Integrated Planning Amendment Regulation (No. 1) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 136 Integrated Planning Act 1997 INTEGRATED PLANNING AMENDMENT REGULATION (No. 1) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 2A (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 4 (Referral agencies and jurisdiction) . . . . . . . . . . . . . . . . 2 5 Omission of s 13 (Postponed commencement of uncommenced provisions—Building and Integrated Planning Amendment Act). . . . . . . . . 2 6 Replacement of schs 1–2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SCHEDULE 1 TYPE OF ASSESSMENT FOR ASSESSABLE DEVELOPMENT SCHEDULE 1A ALTERNATIVE ASSESSMENT MANAGERS SCHEDULE 2 REFERRAL AGENCIES AND JURISDICTION 7 Replacement of sch 4 (Thresholds for development not contiguous to State controlled roads) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 SCHEDULE 4 THRESHOLDS FOR DEVELOPMENT NOT CONTIGUOUS TO STATE–CONTROLLED ROADS 8 Replacement of sch 8 (Court fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 SCHEDULE 8 COURT FEES

s1 2 s6 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 1 Short title This regulation may be cited as the Integrated Planning Amendment Regulation (No. 1) 2001. 2 Regulation amended This regulation amends the Integrated Planning Regulation 1998 . 3 Amendment of s 2A (Definitions) Section 2A— insert— ‘ “Building Code of Australia” means the Building Code of Australia as defined under the Building Act 1975 .’. 4 Amendment of s 4 (Referral agencies and jurisdiction) Section 4(1)(b), ‘type in column 3’— omit, insert— ‘type in column 2’. 5 Omission of s 13 (Postponed commencement of uncommenced provisions—Building and Integrated Planning Amendment Act) Section 13— omit. 6 Replacement of schs 1–2 Schedules 1 to 2— omit, insert—

s6 3 s6 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 ‘SCHEDULE 1 ‘TYPE OF ASSESSMENT FOR ASSESSABLE DEVELOPMENT section 3 Column 1 Aspect of assessable development 1. The aspects of building work that are assessable under the Building Act 1975 2. Assessable development under the Environmental Protection Act 1994 , section 75, if the administering authority for the development is prescribed as the alternative assessment manager under schedule 1A of this regulation 3. Material change of use of premises for a licensed brothel in an industrial area or on strategic port land 4 . Material change of use of premises for a licensed brothel other than in an industrial area or on strategic port land, unless a local planning instrument, or amendment of a local planning instrument, made after 1 July 2000 requires code assessment 5. Operational work that is the clearing of native vegetation if the assessment manager is the chief executive administering the Vegetation Management Act 1999 6. Material change of use of premises on strategic port land Column 2 Type of assessment required Code assessment Code assessment Code assessment Impact assessment Code assessment Code assessment

s6 4 s6 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 ‘SCHEDULE 1A ‘ALTERNATIVE ASSESSMENT MANAGERS section 3A ‘PART 1—FOR ASSESSABLE DEVELOPMENT WHOLLY WITHIN A LOCAL GOVERNMENT AREA Column 1 Assessable development 1. Assessable development under the Environmental Protection Act 1994 , section 75, if— (a) the development is not assessable development under a planning scheme; and (b) the application does not include other assessable development; and (c) no other assessment manager is prescribed for the development in this schedule 2. Operational work that is— (a) the clearing of native vegetation; and (b) assessable development under schedule 8 of the Act; and (c) not wholly on strategic port land; and (d) not included in an application for other assessable development 3. Development wholly on strategic port land Column 2 Assessment manager The administering authority The chief executive administering the VegetationManagementAct1999 Chief executive officer of the port authority for the land

s6 5 s6 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 ‘PART 2—FOR OTHER ASSESSABLE DEVELOPMENT Column 1 Assessable development 1. Assessable development under the Environmental Protection Act 1994, section 75, if— (a) all or part of the development is not assessable development under a planning scheme; and (b) the application does not include other assessable development; and (c) no other assessment manager is prescribed for the development in this schedule 2. Operational work that is— (a) the clearing of native vegetation; and (b) assessable development under schedule 8 of the Act; and (c) not wholly on strategic port land; and (d) not included in an application for other assessable development 3. Development wholly on strategic port land Column 2 Assessment manager The administering authority The chief executive administering the VegetationManagementAct1999 Chief executive officer of the port authority for the land

s6 6 s6 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 ‘SCHEDULE 2 ‘REFERRAL AGENCIES AND JURISDICTION section 4 Column 1 Column 2 Column 3 Column 4 Application involving Name of referral agency Type of referral agency Referral jurisdiction Building work—special fire services 1. Assessment of an aspect of building work (other than temporary or special structures) against the Standard Building Regulation if the building work is required by the Standard BuildingRegulation to contain special fire services listed in schedule 2 of that regulation Queensland Fire and Rescue Authority Advice Fire safety Building work—workplace area less than 2.3 m 2 2. Assessment of an aspect of building work against the Standard Building Regulation, if the application involves a workplace area less than 2.3 m 2 (free of any encumbrance) for each employee The chief executive administering the WorkplaceHealth andSafety Act1995 Advice Workplace health and safety

s6 7 s6 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 Column 1 Column 2 Column 3 Column 4 Application involving Name of referral agency Type of referral agency Referral jurisdiction Environmentally relevant activities 3. Assessable development under the EnvironmentalProtection Act 1994 , section 75 , if the administering authority is not the alternative assessment manager for the development under schedule 1A The administering authority Concurrence Protection of the environment against contaminants— (a) that will or may be released into the environment when the environmentally relevant activity to which the development relates is carried out; and (b) the release of which will or may cause environmental harm Contaminated land 4. Reconfiguration of a lot, or a material change of use that is assessable development under a planning scheme if— The administering authority Concurrence Protection of the environment by the management of contaminated land (a) the existing use of the land is, or if the land is vacant land with no existing use the most recent use of the land was, for a notifiable activity under the Environmental Protection Act1994 , schedule 2; or

s6 8 s6 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 Column 1 Application involving (b) the proposed use of the land is for child care, educational, recreational, residential or similar purposes and the existing use of the land is, or if the land is vacant land with no existing use the most recent use of the land was, for an industrial activity; or (c) the land is on the environmental management register or contaminated land register under the Environmental ProtectionAct 1994 ; or (d) the land is wholly or partly within an area for which an area management advice for industrial activity or natural mineralisation has been issued and the proposed use of the land is for child care, educational, recreational, residential or similar purposes; or (e) the land is wholly or partly within an area for which an area management advice for unexploded ordnance has been issued Column 2 Name of referral agency Column 3 Type of referral agency Column 4 Referral jurisdiction

s6 9 s6 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 Column 1 Column 2 Column 3 Column 4 Application involving Name of referral agency Type of referral agency Referral jurisdiction Development contiguous to State-controlled roads 5. Development on land contiguous to a State-controlled road that is any of the following— (a) a material change of use that is assessable development under a planning scheme; (b) the reconfiguration of a lot (other than a reconfiguration if the total number of lots is not increased and the number of lots abutting the State-controlled road is not increased); (c) operational works that are filling or excavation operations not associated with a material change of use or reconfiguration of a lot The chief executive administering the TransportInfrastructureAct 1994 For a future state-control led road not defined by route— Advice; or for any other case— Concurrence The objectives of the TransportInfrastructure Act1994 , section 2(1) and (2)(b) Development not contiguous to State-controlled roads 6. Development on land not contiguous to a State-controlled road and in a local government area for which there is a IPA planning scheme (other than a transitional planning scheme), that— The chief executive administering the TransportInfrastructureAct 1994 Concurrence The objectives of the TransportInfrastructure Act1994 , section 2(1) and (2)(b) (a) is mentioned in schedule 4, column 1; and (b) is for a purpose mentioned in schedule 4, column 2; and (c) exceeds the threshold stated for the development in schedule 4, column 3 for the purpose; and

s 6 10 s 6 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 Column 1 Column 2 Column 3 Column 4 Application involving Name of referral agency Type of referral agency Referral jurisdiction (d) is inconsistent with plans for State-controlled road infrastructure 7. Development on land not contiguous to a State-controlled road and in a local government area for which there is a transitional planning scheme, that— (a) is mentioned in schedule 4, column 1; and (b) is for a purpose mentioned in schedule 4, column 2; and (c) exceeds the threshold stated for the development in schedule 4, column 3 for the purpose The chief executive administering the TransportInfrastructureAct 1994 For up to 5 times the thresholds mentioned in schedule 4, column 3— Advice [Note— See section 6.1.54(5) of the Act]; or for any other case— Concurrence The objectives of the TransportInfrastructure Act1994 , section 2(1) and (2)(b) Clearing vegetation 8. Operational work that is the clearing of native vegetation and assessable development under schedule 8 of the ActThe chief executive administering the VegetationManagementAct 1999 Concurrence The purposes of the VegetationManagement Act1999 Strategic port land 9. Material change of use of premises on strategic port land that is inconsistent with the current land use plan for the strategic port land The Minister administering the TransportInfrastructureAct 1994 Concurrence The suitability of the proposed use having regard to the following— (a) the current land use plan;

s 6 11 s 6 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 Column 1 Application involving Column 2 Name of referral agency Column 3 Type of referral agency Column 4 Referral jurisdiction (b) the views about the proposed use of each local government in whose area the premises are situated, and the relevant port authority’s representations about the views; (c) unless the referral agency is satisfied public consultation about the proposed use would not be practicable because of urgent or exceptional circumstances—the results of public consultation about the proposed use carried out by or on behalf of the relevant port authority, and the port authority’s representations about the results

s 6 12 s 6 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 Column 1 Column 2 Column 3 Application involving Name of referral agency Type of referral agency Acid sulfate soils 10. Development that— (a) is subject to impact assessment under a planning scheme or assessed as development requiring impact assessment under a transitional planning scheme; and (b) is on land below 5 m Australian height datum or in an area identified in a planning scheme as an area containing acid sulfate soils; and (c) involves any of the following activities— (i) excavating more than 1 000 m 3 of material from an area identified as an area containing acid sulfate soils; or (ii) using more than 1 000 m 3 of material as fill; or (iii) dewatering land by permanent or temporary drainage of overland stormwater or surface water, or the removal of groundwater from soils or sediments, by, for example, drainage channels or pumps The chief executive administering the Land Act1994 Advice Column 4 Referral jurisdiction Planning for, and management of, coastal development in areas containing acid sulfate soils

s 7 13 s 7 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 Column 1 Column 2 Column 3 Column 4 Application involving Name of referral agency Type of referral agency Referral jurisdiction Private health facilities 11. Assessment of an aspect of building work against the Standard Building Regulation if the building work— (a) is for a private health facility under the PrivateHealth Facilities Act 1999 ; and (b) purports to comply with the performance requirement for the work, other than by the deemed-to-satisfy provisions for the work, under the Building Code of Australia, Qld Part H110 The chief health officer under the Health Act1937 Concurrence Assessment of the building work for compliance with the performance requirement under the Building Code of Australia, Qld Part H110 Declared catchment areas 12. Development, other than assessable development under the Environmental ProtectionAct 1994 , section 75, in an area declared to be a catchment area under the Water Act 2000 if the development is— (a) the reconfiguration of a lot and any lot resulting from the reconfiguration is less than 16 ha; or (b) the establishment or expansion of a waste water disposal system The chief executive administering the Water Act2000 Concurrence Preserving water quality in the catchment areas 7 Replacement of sch 4 (Thresholds for development not contiguous to State controlled roads) Schedule 4— omit, insert—

s 7 14 s 7 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 ‘SCHEDULE 4 ‘THRESHOLDS FOR DEVELOPMENT NOT CONTIGUOUS TO STATE–CONTROLLED ROADS section 4(2) and schedule 2, items 6 and 7 Column 1 Type of development Material change of use that is assessable development under a planning scheme Column 2 Purpose Column 3 Threshold Residential (including rural residential) LGA population 1—200 dwellings LGA population 2—50 dwellings Club Community facility or public building (including library, community hall, civic centre, conference or convention centre) Hotel (including accommodation) Indoor recreation Indoor tourist facility Place of worship Shop (including bulk retailing) Shopping centre (including non-retail floor space used for purposes such as cinemas, restaurants or offices) LGA population 1—8 000 m 2 GFA LGA population 2—4 000 m 2 GFA Accommodation facility (including boarding houses, camping areas, caravan parks, guest houses, holiday units, hostels and motels) LGA population 1—200 accommodation units LGA population 2—50 accommodation units Restaurant (including fast 600 m 2 GFA food outlets)

s 7 15 s 7 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 Column 1 Type of development Column 2 Purpose Column 3 Threshold Business premises (government or private) Car park Freight depot Outdoor recreation Transit centre 5000 m 2 TSA Medical centre 1200 m 2 GFA Theatre or cinema Seating for 2 000 people Child care centre Capacity for 280 children Primary school Secondary school TAFE college University All Tourist facility, other than a totally indoor tourist facility (including aquariums, theme parks or zoos) 5 000 m 2 TSA Or for the indoor component for LGA population 1—8 000 m 2 GFA LGA population 2—4 000 m 2 GFA Extractive industry Mineral processing Refinery Smelter Using machinery having an annual throughput of product of 10000 tonnes Abattoir Feedlot Intensive animal-husbandry 2 000 head Marina 600 berths Factory Warehouse Other material change of use LGA population 1—16 000 m 2 GFA LGA population 2—8 000 m 2 GFA

s 8 16 s 8 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 Column 1 Column 2 Column 3 Type of development Purpose Threshold Reconfiguring a Residential (including lot rural residential) LGA population 1—200 dwellings LGA population 2—50 dwellings Business Commercial Retail LGA population 1—12 000 m 2 TSA LGA population 2—3 000 m 2 TSA Industrial LGA population 1—32 000 m 2 TSA LGA population 2—16 000 m 2 TSA Any other purpose 12 000 m 2 TSA Operational works Filling or excavation operation not associated with a material change of use or reconfiguration of a lot 10 000 tonnes 8 Replacement of sch 8 (Court fees) Schedule 8— omit, insert— ‘SCHEDULE 8 ‘COURT FEES section 5A $ 1. Filing a notice of appeal . . . . . . . . . . . . . . . . . . . . . . . . . 27.50 2. Setting down an appeal for hearing . . . . . . . . . . . . . . . . 54.00 3. Filing an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13.00 4. Sealing and issuing a subpoena . . . . . . . . . . . . . . . . . . . 13.00

s 8 17 s 8 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 $ 5. Issuing a certificate on final judgment, order, finding or decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.00 6. Filing an affidavit or deposition . . . . . . . . . . . . . . . . . . . 9.40 7. Filing exhibits mentioned in an affidavit or deposition and required to be filed— (a) each exhibit. . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 (b) maximum fee . . . . . . . . . . . . . . . . . . . . . . . . . 16.90 8. Sealing a document with the seal of the court . . . . . . . . 25.00 9. Filing a copy of notice of appeal to the Court of Appeal 25.00 10. Filing a notice of withdrawal of an appeal . . . . . . . . . . . 13.00 11. Filing an authority to use a person’s name as next friend 13.00 12. Filing an appointment of an agent . . . . . . . . . . . . . . . . . 9.40 13. Filing a document for which no other fee is provided . . 9.40 14. Issuing a copy of a record of the court or a document or exhibit filed in the registry— (a) each page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.70 (b) maximum fee. . . . . . . . . . . . . . . . . . . . . . . . . . 40.50 15. Issuing a copy of reasons for judgment—each page. . . . 1.60 16. Entering a judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41.50 17. Filing an order on an application. . . . . . . . . . . . . . . . . . . 41.50 18. Opening or keeping the registry open after hours— (a) on a Saturday, Sunday, public holiday or court holiday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231.00 (b) on any other day— (i) before 8 a.m. or after 6 p.m. . . . . . . . . . . 231.00 (ii) between 8 a.m. and 9 a.m. . . . . . . . . . . . 115.00 (iii) between 4 p.m. and 6 p.m. . . . . . . . . . . . 115.00 19. Inspecting the record in an appeal or other proceeding . 10.00 20. Filing a document by leave of the court . . . . . . . . . . . . . 13.00 21. Posting a document—each document. . . . . . . . . . . . . . . 10.50 22. Attending a view— (a) within 8 km of the court . . . . . . . . . . . . . . . . . 61.00 (b) more than 8 km from the court . . . . . . . . . . . . 115.00 23. Supplying a copy of a call-over list . . . . . . . . . . . . . . . . 8.50

s 8 18 s 8 Integrated Planning Amendment Regulation (No. 1) No. 136, 2001 2001 $ 24. Making an appointment for assessment of a costs statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.50 25. Assessing a costs statement—for each $100 or part of $100 allowed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.50 26. Order for the amount assessed under a costs statement . 38.50’. ENDNOTES 1. Made by the Governor in Council on 9 August 2001. 2. Notified in the gazette on 10 August 2001. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Local Government and Planning. © State of Queensland 2001