dam is, or is intended to be, capable of
impounding more than 5000 megalitres;
5843.00
(iii) an accepted failure impact assessment for the dam
states that the population at risk for the dam is more
than 20 persons but no more than 100 persons
(b)
if an accepted failure impact assessment for the dam states
that the population at risk for the dam is more than 100
persons
(c)
otherwise
11,686.00
2922.00
Removal of quarry material
25 Development for which a referral agency is stated in schedule 7,
table 2, item 12
2922.00
Tidal works, or development in a coastal management district
26 Operational work for which a referral agency is stated in schedule
7, table 2, item 13—
Page 256
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
(a)
if any of the following apply—
(i)
the operational work involves the disposal of dredge
spoil or other solid waste material in tidal water;
(ii)
the operational work is for the construction of an
artificial waterway
Application
fee
$
5843.00
(b)
if the operational work is for coastal management purposes
that involve beach nourishment, stinger net enclosures,
fencing of coastal dunes or re-vegetation of coastal dunes
with endemic native vegetation
nil
(c)
if the operational work is directly related to the provision of
lifesaving or rescue services by a volunteer community
organisation
nil
(d)
if the operational work is tidal works for a private purpose
(e)
otherwise
730.00
2922.00
27 Reconfiguring a lot for which a referral agency is stated in
schedule 7, table 2, item 14—
(a)
if the reconfiguration relates to the construction of an
artificial waterway
11,686.00
(b)
if the lot—
11,686.00
(c)
(i)
is more than 2ha; and
(ii)
is to be reconfigured to create 10 or more lots
otherwise
5843.00
28 Operational work for which a referral agency is stated in schedule
7, table 2, item 15—
(a)
if the works are for a private purpose
(b)
otherwise
1460.00
11,686.00
Premises contaminated because of unexploded ordnance
29 Development for which a referral agency is stated in schedule 7,
table 2, item 22 or schedule 7, table 3, item 11
nil
Page 257
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
Application
fee
$
Works or other development in a fish habitat area
30 Building work for which a referral agency is stated in schedule 7,
table 2, item 25— [Note for drafter: This trigger has been
replaced with a new trigger for fish habitat areas. Need to
correct reference].
(a)
if the applicant holds a resource allocation authority for all
the development
(b)
otherwise—
(i)
(ii)
1460.00
for development that is expected to cause a permanent
loss of capacity of tidal land—
(A)
if the development is to be carried out in an area
of no more than 500m2
(B)
otherwise
5843.00
11,686.00
for development that is not expected to cause a
permanent loss of capacity of tidal land—
(A)
if the development is to be carried out in an area
of no more than 1500m2
(B)
otherwise
5843.00
11,686.00
31 Operational work for which a referral agency is stated in schedule
7, table 2, item 26—
(a)
if the applicant holds a resource allocation authority for all
the development
(b)
otherwise—
(i)
(ii)
Page 258
1460.00
for development that is expected to cause a permanent
loss of capacity of tidal land—
(A)
if the development is to be carried out in an area
of no more than 500m2
(B)
otherwise
for development that is not expected to cause a
permanent loss of capacity of tidal land—
5843.00
11,686.00
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
(A)
if the development is to be carried out in an area
of no more than 1500m2
(B)
otherwise
Application
fee
$
5843.00
11,686.00
Certain aquaculture
32 Material change of use of premises for which a referral agency is
stated in schedule 7, table 2, item 28—
(a)
(b)
(c)
(d)
(e)
if the aquaculture—
(i)
is carried out in a tank, pond or hatchery; and
(ii)
is not expected to cause the discharge of waste into
Queensland waters
if the aquaculture—
(i)
is carried out in a tank, pond or hatchery that covers
an area of 100ha or less; and
(ii)
is expected to cause the discharge of waste into
Queensland waters
if the aquaculture—
(i)
is carried out in a tank, pond or hatchery that covers
an area of more than 100ha; and
(ii)
is expected to cause the discharge of waste into
Queensland waters
if the aquaculture—
(i)
is carried out on tidal land; and
(ii)
involves the addition of feed
if both of the following apply—
(i)
2922.00
5843.00
11,686.00
11,686.00
2922.00
the aquaculture—
(A)
is carried out on tidal land that covers an area of
50ha or less; and
Page 259
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
(B)
(ii)
(f)
does not involve the addition of feed;
the applicant holds a resource allocation authority for
the material change of use
if both of the following apply—
(i)
5843.00
the aquaculture—
(ii)
(g)
Application
fee
$
(A)
is carried out on tidal land that covers an area of
more than 50ha; and
(B)
does not involve the addition of feed;
the applicant holds a resource allocation authority for
the material change of use
otherwise
11,686.00
Constructing or raising waterway barrier works
33 Operational work for which a referral agency is stated in schedule
7, table 2, item 29—
(a)
(b)
Page 260
for each waterway barrier works the subject of the
application, if any of the following apply—
(i)
the applicant has a valid fish movement exemption
notice under the Fisheries Act for the application and
the notice still applies;
(ii)
the waterway barrier works—
(A)
is to be constructed or raised in a low-risk
waterway; and
(B)
does not have as its primary purpose the
impounding of water
for each waterway barrier works the subject of the
application, if any of the following apply—
(i)
the waterway barrier works is a bridge to be
constructed in a major-risk waterway;
(ii)
the waterway barrier works—
2922.00
5843.00
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
(c)
(d)
(A)
is to be constructed or raised in a moderate or
high-risk waterway; and
(B)
does not have as its primary purpose the
impounding of water
Application
fee
$
for each waterway barrier works the subject of the
application, if any of the following apply—
(i)
the primary purpose of the waterway barrier works is
to impound water;
(ii)
the waterway barrier works—
(A)
is to be constructed or raised in a major-risk
waterway or a tidal waterway not shown in the
waterways spatial data layer; and
(B)
is not a bridge
otherwise, for each waterway barrier works the subject of
the application
11,686.00
2922.00
Removal, destruction or damage of marine plants
34 Operational work for which a referral agency is stated in schedule
7, table 2, item 30—
(a)
if 1 or more of the following apply—
(i)
the work is, or involves, the removal, destruction or
damage of marine plants covering an area of less than
25m2;
(ii)
the work is to be carried out in an area that is above
the level of the highest astronomical tide;
2922.00
(iii) the work is for education or research
(b)
if any of the following apply—
(i)
5843.00
the work—
(A)
is, or involves, the removal, destruction or
damage of marine plants covering an area of at
least 25m2, but no more than 500m2; and
Page 261
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
(B)
(ii)
(c)
is expected to cause a loss of capacity of tidal
land;
the work—
(A)
is, or involves, the removal, destruction or
damage of marine plants covering an area of at
least 25m2, but no more than 1500m2; and
(B)
is not expected to cause a loss of capacity of
tidal land
if any of the following apply—
(i)
(ii)
Application
fee
$
11,686.00
the work—
(A)
is, or involves, the removal, destruction or
damage of marine plants covering an area of
more than 500m2; and
(B)
is expected to cause a loss of capacity of tidal
land;
the work—
(A)
is, or involves, the removal, destruction or
damage of marine plants covering an area of
more than 1500m2; and
(B)
is not expected to cause a loss of capacity of
tidal land
35 Reconfiguring a lot for which a referral agency is stated in
schedule 7, table 2, item 31—
(a)
if 1 or more of the following apply—
(i)
the reconfiguration involves the removal, destruction
or damage of marine plants covering an area of less
than 25m2;
(ii)
the reconfiguration is to be carried out in an area that
is above the level of the highest astronomical tide;
(iii) the reconfiguration is for education or research
Page 262
2922.00
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
(b)
if any of the following apply—
(i)
(ii)
(c)
(ii)
5843.00
the reconfiguration—
(A)
involves the removal, destruction or damage of
marine plants covering an area of at least 25m2,
but no more than 500m2; and
(B)
is expected to cause a loss of capacity of tidal
land;
the reconfiguration—
(A)
involves the removal, destruction or damage of
marine plants covering an area of at least 25m2,
but no more than 1500m2; and
(B)
is not expected to cause a loss of capacity of
tidal land
if any of the following apply—
(i)
Application
fee
$
11,686.00
the reconfiguration—
(A)
involves the removal, destruction or damage of
marine plants covering an area of more than
500m2; and
(B)
is expected to cause a loss of capacity of tidal
land;
the reconfiguration—
(A)
involves the removal, destruction or damage of
marine plants covering an area of more than
1500m2; and
(B)
is not expected to cause a loss of capacity of
tidal land
36 Material change of use of premises for which a referral agency is
stated in schedule 7, table 2, item 32—
(a)
if 1 or more of the following apply—
2922.00
Page 263
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
(i)
the use involves the removal, destruction or damage of
marine plants covering an area of less than 25m2;
(ii)
the use is to be carried out in an area that is above the
level of the highest astronomical tide;
Application
fee
$
(iii) the use is for education or research
(b)
if any of the following apply—
(i)
(ii)
(c)
(ii)
Page 264
the use—
(A)
involves, the removal, destruction or damage of
marine plants covering an area of at least 25m2,
but no more than 500m2; and
(B)
is expected to cause a loss of capacity of tidal
land;
the use—
(A)
involves the removal, destruction or damage of
marine plants covering an area of at least 25m2,
but no more than 1500m2; and
(B)
is not expected to cause a loss of capacity of
tidal land
if any of the following apply—
(i)
5843.00
the use—
(A)
involves the removal, destruction or damage of
marine plants covering an area of more than
500m2; and
(B)
is expected to cause a loss of capacity of tidal
land;
the use—
(A)
involves the removal, destruction or damage of
marine plants covering an area of more than
1500m2; and
(B)
is not expected to cause a loss of capacity of
tidal land
11,686.00
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
Application
fee
$
37 Material change of use of premises for which a referral agency is
stated in schedule 7, table 3, item 25—
(a)
if 1 or more of the following apply—
(i)
the use involves the removal, destruction or damage of
marine plants covering an area of less than 25m2;
(ii)
the use is to be carried out in an area that is above the
level of the highest astronomical tide;
2922.00
(iii) the use is for education or research
(b)
if any of the following apply—
(i)
(ii)
(c)
the use—
(A)
involves the removal, destruction or damage of
marine plants covering an area of at least 25m2,
but no more than 500m2; and
(B)
is expected to cause a loss of capacity of tidal
land;
the use—
(A)
involves the removal, destruction or damage of
marine plants covering an area of at least 25m2,
but no more than 1500m2; and
(B)
is not expected to cause a loss of capacity of
tidal land
if any of the following apply—
(i)
(ii)
5843.00
11,686.00
the use—
(A)
involves the removal, destruction or damage of
marine plants covering an area of more than
500m2; and
(B)
is expected to cause a loss of capacity of tidal
land;
the use—
Page 265
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
(A)
involves the removal, destruction or damage of
marine plants covering an area of more than
1500m2; and
(B)
is not expected to cause a loss of capacity of
tidal land
Application
fee
$
State-controlled transport tunnels
38 Reconfiguring a lot for which a referral agency is stated in
schedule 7, table 2, item 34A
5843.00
39 Development for which a referral agency is stated in schedule 7,
table 3, item 15C
5843.00
Regional plans
40 Reconfiguring a lot for which a referral agency is stated in
schedule 7, table 2, item 39
1460.00
41 Material change of use of premises for which a referral agency is
stated in schedule 7, table 3, item 12
1460.00
Premises in or near a wetland
44 Reconfiguring a lot for which a referral agency is stated in
schedule 7, table 2, item 43A
2922.00
45 Operational work for which a referral agency is stated in schedule
7, table 2, item 43B
2922.00
46 Material change of use of premises for which a referral agency is
stated in schedule 7, table 3, item 21A
2922.00
Construction of new levees or modification of existing levees
47 Operational work for which a referral agency is stated in schedule
7, table 2, item 48
11,686.00
Development impacting on State transport infrastructure
48 Development for which a referral agency is stated in schedule 7,
table 3, item 2—
Page 266
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
1
2
3
Development to which application relates
Application
fee
$
(a)
if the development is in LGA population 2
2922.00
(b)
otherwise
5843.00
Premises designated for community infrastructure
49 Development for which a referral agency is stated in schedule 7,
table 3, item 6
Part 3
Other fees
Division 1
Preliminary
12
2922.00
Fees for change applications and extension applications
(1)
(2)
This part applies to the following applications—
(a)
a change application made to the chief executive as the
responsible entity;
(b)
an extension application made to the chief executive as
the assessment manager.
The fee for the application is the fee mentioned in division 2,
column 2, opposite the application.
Page 267
Working draft only - not government policy
Planning Regulation 2016
Schedule 23
Division 2
1
Fees
2
3
Type of application
1
2
Application
fee
$
Change application—
(a)
if the development approval to which the application relates
was given for a development application mentioned in
section 5(1) or 11(1)
(b)
otherwise
730.00
1460.00
Extension application—
(a)
if the development approval to which the application relates
was given for a development application mentioned in
section 5(1) or 11(1)
365.00
(b)
otherwise
730.00
Page 268
Working draft only - not government policy
Planning Regulation 2016
Schedule 24
Schedule 24
Maximum for adopted charges
section 45
Table 1—Maximum for adopted charges
Column 1
Use
Column 2
Maximum for adopted charge
Residential uses
1
2
3
4
Dwelling house
Dual occupancy
Caretaker’s accommodation
Multiple dwelling
1
2
$20,000 for each dwelling with 2
or less bedrooms
$28,000 for each dwelling with 3
or more bedrooms
Accommodation (short-term)
1
Tourist park
1
2
2
3
Hotel
Short-term accommodation
1
2
3
If the tourist park has tent or
caravan sites—
(a) $10,000 for each group of 2
sites or less
(b) $14,000 for each group of 3
sites
If the tourist park has cabins—
(a) $10,000 for each cabin with
2 bedrooms or less
(b) $14,000 for each cabin with
3 or more bedrooms
$10,000 for each suite with 2 or
less bedrooms
$14,000 for each suite with 3 or
more bedrooms
$10,000 for each bedroom that is
not part of a suite
Accommodation (long-term)
1
Relocatable home park
1
2
$20,000 for each relocatable
dwelling site for 2 or less bedrooms
$28,000 for each relocatable
dwelling site for 3 or more
bedrooms
Page 269
Working draft only - not government policy
Planning Regulation 2016
Schedule 24
Table 1—Maximum for adopted charges
Column 1
Use
Column 2
Maximum for adopted charge
2
3
4
1
Community residence
Retirement facility
Rooming accommodation
2
3
$20,000 for each suite with 2 or
less bedrooms
$28,000 for each suite with 3 or
more bedrooms
$20,000 for each bedroom that is
not part of a suite
Places of assembly
1
2
3
4
5
1
Club
Community use
Function facility
Funeral parlour
Place of worship
2
$70 for each square metre of gross
floor area
$10 for each square metre
impervious to storm water
Commercial (bulk goods)
1
2
3
4
5
6
Agricultural supplies store
Bulk landscape supplies
Garden centre
Hardware and trade supplies
Outdoor sales
Showroom
1
2
$140 for each square metre of gross
floor area
$10 for each square metre
impervious to storm water
Commercial (retail)
1
2
3
4
5
1
Food and drink outlet
Service industry
Service station
Shop
Shopping centre
2
$180 for each square metre of gross
floor area
$10 for each square metre
impervious to storm water
Commercial (office)
1
2
Office
Sales office
1
2
$140 for each square metre of gross
floor area
$10 for each square metre
impervious to storm water
Educational facility
1
2
3
Child care centre
Community care centre
Educational establishment
1
2
$140 for each square metre of gross
floor area
$10 for each square metre
impervious to storm water
Entertainment
Page 270
Working draft only - not government policy
Planning Regulation 2016
Schedule 24
Table 1—Maximum for adopted charges
Column 1
Use
Column 2
Maximum for adopted charge
1
2
3
1
Hotel
Nightclub entertainment facility
Theatre
2
$200 for each square metre of gross
floor area, other than areas for
providing accommodation
$10 for each square metre
impervious to storm water
Indoor sport and recreation
1
Indoor sport and recreation
1
2
3
$200 for each square metre of gross
floor area, other than court areas
$20 for each square metre of gross
floor area that is a court area
$10 for each square metre
impervious to storm water
Industry
1
2
3
4
5
6
Low impact industry
Medium impact industry
Research and technology industry
Rural industry
Warehouse
Marine industry
1
7
8
High impact industry
Special industry
1
2
2
$50 for each square metre of gross
floor area
$10 for each square metre
impervious to storm water
$70 for each square metre of gross
floor area
$10 for each square metre
impervious to storm water
High impact rural
1
2
3
4
5
Cultivating, in a confined area, aquatic
animals or plants for sale
Intensive animal husbandry
Intensive horticulture
Wholesale nursery
Winery
1
$20 for each square metre of gross
floor area
Essential services
1
2
3
4
5
6
Correctional facility
Emergency services
Health care service
Hospital
Residential care facility
Veterinary service
1
2
$140 for each square metre of gross
floor area
$10 for each square metre
impervious to storm water
Page 271
Working draft only - not government policy
Planning Regulation 2016
Schedule 24
Table 1—Maximum for adopted charges
Column 1
Use
Column 2
Maximum for adopted charge
Other uses
1
2
3
4
5
6
7
8
9
10
11
12
13
Air service
Animal keeping
Car park
Crematorium
Extractive industry
Major sport, recreation and
entertainment facility
Motor sport facility
Non-resident workforce
accommodation
Outdoor sport and recreation
Port service
Tourist attraction
Utility installation
Any other use not listed in column 1,
including a use that is unknown, other
than a use mentioned in section 45(3)
Page 272
The maximum for an adopted charge for
a use listed in column 1, other than in this
row, and decided by the local government
or distributor-retailer
Working draft only - not government policy
Planning Regulation 2016
Schedule 25
Schedule 25
Tribunal fees
Note: References in the schedule are to the Sustainable Planning Act.
This schedule has not been updated.
section 49
$
1
2
3
4
Declaration under the Act, chapter 7, part 2, division 3,
subdivision 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal under the Act, section 519, 520, 521, 522, 523,
524 or 525—
(a) if the appeal is to be decided by a building and
development committee without a site inspection by
the committee or a member of the committee . . . . . .
(b) if the appeal is to be decided by a building and
development committee after a site inspection by the
committee or a member of the committee . . . . . . . . .
Appeal under the Act, section 527, 528, 529, 530, 531,
532 or 533 about a class 1 building or a class 10 building
or structure—
(a) if the appeal is to be decided by a building and
development committee without a site inspection by
the committee or a member of the committee . . . . . .
(b) if the appeal is to be decided by a building and
development committee after a site inspection by the
committee or a member of the committee . . . . . . . . .
Appeal under the Act, section 527, 528, 529, 530, 531,
532 or 533 about a class 2, 3, 4, 5, 6, 7, 8 or 9 building
with a floor area of 500m2 or less—
(a) if the appeal is to be decided by a building and
development committee without a site inspection by
the committee or a member of the committee . . . . . .
243.90
359.20
597.55
359.20
597.55
523.30
Page 273
Working draft only - not government policy
Planning Regulation 2016
Schedule 25
$
5
6
7
8
(b) if the appeal is to be decided by a building and
development committee after a site inspection by the
committee or a member of the committee . . . . . . . . . 755.00
Appeal under the Act, section 527, 528, 529, 530, 531,
532 or 533 about a class 2, 3, 4, 5, 6, 7, 8 or 9 building
with a floor area more than 500m2—
(a) if the appeal is to be decided by a building and
development committee without a site inspection by
the committee or a member of the committee . . . . . . 755.00
(b) if the appeal is to be decided by a building and
development committee after a site inspection by the
committee or a member of the committee . . . . . . . . . 1122.00
Appeal under the Act, section 535, 535A or 849—
(a) if the appeal is to be decided by a building and
development committee without a site inspection by
the committee or a member of the committee . . . . . . 629.70
(b) if the appeal is to be decided by a building and
development committee after a site inspection by the
committee or a member of the committee . . . . . . . . . 868.10
Appeal under the SEQ Water Act, section 99BRBE—
(a) if the appeal is to be decided by a building and
development committee without a site inspection by
the committee or a member of the committee . . . . . . 359.20
(b) if the appeal is to be decided by a building and
development committee after a site inspection by the
committee or a member of the committee . . . . . . . . . 597.55
Appeal under the SEQ Water Act, section 99BRBF—
(a) for an appeal about a review decision relating to a
decision to give an infrastructure charges notice—
(i) if the appeal is to be decided by a building and
development committee without a site
inspection by the committee or a member of the
committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629.70
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Schedule 25
$
9
(ii) if the appeal is to be decided by a building and
development committee after a site inspection
by the committee or a member of the
committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appeal under the SEQ Water Act, section 99BRBFA—
(a) if the appeal is to be decided by a building and
development committee without a site inspection by
the committee or a member of the committee . . . . . .
(b) if the appeal is to be decided by a building and
development committee after a site inspection by the
committee or a member of the committee . . . . . . . . .
868.10
629.70
608.40
868.10
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Schedule 26
Schedule 26
Approving plans of subdivision
section 61
1
Request for approval of plan of subdivision
(1)
A person may, by notice, ask a local government to approve a
plan of subdivision for the reconfiguring of a lot.
(2)
If the request under subsection (1) relates to reconfiguring a
lot authorised under a development permit, the request may be
made only if the development permit is in effect.
(3)
Subsection (4) applies if a condition of a development permit
requires the plan of subdivision for the reconfiguration to be
given to the local government.
(4)
The request must be made—
2
(a)
if the development permit states a date by which the
request must be made—on or before the stated date; or
(b)
otherwise—within 2 years after the development permit
was given.
Assessing request
(1)
If a request under section 1 relates to a plan of subdivision for
reconfiguring a lot authorised under a development permit, or
a plan of subdivision required under a condition of a
development permit, the request must be assessed against—
(a)
all of the following—
(i)
the conditions of the development permit about the
reconfiguration have been complied with;
(ii) for a reconfiguration requiring operational
works—the conditions of the development permit
about the operational works have been complied
with;
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(iii) there are no outstanding rates or charges levied by
the local government or expenses that are a charge
over the land under any Act;
(iv) the plan has been prepared in accordance with the
development permit;
(v) the conditions of a water approval under the SEQ
Water Act have been complied with;
(vi) there are no outstanding fees or charges levied by a
distributor-retailer under the SEQ Water Act; or
(b)
both of the following—
(i)
satisfactory security has been given to the local
government to ensure compliance with paragraph
(a)(i) to (iii);
(ii) the plan has been prepared in accordance with the
development permit.
(2)
3
If a request under section 1 relates to a plan of subdivision for
reconfiguring a lot that is not assessable development, the
request must be assessed against the following—
(a)
the plan is consistent with any development permit
relevant to the premises;
(b)
there are no outstanding rates or charges levied by the
local government or expenses that are a charge over the
land under any Act;
(c)
the conditions of a water approval under the SEQ Water
Act have been complied with;
(d)
there are no outstanding fees or charges levied by a
distributor-retailer under the SEQ Water Act.
Deciding request
(1)
Within 20 business days after the local government receives a
request under section 1, the local government must—
(a)
approve the request, with or without conditions; or
(b)
refuse the request.
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(2)
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The local government must give the person making the
request notice of the decision.
Working draft only - not government policy
Planning Regulation 2016
Schedule 27
Schedule 27
Special fire services and
matters for referral agency
assessment
schedule 10 [Building work that is assessable development], part 2
[Building work under the Building Act], division 3, table 16 [Fire
safety systems generally]
Part 1
Special fire services
1
air-handling systems used for smoke control
2
emergency lifts
3
emergency sound systems and intercom systems
4
fire control centres
5
fire detection and alarm systems, other than the following—
(a)
stand-alone smoke alarms not required to be
interconnected or connected to a fire indicator panel;
(b)
smoke alarms in a class 1 building that are required to be
interconnected;
(c)
smoke alarms in a sole-occupancy unit in a class 2, 3 or
4 building that are required to be interconnected
6
fire hydrants
7
fire mains (other than fire mains that connect only fire hose
reels)
8
services provided under conditions imposed under the
Building Act, section 79
9
services required under the Building Code, clause E1.10
10
smoke and heat venting systems
11
smoke exhaust systems
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Schedule 27
12
special automatic fire suppression systems (including foam,
deluge and gas flooding systems)
13
sprinklers (including wall-wetting sprinklers)
14
stairwell pressurisation systems
15
vehicular access for large isolated buildings
Part 2
Matters referral agency’s
assessment must be against
Smoke control systems
•
achievement of specified performance of systems
•
suitability of automatic detector operation of stairwell
pressurisation systems, smoke-and-heat vents and smoke
exhaust systems
•
suitability of operational controls and indicators
Emergency lifts
•
operation of fire service controls in lifts
Emergency sound systems and intercom systems
•
achievement of specified performance of sound systems and
intercom systems
•
operation of interface of sound systems and intercom systems
•
location of main emergency control panel and warden
intercom points
•
suitability of warning tone and sound pressure levels under
test
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Fire control centres
•
location of control centre
•
suitability of contents, ventilation, signage, lighting and sound
levels of control centre
Fire detection and alarm systems (other than stand-alone smoke
alarms not required to be interconnected or connected to a fire
indicator panel)
•
achievement of specified performance of detection and alarm
systems
•
location and operation of main fire indicator panel,
sub-indicator panels, mimic panels, repeater panels, strobe
lights and directional signs
•
operation of direct fire service alarm
•
suitability of nominated types of detection in all areas, and the
location of manual call points
•
suitability of weather protection, accessibility and lighting of
equipment
•
if the sensitivity of a fire detection or alarm system can be
changed—suitability of the sensitivity setting having regard to
the location of the system and the Australian Standard for that
system
Firefighting equipment
•
achievement of specified performance
•
location and suitability of booster connections and enclosures
•
location and suitability of internal and roof hydrants and
external hydrants including fire separation from adjacent
buildings
•
operation of fixed pump-set controls and status indication
•
provision of additional hydrant services as mentioned in AS
2419
•
provision of suitable facilities for testing internal hydrants
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Schedule 27
•
provisions for connection of fire authority portable relay
booster pump
•
provisions for hard standing for fire appliances
Hazardous buildings
•
suitability of special fire services and site requirements for
hazardous buildings mentioned in the Building Act, section 79
Provision for special hazards
•
suitability of special fire services for the protection of special
hazards as mentioned in the Building Code, clause E1.10
Special automatic fire suppression systems
•
achievement of specified performance
•
location of control valves
•
provision of access for fire service vehicles
•
provision of interface with other systems and direct fire
service alarm
•
suitability of extinguishment media
Sprinklers
•
operation of direct fire service alarm and location of
directional signs
•
operation of pump-set controls and status indications
•
provision of suitable fire protection for special hazards as
mentioned in AS 2118
•
the location of valve room, pump-sets, water alarm and
booster point
Wall-wetting sprinklers
•
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location of isolating valves
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Planning Regulation 2016
Schedule 27
•
provision of suitable signs
Large isolated buildings
•
suitability of site provisions for access by fire authority
vehicles
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Planning Regulation 2016
Schedule 28
Schedule 28
Development impacting on
State transport infrastructure
and thresholds
schedule 16 [Referral agency assessment for assessable
development under local categorising instrument], part 5, table 1
[Development impacting on State transport infrastructure]
Column 1
Purpose
Column 2
Threshold
for LGA
population 1
Column 3
Threshold
for LGA
population 2
Material change of use of premises made assessable under a
local categorising instrument
1
Accommodation activity, other
than a residential care facility
200 dwellings or
premises designed to
accommodate 300
people
50 dwellings or
premises designed to
accommodate 75
people
2
3
4
5
Club
Hotel
Function facility
Theatre
8000m2 gross floor
area or seating
capacity for 1500
people
4000m2 gross floor
area or seating
capacity for 1500
people
6
7
8
8000m2 gross floor
area
4000m2 gross floor
area
9
Shop
Showroom
Shopping centre (including
theatres, food and drink outlets
and offices)
Hardware and trade supplies
10
Office
12000m2 gross floor
area
6000m2 TSA
11
12
Hospital
Residential care facility
100 beds
50 beds
13
Educational establishment that is
1, or a combination, of the
following—
(a) a primary school;
(b) a secondary school;
(c) a college;
(d) a university;
(e) a technical institute
All new
establishments and
extensions to existing
establishments likely
to accommodate an
additional 100
students
All new
establishments and
extensions to existing
establishments likely
to accommodate an
additional 100
students
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Planning Regulation 2016
Schedule 28
Column 1
Purpose
Column 2
Threshold
for LGA
population 1
Column 3
Threshold
for LGA
population 2
14
15
Tourist attraction
Major sport, recreation and
entertainment facility
5000m2 TSA
or if totally indoor
8000m2 gross floor
area
5000m2 TSA
or if totally indoor
4000m2 gross floor
area
16
17
Extractive industry
High impact industry (other than
an abattoir)
Special industry
Using machinery
having an annual
throughput of
product of 10,000t
Using machinery
having an annual
throughput of
product of 10,000t
19
20
Intensive animal husbandry
High impact industry that is an
abattoir
Total facility capacity
of—
(a) for
cattle—2000
head; or
(b) for pigs—3000
head; or
(c) for sheep—
10,000 head; or
(d) for poultry—
200,000 birds
Total facility capacity
of—
(a) for
cattle—2000
head; or
(b) for pigs—3000
head; or
(c) for sheep—
10,000 head; or
(d) for poultry—
200,000 birds
21
One, or a combination, of the
following—
(a) warehouse;
(b) medium impact industry;
(c) low impact industry
16,000m2 gross floor
area (combined total)
8000m2 gross floor
area (combined total)
22
Car park (including heavy
vehicle parking)
5000m2 TSA
5000m2 TSA
23
Airport, bus or ferry terminal
All
All
18
Reconfiguring a lot
24
Accommodation activity
200 dwellings
50 dwellings
25
Business activity
12,000m TSA
(combined total)
3000m2 TSA
(combined total)
26
Industry activity
32,000m2 TSA
(combined total)
16,000m2 TSA
(combined total)
2
Operational works
27
Filling or excavation not
associated with a material
change of use of premises or
reconfiguring a lot
10,000t
10,000t
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Planning Regulation 2016
Schedule 29
Schedule 29
Clearing of native vegetation
that is not assessable
development
schedule 12 [Operational work that is assessable development],
section 2 [Assessable development [sch 3, part 1, table 4, item 1]
Part 1
1
Clearing and other activities or
matters—general
Clearing and other activities or matters for premises
generally
(1)
(2)
Clearing vegetation under a development approval for a
material change of use of premises or reconfiguring a lot if—
(a)
the approval is given for a development application for
which the chief executive is a referral agency in relation
to vegetation clearing; or
(b)
the approval relates to premises less than 5ha and is
given for a development application for which a local
government is the assessment manager.
Clearing an area of vegetation within a watercourse or lake for
an activity, other than an activity relating to a material change
of use of premises or the reconfiguring of a lot, if—
(a)
the clearing is—
(i)
subject to an approval process and is approved
under the Act or another Act; or
(ii) a necessary and unavoidable consequence of an
activity permitted by a permit given under the
Water Act 2000, section 269; or
(iii) a necessary and unavoidable consequence of an
activity carried out under the document called
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Planning Regulation 2016
Schedule 29
‘Riverine
Protection
Permit
Exemption
Requirements’ approved by the chief executive of
the department responsible for administering the
Water Act 2000 and published on that department’s
website; and
(b)
either—
(i)
the clearing is under an accepted development
vegetation clearing code other than if the
vegetation is in an area shown on the regulated
vegetation management map or a PMAV as a
category A area; or
(ii) the area is less than 0.5ha of a least concern
regional ecosystem shown on the regulated
vegetation management map or PMAV as a
category B area; or
(iii) the area is less than 0.5ha shown on the regulated
vegetation management map or PMAV as a
category C, R or X area.
(3)
Clearing vegetation in an area declared under the Vegetation
Management Act, section 19F if the clearing is carried out—
(a)
under the management plan for the area; and
(b)
for any of the following purposes—
(i)
a purpose mentioned in the Vegetation
Management Act, section 22A(2)(b), (c), (f), (g),
(h) or (j);
(ii) the purpose of establishing a necessary fence,
firebreak, road or vehicular track and the clearing
can not reasonably be avoided or minimised.
(4)
Clearing vegetation—
(a)
under a land management agreement for a lease under
the Land Act; and
(b)
for 1 or more of the purposes mentioned in the
Vegetation Management Act, section 22A(2)(b), (c), (d),
(f), (g), (h) or (j).
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Planning Regulation 2016
Schedule 29
(5)
A traditional Aboriginal or Torres Strait Islander cultural
activity, other than a commercial activity.
(6)
A resource activity as defined under the Environmental
Protection Act, section 107.
(7)
Development for geothermal exploration carried out under a
geothermal exploration permit under the Geothermal Energy
Act 2010.
(8)
Clearing vegetation, for an airport-related purpose, on airport
premises.
(9)
An activity under the Fire and Emergency Services Act 1990,
section 53, 68 or 69.
(10)
An activity under—
(a)
the Electricity Act 1994, section 101 or 112A; or
(b)
the Electricity Regulation 2006, section 17.
(11)
An activity authorised under the Forestry Act 1959.
(12)
Clearing vegetation on premises in an area for which an area
management plan under the Vegetation Management Act,
section 20J is in force at the time of the clearing if—
(a)
the clearing is done by the owner of the premises, within
the meaning of the Vegetation Management Act, or a
person authorised by the owner; and
(b)
the clearing complies with the area management plan,
including any condition of the plan requiring the owner
to give notice of the clearing to the chief executive
responsible for administering the Vegetation
Management Act.
(13)
Clearing vegetation on land mentioned in the Forestry Act
1959, section 55(1)(b), (c) or (d) to the extent the clearing is
for accessing and extracting quarry material for road works
under the Transport Infrastructure Act.
(14)
Clearing vegetation for the construction or maintenance of
infrastructure mentioned in schedule 5 [Infrastructure] if—
(a)
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the clearing is on designated premises; or
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Planning Regulation 2016
Schedule 29
(b)
(15)
the infrastructure is government supported transport
infrastructure.
Clearing vegetation in an area for which a disaster situation
declaration has been made if the clearing—
(a)
is necessary to prevent or minimise—
(i)
loss of human life, or illness or injury to humans;
or
(ii) property loss or damage; or
(iii) damage to the environment; and
(b)
happens during the period that started when the disaster
situation declaration was made and ends on the later of
the following days—
(i)
the day that is 1 year after the day on which the
disaster situation declaration was made; or
(ii) another day decided by the chief executive by
notice.
(16)
Clearing vegetation that is necessary to carry out a cadastral
survey of an existing property boundary, a geotechnical
survey or a geological survey, if the area cleared is—
(a)
for an area in which a survey is conducted—a maximum
area of 10m by 10m; and
(b)
for an area necessary for reasonable access to an area
mentioned in paragraph (a)—a maximum of 10m wide.
(17)
Clearing vegetation that is necessary to remediate
contaminated land recorded in the environmental management
register or contaminated land register.
(18)
Clearing vegetation that is necessary to carry out activities
authorised to be carried out at land on which an abandoned
mine exists under the Mineral Resources Act 1989, section
344A.
(19)
Clearing vegetation to which the Vegetation Management Act
does not apply.
(20)
In this section—
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Planning Regulation 2016
Schedule 29
airport premises means premises used, or intended to be used,
completely or partly for an airport-related purpose.
airport-related purpose, in relation to the use or intended use
of airport premises, means—
(a)
the construction, operation or maintenance of a strategic
airport, including—
(i)
air transport infrastructure; and
(ii) core airport infrastructure located on airport land;
or
(b)
an activity or facility supporting the economical,
efficient or safe functioning of a strategic airport; or
Examples for paragraph (b)—
•
manufacturing aircraft or aircraft components
• servicing aircraft
(c)
an activity or facility supporting the financial viability
of a strategic airport; or
Examples for paragraph (c)—
(d)
•
operating an air charter business or air freight depot
•
operating a flight training or skydiving business
for premises on airport land—development consistent
with the land use plan for the airport land.
disaster situation declaration, for an area, means a
declaration of a disaster situation for the area under the
Disaster Management Act 2003, section 64 or 69 if—
(a)
the declaration relates to an event mentioned in section
16(1)(a) of that Act; and
(b)
the disaster situation has not ended under section 71 of
that Act.
remediate, contaminated land, see the Environmental
Protection Act, schedule 4.
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Planning Regulation 2016
Schedule 29
Part 2
2
Clearing for particular land
Freehold land
For freehold land, clearing vegetation that is—
(a)
for a forest practice; or
(b)
residential clearing; or
(c)
necessary for essential management; or
(d)
in an area shown on the regulated vegetation
management map or a PMAV as a category X area; or
(e)
for urban purposes in a prescribed urban area if the
vegetation is—
(i)
regulated regrowth vegetation; or
(ii) an of concern regional ecosystem or a least
concern regional ecosystem shown on the
regulated vegetation management map or a PMAV
for the area as a category B area; or
(f)
necessary for routine management in an area of the land
if the vegetation is—
(i)
regulated regrowth vegetation; or
(ii) a least concern regional ecosystem shown on the
regulated vegetation management map or a PMAV
as a category B area; or
(g)
PDA-related development; or
(h)
under an accepted development vegetation clearing
code, other than clearing in an area shown on the
regulated vegetation management map or a PMAV as a
category A area; or
(i)
for development—
(i)
that is for an extractive industry, as defined under
the Vegetation Management Act, schedule, in a key
resource area; and
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Planning Regulation 2016
Schedule 29
(ii) to the extent the clearing involves clearing
regulated regrowth vegetation, other than in an area
shown on the regulated vegetation management
map or a PMAV as a category A area; or
(j)
for development—
(i)
that is a significant community project; and
(ii) to the extent the clearing involves clearing
regulated regrowth vegetation, other than in an area
shown on the regulated vegetation management
map or a PMAV as a category A area.
3
Indigenous land
For indigenous land, clearing vegetation that is—
(a)
for a forest practice, other than on land on which the
State owns the trees; or
(b)
residential clearing; or
(c)
necessary for essential management; or
(d)
in an area shown on the regulated vegetation
management map or a PMAV as a category X area; or
(e)
for urban purposes in a prescribed urban area if the
vegetation is—
(i)
regulated regrowth vegetation; or
(ii) an of concern regional ecosystem or a least
concern regional ecosystem shown on the
regulated vegetation management map or a PMAV
for the area as a category B area; or
(f)
necessary for routine management in an area of the land
if the vegetation is—
(i)
regulated regrowth vegetation; or
(ii) a least concern regional ecosystem shown on the
regulated vegetation management map or a PMAV
as a category B area; or
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Planning Regulation 2016
Schedule 29
(g)
gathering, digging or removing forest products for use
under the Aboriginal and Torres Strait Islander
Communities (Justice, Land and Other Matters) Act
1984, section 62; or
(h)
PDA-related development; or
(i)
under an accepted development vegetation clearing
code, other than in an area shown on the regulated
vegetation management map or a PMAV as a category A
area; or
(j)
for development—
(i)
that is for an extractive industry, as defined under
the Vegetation Management Act, schedule, in a key
resource area; and
(ii) to the extent the clearing involves clearing
regulated regrowth vegetation, other in an area
shown on the regulated vegetation management
map or a PMAV as a category A area; or
(k)
for development—
(i)
that is a significant community project; and
(ii) to the extent the clearing involves clearing
regulated regrowth vegetation, other than in an area
shown on the regulated vegetation management
map or a PMAV as a category A area.
4
Land subject to a lease under the Land Act
(1)
For land subject to a lease under the Land Act for agriculture
or grazing purposes, clearing vegetation that is—
(a)
residential clearing; or
(b)
necessary for essential management; or
(c)
in an area shown on the regulated vegetation
management map or a PMAV as a category X area; or
(d)
under an accepted development vegetation clearing
code, other than in an area shown on the regulated
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Planning Regulation 2016
Schedule 29
vegetation management map or a PMAV as a category A
area; or
(e)
necessary for routine management in an area of the land
if the vegetation is—
(i)
regulated regrowth vegetation; or
(ii) a least concern regional ecosystem shown on the
regulated vegetation management map or a PMAV
as a category B area; or
(f)
for development—
(i)
that is for an extractive industry, as defined under
the Vegetation Management Act, schedule, in a key
resource area; and
(ii) to the extent the clearing involves clearing
regulated regrowth vegetation, other than in an area
shown on the regulated vegetation management
map or a PMAV as a category A area; or
(g)
for development—
(i)
that is a significant community project; and
(ii) to the extent the clearing involves clearing
regulated regrowth vegetation, other than in an area
shown on the regulated vegetation management
map or a PMAV as a category A area.
(2)
Page 294
For land subject to a lease under the Land Act, other than a
lease for agriculture or grazing purposes, clearing vegetation
that is consistent with the purposes of the lease and is—
(a)
residential clearing; or
(b)
necessary for essential management; or
(c)
in an area shown on the regulated vegetation
management map or a PMAV as a category R area or
category X area; or
(d)
under an accepted development vegetation clearing
code, other than in an area shown on the regulated
vegetation management map or a PMAV as a category A
area; or
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Planning Regulation 2016
Schedule 29
(e)
for urban purposes in a prescribed urban area if the
vegetation is—
(i)
regulated regrowth vegetation; or
(ii) an of concern regional ecosystem or a least
concern regional ecosystem shown on the
regulated vegetation management map or a PMAV
for the area as a category B area; or
(f)
necessary for routine management in an area of the land
if the vegetation is—
(i)
regulated regrowth vegetation; or
(ii) a least concern regional ecosystem shown on the
regulated vegetation management map or a PMAV
as a category B area.
5
Land that is a road under the Land Act
For land that is a road under the Land Act, clearing vegetation
that is—
(a)
carried out by a local government, or by or for the chief
executive responsible for administering the Transport
Infrastructure Act, if the clearing—
(i)
is necessary to construct or maintain road
infrastructure or to source construction material for
roads; or
(ii) is in an area shown on the regulated vegetation
management map or a PMAV as a category R area
or category X area; or
(b)
carried out by a local government to remove—
(i)
declared pests in compliance with the local
government’s pest management plan under the
Land Protection (Pest and Stock Route
Management) Act 2002; or
(ii) vegetation that is not native vegetation; or
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6
(c)
necessary to remove or reduce the imminent risk that the
vegetation poses of serious personal injury or damage to
infrastructure; or
(d)
by fire under the Fire and Emergency Services Act 1990
to reduce hazardous fuel load; or
(e)
necessary to maintain infrastructure located on the road,
other than fences; or
(f)
necessary to maintain an existing boundary fence to the
maximum width of 3m; or
(g)
necessary for reasonable access to adjoining land from
the existing formed road for a maximum width of 10m;
or
(h)
necessary to maintain an existing firebreak or garden
located on the road; or
(i)
under an accepted development vegetation clearing
code, other than in an area shown on the regulated
vegetation management map or a PMAV as a category A
area.
Particular trust land under the Land Act
(1)
This section applies to land that is trust land under the Land
Act, other than indigenous land.
(2)
Clearing vegetation that is carried out, or permitted to be
carried out, by the trustee, is consistent with achieving the
purpose of the trust, and is—
(a)
necessary for essential management; or
(b)
in an area shown on the regulated vegetation
management map or a PMAV as a category R area or
category X area; or
(c)
to remove—
(i)
declared pests in compliance with the relevant pest
management plan under the Land Protection (Pest
and Stock Route Management) Act 2002; or
(ii) vegetation that is not native vegetation; or
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(d)
for urban purposes in a prescribed urban area if the
vegetation is either of the following shown on the
regulated vegetation management map or a PMAV for
the area as a category B area—
(i)
an of concern regional ecosystem;
(ii) a least concern regional ecosystem; or
7
(e)
necessary for routine management in an area of the land
if the vegetation is a least concern regional ecosystem
shown on the regulated vegetation management map or
a PMAV for the area as a category B area; or
(f)
under an accepted development vegetation clearing
code, other than in an area shown on the regulated
vegetation management map or a PMAV as a category A
area.
Unallocated State land
For land that is unallocated State land, clearing vegetation that
is carried out, or permitted to be carried out, by the chief
executive responsible for administering the Land Act and is—
(a)
necessary for essential management; or
(b)
to control declared pests or vegetation that is not native
vegetation; or
(c)
PDA-related development; or
(d)
in an area shown on the regulated vegetation
management map or a PMAV as a category R area or
category X area; or
(e)
necessary for routine management in an area of the land
if the vegetation is a least concern regional ecosystem
shown on the regulated vegetation management map or
a PMAV for the area as a category B area; or
(f)
under an accepted development vegetation clearing
code, other than in an area shown on the regulated
vegetation management map or a PMAV as a category A
area.
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8
Land subject to a licence or permit under the Land Act
For land that is subject to a licence or permit under the Land
Act, clearing vegetation that is carried out by the licensee or
permittee and is—
(a)
necessary for essential management; or
(b)
PDA-related development; or
(c)
in an area shown on the regulated vegetation
management map or a PMAV as a category R area or
category X area; or
(d)
for urban purposes in a prescribed urban area if the
vegetation is either of the following shown on the
regulated vegetation management map or a PMAV for
the area as a category B area—
(i)
an of concern regional ecosystem;
(ii) a least concern regional ecosystem; or
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(e)
necessary for routine management in an area of the land
if the vegetation is a least concern regional ecosystem
shown on the regulated vegetation management map or
a PMAV for the area as a category B area; or
(f)
under an accepted development vegetation clearing
code, other than in an area shown on the regulated
vegetation management map or a PMAV as a category A
area.
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Schedule 30
Schedule 30
Publicly accessible documents
section 62
Part 1
1
Preliminary
Definition for sch 30
In this schedule—
development application includes a development application
made under the old Act.
Part 2
2
Requirements for local
governments
Documents local government must keep available for
inspection and purchase
(1)
A local government must keep the following documents
available for inspection and purchase—
(a)
each current State planning instrument that applies to
the local government area;
(b)
each public notice repealing a State planning instrument
that applied to the local government area;
(c)
each current local planning instrument for the local
government area, including any LGIP;
(d)
each notice, and any amended notice, given by the chief
executive to the local government under section 17(3)
[Making or amending planning schemes] of the Act;
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(e)
each proposed local planning instrument for the local
government area, including any proposed amendments
of a local planning instrument;
(f)
each amendment of a local planning instrument made by
the local government;
(g)
each public notice published by the local government
about—
(i)
making or amending a local planning instrument;
or
(ii) repealing a TLPI or planning scheme policy; or
(iii) reviewing a planning scheme;
(h)
a copy of any written reasons given to the chief
executive under section 22(2)(a) [Reviewing planning
schemes] of the Act;
(i)
each superseded planning scheme for the local
government area;
(j)
each repealed or expired TLPI for the local government
area;
(k)
each explanatory statement, report, study, supporting
material or document used in the preparation of a local
planning instrument or LGIP for the local government
area;
(l)
each document mentioned in the local government’s
LGIP;
(m) any notice given to the local government by the Minister
under section 23 [Power of Minister to direct action be
taken] or 24 [Power of Minister to take urgent action] of
the Act;
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(n)
any report prepared by the local government under the
rules mentioned in section 27(4)(e) [When this division
applies] of the Act;
(o)
each current designation made by the local government;
(p)
a register (the designation register) of all designations
made by the local government that are in effect;
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(q)
any notice given to the local government by the Minister
under section 34(2) or (5) [Process for making or
amending designation], 35(2) [Process after making or
amending designation], 36(3)(a) [Duration of
designation]
or
37(2)(a)
[Repealing
designation—designator] of the Act;
(r)
any notice given or published by the local government
under section 34(6) [Process for making or amending
designation] about making or amending a designation;
(s)
any notice given by the local government under section
35(2) [Process after making or amending designation],
36(3)(b)[Duration of designation] or 37(2)(b)
[Repealing designation—designator] of the Act;
(t)
each exemption certificate given by the local
government under section 41 [Exemption certificate for
some assessable development] of the Act;
(u)
a register (the exemption certificate register) of all
exemption certificates given by the local government
under section 44 [Exemption certificate for some
assessable development] of the Act;
(v)
if the local government keeps a list of persons who are
appropriately qualified to be an assessment manager for
a development application—the list of persons,
including—
(i)
the date each person was included on the list; and
(ii) the qualifications, contact details and website
address, if any, of each person on the list;
(w) each charges resolution of the local government;
(x)
a register (the infrastructure charges register) of all
infrastructure charges levied by the local government;
(y)
each infrastructure agreement to which the local
government is a party, or a copy of which is given to the
local government under section 151 [Copy of
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infrastructure agreement
government] of the Act;
(z)
to
be
given
to
local
each breakup agreement to which the local government
is a party;
(za) each show cause notice and enforcement notice—
(i)
given by the local government under the Act or the
Building Act; or
(ii) a copy of which was given to the local government
under the Act or the Building Act by an
enforcement authority or private certifier;
(zb) any notice given by, or to, the local government about
withdrawing a show cause notice or enforcement notice;
(zc) each enforcement order made by the P&E Court on the
application of the local government;
(zd) the local government’s register mentioned in the
Building Act, section 251;
(ze) the local government’s register of resolutions about land
liable to flooding made under the Building Act;
(zf) each exemption given by the local government under the
Building Act, chapter 8, part 2, division 3 or 4;
(zg) each document given to the local government by a
private certifier (class A) under the Building Act,
section 86(1);
(zh) each record the local government must keep under the
Building Act, section 230;
(zi) all development information the local government has
about building development applications, other than
information that may be purchased from the registrar of
titles.
(2)
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The designation register must, for each designation made by
the local government, include the following information—
(a)
the day the designation was made;
(b)
the real property description of the designated premises;
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(3)
(4)
(c)
the type of infrastructure, and details of the
development, for which the premises has been
identified;
(d)
any requirements for the infrastructure that are included,
or taken to be included, in the designation.
The exemption certificate register must, for each exemption
certificate given by the local government, include the
following information—
(a)
the day the certificate was given;
(b)
the real property description of the premises to which
the certificate applies;
(c)
the name of the person to whom the certificate was
given;
(d)
the development for which a development approval is
not required;
(e)
whether the exemption certificate is in effect and, if not,
the day the certificate ceased to have effect.
The infrastructure charges register must, for each charge
levied by the local government, include the following
information—
(a)
the real property description of the premises to which
the charge applies;
(b)
the charges resolution under which the charge was
levied;
(c)
the amount of the charge levied;
(d)
how the charge was worked out;
(e)
if an automatic increase provision applies to the
charge—
(i)
that the charge is subject to automatic increases;
and
(ii) how the increases are worked out under the
provision;
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(f)
if all or part of the charge has been paid—the amount
paid and the day on which it was paid;
(g)
if the charge has not been paid in full—the amount of
the charge unpaid;
(h)
details of any offset or refund given;
(i)
if the charge was levied as a result of a development
approval—the approval reference number and the day
the approval will lapse;
(j)
if infrastructure is to be provided instead of paying the
charge—details of any infrastructure still to be
provided;
(k)
if the levied charge is the subject of an infrastructure
agreement—details of the agreement.
(5)
A State planning instrument mentioned in subsection (1)(a)
must be kept available for inspection and purchase from when
the instrument is made until it is repealed or replaced, or
otherwise expires.
(6)
A proposed local planning instrument, or amendment of a
local planning instrument, (the instrument) mentioned in
subsection (1)(e) must be kept available for inspection and
purchase for the period—
(a)
starting—
(i)
if the instrument is publicly notified—the day the
instrument is publicly notified; or
(ii) otherwise—the day the instrument is proposed to
be made; and
(b)
ending the day the instrument is made, or the local
government decides not to make the instrument.
(7)
A notice mentioned in subsection (1)(g)(iii) must be kept
available for inspection and purchase for 40 business days
after the notice is published.
(8)
Despite subsection (1), the obligation under subsection (1)(zi)
only applies if the person seeking the development
information applies for the information in the approved form.
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(9)
In this section—
development information, for a building development
application, means information about any of the following—
(a)
the physical characteristics and location of infrastructure
related to the application;
(b)
local government easements, encumbrances or estates or
interests in land likely to be relevant to the application;
(c)
site characteristic information likely to affect the
assessment of the application.
Examples of information mentioned in paragraph (c)—
3
•
design levels of proposed road or footway works
•
design or location of stormwater connections
•
design or location of vehicle crossings
•
details of any Queensland heritage place or local heritage
place
•
discharge of swimming pool backwash water
•
flood level information
•
limitations on driveway gradients
•
limitations on the capacity of sewerage, stormwater and
water supply services
•
location of any erosion control districts
•
location of contaminated land
•
location of land-slip areas
•
location of mine subsidence areas
Documents local government must keep available for
inspection only
(1)
A local government must keep the following documents
available for inspection only—
(a)
if the local government removes a person from a list
mentioned in section 2(1)(v)—a register of all persons
removed from the list which includes the following
information for each person removed—
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(i)
the person’s name and contact details; and
(ii) the date the person was originally included in the
list, and the date the person was removed from the
list;
(b)
a register of all development applications made to a
private certifier as assessment manager.
(2)
Subsection (1)(b) does not apply for a development
application until the local government has been given a copy
of the decision notice for the application, or advised by the
private certifier that the application has lapsed or been
withdrawn.
(3)
The register mentioned in subsection (1)(b) must include the
following information for each development application—
(a)
the name and contact details of the private certifier;
(b)
the name and address of the applicant;
(c)
the day the application was made;
(d)
a property description that identifies the premises or the
location of the premises;
(e)
the type of development applied for;
(f)
the names of any referral agencies;
(g)
whether the application was withdrawn, lapsed or
decided;
(h)
if the application was decided—
(i)
the day it was decided; and
(ii) whether the application was approved, approved
subject to conditions or refused; and
(iii) whether the application was taken to have been
approved under section 62 [Deemed approval of
applications] of the Act; and
(iv) for an application approved subject to
conditions—whether any of the conditions
included the conditions of a referral agency, and if
so, the name of the referral agency; and
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(v) whether a negotiated decision notice was also
given for the application and if so, the day it was
given; and
(vi) for an application that was approved—whether a
later change or extension application for the
approval has been approved and, if so, the day the
application was approved; and
(vii) if there was an appeal about the decision—whether
the decision was changed because of the outcome
of the appeal;
(i)
4
if an approval for the application has
cancelled—the day the cancellation took effect.
been
Documents local government must or may publish on
website
(1)
A local government must publish the documents mentioned in
section 2(1)(c), (e) to (j), (n), (p) and (r) to (w) on the local
government’s website.
(2)
A proposed local planning instrument, or amendment of a
local planning instrument, mentioned in section 2(1)(e) must
be kept on the website for the period mentioned in section
2(6).
(3)
A notice mentioned in section 2(1)(g)(iii) must be kept on the
website for 40 business days after the notice is published.
(4)
A local government may publish the following documents on
the local government’s website—
(a)
a document mentioned in section 2(1)(d), (x), (z), (za) or
(zd) to (zf);
(b)
the register mentioned in section 3(1)(b).
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Part 3
5
Requirements for particular
assessment managers
Application of pt 3
This part applies to an assessment manager, other than a
private certifier.
6
Documents assessment manager must keep available for
inspection and purchase
(1)
(2)
Page 308
The assessment manager must, for each development
application made to the assessment manager, keep the
following documents available for inspection and purchase—
(a)
the application and any supporting material for the
application;
(b)
any request made by the assessment manager to the
applicant requesting further information about the
application and any response to the request;
(c)
any referral agency response for the application;
(d)
any properly made submission about the application.
If the assessment manager is a prescribed assessment
manager, the assessment manager must also keep the
following documents available for inspection and purchase—
(a)
for each building development application for a building
that is approved by the assessment manager—the
application and the approval documents for the
application as defined under the Building Act;
(b)
any direction given to the assessment manager by the
Minister, or a copy of which is given to the assessment
manager, under chapter 3, part 7, division 2 of the Act;
(c)
any call in notice or proposed call in notice given to the
assessment manager;
(d)
each decision notice for a development application,
change application or extension application, and each
negotiated decision notice, given by the assessment
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manager, including any plans and specifications
approved by the assessment manager in relation to the
notice;
(3)
(4)
(e)
each decision notice for a development application,
change application or extension application, and each
negotiated decision notice, a copy of which was given to
the assessment manager by a chosen assessment
manager;
(f)
each deemed approval notice given to the assessment
manager;
(g)
each changed referral agency response given to the
assessment manager under section 81 [Notice of
decision] of the Act;
(h)
each agreement to which the assessment manager or a
referral agency is a party about a condition of a
development approval;
(i)
each show cause notice and enforcement notice given by
the assessment manager as an enforcement authority;
(j)
each notice given by the assessment manager
withdrawing a show cause notice or enforcement notice;
(k)
each enforcement order made by the P&E Court on the
application of the assessment manager as an
enforcement authority.
The documents mentioned in subsection (1) must be kept
available for inspection and purchase from when the
assessment manager receives the development application
until—
(a)
the application is withdrawn or lapses; or
(b)
if paragraph (a) does not apply—the end of the last
period during which an appeal may be made against a
decision on the application.
The obligation under subsection (2)(a) applies only until—
(a)
if the building the subject of the approval is a class 10
building, other than a swimming pool fence, the earlier
of the following to happen—
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(i)
the building’s demolition or removal;
(ii) the end of 10 years from when the approval was
given; or
(b)
if the building the subject of the approval is of any other
class or is a swimming pool fence—the building’s
demolition or removal.
(5)
The obligation under subsection (2)(c) applies in relation to a
proposed call in notice for an application only until the
Minister gives a call in notice for the application, or decides
not to call in the application.
(6)
In this section—
supporting material, for a development application, means
any material, including site plans, elevations and supporting
reports, about the aspect of the application assessable against
or having regard to the planning scheme that—
7
(a)
was given to the assessment manager by the applicant;
and
(b)
is in the assessment manager’s possession when the
request to inspect and purchase is made.
Documents assessment manager must keep available for
inspection only
(1)
(2)
The assessment manager must keep available for inspection
only—
(a)
a register of all development applications made to the
assessment manager; and
(b)
if the assessment manager is a prescribed assessment
manager—a register of all development applications
made to a chosen assessment manager instead of the
prescribed assessment manager.
However—
(a)
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the obligation under subsection (1)(a) stops applying to
a person that is a chosen assessment manager if the
person is removed from the list of persons appropriately
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qualified to be an assessment manager held by the
prescribed assessment manager; and
(b)
subsection (1)(a) does not apply for a development
application until the decision notice for the application
has been given, or was required to be given, or the
application lapses or is withdrawn; and
(c)
subsection (1)(b) does not apply for a development
application until the prescribed assessment manager has
been—
(i)
given a copy of the decision notice for the
application; or
(ii) advised by the chosen assessment manager that the
application has lapsed or been withdrawn.
(3)
8
The registers must include the following information for each
development application—
(a)
the information stated in section 3(3), other than section
3(3)(a);
(b)
if the application was made to a chosen assessment
manager—the name and contact details of the chosen
assessment manager;
(c)
whether the application required [standard/code?] or
[merit/impact?] assessment, or both [standard/code?]
and [merit/impact?] assessment;
(d)
whether public notification of the application was
required.
Documents assessment manager must or may publish on
website
(1)
The assessment manager must publish the following
documents on the assessment manager’s website—
(a)
the documents mentioned in section 6(1);
(b)
if the assessment manager is a prescribed assessment
manager—the documents mentioned in section 6(2)(d)
to (h);
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(c)
the register mentioned in section 7(1)(a).
(2)
A document mentioned in section 6(1) must be kept on the
website for the period mentioned in section 6(3), but may be
kept on the website after that period has ended.
(3)
The obligation under subsection (1)(c) stops applying to a
person that is a chosen assessment manager if the person is
removed from the list of persons appropriately qualified to be
an assessment manager held by the prescribed assessment
manager.
(4)
A prescribed assessment manager may keep the following
documents on the assessment manager’s website—
(a)
for each development application, change application,
extension application or cancellation application made
to the prescribed assessment manager, or to a chosen
assessment manager instead of the prescribed
assessment manager—
(i)
all the material about the application the
assessment manager has received before the
application is decided;
(ii) each notice, request or agreement about the
application given or made under the Act or
development assessment rules; or
(iii) all correspondence about the application between
the applicant, the assessment manager, a referral
agency or a submitter;
(b)
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a document mentioned in section 6(2)(i) to (k).
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Part 4
9
Requirements for referral
agencies
Documents referral agency must keep available for
inspection and purchase
A referral agency must keep the following documents
available for inspection and purchase—
10
(a)
each agreement to which the referral agency is a party
about a condition of a development approval;
(b)
each show cause notice and enforcement notice given by
the referral agency as an enforcement authority;
(c)
each notice given by the referral agency withdrawing a
show cause notice or enforcement notice;
(d)
each enforcement order made by the P&E Court on the
application of the referral agency as an enforcement
authority.
Documents referral agency must keep available for
inspection only
(1)
A referral agency must keep available for inspection only a
register of all development applications given to the referral
agency under section 52 [Copy of application to referral
agency] of the Act.
(2)
Subsection (1) does not apply for a development application
until the decision notice for the application has been given, or
was required to be given, or the application lapses or is
withdrawn.
(3)
The register must include the following information for each
development application given to the referral agency—
(a)
the day the application was given to the referral agency;
(b)
the applicant’s name and address;
(c)
a property description that identifies the premises or the
location of the premises;
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11
(d)
a description of the proposed development;
(e)
information about the referral agency’s powers in
assessing the development application;
(f)
whether a referral agency response was given by the
referral agency and, if so, the day the response was
given;
(g)
if the development application was approved—whether
a change application for the approval has been made to
the referral agency as the responsible entity and, if the
change application was approved, the day it was
approved.
Documents referral agency may publish on website
A referral agency may publish the following documents on
the referral agency’s website—
(a)
a document mentioned in section 9;
(b)
the register mentioned in section 10(1);
(c)
for each development application given to the referral
agency under section 52 [Copy of application to referral
agency] of the Act—
(i)
the application and all the material about the
application the referral agency has received before
the application is decided;
(ii) any request made by the referral agency to the
applicant requesting further information about the
application and any response to the request;
(iii) the referral agency’s response for the application;
(iv) each notice, request or agreement about the
application given or made under the Act or
development assessment rules; or
(v) all correspondence about the application between
the applicant, assessment manager and referral
agency;
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(d)
for each change application made to the referral agency
as the responsible entity—
(i)
all the material about the application the referral
agency has received before the application is
decided;
(ii) each notice, request or agreement about the
application given or made under the Act or
development assessment rules; or
(iii) all correspondence about the application between
the applicant, the assessment manager and the
referral agency.
Part 5
12
Requirements for chief
executive
Documents chief executive must keep available for
inspection and purchase
(1)
The chief executive must keep the following documents
available for inspection and purchase—
(a)
each current State planning instrument;
(b)
each proposed State planning instrument, including any
proposed amendments of a State planning instrument,
and any explanatory statements prepared for the
instrument or amendment;
(c)
each public notice published by the Minister under
section 9 [Making or amending State planning
instruments], 10 [Minor amendments to State planning
instruments], 11 [Making temporary State planning
policy] or 12 [Repealing State planning instruments] of
the Act;
(d)
each amendment of a State planning instrument made
under chapter 2, part 2 of the Act;
(e)
the Minister’s rules and guidelines;
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(f)
any notice given by the Minister to a local government
under section 23(6) [Power of Minister to direct action
be taken] or 24(2) [Power of Minister to take urgent
action] of the Act;
(g)
the rules made by the Minister under section 27(4)(e) of
the Act;
(h)
the designation process rules made by the Minister
under section 34 [Process for making or amending
designation] of the Act;
(i)
each current designation made by the Minister;
(j)
a register (the designation register) of all designations
made by the Minister that are in effect;
(k)
each notice given to the chief executive by the Minister
under section 35(2) [Process after making or amending
designation], 36(3) [Duration of designation] or 37(2)
[Repealing designation—designator] of the Act;
(l)
the development assessment rules;
(m) if the chief executive keeps a list of persons who are
appropriately qualified to be an assessment manager for
a development application—the list of persons,
including—
(i)
the date each person was included on the list; and
(ii) the qualifications, contact details and website
address, if any, of each person on the list;
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(n)
each exemption certificate given by the chief executive
under section 44 [Exemption certificate for some
assessable development] of the Act;
(o)
a register (the exemption certificate register) of all
exemption certificates given by the chief executive
under section 44 [Exemption certificate for some
assessable development] of the Act;
(p)
any direction given by the Minister under chapter 3, part
7, division 2 of the Act;
(q)
each call in notice and proposed call in notice given by
the Minister;
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(r)
each report prepared by the Minister under section 94(1)
[Report about directions] or 103(1) [Report about call
ins] of the Act;
(s)
each guideline made by the Minister or chief executive
under section 33(3) [Criteria for making or amending
designations], 114(2) [Working out cost of
infrastructure for offset or refund], 115(2) [Criteria for
deciding
conversion
application],
305
[Guideline-making power] or schedule 1 [Dictionary],
definition local government infrastructure plan,
paragraph (a) of the Act;
(t)
each show cause notice and enforcement notice a copy
of which was given to the chief executive under section
168 [Notifying about show cause and enforcement
notices] of the Act;
(u)
any notice given to the chief executive about
withdrawing a show cause notice or enforcement notice;
(v)
each notice of appeal given to the chief executive under
section 228(5) [Appeals to tribunal or P&E Court] of the
Act;
Note: This provision will also require notices of declaration proceedings
to be kept. This issue will be revisited once the P&E Court Rules have
been finalised.
(w) a register of registered premises.
(2)
A proposed State planning instrument, or amendment of a
State planning instrument, (the instrument) mentioned in
subsection (1)(b) must be kept available for inspection and
purchase from when the instrument is publicly notified until
the instrument is made or the Minister decides not to make the
instrument.
(3)
The designation register must, for each designation made by
the Minister, include the following information—
(a)
the day the designation was made;
(b)
the real property description of the designated premises;
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(4)
(5)
13
(c)
the type of infrastructure, and details of the
development, for which the premises has been
identified;
(d)
any requirements for the infrastructure that are included,
or taken to be included, in the designation.
The exemption certificate register must, for each exemption
certificate given by the chief executive, include the following
information—
(a)
the day the certificate was given;
(b)
the real property description of the premises to which
the certificate applies;
(c)
the name of the person to whom the certificate was
given;
(d)
the development for which a development approval is
not required;
(e)
whether the exemption certificate is in effect and, if not,
the day the certificate ceased to have effect.
The register of registered premises must, for each registered
premises, include the following information—
(a)
the real property description of the premises;
(b)
a map of the affected area for the registered premises;
(c)
the day the registration ends;
(d)
whether any conditions have been imposed on the
registration and, if so, what the conditions are;
(e)
the type and level of emissions from the activity carried
out at the premises.
Documents chief executive must keep available for
inspection only
The chief executive must keep the following documents
available for inspection only—
(a)
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each State planning instrument that has been repealed or
replaced, or has otherwise expired;
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(b)
if a current State planning instrument, or a State
planning instrument mentioned in paragraph (a), was
amended—the instrument as in effect just before the
amendment was made;
(c)
all current local planning instruments, including current
LGIPs;
(d)
all amendments of current local planning instruments;
(e)
each public notice published by a local government
about repealing a TLPI or planning scheme policy;
(f)
each notice given to the chief executive by a local
government under section 35(2) [Process after making
or amending designation], 36(3) [Duration of
designation]
or
37(2)
[Repealing
designation—designator] of the Act;
(g)
if the chief executive removes a person from a list
mentioned in section 12(1)(m)—a register of all persons
removed from the list which includes the following
information for each person removed—
(i)
the person’s name and contact details; and
(ii) the date the person was originally included in the
list, and the date the person was removed from the
list.
14
Documents chief executive must or may keep on website
(1)
The chief executive must keep the following documents on the
department’s website—
(a)
a document mentioned in section 12(1)(a) to (e), (g), (h),
(j) to (o), (s) or (w);
(b)
a document mentioned in section 13(a) or (b);
(c)
each notice and amended notice given to a local
government under section 17(3) [Making or amending
planning schemes] of the Act;
(d)
a proposed call in notice given by the Minister.
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(2)
A proposed State planning instrument, or amendment of a
State planning instrument, mentioned in section 12(1)(b) must
be kept on the department’s website for the period stated in
section 12(2).
(3)
The obligation under subsection (1)(d) applies in relation to a
proposed call in notice for an application only until the
Minister gives a call in notice for the application, or decides
not to call in the application
(4)
The chief executive may keep the following documents on the
department’s website—
(a)
any notice given by the Minister to a local government
under 24(2) [Power of Minister to take urgent action] of
the Act;
(b)
a document mentioned in section 12(1)(p), (r) or (t) to
(v);
(c)
a document mentioned in section 13(c) to (f);
(d)
a call in notice given by the Minister.
Part 6
15
Requirements for owners of
registered premises
Requirements for owners of registered premises
(1)
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The owner of registered premises must keep available for
inspection only a document containing the following
information—
(a)
the real property description of the premises;
(b)
a map of the affected area for the registered premises;
(c)
the day the registration ends;
(d)
whether any conditions have been imposed on the
registration and, if so, what the conditions are;
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(e)
(2)
the type and level of emissions from the activity carried
out at the premises.
If the owner of the registered premises has a website for the
premises, the owner must also keep the document mentioned
in subsection (1) on the website.
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Content of planning and
development certificates
section 63
1
Limited planning and development certificates
(1)
(2)
A limited planning and development certificate must include
the following information for premises—
(a)
a summary of the provisions of any planning scheme or
charges resolution applying specifically to the premises;
(b)
if a State planning instrument applies to the premises—a
description of the provisions that apply;
(c)
a description of any designation applying to the
premises;
(d)
a copy of any information recorded for the premises in
the infrastructure charges register.
In this section—
infrastructure charges register see schedule 30 [Public
access], section 2(1)(x).
2
Standard planning and development certificates
(1)
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A standard planning and development certificate, in addition
to the information contained in a limited planning and
development certificate, must include, or be accompanied by,
the following information for premises—
(a)
a copy of every decision notice or negotiated decision
notice for a development approval in effect for the
premises, including any material that accompanied the
notice when it was given;
(b)
details of any changes made to a development approval
in effect for the premises;
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(c)
details of any approval given to extend the currency
period of a development approval in effect for the
premises;
(d)
a copy of every deemed approval notice relating to the
premises, if the development approval to which the
notice relates has not lapsed;
(e)
a copy of every continuing approval mentioned in the
repealed Integrated Planning Act 1997, section
6.1.23(1)(a) to (d);
(f)
details of any decision to approve or refuse an
application to amend a planning scheme made under the
repealed
Local
Government
(Planning
and
Environment) Act 1990, section 4.3, including any
conditions of approval;
(g)
a copy of every compliance certificate given under the
old Act and in effect at the time the standard planning
and development certificate is given, including any
changes made to the compliance certificate;
(h)
a copy of any exemption certificate for development on
the premises given by the local government under
section 44 of the Act and in effect for the premises;
(i)
a copy of any judgment or order of the P&E Court, a
tribunal or a building and development committee under
the old Act about—
(i)
a development approval in effect for the premises;
or
(ii) a condition included in a compliance certificate in
effect for the premises;
(j)
a copy of any agreement to which the local government
or a referral agency is a party about a condition of a
development approval in effect for the premises;
(k)
a copy of any infrastructure agreement applying to the
premises to which the local government is a party or that
the local government has received a copy of under
section 151 [Copy of infrastructure agreement to be
given to local government] of the Act;
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(l)
a description of each amendment, proposed to be made
by the local government to its planning scheme, that has
not yet been made at the time the certificate is given;
(m) if the premises is within a declared master planned
area—
(i)
a copy of each master plan (a current master plan)
applying to the premises that continues to have
effect under section 331 [Master plans] of the Act;
and
(ii) a copy of each notice of decision or negotiated
decision given under the old Act about a master
plan application under that Act for a current master
plan; and
(iii) a copy of any judgement or order of the P&E Court
or a building and development committee under
the old Act about a condition included in a current
master plan.
(2)
In this section—
amending Act means the Sustainable Planning and Other
Legislation Amendment Act (No. 2) 2012.
declared master planned area means an area identified as a
declared master planned area in a master planned area
declaration.
master planned area declaration means a declaration made
under the old Act, section 133, as in force before the
enactment of the amending Act, that identified an area as a
declared master planned area.
3
Full planning and development certificates
(1)
A full planning and development certificate, in addition to the
information contained in a limited and standard planning and
development certificate, must include, or be accompanied by,
the following information for premises—
(a)
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if there is currently in effect for the premises a
development approval containing conditions (including
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conditions about the carrying out of works or the
payment of money, other than under an infrastructure
agreement)—a statement about the fulfilment or
non-fulfilment of each condition, at a stated day after
the day the certificate was applied for;
(b)
if there is currently in effect for the premises an
infrastructure agreement to which the local government
is a party—
(i)
details of the nature and extent of any obligations
under the agreement that have not been fulfilled;
and
(ii) details of any security required under the
agreement, including whether any payment
required to be made under the security has been
made;
(c)
details of—
(i)
any prosecution for a development offence under
the Act, the old Act or the repealed Integrated
Planning Act 1997 relating to the premises of
which the local government is aware; or
(ii) proceedings for a prosecution for a development
offence under the Act, the old Act or the repealed
Integrated Planning Act 1997 relating to the
premises of which the local government is aware;
(d)
(2)
if a master plan applying to the premises continues to
have effect under section 331 [Master plans] of the Act
and contains conditions (including conditions about the
carrying out of works or the payment of money, other
than under an infrastructure agreement)—a statement
about the fulfilment or non-fulfilment of each condition,
at a stated day after the day the certificate was applied
for.
However, the applicant may request that a full planning and
development certificate be given without the information
normally contained in a limited or standard planning and
development certificate.
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(3)
Page 326
If a condition mentioned in subsection (1)(a) or (d) relates to
the ongoing operating requirements of the use of premises, the
statement need not make reference to the fulfilment or
non-fulfilment of the conditions other than under subsection
(1)(b).
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Schedule 32
Dictionary
Note: Underlined references, other than references in square brackets,
are to the Sustainable Planning Regulation 2009.
section 3
accepted development vegetation clearing code see the
Vegetation Management Act, section 19O(1) and (2).
accepted failure impact assessment, for a dam, for schedule
23 [Particular application fees], means a failure impact
assessment for the dam accepted by the chief executive
responsible for administering the Water Supply Act under
section 349 of that Act.
accommodation activity, for schedule 28 [Development
impacting on State transport infrastructure], means an activity
involving 1 or more of the following uses—
(a)
caretaker’s accommodation;
(b)
community residence;
(c)
dual occupancy;
(d)
dwelling house;
(e)
dwelling unit;
(f)
home-based business;
(g)
multiple dwelling;
(h)
nature-based tourism;
(i)
non-resident workforce accommodation;
(j)
relocatable home park;
(k)
residential care facility;
(l)
resort complex;
(m) retirement facility;
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(n)
rooming accommodation;
(o)
rural workers’ accommodation;
(p)
short-term accommodation;
(q)
tourist park.
additional accepted operational work, for development on a
lot, means operational work that—
(a)
is the clearing of native vegetation for essential
management or routine management, or is the clearing
of vegetation on freehold land, or land subject to a lease
under the Land Act, to the extent necessary for building
a single dwelling on a lot and any reasonably associated
building or structure, if the building of the dwelling is—
(i)
building work for which a development permit has
been given; or
(ii) building work mentioned in schedule 3, part 2,
table 1, item 1; or
(iii) for public housing; and
(b)
would be assessable development under schedule 12
[Operational work that is assessable development],
section 2 (the relevant item) if it were carried out on the
lot immediately before the development happened, but
because of the development is not assessable
development under the relevant item.
aggregate environmental score, for an environmentally
relevant activity, see the Environmental Protection
Regulation, section 14.
agricultural supplies store means the use of premises for the
sale of agricultural supplies and products, including, for
example, chemicals, fertilisers, seeds, bulk veterinary
supplies, farm clothing, saddlery, animal feed and irrigation
materials.
Airport Assets Act means the Airport Assets (Restructuring
and Disposal) Act 2008.
airport land see the Airport Assets Act, section 7.
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air service means the use of premises for 1 or more of the
following activities or facilities—
(a)
the arrival or departure of aircraft;
(b)
housing, servicing, refuelling, maintaining or repairing
aircraft;
(c)
the assembly and dispersal of passengers or goods on or
from an aircraft;
(d)
training and education facilities associated with
aviation;
(e)
aviation facilities;
(f)
an activity that is ancillary to an activity or facility
mentioned in paragraphs (a) to (e) and directly services
the needs of aircraft passengers.
Examples of an air service—
airport, air strip, helipad
air transport infrastructure see the Transport Infrastructure
Act, schedule 6.
alternative solution, for schedule 10 [Building work that is
assessable development], see the Building Act, schedule 2.
ancillary works and encroachments see the Transport
Infrastructure Act, schedule 6.
animal husbandry—
1
Animal husbandry means the use of premises for the
production of animals or animal products on native or
improved pastures or vegetation.
2
Animal husbandry includes yards, stables, temporary
holding facilities and machinery repairs and servicing
that are ancillary to the use mentioned in paragraph 1.
Examples of animal husbandry—
cattle stud, grazing of livestock, non-feedlot dairy
animal keeping—
1
Animal keeping means the use of premises for boarding,
breeding or training animals.
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2
Animal keeping includes holding facilities and
machinery repairs and servicing that are ancillary to the
use mentioned in paragraph 1.
Examples of animal keeping—
aviary, cattery, kennel, stables, wildlife refuge
aquaculture see the Fisheries Act, schedule.
artificial waterway see the Coastal Act, section 8.
assessment manager application fee see schedule 23
[Particular application fees], section 1(1).
assessment manager application fee component, for
schedule 23, see schedule 23 [Particular application fees],
section 1(2).
authorised electricity entity means an entity authorised, or
taken to be authorised, under the Electricity Act 1994, section
116(1), to acquire land.
bar—
1
Bar means the use of premises, other than premises
providing seating for more than 60 people, for the
primary purpose of selling liquor for on-site
consumption.
2
Bar includes the sale of food for on-site consumption
and entertainment activities that are ancillary to the use
mentioned in paragraph 1.
bed and banks—
1
Bed and banks, of a watercourse, means land over which
the water of the watercourse normally flows or that is
normally covered by the water, whether permanently or
intermittently.
2
Bed and banks does not include land adjoining or
adjacent to the bed or banks that is from time to time
covered by floodwater.
Brisbane core port land see the Transport Infrastructure Act,
section 283K.
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Brisbane port LUP means the plan, approved under the
Transport Infrastructure Act, chapter 8, part 3C that regulates
development on Brisbane core port land.
Brisbane port railway land means—
(a)
any part of Brisbane core port land that is leased for
railway purposes; or
(b)
any land completely or partly within Brisbane core port
land, or adjoining Brisbane core port land, if the land is
rail corridor land, as defined under the Transport
Infrastructure Act, schedule 6, or future railway land.
brothel see the Prostitution Act 1999, schedule 4.
budget accommodation building, for schedule 10 [Building
work that is assessable development], see the Building Act,
section 216.
bulk landscape supplies means the use of premises for the
bulk storage and sale of primarily non-packaged landscaping
and gardening supplies, including, for example, soil, gravel,
potting mix and mulch.
business activity means an activity involving 1 or more of the
following uses—
(a)
agricultural supplies store;
(b)
bulk landscape supplies;
(c)
food and drink outlet;
(d)
garden centre;
(e)
hardware and trade supplies;
(f)
market;
(g)
office;
(h)
outdoor sales;
(i)
parking station;
(j)
sales office;
(k)
service station;
(l)
shop;
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(m) shopping centre;
(n)
showroom;
(o)
veterinary service.
busway transport infrastructure
Infrastructure Act, schedule 6.
see
the
Transport
busway transport infrastructure works see the Transport
Infrastructure Act, schedule 6.
caretaker’s accommodation means the use of premises for a
dwelling for a caretaker of a non-residential use on the same
premises.
category 2 levee see the Water Regulation 2002, section
62C(3).
category 3 levee see the Water Regulation 2002, section
62C(4).
category A area means a category A area under the
Vegetation Management Act.
category B area means a category B area under the Vegetation
Management Act.
category C area, for schedule 29 [Clearing of native
vegetation], means a category C area under the Vegetation
Management Act.
category R area, for schedule 29 [Clearing of native
vegetation], means a category R area under the Vegetation
Management Act.
category X area, for schedule 29 [Clearing of native
vegetation], means a category X area under the Vegetation
Management Act.
cemetery means the use of premises for the interment of
bodies or ashes after death.
child care centre means the use of premises for the care,
education and minding, but not residence, of children.
Examples of a child care centre—
before or after school care, crèche, early childhood centre, kindergarten,
vacation care
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class, for a building or structure, means its particular
classification under the Building Code.
club—
1
Club means the use of premises for an association that is
established for social, literary, political, sporting,
athletic or other similar purposes.
2
Club includes the preparation and sale of food and
drink, if the activity is ancillary to the use mentioned in
paragraph 1.
coastal dune means a ridge or hillock of sand or other
material—
(a)
on the coast; and
(b)
built up by the wind.
coastal management see the Coastal Act, section 11.
coastal management district means a coastal management
district under the Coastal Act, other than an area declared as a
coastal management district under section 54(2) of that Act.
Coastal Regulation means the Coastal Protection and
Management Regulation 2003.
commercial purpose includes the use of premises for the
purpose of selling goods or providing a service to the public.
Examples of a commercial purpose—
shop, office, food and drink outlet, health care service
common material, for a development application, means—
(a)
all the material about the application the assessment
manager has received before the application is decided,
including—
(i)
any material relating to a proposed development
application that is substantially similar to the
development application as made; and
(ii) any material attached to, or given with, the
development application; and
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(iii) any material relating to the application given to the
assessment manager after the application is made;
and
(iv) any referral agency response, including any advice
or comment given by a referral agency and any
response given under section 55 [Response before
application] of the Act; and
(v) any submissions that have been accepted by the
assessment manager; and
(vi) any other advice or comment about the application
given to the assessment manager by any person;
and
(b)
if a development approval for the development is in
effect—the approval; and
(c)
an infrastructure agreement that applies to the premises.
community care centre—
1
Community care centre means the use of premises for
the primary purpose of providing social support to
members of the public.
2
Community care centre includes providing medical care
to the public, if the activity is ancillary to the use
mentioned in paragraph 1.
3
However, the term does not include the use of premises
to provide accommodation to members of the public.
Examples of a community care centre—
disability support service, drop-in centre, respite centre, indigenous
support centre
community residence means the use of premises for
residential accommodation for—
(a)
no more than 6 persons requiring assistance or support
with daily living needs; and
(b)
no more than 1 support worker.
community use—
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1
Community use means the use of premises for providing
artistic, social or cultural facilities or community
services to the public.
2
Community use includes the preparation and sale of
food and drink, if the activity is ancillary to the use
mentioned in paragraph 1.
Examples of a community use—
art gallery, community centre, community hall, library, museum
contaminated land see the Environmental Protection Act,
schedule 4.
contaminated land register means the contaminated land
register under the Environmental Protection Act.
core airport infrastructure see the Airport Assets Act,
schedule 3.
correctional facility means—
(a)
a detention centre established under the Youth Justice
Act 1992; or
(b)
a corrective services facility under the Corrective
Services Act 2006.
crematorium means the use of premises for the cremation or
aquamation of bodies.
cropping—
1
Cropping means the use of premises for growing and
harvesting plants or plant material for commercial
purposes, where the growing of the plants or plant
material is dependent on the cultivation of soil.
2
Cropping includes the following activities, if the
activities are ancillary to the use mentioned in paragraph
1—
(a) harvesting, storing or packing plants or plant
material grown on-site;
(b) repairing and servicing machinery used on-site.
Examples of cropping—
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forestry for wood production, fodder and pasture production, producing
fruit, nuts, vegetables and grains, plant fibre production, sugar cane
growing, vineyard
dam see the Water Act 2000, schedule 4.
declared fish habitat area see the Fisheries Act, schedule.
declared pest means a declared pest under the Land
Protection (Pest and Stock Route Management) Act 2002.
defined flood level, for schedule 10 [Building work that is
assessable development], see the Building Regulation 2006,
section 13(5).
defining bank, of a watercourse,
[Requirements for cropping], means—
for
schedule
21
(a)
the bank which confines the seasonal flows of the
watercourse before the point of flooding; or
(b)
the seasonal high water line.
domestic housing activity means the construction or use of a
single dwelling on a lot and any reasonably associated
building or structure.
Examples of a building or structure that could be reasonably associated
with a single dwelling—
building or structure used for a home-based business, secondary
dwelling
domestic outbuilding means a non-habitable class 10a
building that is—
(a)
a shed, garage or carport; and
(b)
ancillary to a residential use carried out on the premises
on which the building is located.
dual occupancy—
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1
Dual occupancy means a residential use of premises
involving 2 dwellings, whether attached or unattached,
and any domestic outbuildings associated with the
dwellings, for 2 separate households.
2
Dual occupancy does not include a residential use of
premises that involves a secondary dwelling.
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dwelling means a building, or part of a building, that—
(a)
is used, or capable of being used, as a self-contained
residence; and
(b)
contains—
(i)
food preparation facilities; and
(ii) a bath or shower; and
(iii) a toilet; and
(iv) a wash basin; and
(v) facilities for washing clothes.
dwelling house means a residential use of premises
involving—
(a)
1 dwelling for a single household and any domestic
outbuildings associated with the dwelling; or
(b)
1 dwelling for a single household and a secondary
dwelling, as well as any domestic outbuildings
associated with either dwelling.
dwelling unit means the use of premises containing a
non-residential use for a single dwelling, other than a
dwelling for a caretaker of the non-residential use.
educational establishment—
1
Educational establishment means the use of premises
for training and instruction to impart knowledge and
develop skills.
2
Educational establishment includes the following uses
and activities if they are ancillary to the use mentioned
in paragraph 1—
(a) on-site student accommodation;
(b) on-site before and after school care;
(c) on-site vacation care.
Examples of an educational establishment—
college, outdoor education centre, primary school, secondary school,
special education facility, technical institute, university
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electricity operating works means operating works under the
Electricity Act 1994, section 12(3).
emergency services means the use of premises by a
government entity or community organisation to provide
essential emergency services or disaster management
services, including management support facilities for the
services.
Examples of emergency services—
ambulance station, evacuation centre, fire station, police station
encroachment, for schedule 23 [Particular application fees],
see the Vegetation Management Act, schedule.
endangered regional ecosystem, for schedule 23 [Particular
application fees], means an endangered regional ecosystem
under the Vegetation Management Act.
environmental authority means an environmental authority
under the Environmental Protection Act.
environmentally relevant activity see the Environmental
Protection Act, section 18.
environmental
management
register
means
the
environmental management register under the Environmental
Protection Act.
Environmental
Protection
Regulation
Environmental Protection Regulation 2008.
means
the
essential management means clearing native vegetation—
Page 338
(a)
for establishing or maintaining a necessary firebreak to
protect infrastructure, other than a fence, road or
vehicular track, if the maximum width of the firebreak is
equivalent to 1.5 times the height of the tallest
vegetation adjacent to the infrastructure, or 20m,
whichever is the greater; or
(b)
for establishing a necessary fire management line if the
maximum width of the clearing for the fire management
line is 10m; or
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(c)
necessary to remove or reduce the imminent risk the
vegetation poses of serious personal injury or damage to
infrastructure; or
(d)
by fire under the Fire and Emergency Services Act 1990
to reduce hazardous fuel load; or
(e)
necessary to maintain infrastructure, including any core
airport infrastructure, buildings, fences, helipads, roads,
stockyards, vehicular tracks, watering facilities and
constructed drains other than contour banks, unless the
cleaning is for sourcing construction material; or
(f)
for maintaining a garden or orchard, other than clearing
predominant canopy trees to maintain underplantings
established within remnant vegetation; or
(g)
on land subject to a lease given under the Land Act for
agriculture or grazing purposes to source construction
timber to repair existing infrastructure on the land, if—
(i)
the infrastructure is in need of immediate repair;
and
(ii) the clearing does not cause land degradation as
defined under the Vegetation Management Act,
schedule; and
(iii) restoration of a similar type, and to the extent of
the removed trees, is ensured; or
(h)
on freehold land by the owner of the land to source
construction timber to maintain infrastructure on any
land of the owner, if—
(i)
the clearing does not cause land degradation as
defined under the Vegetation Management Act,
schedule; and
(ii) restoration of a similar type, and to the extent of
the removed trees, is ensured.
excluded work—
1
Excluded work, for schedule 3, part 1, table 4, item 5,
means maintenance work on a lawful work.
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2
Excluded work, for schedule 3, part 1, table 4, item 5(a)
also means carrying out alterations to existing lawful
boat ramps, bridges, pontoons, slipways, wharves and
jetties (the existing structures) other than alterations—
(a) creating roofed structures, including sheds and
gazebos; or
(b) that change the footprint of the existing structures;
or
(c) to the dimensions or structural capacity of the
existing structures; or
(d) that may affect safe navigable access to or from
tidal water or to or from properties adjoining tidal
water, including alterations to clearance heights or
lighting.
3
Excluded work, for schedule 3, part 1, table 4, item
5(b)(i) and (iv) also means—
(a) minor work that—
(i)
has an insignificant impact on coastal
management; and
(ii)
is reversible or expendable; or
(b) work which the chief executive is satisfied would
have an insignificant impact on coastal
management.
4
Excluded work, for schedule 7, table 3, item 5 also
means work which the chief executive is satisfied would
have an insignificant impact on coastal management.
5
Excluded work does not include work to which section
164(4) [Exemptions if emergency causing safety
concern] of the Act applies.
exempt bore means—
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(a)
a monitoring bore; or
(b)
for taking or interfering with water outside the plan area
under the Water Resource (Great Artesian Basin) Plan
2006, schedule 1—any of the following bores—
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Planning Regulation 2016
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(i)
a water bore for working out the sustainable
extraction rate of water for an aquifer;
(ii) a water bore for taking water for stock;
(iii) a water bore for taking water for domestic
purposes, as defined under the Water Act 2000,
schedule 4;
(iv) a replacement water bore.
existing levee see the Water Act 2000, section 1247(2).
extractive industry means the use of premises for extracting
or processing extractive resources and any associated
activities, including, for example, transporting the resources
to market.
failure impact assessed means failure impact assessed under
the Water Supply Act, section 343.
failure impact assessment see the Water Supply Act, section
342(1).
fast-track development, for schedule 23 [Particular
application fees], means development that meets the criteria
stated in the State development assessment provisions for
fast-track development.
fire safety management plan, for a building, means the fire
safety management plan for the building under the Fire and
Emergency Services Act 1990.
fire safety system, for schedule 10 [Building work that is
assessable development], means a fire safety system as
defined under the Building Code, volume 1, part A1.
Fisheries Act means the Fisheries Act 1994.
flood hazard area means a flood hazard area designated by a
local government under the Building Regulation 2006, section
13(1)(a).
Flying Start for Queensland Children program means the
program established by the State in June 2011 that—
(a)
provides funding for new educational facilities and
refurbishments in schools; and
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(b)
is known as the ‘Transition of Year 7, from the last year
of primary schooling to the first year of secondary
schooling, as outlined in the Education White Paper - A
Flying Start for Queensland Children’.
fodder harvesting, for schedule 23 [Particular application
fees], see the Vegetation Management Act, schedule.
food and drink outlet—
1
Food and drink outlet means the use of premises for the
preparation and sale of food and drink for on-site or
off-site consumption.
2
Food and drink outlet includes providing liquor for
on-site consumption, if the activity is ancillary to the use
mentioned in paragraph 1.
Examples of a food and drink outlet—
cafe, coffee shop, drive-through facility, kiosk, milk bar, restaurant,
snack bar, takeaway shop, tearoom
forest practice—
1
Forest practice means planting trees, or managing,
felling and removing standing trees, on freehold land or
indigenous land, for an ongoing forestry business in a—
(a) plantation; or
(b) native forest, if, in the native forest—
(i)
all the activities are conducted in a way that
is consistent with the native forest practice
code; or
(ii)
if the native forest practice code does not
apply to the activities, all the activities are
conducted in a way that—
(A) ensures restoration of a similar type to,
and to the extent of, the removed trees;
and
(B) ensures trees are only felled for the
purpose of being sawn into timber or
processed into another value added
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product (other than woodchips for an
export market); and
(C) does not cause land degradation, as
defined
under
the
Vegetation
Management Act.
2
Forest practice includes carrying out limited associated
work, including, for example, drainage, construction
and maintenance of roads or vehicular tracks, and other
necessary engineering works.
3
However, the term does not include clearing native
vegetation for the initial establishment of a plantation.
freehold land see the Vegetation Management Act, schedule.
function facility means the use of premises for receptions or
functions, including preparing and providing food and liquor
for on-site consumption as part of the reception or function.
funeral parlour—
1
Funeral parlour means the use of premises for—
(a) arranging and conducting funerals, memorials and
other similar events; or
(b) a mortuary; or
(c) storing and preparing bodies for burial or
cremation.
2
However, the term does not include the use of premises
for the burial or cremation of bodies.
future public passenger transport corridor means land
identified in a guideline made under the Transport Planning
and Coordination Act 1994, section 8E for any of the
following—
(a)
busway transport infrastructure;
(b)
busway transport infrastructure works;
(c)
light rail transport infrastructure;
(d)
light rail transport infrastructure works;
(e)
rail transport infrastructure;
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(f)
railway works.
future railway land see the Transport Infrastructure Act,
section 242.
future State-controlled road means a road or land that the
chief executive responsible for administering the Transport
Infrastructure Act has, by written notice given to a local
government and published in the gazette, indicated is intended
to become a State-controlled road under that Act, section 42.
future State-controlled transport tunnel means a tunnel that
forms part of—
(a)
a future State-controlled road; or
(b)
future railway land; or
(c)
a future public passenger transport corridor.
garden centre—
1
Garden centre means the use of premises for the sale of
plants.
2
Garden centre includes—
(a) the use of premises for the sale of gardening and
landscape products and supplies, if the products
and supplies are primarily in pre-packaged form;
and
(b) a food and drink outlet that is ancillary to the use
mentioned in paragraph 1.
Gold Coast waters, for schedule 12 [Operational work that is
assessable development], see the Gold Coast Waterways
Authority Act 2012, section 7(1).
government supported transport infrastructure means
transport infrastructure that—
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(a)
is funded, wholly or partly, by appropriations from the
consolidated fund; or
(b)
is funded, wholly or partly, by borrowings made by the
Government, other than commercial borrowings made
by the Queensland Treasury Corporation acting as an
agent; or
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(c)
is funded, wholly or partly, by borrowings guaranteed
by the Government, other than borrowings for
commercial investments; or
(d)
is provided by a person on the basis of conditions agreed
to by the Government that are intended to support the
commercial viability of the infrastructure; or
(e)
is funded, wholly or partly, by the Commonwealth.
gross floor area, for a building, means the total floor area of
all storeys of the building, measured from the outside of the
external walls and the centre of any common walls of the
building, other than areas used for—
(a)
building services, plant or equipment; or
(b)
access between levels; or
(c)
a ground floor public lobby; or
(d)
a mall; or
(e)
parking, loading or manoeuvring vehicles; or
(f)
unenclosed private balconies, whether roofed or not.
hardware and trade supplies means the use of premises for
the sale, display or hire of hardware and trade supplies,
including, for example, house fixtures, timber, tools, paint,
wallpaper and plumbing supplies.
health care service means the use of premises for medical
purposes, paramedical purposes, alternative health therapies
or general health care, if overnight accommodation is not
provided on the premises.
Examples of a health care service—
dental clinic, medical centre, physiotherapy clinic
high impact earthworks—
1
High impact earthworks means operational work that—
(a) changes the form of land, or involves placing a
structure on land, in a way that diverts water to or
from a wetland in a wetland protection area; and
(b) involves excavating or filling—
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2
(i)
if the work is carried out in the wetland or
within 200m of the wetland—more than
100m3; or
(ii)
otherwise—more than 1000m3.
However, high impact earthworks does not include
operational work that is—
(a) excavating to establish underground infrastructure,
other than infrastructure for drainage or
stormwater flows, if the excavated land is to be
restored, as far as practicable, to its original
contours after the infrastructure is established; or
(b) carried out for the maintenance of dams, fences,
helipads, roads, stockyards, vehicular tracks or
watering facilities; or
(c) carried out for any of the following in relation to
government supported transport infrastructure—
(i)
the maintenance, servicing or repair of the
infrastructure;
(ii)
the replacement, rehabilitation, removal or
alteration of the infrastructure;
(iii) the taking of preventative or remedial action;
(iv) the maintenance of systems and services
associated with the infrastructure; or
(d) carried out—
(i)
in tidal water; or
(ii)
for a forest practice; or
(iii) to reinstate earthworks destroyed by floods
or landslides; or
(iv) to restore or conserve the ecological
processes or hydrological functions of a
wetland protection area; or
(v)
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to laser level land without change to the
previously levelled contours or slopes; or
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Planning Regulation 2016
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(vi) for
government
supported
transport
infrastructure for which the funding and
construction arrangements were approved by
the State or Commonwealth before 31
October 2011; or
(e) carried out under—
(i)
the Electricity Act 1994, section 101 or
112A; or
(ii)
the Fire and Emergency Services Act 1990,
section 53, 68 or 69; or
(iii) a geothermal exploration permit under the
Geothermal Energy Act 2010; or
(f)
assessable development under schedule 12
[Operational work that is assessable development]
if the work is—
(i)
carried out completely or partly in a declared
fish habitat area; or
(ii)
constructing or raising waterway barrier
works.
high impact industry means the use of premises for an
industrial activity that is the manufacturing, producing,
processing, repairing, altering, recycling, storing, distributing,
transferring or treating of products, if—
(a)
either of the following apply—
(i)
the use involves outdoor activities carried out
between 6p.m. and 7a.m.;
(ii) on-site measures are required to control the risk of
emissions and impacts from dangerous goods
stored as part of the use; and
(b)
the impacts of the use on other premises, or road or
infrastructure networks, are within the upper and lower
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limits for the use stated in a local planning instrument
applying to the premises.
Note: The definitions of high impact industry, medium impact industry,
low impact industry and service industry are subject to further
consideration.
If the local planning instrument does not state limits for the use, default
limits in the regulation may apply.
high-risk waterway, for schedule 23 [Particular application
fees], means a waterway shown in the waterways spatial data
layer as a high-risk waterway.
high value agriculture clearing, for schedule 23 [Particular
application fees], see the Vegetation Management Act,
schedule.
home-based business means the use of a dwelling or domestic
outbuilding on premises for a business activity that is
subordinate to the residential use of the premises.
hospital—
1
Hospital means the use of premises for—
(a) the medical or surgical care or treatment of
patients, whether or not the care or treatment
requires overnight accommodation; and
(b) providing accommodation for patients.
2
Hospital includes the use of premises for providing
accommodation for employees and other activities that
are ancillary to the use mentioned in paragraph 1.
hotel—
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1
Hotel means the use of premises for the primary purpose
of selling liquor for on-site consumption.
2
Hotel includes short-term accommodation, and dining
and entertainment activities and facilities, that are
ancillary to the use mentioned in paragraph 1.
3
However, the term does not include a bar.
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Planning Regulation 2016
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indigenous land see the Vegetation Management Act,
schedule.
indoor sport and recreation means the use of premises for a
leisure, sport or recreation activity conducted wholly or
primarily indoors.
Examples of indoor sport and recreation—
amusement parlour, bowling alley, gymnasium, squash court
industrial area means premises, however described, that is
designated in a planning instrument as industrial, or that is
predominantly industrial in character, having regard to—
(a)
dominant land uses in the area; or
(b)
the relevant provisions of a planning instrument
applying to the area.
Examples of ways of describing industrial areas—
•
heavy industry
•
commercial industry
•
light industry
•
service industry
•
general industry
•
waterfront industry
•
extractive industry
industrial zone, for schedule 20 [Particular reconfiguring a lot
requiring standard assessment], see schedule 20, section 2.
industry activity means an activity involving 1 or more of the
following uses—
(a)
extractive industry;
(b)
high impact industry;
(c)
low impact industry;
(d)
marine industry;
(e)
medium impact industry;
(f)
research and technology industry;
(g)
service industry;
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(h)
special industry;
(i)
warehouse.
infrastructure provider, for a development application, means
a local government that is the assessment manager and—
(a)
supplies trunk infrastructure for development; or
(b)
has an agreement with another entity that supplies trunk
infrastructure to the local government area.
intensive animal husbandry—
1
Intensive animal husbandry means the use of premises
for the intensive production of animals or animal
products in an enclosure that requires the provision of
food and water mechanically or by hand.
2
Intensive animal husbandry includes storing and
packing feed and produce, if the activity is ancillary to
the use mentioned in paragraph 1.
3
However, the term does not include the cultivation of
aquatic animals.
Examples of intensive animal husbandry—
feedlot, piggery, poultry and egg production
intensive animal feedlotting, for schedule 23 [Particular
application fees], means a relevant activity mentioned in the
Environmental Protection Regulation, schedule 2, section 2.
intensive horticulture—
1
Intensive horticulture means the use of premises for the
intensive production of plants or plant material—
(a) if carried out indoors—on imported media; or
(b) if not carried out indoors—using artificial lights or
containers.
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2
Intensive horticulture includes storing and packing
plants and plant material grown on-site, if the activity is
ancillary to the use mentioned in paragraph 1.
3
However, the term does not include the cultivation of
aquatic plants.
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Planning Regulation 2016
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Examples of intensive horticulture—
greenhouse, hydroponic farm, mushroom farm
irrigated high value agriculture clearing, for schedule 23
[Particular application fees], see the Vegetation Management
Act, schedule.
key resource area, for schedule 29 [Clearing native
vegetation], has the same meaning as in the State Planning
Policy.
lake see the Water Act 2000, schedule 4.
land use plan means—
(a)
for strategic port land—a plan approved under the
Transport Infrastructure Act, section 286; or
(b)
for airport land—a land use plan approved under the
Airport Assets Act, chapter 3, part 1.
least concern regional ecosystem, for schedule 29 [Clearing
of native vegetation], means a least concern regional
ecosystem under the Vegetation Management Act.
LGA population 1 means the local government area of—
(a)
Brisbane City Council; or
(b)
Bundaberg Regional Council; or
(c)
Cairns Regional Council; or
(d)
Fraser Coast Regional Council; or
(e)
Gold Coast City Council; or
(f)
Ipswich City Council; or
(g)
Logan City Council; or
(h)
Moreton Bay Regional Council; or
(i)
Redland City Council; or
(j)
Scenic Rim Regional Council; or
(k)
Sunshine Coast Regional Council; or
(l)
Townsville City Council.
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LGA population 2 means a local government area that is not
an LGA population 1.
light rail transport infrastructure see the Transport
Infrastructure Act, schedule 6.
light rail transport infrastructure works see the Transport
Infrastructure Act, schedule 6.
local instrument means a local planning instrument or
variation approval.
loss of capacity, of tidal land, for schedule 23 [Particular
application fees], means the loss of the capacity of the land to
sustain marine plants of the quality or quantity sustained on
the land before operational work is carried out.
low impact industry means the use of premises for an
industrial activity that is the manufacturing, producing,
processing, repairing, altering, recycling, storing, distributing,
transferring or treating of products, if—
(a)
the activity is carried out primarily indoors, with none of
the activities, whether indoor or outdoor, being carried
out between 6pm and 7am; and
(b)
on-site measures are not required to control the risk of
emissions and impacts from dangerous goods stored as
part of the use; and
(c)
the impact of the use on other premises, or road or
infrastructure networks, does not exceed the limits for
the use stated in a local planning instrument applying to
the premises.
low-risk waterway, for schedule 23 [Particular application
fees], means a waterway shown in the waterways spatial data
layer as a low-risk waterway.
Lyngbya, for schedule 8 [Accepted development], means a
plant of the genus Lyngbya.
maintenance cover, for a sewer, stormwater drain or water
main, means a cover, whether above, at, or below ground
level, for a chamber through which a person, machine or
device may gain access to the sewer, stormwater drain or
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water main for the purpose of inspecting, maintaining or
replacing the sewer, stormwater drain or water main.
major hazard facility see the Work Health and Safety
Regulation 2011, schedule 19.
major-risk waterway, for schedule 23 [Particular application
fees], means a waterway shown in the waterways spatial data
layer as a major-risk waterway.
major sport, recreation and entertainment facility means the
use of premises for large-scale events, including, for example,
major sporting, recreation, conference and entertainment
events.
Examples of a major sport, recreation and entertainment facility—
convention centre, exhibition centre, horse racing facility, sports
stadium
mapped area, for part 7 [Urban encroachment], see section
51(1)(a).
marine industry—
1
Marine industry means the use of premises for an
activity based on the waterfront involving the
manufacture, storage, repair or servicing of vessels or
maritime infrastructure.
2
Marine industry includes providing fuel and disposing
of waste, if the activities are ancillary to the use
mentioned in paragraph 1.
Examples of marine industry—
boat building, boat storage, dry dock
marine plant see the Fisheries Act, section 8.
market—
1
Market means the use of premises on a regular basis for
the sale of goods to the public, where the goods are
primarily sold from temporary structures, including, for
example, stalls, booths or trestle tables.
2
Market includes providing entertainment if the activity
is ancillary to the use mentioned in paragraph 1.
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maximum flow velocity of water, for schedule 10 [Building
work that is assessable development], see the Building
Regulation 2006, section 13(5).
medium impact industry means the use of premises for an
industrial activity that is the manufacturing, producing,
processing, repairing, altering, recycling, storing, distributing,
transferring or treating of products, if—
(a)
any of the following apply—
(i)
the activity is carried out between 6pm and 7am,
but not outdoors;
(ii) the activity involves the storage of dangerous
goods and requires on-site measures to control the
risk of emissions and impacts from dangerous
goods stored as part of the use; and
(b)
the impacts of the use on other premises, or road or
infrastructure networks, are within the upper and lower
limits for the use stated in a local planning instrument
applying to the premises.
miscellaneous transport infrastructure see the Transport
Infrastructure Act, section 416.
modify, for an existing levee, see the Water Regulation 2002,
schedule 17.
monitoring bore means a water bore used for monitoring—
(a)
the physical characteristics of an aquifer; or
(b)
the physical, chemical or biological characteristics of
water in an aquifer.
Examples of physical characteristics of water—
standing water level, water discharge rate, water pressure
motor sport facility—
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1
Motor sport facility means the use of premises for
organised or recreational motor sports.
2
Motor sport facility includes facilities provided for
spectators, including, for example, stands, amenities and
food and drink outlets.
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Planning Regulation 2016
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Examples of a motor sport facility—
car race track, go-kart track, trail bike park, 4WD park
multiple dwelling means a residential use of premises
involving 3 or more dwellings, whether attached or
unattached, for separate households.
native forest practice see the Vegetation Management Act,
schedule.
native forest practice code means an accepted development
vegetation clearing code under the Vegetation Management
Act, section 19O(1) applying to conducting a native forest
practice.
native vegetation means vegetation under the Vegetation
Management Act.
nature-based tourism means the use of premises for a tourism
activity, including accommodation for tourists, for the
appreciation, conservation or interpretation of—
(a)
an area of environmental, cultural or heritage value; or
(b)
a local ecosystem; or
(c)
the natural environment.
Examples of nature-based tourism—
environmentally responsible accommodation facilities including cabins,
huts, lodges and tents
necessary environmental clearing, for schedule 23
[Particular application fees], see the Vegetation Management
Act, schedule.
nightclub entertainment facility—
1
Nightclub entertainment facility means the use of
premises for providing entertainment that is cabaret,
dancing or music.
2
Nightclub entertainment facility includes the sale of
liquor and food for on-site consumption, if the activity is
ancillary to the use mentioned in paragraph 1.
non-resident worker means a person who—
(a)
performs work as part of—
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(i)
a resource extraction project; or
(ii) a project identified in a planning scheme as a major
industry or infrastructure project; or
(iii) a rural use; and
(b)
lives, for extended periods, in the locality of the project,
but has a permanent residence elsewhere.
Example of a non-resident worker—
a person engaged in fly-in/fly-out, or drive in/drive out, working
arrangements
non-resident workforce accommodation—
1
Non-resident workforce accommodation means the use
of premises for accommodation for non-resident
workers.
2
Non-resident workforce accommodation includes
providing recreation and entertainment facilities for the
use of residents and their visitors, if the facilities are
ancillary to the use mentioned in paragraph 1.
non-State school means a school that is provisionally
accredited, or accredited, under the Education (Accreditation
of Non-State Schools) Act 2001.
of concern regional ecosystem means an of concern regional
ecosystem under the Vegetation Management Act.
office—
(a)
means premises used for—
(i)
providing
an
administrative,
financial,
management or secretarial service or function; or
(ii) the practice of a profession; or
(iii) providing business or professional advice or
services; and
(b)
does not include premises used for the making, sale or
hire of goods.
Examples of an office—
bank, real estate agency
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off-road motorcycling includes activities such as motocross,
enduro, dirt track riding, moto-trials, mini-khana and
recreational trail bike riding.
off-road motorcycling facility means premises used for
off-road motorcycling at which 1 or more of the following
facilities are provided—
(a)
spectator facilities;
(b)
viewing stands;
(c)
toilets, ablution and shower or change room facilities;
(d)
club house facilities;
(e)
vehicle and equipment storage facilities;
(f)
caretaker’s accommodation;
(g)
pit areas;
(h)
other facilities ancillary to off-road motorcycling.
off-road motorcycling facility land means land comprising
the following lots—
(a)
lot 50 on SP233714;
(b)
lot 1 on RP61998;
(c)
lot 1 on RP61996;
(d)
lot 3 on RP61997;
(e)
lot 39 on RP17872;
(f)
lot 38 on RP17872.
other rail infrastructure see the Transport Infrastructure Act,
schedule 6.
outdoor sales—
1
Outdoor sales means the use of premises for the display,
sale, hire or lease of vehicles, boats, caravans,
machinery, equipment or other similar products, where
the use is primarily conducted outdoors.
2
Outdoor sales includes repairing, servicing, selling or
fitting accessories for the items mentioned in paragraph
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1, if the activity is ancillary to the use mentioned in
paragraph 1.
outdoor sport and recreation—
1
Outdoor sport and recreation means the use of premises
for a recreation or sporting activity that is carried on
outdoors and requires areas of open space.
2
Outdoor sport and recreation includes providing and
selling food and drink, change room facilities and
storage facilities, if the activities and facilities are
ancillary to the use mentioned in paragraph 1.
Examples of outdoor sport and recreation—
cricket oval, driving range, golf course, swimming pool, tennis court
overland flow water see the Water Act 2000, schedule 4.
park means the use of premises for sport, recreation and
leisure activities and facilities, if the premises is accessible to
the public free of charge.
parking station means the use of premises for parking
vehicles, other than parking that is ancillary to another use.
PDA-related development means—
(a)
development carried out in a priority development area;
or
(b)
development for a priority development area that is not
carried out within the area.
pig keeping, for schedule 23 [Particular application fees],
means a relevant activity mentioned in the Environmental
Protection Regulation, schedule 2, section 3.
place of worship—
1
Place of worship means the use of premises for
organised worship and other religious activities.
2
Place of worship includes social, education and
charitable activities that are ancillary to the use
mentioned in paragraph 1.
plan of subdivision—
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1
Plan of subdivision means a plan or agreement, however
called, for reconfiguring a lot.
2
Plan of subdivision does not include—
(a) a plan, however called, for reconfiguring a lot if the
reconfiguration relates to—
(i)
the acquisition, including by agreement,
under the Acquisition Act, of land by a
constructing authority, as defined under that
Act, or an authorised electricity entity, for a
purpose for which land may be taken under
that Act; or
(ii)
the acquisition by agreement, other than
under the Acquisition Act, of land by a
constructing authority, as defined under that
Act, or an authorised electricity entity, for a
purpose for which land may be taken under
that Act; or
(iii) land held by the State, or a statutory body
representing the State, that is being
reconfigured for a purpose for which land
may be taken under the Acquisition Act,
whether or not the land relates to an
acquisition; or
(iv) a lot that is, or includes, strategic port land or
Brisbane core port land; or
(v)
the acquisition of land
infrastructure facility; or
for
a
water
(b) a plan lodged under the Acquisition Act, section
12A as a result of a reconfiguration mentioned in
paragraph (a)(i).
PMAV means a property map of assessable vegetation under
the Vegetation Management Act.
population at risk, for schedule 23 [Particular application
fees], see the Water Supply Act, section 346(2).
port authority see the Transport Infrastructure Act, schedule
6.
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port operator see the Transport Infrastructure Act, section
267.
port service means the use of premises for 1 or more of the
following activities—
(a)
the arrival and departure of vessels;
(b)
the movement of passengers or goods on or off vessels;
(c)
storing, servicing, maintaining or repairing vessels;
(d)
ancillary activities that directly service the needs of
passengers of the vessels.
poultry farming, for schedule 23 [Particular application fees],
means a relevant activity mentioned in the Environmental
Protection Regulation, schedule 2, section 4.
prescribed assessable development means development stated
in schedules 10 to 14 to be assessable development.
prescribed clearing, for schedule 16 [Referral agency
assessment for assessable development under local
categorising instrument], means—
(a)
for vegetation on freehold land or land subject to a lease
under the Land Act—clearing the vegetation to the
extent necessary for building a single dwelling on a lot,
and any reasonably associated building or structure, if
no other dwelling exists on the lot; or
(b)
for vegetation on indigenous land—clearing the
vegetation to the extent necessary for building
dwellings, and any reasonably associated building or
structure, for Aboriginal or Torres Strait Islander
inhabitants of the land or persons providing educational,
health, police or other community services for the
inhabitants.
prescribed urban area, for schedule 29 [Clearing native
vegetation], means—
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(a)
an area identified in a gazette notice by the chief
executive as an urban area; or
(b)
if no gazette notice has been published—an area
identified as an area intended specifically for urban
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purposes, including future urban purposes (but not rural
residential or future rural residential purposes), on a
map in a planning scheme that—
(i)
identifies the areas using cadastral boundaries; and
(ii) is used exclusively or primarily to assess
development applications.
Example of a map for paragraph (b)—
a zoning map
priority development area means a priority development area
under the Economic Development Act 2012.
private certifier (class A), for schedule 6 [Assessment
manager for development application], means a private
certifier whose licence under the Building Act has
development approval endorsement under that Act.
private purpose, for schedule 23 [Particular application fees],
see the Coastal Regulation, schedule 4A, section 3.
proposed major hazard facility see the Work Health and
Safety Regulation 2011, schedule 19.
public housing—
(a)
means residential premises—
(i)
provided by, or for, the State or a statutory body
representing the State; and
(ii) for short or long term residential use; and
(iii) totally or partly subsidised by the State or a
statutory body representing the State; and
(b)
includes any support services provided on the premises
for residents of the premises.
public passenger transport corridor means land—
(a)
on which any of the following transport infrastructure is
situated, if the infrastructure is, or is to be, used for
providing a public passenger service, as defined under
the Transport Operations (Passenger Transport) Act
1994, schedule 3—
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(i)
busway transport infrastructure;
(ii) light rail transport infrastructure;
(iii) rail transport infrastructure; or
(b)
on which the following works are being done, if the
works relate to transport infrastructure to which
paragraph (a) applies—
(i)
busway transport infrastructure works;
(ii) light rail transport infrastructure works;
(iii) railway works; or
(c)
on which other services are provided for the
maintenance or operation of transport infrastructure to
which paragraph (a) applies.
QDC means the Queensland Development Code.
QPW code, for schedule 10 [Building work that is assessable
development], see the Standard Plumbing and Drainage
Regulation 2003, section 4A.
qualitative statement see the Building Act, section 33(6).
quantifiable standard, for schedule 10 [Building work that is
assessable development], see the Building Act, section 33(6).
Queensland Development Code means the version, current at
the relevant time, of the document called ‘Queensland
Development Code’ published by the department responsible
for administering the Building Act.
rail transport infrastructure see the Transport Infrastructure
Act, schedule 6.
railway means land on which rail transport infrastructure or
other rail infrastructure is situated.
railway manager, for schedule 7 [Development local
categorising instrument may not state is assessable
development], see the Transport Infrastructure Act, schedule
6.
railway works see the Transport Infrastructure Act, schedule
6.
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referral agency application fee see schedule 23 [Particular
application fees], section 6(1).
referral agency application fee component, for schedule 23
[Particular application fees], see schedule 23, section 6(2).
registered non-profit organisation, for schedule 23
[Particular application fees], means an incorporated
organisation that is—
(a)
currently recorded in the register kept under the
Collections Act 1966, part 6; or
Editor’s note—
The register of charities kept under the Collections Act 1966 can
be inspected on the website of the Office of Fair Trading at
<www.fairtrading.qld.gov.au>.
(b)
currently recorded in a register kept under a law of
another State substantially corresponding to the register
kept under the Collections Act 1966, part 6; or
(c)
a registered entity within the meaning of the Australian
Charities and Not-for-profits Commission Act 2012
(Cwlth).
Editor’s note—
The Australian Charities and Not-for-profits Register kept under
the Australian Charities and Not-for-profits Commission Act
2012 (Cwlth) can be inspected on the website of the Australian
Charities
and
Not-for-profits
Commission
at
<www.acnc.gov.au>.
regulated regrowth vegetation means regulated regrowth
vegetation under the Vegetation Management Act.
regulated vegetation management map see the Vegetation
Management Act, section 20A.
relevant aspect, of development the subject of a development
application, for schedule 23 [Particular application fees]—
(a)
for an assessment manager application fee—see
schedule 23, section 1(1); or
(b)
for a referral agency application fee—see schedule 23,
section 6(1).
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relevant service provider, for schedule 10 [Building work that
is assessable development], means any of the following
entities—
(a)
for a sewer—the sewerage service provider, as defined
under the Water Supply Act, schedule 3, for the sewer;
(b)
for a water main—the water service provider, as defined
under the Water Supply Act, schedule 3, for the water
main;
(c)
for a stormwater drain—the owner of the stormwater
drain.
relevant vehicular access, to a State-controlled road, for
schedule 23 [Particular application fees], means—
(a)
a road, other than a pedestrian or bicycle path, that
provides access to the State-controlled road; or
(b)
a driveway that provides access to the State-controlled
road.
relevant zone, for schedule 20 [Particular reconfiguring a lot
requiring standard assessment], see schedule 20, section 2.
relocatable home park—
1
Relocatable home park means the use of premises for
relocatable dwellings for long-term residential
accommodation.
2
Relocatable home park includes amenity facilities, food
and drink outlets, a manager’s residence and recreation
facilities for the exclusive use of residents, if the
activities and facilities are ancillary to the use
mentioned in paragraph 1.
remnant vegetation means remnant vegetation under the
Vegetation Management Act.
replacement water bore means a water bore that—
(a)
is constructed or installed to replace a water bore (the
previous bore) that was used for taking, or interfering
with, water and was—
(i)
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(ii) the subject of another approval, however called,
taken to be a development permit under the Water
Act 2000, section 1048A; or
(iii) taken to be a lawful use of premises under section
681(1) of the old Act; and
(b)
is located on the same premises as, and within 10m of,
the previous bore; and
(c)
taps the aquifer that the previous bore tapped.
research and technology industry means the use of premises
for an innovative or emerging industry involving designing
and researching, assembling, manufacturing, maintaining,
storing or testing machinery or equipment.
Examples of research and technology industries—
aeronautical engineering, biotechnology industries, computer
component manufacturing, computer server facilities, energy industries,
medical laboratories
residential care facility means the use of premises for
supervised accommodation and medical and other support
services for persons who can not live independently and
require regular nursing or personal care.
Examples of a residential care facility—
convalescent home, nursing home
residential clearing, for schedule 29 [Clearing of native
vegetation]—
(a)
for the clearing of vegetation on freehold land or land
subject to a lease under the Land Act—means clearing
the vegetation to the extent necessary for building a
single dwelling on a lot, and any reasonably associated
building or structure, if the building of the dwelling is—
(i)
building work for which a development permit has
been given; or
(ii) building work carried out by, or on behalf of, the
State, a public sector entity or a local government;
or
(iii) for public housing; or
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(b)
for the clearing of vegetation on indigenous
land—means clearing the vegetation to the extent
necessary for building dwellings, and any reasonably
associated building or structure, for Aboriginal or Torres
Strait Islander inhabitants of the land or persons
providing educational, health, police or other
community services for the inhabitants, if the building
of the dwellings is—
(i)
building work for which a development permit has
been given; or
(ii) building work carried out by, or on behalf of, the
State, a public sector entity or a local government;
or
(iii) for public housing.
residential zone means premises, however described,
designated in a local categorising instrument as residential.
Examples of ways of describing premises—
•
general residential
•
park residential
•
residential living
•
residential choice
•
residential low density
•
residential medium density
•
residential high density
resort complex—
1
Resort complex means the use of premises for tourist
and visitor accommodation that includes integrated
leisure facilities, including, for example—
(a) restaurants; or
(b) bars; or
(c) meeting and function facilities; or
(d) sporting and fitness facilities.
2
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(a) staff accommodation that is ancillary to the use
mentioned in paragraph 1; and
(b) transport facilities directly associated with the
tourist facility, including, for example, a ferry
terminal or air service.
resource allocation authority, for schedule 23 [Particular
application fees], means a resource allocation authority given
under the Fisheries Regulation 2008, chapter 5, part 3.
retirement facility—
1
Retirement facility means a residential use of premises
for the accommodation of older members of the
community or retired persons in independent living
units or serviced units.
2
Retirement facility includes amenity and community
facilities, a manager’s residence, health care and support
services, preparing food and drink and staff
accommodation, if the activities and facilities are
ancillary to the use mentioned in paragraph 1.
road frontage, for premises, means the boundary between the
premises and a road adjoining the premises.
rooming accommodation—
1
Rooming accommodation means the use of premises for
residential accommodation, if each resident—
(a) has a right to occupy 1 or more rooms on the
premises; and
(b) does not have a right to occupy the whole of the
premises; and
(c) does not occupy a self-contained unit or has only
limited facilities available for private use; and
(d) shares other rooms, facilities, furniture or
equipment outside of the resident’s room with 1 or
more other residents, whether or not the rooms,
facilities, furniture or equipment are on the same or
different premises.
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2
Rooming accommodation includes providing food and
other services to residents, a manager’s residence and an
office if the uses or activities are ancillary to the use
mentioned in paragraph 1.
Examples of rooming accommodation—
boarding house, hostel, monastery, off-site student accommodation
routine management, for clearing native vegetation on land,
means the clearing of native vegetation—
(a)
to establish a necessary fence, road or vehicular track if
the maximum width of clearing for the fence, road or
track is 10m; or
(b)
to construct necessary built infrastructure, including
core airport infrastructure, other than contour banks,
fences, roads or vehicular tracks, if—
(i)
the clearing is not to source construction timber;
and
(ii) the total extent of clearing is less than 2ha; and
(iii) the total extent of the infrastructure is on less than
2ha; or
(c)
on freehold land by the owner of the land to source
construction timber for establishing necessary
infrastructure on any land of the owner, if—
(i)
the clearing does not cause land degradation, as
defined under the Vegetation Management Act;
and
(ii) restoration of a similar type, and to the extent of
the removed trees, is ensured; or
(d)
by the lessee of land subject to a lease given under the
Land Act for agriculture or grazing purposes to source
construction timber, other than commercial timber, for
establishing necessary infrastructure on the land, if—
(i)
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the clearing does not cause land degradation, as
defined under the Vegetation Management Act;
and
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(ii) restoration of a similar type, and to the extent of
the removed trees, is ensured.
rural industry—
1
Rural industry means the use of premises for storing,
processing or packaging products from a rural use.
2
Rural industry includes the sale of products from a rural
use, if the activity is ancillary to the use mentioned in
paragraph 1.
rural workers’ accommodation means the use of premises as
accommodation, whether or not self-contained, for employees
of a rural activity, if—
(a)
the premises, and the premises where the rural activity is
carried out, are owned by the same person; and
(b)
the employees are not non-resident workers.
rural zone means premises, however described, designated in
a local categorising instrument as rural.
sales office means the use of premises on a non-permanent
basis for the display of land parcels or buildings that are for
sale or proposed to be sold, or that can be won as a prize in a
competition.
school means a State school or non-State school.
secondary dwelling means a dwelling, whether attached or
unattached, that is used in conjunction with, and subordinate
to, another dwelling on the same lot.
sensitive land use has the same meaning as in the State
Planning Policy.
service industry means the use of premises for an industrial
activity that—
(a)
does not result in off-site air, noise or odour emissions;
and
(b)
is suitable for location with other non-industrial uses.
Examples of service industries—
audio visual equipment repair, bicycle repairs, clock and watch repairs,
computer repairs, dry cleaning, film processing, hand engraving,
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jewellery making, laundromat, locksmith, picture framing, shoe repairs,
tailor
service station—
1
Service station means the use of premises for the sale of
fuel, including, for example, petrol, liquid petroleum
gas, automotive distillate and alternative fuels.
2
Service station includes food and drink outlets, shops,
trailer hire and maintaining, repairing, servicing and
washing vehicles, if the activities are ancillary to the use
mentioned in paragraph 1.
sewer—
1
Sewer means a sewer under the Plumbing and Drainage
Act.
2
Sewer includes a maintenance cover for the sewer.
shop means the use of premises for the display, sale or hire of
goods or for providing personal services or betting to the
public.
Examples of a shop—
betting agency, corner store, department store, discount variety store,
hair dressing salon, liquor store, supermarket
shopping centre means the use of premises for an integrated
shopping complex consisting primarily of shops.
short-term accommodation—
1
Short-term accommodation means the use of premises
to provide accommodation of less than 3 consecutive
months to tourists or travellers.
2
Short-term accommodation includes a manager’s
residence, offices and recreation facilities for the
exclusive use of guests, if the activities and facilities are
ancillary to the use mentioned in paragraph 1.
3
However, the term does not include a hotel,
nature-based tourism, a resort complex or a tourist park.
showroom means the use of premises for the sale of goods
that—
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(a)
are of a related product line; and
(b)
have a size, shape or weight that requires—
(i)
a large area for handling, display or storage of the
goods; and
(ii) direct vehicle access to the building containing the
goods by members of the public to enable the
loading and unloading of the goods.
Examples of a showroom—
bulk stationary supplies, bulky goods sales, motor vehicle sales
showroom
significant community project, for schedule 29 [Clearing of
native vegetation], means a significant community project
under the Vegetation Management Act, section 10(5).
site suitability statement, for premises, means a site suitability
statement included in a site investigation report or validation
report for the premises under the Environmental Protection
Act.
sole-occupancy unit, for schedule 27 [Special fire services],
means a room or other part of a building used as a dwelling by
a person to the exclusion of any other person.
special industry means the use of premises for an industrial
activity that is the manufacturing, producing, processing,
repairing, altering, recycling, storing, distributing, transferring
or treating of products, if—
(a)
any of the following apply—
(i)
the use involves outdoor activities carried out
between 6pm and 7am;
(ii) on-site measures are required to control the risk of
emissions and impacts from dangerous goods
stored as part of the use; and
(b)
the impacts of the use on other premises, or road or
infrastructure networks, exceed the limits for the use
stated in a local planning instrument applying to the
premises.
spring see the Water Act 2000, schedule 4.
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State-controlled road includes State toll road corridor land.
State-controlled transport tunnel means—
(a)
a tunnel that forms part of a—
(i)
State-controlled road; or
(ii) railway; or
(iii) public passenger transport corridor; or
(b)
land described in the Transport Infrastructure Act,
schedule 4.
State development assessment provisions means the
document called ‘State development assessment provisions’
made by the chief executive on 10 June 2015 and published on
the department’s website.
State Planning Policy means the State planning policy dated
July 2014 and published on the department’s website.
State school means a school established under the Education
(General Provisions) Act 2006, section 13.
State toll road corridor land see the Transport Infrastructure
Act, schedule 6.
storey—
1
Storey means a space within a building between 2 floor
levels, or a floor level and a ceiling or roof, other than—
(a) a space containing only—
(i)
a lift shaft, stairway or meter room; or
(ii)
a bathroom, shower room, laundry, toilet or
other sanitary compartment; or
(iii) a combination of things mentioned in
subparagraphs (i) or (ii); or
(b) a basement, if the ceiling of the basement is not
more than 1m above ground level.
2
Storey includes—
(a) a mezzanine; and
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(b) a roofed structured that is on, or part of, a rooftop,
if the structure does not solely accommodate
building plant and equipment.
stormwater drain—
1
Stormwater drain means infrastructure used for
receiving, storing, transporting or treating stormwater.
2
Stormwater drain includes a maintenance cover for the
stormwater drain.
strategic airport means a strategic airport within the meaning
of the State Planning Policy.
subartesian water see the Water Act 2000, schedule 4.
substation—
1
Substation means the use of premises as part of a
transmission grid or supply network to—
(a) convert or transform electrical energy from one
voltage to another; or
(b) regulate voltage in an electrical circuit; or
(c) control electrical circuits; or
(d) switch electrical current between circuits.
2
Substation includes the use of premises for a
telecommunications facility for works, as defined under
the Electricity Act 1994, section 12(1), or for workforce
operational and safety communications.
substation site—
1
Substation site means premises larger than 50m2
containing a substation.
2
Substation site does not include premises used for—
(a) pole mounted substations, transformers or voltage
regulators; or
(b) pad mounted substations or transformers.
supply network see the Electricity Act 1994, section 8.
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telecommunications facility means the use of premises for a
facility that carries, or is capable of carrying, communications
and signals by means of guided or unguided electromagnetic
energy.
theatre—
1
Theatre means the use of premises for—
(a) presenting movies, live entertainment or music to
the public; or
(b) the production of film or music.
2
Theatre includes preparing and selling food and drink
for on-site consumption, facilities for editing and
post-production, facilities for wardrobe, laundry and
make-up, set construction workshops and sound stages,
if the activities and facilities are ancillary to the use
mentioned in paragraph 1.
Examples of a theatre—
cinema, concert hall, film studio, music recording studio
thinning, for schedule 23 [Particular application fees], see the
Vegetation Management Act, schedule.
tidal land see the Fisheries Act, schedule.
tidal water see the Coastal Act, schedule.
tourist attraction—
1
Tourist attraction means the use of premises to provide
on-site entertainment to, or a recreation facility for, the
general public.
2
Tourist attraction includes the preparation and sale of
food and drink for on-site consumption, if the activity is
ancillary to the use mentioned in paragraph 1.
Examples of a tourist attraction—
theme park, zoo
tourist park—
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1
Tourist park means the use of premises for holiday
accommodation in caravans, self-contained cabins, tents
and other similar structures.
2
Tourist park includes amenity facilities, food and drink
outlets, a manager’s residence, offices, recreation
facilities for the use of residents and their visitors, and
staff accommodation, if the activities and facilities are
ancillary to the use mentioned in paragraph 1.
transmission grid see the Electricity Act 1994, section 6.
transport reasons, for schedule 17 [Referral agency
assessment for development at Port of Brisbane]. see the
Transport Infrastructure Act, section 283I.
trust land means land comprising a reserve or deed of grant in
trust under the Land Act.
TSA, for schedule 28 [Development impacting on State
transport infrastructure], means total site area for a
development application.
unallocated State land see the Land Act, schedule 6.
urban purposes means purposes for which land is used in
cities or towns, including residential, industrial, sporting,
recreation and commercial purposes, but not including
environmental, conservation, rural, natural or wilderness area
purposes.
utility installation means the use of premises for any of the
following services or facilities—
(a)
a service for supplying or treating water, hydraulic
power or gas;
(b)
a sewerage, drainage or stormwater service;
(c)
a transport service;
(d)
a waste management service;
(e)
a maintenance depot, storage depot or other facility for a
service mentioned in paragraphs (a) to (d).
UXO area management advice means a notice given by the
administering authority under the Environmental Protection
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Act to a local government about planning for, or managing,
land contaminated because of unexploded ordnance.
Vegetation Management
Management Act 1999.
Act
means
the
Vegetation
veterinary service—
1
Veterinary service means the use of premises for the
medical and surgical treatment of animals.
2
Veterinary service may include facilities for the
short-term stay of animals, if the facilities are ancillary
to the use mentioned in paragraph 1.
warehouse—
1
Warehouse means the use of premises for storing or
distributing goods, whether or not carried out in a
building.
2
Warehouse includes the wholesale of goods, if the
activity is ancillary to the use mentioned in paragraph 1.
Examples of a warehouse—
self-storage facility, storage yard
water bore see the Water Act 2000, schedule 4.
watercourse—
1
Generally, watercourse means a watercourse as defined
under the Water Act 2000, schedule 4.
2
Watercourse, for schedule 29 [Clearing of native
vegetation], section 1(2)—
(a) means a river, creek or stream in which water flows
permanently or intermittently—
(i)
in a natural channel, whether artificially
improved or not; or
(ii)
in an artificial channel that has changed the
course of the watercourse; and
(b) includes the bed and banks and any other element
of a river, creek or stream confining or containing
water.
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water main—
1
Water main means infrastructure used for transporting
water, other than stormwater.
2
Water main includes a maintenance cover for the
stormwater drain.
water resource plan means a water resource plan under the
Water Act 2000.
Water Supply Act means the Water Supply (Safety and
Reliability) Act 2008.
waterway, for a provision about constructing or raising
waterway barrier works, see the Fisheries Act, schedule.
waterway barrier works see the Fisheries Act, schedule.
waterways spatial data layer means the document called
‘Queensland waterways for waterway barrier works’ made by
the department in which the Fisheries Act is administered and
published on the Queensland Government Information
Service website.
Note—
The Queensland Government Information
<dds.information.qld.gov.au/DDS/>.
Service
website
is
wetland see the Environmental Protection Regulation,
schedule 12.
wetland protection area see the Environmental Protection
Regulation, schedule 12.
wholesale nursery—
1
Wholesale nursery means the use of premises for the
wholesale of plants grown on or adjacent to the
premises.
2
Wholesale nursery includes the sale of gardening
materials, if the activity is ancillary to the use mentioned
in paragraph 1.
winery means the use of premises for—
(a)
manufacturing wine; or
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Working draft only - not government policy
Planning Regulation 2016
Schedule 32
(b)
1
2
3
selling wine that is manufactured on the premises.
ENDNOTES
Made by the Governor in Council on . . .
Notified on the Queensland legislation website on . . .
The administering agency is the Department of Infrastructure, Local
Government and Planning.
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