Fact sheet
A qualified state interest amendment under the Planning Act 2016
The Planning Act 2016 will replace the current Sustainable Planning Act 2009 (SPA) when it commences on
3 July 2017.
This fact sheet has been developed for planning practitioners and provides information about the new
qualified state interest amendment prescribed in the draft Minister’s Guidelines and Rules (MGR).
What is a qualified state interest amendment?
A qualified state interest amendment is a new type of planning scheme amendment administered by local
government. In the draft MGR, the three SPA amendment types (administrative, minor and major) are
carried forward, with the addition of this new amendment type.
A qualified state interest amendment is intended to apply to amendments with limited or qualified state
interests, or for which no adverse impact on state interests is anticipated.
Examples of qualified state interest amendments include:
 corrections or changes that do not meet the minor amendment definition in the MGR
 new locally focused policy direction (i.e. changes to residential care facility codes and zonings)
 changes to State Planning Policy mapping where the mapping is locally refined by the local government.
The draft MGR (schedule 1, section 3) prescribes other types of qualified state interest amendments. A
qualified state interest amendment must follow the process (rules) set out for this type of amendment in the
draft MGR.
Where is a qualified state interest amendment in the planning framework?
The Planning Act (section 20) prescribes that a local government may amend a planning scheme by
following a process in the Minister’s rules, which are prescribed in the draft MGR. This is in addition to the
option to amend a local planning scheme using the tailored process (under section 18 of the Planning Act).
The draft MGR (chapter 2, part 3) prescribes the process (rules) for a qualified state interest amendment.
Sections 23 through to 25 of chapter 2 (part 5) are also applicable.
Why is a new amendment process needed?
The qualified state interest amendment process will benefit local governments who want to make
amendments that do not meet the narrow definition of a minor amendment, but also where a full major
amendment process is not required.
The qualified state interest amendment process aims to reduce state interest stages and timeframes, and
therefore progress amendments to adoption faster than a major amendment. This will allow a local planning
scheme to be more responsive to changing needs and circumstances.
Local governments will be encouraged to liaise with the state government about the specific state interests
relevant to a qualified state interest amendment to reduce delays during the amendment process.
Fact sheet –
Qualified state interest
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Fact sheet
A qualified state interest amendment under the Planning Act 2016
Will the community be consulted?
A qualified state interest amendment will be required to undergo public consultation for a minimum period of
20 business days.
The local government is required to prepare a communications strategy that is given to the Minister for
review, prior to public consultation, that:
 complies with any consultation requirements under the Planning Act
 includes a written statement about the extent and outcomes of any consultation undertaken with state
agencies and the public about the amendment
 describes how the attention of the community, or the affected part of the community, will be drawn to the
purpose and general effect of the amendment
 has been prepared having regard to the department’s community engagement toolkit (non-statutory).
Minister’s review
The Planning Minister will formally review the qualified state interest amendment at two points:
 Review one: notice to amend a planning scheme.
 Review two: notice of compliance.
Review one: notice to amend a planning scheme
The first review will occur when the local government submits their notice to amend the planning scheme.
This notice must include the proposed amendment, a communication strategy, a summary of consultation
undertaken with state agencies (and the outcomes of that consultation) and other supporting material.
The local government is unable to commence public consultation until the Minister gives a notice allowing
them to proceed. The Minister must provide a notice to the local government within 20 business days of
receiving the local government’s notice to amend.
Review two: notice of compliance
The second review will occur following public consultation, when a notice of compliance is given by the local
government to the Minister.
The Minister will have the opportunity during this review to:
 determine whether the amendment continues to meet the definition of a qualified state interest
amendment, as set out in the draft MGR (schedule 1)
 consider whether the adoption version of the amendment is not significantly different from the notified
version.
The Minister must give a notice to the local government within 20 business days of receiving the local
government’s notice of compliance.
The draft MGR (chapter 2, part 5) also provides for the Minister to give an intervention notice to the local
government. This notice has the effect of suspending the process and prescribing actions that must be
undertaken by the local government. The intervention notice is intended to be used infrequently, and only
where the amendment process is not proceeding in accordance with the rules.
For more information, visit www.betterplanning.qld.gov.au/planning-reform or email
[email protected].
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