Integrated Planning Amendment Regulation (No. 1) 2007 (Qld)

Queensland Integrated Planning Amendment Regulation (No. 1) 2007 Subordinate Legislation 2007 No. 39 made under the IntegratedPlanningAct1997 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 3 (Type of assessment and applicable codes, laws and policies for development—Act, sch 8 (schedule 1)) . . . 3 5 Replacement of s 7 (Prescribed applications for referral coordination (schedules 7 and 8)) . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Development for which particular applications require public notification—Act, s 6.7.1A . . . . . . . . . . 3 6 Amendment of s 12 (State resources (schedule 10)) . . . . . . . . . . 3 7 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2A Prescribed matters for environmental impact statements 14A Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 4 14B Development for which EIS process applies—Act, s 5.8.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14C Criteria for making decision about requirement for EIS .............................. 5 14D Criteria for public notification of draft terms of reference for EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14E Content of draft terms of reference for EIS and draft EIS .............................. 6

2 Integrated Planning Amendment Regulation (No. 1) 2007 No. 39, 2007 14F Public notification of draft terms of reference for EIS and draft EIS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14G Matters for inclusion in draft EIS. . . . . . . . . . . . . . . . . 7 14H Content of EIS assessment report . . . . . . . . . . . . . . . 7 14I To whom EIS and other material must be given . . . . . 8 8 Amendment of sch 1 (Type of assessment and applicable codes, laws and policies for development under the Act, schedule 8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Amendment of sch 2 (Referral agencies and their jurisdiction) . . 14 10 Amendment of sch 7 (Development requiring referral coordination—purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11 Amendment of sch 8 (Development requiring referral coordination—areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 12 Replacement of sch 10 (State resources) . . . . . . . . . . . . . . . . . . 18 Schedule 10 State resources 13 Amendment of sch 13D (Development impacting on railway safety and efficiency, and thresholds) . . . . . . . . . . . . . . . . . . . . . 21 14 Amendment of sch 14 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 21

s1 3 s6 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 1 Short title This regulation may be cited as the Integrated Planning Amendment Regulation (No. 1) 2007 . 2 Regulation amended This regulation amends the IntegratedPlanningRegulation 1998. 3 Commencement This regulation commences on 31 March 2007. 4 Amendment of s 3 (Type of assessment and applicable codes, laws and policies for development—Act, sch 8 (schedule 1)) Section 3, heading, before ‘sch 8’— insert— ‘ s 3.1.3 and ’. 5 Replacement of s 7 (Prescribed applications for referral coordination (schedules 7 and 8)) Section 7— omit, insert— ‘7 Development for which particular applications require public notification—Act, s 6.7.1A ‘For section 6.7.1A(1)(c)(ii) of the Act, schedules 7 and 8 prescribe development for which a notification period of 30 business days applies under section 6.7.1A(2) of the Act.’. 6 Amendment of s 12 (State resources (schedule 10)) Section 12— insert—

s7 4 s7 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 ‘(2) The chief executive may decide that evidence provided to support an application that involves taking or interfering with a resource may be used to support 1 or more other applications for the same type of development, regardless of who is the applicant. ‘(3) If the chief executive makes a decision under subsection (2), the evidence is a general authority to support applications for the particular type of development. ‘(4) If the evidence required to support an application is a general authority, a copy of the general authority must be attached to the application. ‘(5) The chief executive may decide that a general authority can no longer be used to support an application for a particular type of development. ‘(6) In this section— chief executive means the chief executive of the department administering the resource.’. 7 Insertion of new pt 2A After section 14— insert— ‘Part 2A Prescribed matters for environmental impact statements ‘14A Definitions for pt 2A In this part— ‘ Commonwealth Minister means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act. designated proponent , for development, means the person designated as a proponent for the development under the Commonwealth Environment Act, section 75(3).

s7 5 s7 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 relevant impacts has the meaning given by the Commonwealth Environment Act, section 82. ‘14B Development for which EIS process applies—Act, s 5.8.1 ‘(1) Development is prescribed for section 5.8.1 of the Act if— (a) the Commonwealth Minister has, under the Commonwealth Environment Act— (i) decided the approach for assessing the relevant impacts of the development is assessment by an accredited assessment process; and (ii) given notice of the decision; or Note — See the Commonwealth Environment Act, chapter 4, part 8, division 3 (Decision on assessment approach). (b) the relevant impacts of the development are to be assessed under a bilateral agreement. ‘(2) However, the development must be development for which the chief executive decides an EIS is required. ‘(3) Any steps or actions taken in the EIS process before the action mentioned in subsection (1)(a) happens are taken to have complied with this part. ‘(4) In this section— bilateral agreement has the meaning given by the Commonwealth Environment Act, section 45(2). ‘14C Criteria for making decision about requirement for EIS ‘In making a decision under section 14B(2), the chief executive must consider— (a) the importance of the development to the State or part of the State; and (b) the complexity of the development including—

s7 6 s7 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 (i) the size or nature of the development; and (ii) the number of entities, or local government areas potentially affected by the development; and (c) the significance of the potential environmental, economic and social impacts of the development. ‘14D Criteria for public notification of draft terms of reference for EIS ‘For section 5.8.4(1)(b) of the Act, the criteria for public notification of draft terms of reference for an EIS are— (a) the complexity of the matters mentioned in the application for terms of reference for the EIS; and (b) the likely level of public interest in the draft terms of reference. ‘14E Content of draft terms of reference for EIS and draft EIS ‘(1) For sections 5.8.4(3)(f) and 5.8.7(1)(a)(v) of the Act, each of the following matters must be stated in a notice— (a) the development’s name; (b) the proponent’s name; (c) if the proponent and designated proponent for the development are not the same entity—the designated proponent’s name; (d) the development’s location; (e) any matter mentioned in the Commonwealth Environment Act, section 34, and protected by a controlling provision for the development. ‘(2) In this section— controlling provision , for development, means a provision of the Commonwealth Environment Act, chapter 2, part 3, decided by the Commonwealth Minister as a controlling provision for the development under chapter 4, part 7, division 2 of that Act.

s7 7 s7 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 ‘14F Public notification of draft terms of reference for EIS and draft EIS ‘For sections 5.8.4(4) and 5.8.7(2) of the Act, a notice must be published— (a) in a newspaper circulating throughout Australia; and (b) in a newspaper circulating generally in the State. ‘14G Matters for inclusion in draft EIS ‘For section 5.8.6(2) of the Act, the draft EIS must include the matters mentioned in the Environment Protection and Biodiversity Conservation Regulations 2000 (Cwlth), schedule 4. ‘14H Content of EIS assessment report ‘(1) For section 5.8.12(e) of the Act, an EIS assessment report about an EIS for development must contain each of the following— (a) the development’s name; (b) the name of the designated proponent for the development; (c) the development’s location; (d) a description of any matters of national environmental significance; (e) a summary of the relevant impacts of the development; (f) a description of feasible mitigation measures, or changes to the development or procedures, to prevent or minimise the development’s relevant impacts, proposed by the proponent or suggested in relevant submissions; (g) to the extent practicable, a description of feasible alternatives to the development identified in the EIS process, and the likely impact of the alternatives on matters of national environmental significance; (h) a statement of conditions of approval for the development that may be imposed to address impacts,

s8 8 s8 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 identified in the EIS process, on matters of national environmental significance. ‘(2) In this section— matters of national environmental significance means matters of national environmental significance mentioned in the Commonwealth Environment Act, chapter 2, part 3, division 1. relevant submissions means properly made submissions, or other submissions accepted by the chief executive under section 5.8.8 of the Act. ‘14I To whom EIS and other material must be given ‘For section 5.8.13(d) of the Act, the entity is the Commonwealth Minister.’. 8 Amendment of sch 1 (Type of assessment and applicable codes, laws and policies for development under the Act, schedule 8) (1) Schedule 1, heading, ‘development under the Act, schedule 8’— omit, insert— ‘ particular development ’. (2) Schedule 1, heading, ‘section 3’ and footnote— omit, insert— ‘section 3’. (3) Schedule 1, before part 1 heading— insert— ‘ Note — This schedule identifies the type of assessment for some aspects of development, in particular development made assessable under schedule 8 of the Act. The type of assessment for other aspects of development may be stated in a planning scheme, a temporary local planning instrument or the regulatory provisions.’. (4) Schedule 1, part 2—

s8 9 s8 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 insert— ‘Table 5: Various aspects of development Development Codes, laws and policies that may apply for assessment Residential, commercial or industrial development in a wild river area 1 The following aspects of development for residential, commercial or industrial purposes in a wild river area— (a) material change of use of premises made assessable under a planning scheme or temporary local planning instrument; Wild Rivers Act 200 5, section 43 Any applicable code for the development mentioned in the wild river declaration for the wild river area’. (b) reconfiguring a lot made assessable under the Act, schedule 8; (c) operational works for the reconfiguration of a lot made assessable under the Act, schedule 8, part 1, table 4, item 2; (d) operational work made assessable under a planning scheme or temporary local planning instrument (5) Schedule 1, part 3, table 1, item 2, column 2, after the entry in the column— insert— ‘ For a wild river area— (a) the Fisheries Act 1994 , section 76DC; and (b) any applicable code for the development mentioned in the wild river declaration for the wild river area’. (6) Schedule 1, part 3, table 2, item 1, column 2, after the entry in the column— insert— ‘ For a wild river area— (a) the Environmental Protection Act 1994 , section 73AA; and (b) any applicable code for the development mentioned in the wild river declaration for the wild river area’. (7) Schedule 1, part 3, table 2, item 6, column 2, after the entry in the column—

s 8 10 s 8 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 insert— ‘ For a wild river area— (a) the Fisheries Act 1994 , section 76DA; and (b) any applicable code for the development mentioned in the wild river declaration for the wild river area’. (8) Schedule 1, part 3, table 2— insert— ‘Certain agricultural or animal husbandry activities in a wild river area 7 Agricultural or animal husbandry activities in a wild river area— (a) made assessable under the Act, schedule 8, part 1, table 2, item 11; and Wild Rivers Act 200 5, section 42 Any applicable code for the development mentioned in the wild river declaration for the wild river area’. (b) for which the chief executive under the Wild Rivers Act 2005 is the assessment manager (9) Schedule 1, part 3, table 4, item 1, column 2, after the entry in the column— insert— ‘ For a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area’. (10) Schedule 1, part 3, table 4, item 3— omit, insert— ‘Taking or interfering with water—generally 3 Taking or interfering with water under The relevant provisions of the the Water Act 2000 — following— (a) made assessable under the Act, (a) the Water Act 2000 ; and socthheerduthlean8, pparaargt r1a,pthab( lde) ; 4a, nitdem 3, (b) R th e e gu co la d t e io s n m 2 e 0 n 0 ti 2 o,nseedctiinonth6e1 W A ater (b) tfhoer w W h a i t c e h r A th c e t c 2 h 0 i 0 e 0 f eisxethceutive under For a wild river area— assessment manager (a) the Water Act 2000 , section 966A; and (b) any applicable code for the development mentioned in the wild river declaration for the wild river area

s 8 11 s 8 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 Interfering with overland flow water in a declared drainage and embankment area 3A Taking or interfering with water under the Water Act 2000 — The relevant provisions of the Water Act 2000 (a) made assessable under the Act, schedule 8, part 1, table 4, item 3(d); and (b) for which the chief executive under the Water Act 2000 is the assessment manager For a wild river area— (a) the Water Act 2000 , section 966B; and (b) any applicable code for the development mentioned in the wild river declaration for the wild river area’. Editor’s note — Under the Water Act 2000 , section 1013C, a wild river floodplain management area is taken to be a drainage and embankment area for that Act.’. (11) Schedule 1, part 3, table 4, item 4A, column 2, after the entry in the column— insert— ‘ For a wild river area—— (a) the Coastal Protection and Management Act 1995 , section 104A; and (b) any applicable code for the development mentioned in the wild river declaration for the wild river area’. (12) Schedule 1, part 3, table 4, item 5, column 2, after the entry in the column— insert— ‘ For a wild river area— (a) the Coastal Protection and Management Act 1995, section 104A; and (b) any applicable code for the development mentioned in the wild river declaration for the wild river area’. (13) Schedule 1, part 3, table 4, item 6, column 2, after the entry in the column— insert— ‘ For a wild river area— (a) the Fisheries Act 1994 , section 76DA; and

s 8 12 s 8 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 (b) any applicable code for the development mentioned in the wild river declaration for the wild river area’. (14) Schedule 1, part 3, table 4, item 7, column 2, after the entry in the column— insert— ‘ For a wild river area— (a) the Fisheries Act 1994 , section 76DC; and (b) any applicable code for the development mentioned in the wild river declaration for the wild river area.’. (15) Schedule 1, part 3, table 4, item 8, column 2, after the entry in the column— insert— ‘ For a wild river area— (a) the Fisheries Act 1994 , section 76DB; and (b) any applicable code for the development mentioned in the wild river declaration for the wild river area’. (16) Schedule 1, part 3, table 4— insert— ‘Certain agricultural or animal husbandry activities in a wild river area 9 Agricultural or animal husbandry activities in a wild river area— (a) made assessable under the Act, schedule 8, part 1, table 4, item 10; and Wild Rivers Act 200 5, section 42 Any applicable code for the development mentioned in the wild river declaration for the wild river area’. (b) for which the chief executive under the Wild Rivers Act 2005 is the assessment manager (17) Schedule 1, part 3, table 5, item 2, column 2, after the entry in the column— insert— ‘ For a wild river area— (a) the Water Act 2002 , section 966C; and (b) any applicable code for the development mentioned in the wild river declaration for the wild river area’. (18) Schedule 1, part 3, table 5—

s 8 13 s 8 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 insert— ‘Certain environmentally relevant activities in a wild river area 5 For an environmentally relevant activity Environmental Protection Act 1994 , in a wild river area— section 73AA (a) made assessable under the Act, schedule 8, part 1, table 5, item 4; and (b) for which the administering authority is the assessment manager Any applicable code for the development mentioned in the wild river declaration for the wild river area’. (19) Schedule 1, part 4, table 1, item 3, column 2, after the entry in the column— insert— ‘ For a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area’. (20) Schedule 1, part 4, table 2, item 1, column 2, after the entry in the column— insert— ‘ For a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area’. (21) Schedule 1, part 4, table 4, item 1— omit, insert— ‘Taking or interfering with water 1 Taking or interfering with water under the Water Act 2000 made self-assessable under the Act, schedule 8, part 2, table 4, item 1 The codes mentioned in the WaterRegulation 2002 , section 62 For a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area’. (22) Schedule 1, part 4, table 4, item 3, column 2, after the entry in the column— insert— ‘ For a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area’. (23) Schedule 1, part 4, table 4, item 4, column 2, after the entry in the column—

s 9 14 s 9 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 insert— ‘ For a wild river area, any applicable code for the development mentioned in the wild river declaration for the wild river area’. 9 Amendment of sch 2 (Referral agencies and their jurisdiction) (1) Schedule 2, table 2, item 1, column 1, paragraph (a), after ‘item 1’— insert— ‘or schedule 8, part 1, table 5, item 4’. (2) Schedule 2, table 2, heading for items 24 to 26, ‘near’— omit, insert— ‘adjoining’. (3) Schedule 2, table 2— insert— ‘Certain agricultural or animal husbandry activities in a wild river area 36 A material change of use of premises for agricultural or animal husbandry activities in a wild river area— (a) made assessable under the Act, schedule 8, part 1, table 2, item 11; and The chief executive under the WildRivers Act 2005 —as a concurrence agency The purposes of the Wild Rivers Act 2005 (b) for which the chief executive under the Wild Rivers Act 2005 is not the assessment manager 37 Operational work for agricultural or animal husbandry activities in a wild river area— (a) made assessable under the Act, schedule 8, part 1, table 4, item 10; and The chief executive under the WildRivers Act 2005 —as a concurrence agency The purposes of the Wild Rivers Act 2005 (b) for which the chief executive under the Wild Rivers Act 2005 is not the assessment manager

s 9 15 s 9 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 Land in or near a wetland 38 Reconfiguring a lot if— (a) any part of the lot is situated in, or within 100m of, a wetland; and The chief executive (environment)—as an advice agency (b) the reconfiguration results in more than 10 lots, or any lot resulting from the reconfiguring is less than 5ha Land in or near a conservation estate 39 Reconfiguring a lot if— (a) any part of the lot is situated in, or within 100m of, any of the following— (i) a protected area, forest reserve, critical habitat or area of major interest under the Nature Conservation Act1992 ; The chief executive under the relevant Act mentioned in column 1—as an advice agency (ii) a State forest or timber reserve under the Forestry Act1959 ; (iii) a marine park under the Marine Parks Act 2004 ; (iv) a recreation area under the Recreation Area Management Act 1988 ; (v) a world heritage area listed under the World Heritage Convention; (vi) Brisbane forest park under the Brisbane Forest Park Act1977 ; and (b) the reconfiguration results in more than 10 lots, or any lot resulting from the reconfiguring is less than 5ha The purposes of the EnvironmentalProtection Act 1994 The purposes of the relevant Act mentioned in column 1

s 9 16 s 9 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 40 Material change of use for urban The chief executive purposes if any part of the lot is under the relevant situated in, or within 100m of, any of Act mentioned in the following— column 1—as an (a) a protected area, forest reserve, advice agency critical habitat or area of major interest under the NatureConservation Act 1992 ; The purposes of the relevant Act mentioned in column 1 (b) a State forest or timber reserve under the Forestry Act 1959 ; (c) a marine park under the MarineParks Act 2004 ; (d) a recreation area under the Recreation Area Management Act 1988 ; (e) a world heritage area listed under the World Heritage Convention; (f) Brisbane forest park under the Brisbane Forest Park Act 1977 Land adjacent to a heritage registered place 41 Reconfiguring a lot if the lot shares a The chief executive The purposes of the common boundary with a protected under the Queensland area or registered place under the Queensland Heritage Heritage Act 1992’. Queensland Heritage Act 1992 Act 1992 —as an advice agency (4) Schedule 2, table 3, heading, after ‘instrument’— insert — ‘ or the regulatory provisions ’. (5) Schedule 2, table 3— insert — ‘Land in or near a wetland 20 Material change of use, other than for a The chief executive domestic activity, if any part of the lot (environment)—as is situated in, or within 100m of, a an advice agency wetland The purposes of the EnvironmentalProtection Act 1994

s 10 17 s 10 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 Land in or near a conservation estate 21 Material change of use for urban The chief executive purposes if any part of the lot is under the relevant situated in, or within 100m of, any of Act mentioned in the following— column 1—as an (a) a protected area, forest reserve, advice agency critical habitat or area of major interest under the NatureConservation Act 1992 ; The purposes of the relevant Act mentioned in column 1 (b) a State forest or timber reserve under the Forestry Act 1959 ; (c) a marine park under the MarineParks Act 2004 ; (d) a recreation area under the Recreation Area Management Act 1988 ; (e) a world heritage area listed under the World Heritage Convention; (f) Brisbane forest park under the Brisbane Forest Park Act 1977 Land adjacent to a heritage registered place 22 Material change of use if the lot shares The chief executive The purposes of the a common boundary with a protected under the Queensland area or registered place under the Queensland Heritage Heritage Act 1992 Queensland Heritage Act 1992 Act 1992 —as an advice agency Certain preliminary approvals 23 Development for which preliminary The chief executive approval is sought under the Act, administering the section 3.1.6 Act, chapter 3—as an advice agency The purposes of the Integrated PlanningAct 1997 ’. 10 Amendment of sch 7 (Development requiring referral coordination—purposes) Schedule 7, heading, ‘requiring referral coordination’— omit, insert— ‘ for which a notification period of 30 business days applies ’.

s 11 18 s 12 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 11 Amendment of sch 8 (Development requiring referral coordination—areas) (1) Schedule 8, heading, ‘requiring referral coordination’— omit, insert— ‘ for which a notification period of 30 business days applies ’. (2) Schedule 8, paragraph (c)(iv) to (vi)— omit, insert— ‘(iv) a wetland.’. 12 Replacement of sch 10 (State resources) Schedule 10— omit, insert— ‘Schedule 10 State resources section 12 ‘State resource 1 Land subject to a lease (including a freeholding lease), or a reserve or deed of grant in trust, under the Land Act 1994, other than to the extent that item 17 applies to the land, if the lessee or trustee is, or represents, the State Department administering resource The department administering the lease, reserve or deed of grant in trust Required evidence Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource

s 12 19 s 12 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 ‘State resource 2 Land subject to a lease (including a freeholding lease), or a reserve or deed of grant in trust, under the Land Act 1994— (a) if the lessee or trustee is not, or does not represent, the State; and (b) other than to the extent that item 17 applies to the land 3 Strategic port land under the TransportInfrastructure Act 1994 , other than freehold land 4 Land subject to a permit to occupy or licence under the Land Act 1994 , other than to the extent that item 17 applies to the land Department administering resource The department in which that Act is administered The department in which the LandAct 1994 is administered The department in which that Act is administered Required evidence Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource 5 Land held in fee simple by The department the State, other than to the administering the extent that item 17 applies land to the land 6 Land that is unallocated State land under the LandAct 1994, other than to the extent that item 17 applies to the land, other than— (a) a canal under the Coastal Protection andManagement Act 1995 ; or (b) land mentioned in item 11, 12 or 13; or (a) the bed and banks of a watercourse or lake, under the Water Act2000 , section 21, to the extent that item 14 or 15 applies to the land The department in which that Act is administered Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource Evidence the chief executive of that department is satisfied— (a) the development is consistent with an allocation of, or an entitlement to, the resource; or (b) the development application may proceed in the absence of an allocation of, or an entitlement to, the resource

s 12 20 s 12 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 ‘State resource 7 Land administered under the Forestry Act 1959, other than to the extent that item 17 applies to the land Department administering resource The department in which part 4 of that Act is administered Required evidence Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource 8 Land that is a road (other than a State-controlled road) or stock route, other than to the extent that item 17 applies to the land 9 A State-controlled road 10 Quarry material taken under the Coastal Protection and Management Act 1995 11 Queensland fisheries resources and fish habitats allocated under the Fisheries Act 1994 12 Queensland fisheries resources and unallocated tidal land that is for a prescribed aquaculture development allocated under the Fisheries Act1994 The department in which the LandAct 1994 is administered The department in which the TransportInfrastructure Act1994 is administered The department in which that Act is administered The department in which that Act is administered The department in which that Act is administered Evidence the chief executive of that department is satisfied— (a) the development is consistent with an allocation of, or an entitlement to, the resource; or (b) the development application may proceed in the absence of an allocation of, or an entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource Evidence the chief executive of that department is satisfied— (a) the development is consistent with an allocation of, or an entitlement to, the resource; or (b) the development application may proceed in the absence of an allocation of, or an entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource

s 13 21 s 14 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 ‘State resource 13 Land, including non-tidal land, that is a fish habitat area under the FisheriesAct 1994 , and fisheries resources within a fish habitat area 14 Quarry material taken from a watercourse or lake under the Water Act 2000 15 Water taken or interfered with under the Water Act 2000 16 A referrable dam under the Water Act 2000 17 Quarry material taken under the Forestry Act1959 Department administering resource The department in which that Act is administered The department in which that Act is administered The department in which that Act is administered The department in which that Act is administered The department in which parts 6 and 6A of that Act is administered Required evidence Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource Evidence of an allocation of, or an entitlement to, the resource Evidence the chief executive of that department is satisfied— (a) the development is consistent with an allocation of, or an entitlement to, the resource; or (b) the development application may proceed in the absence of an allocation of, or an entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or an entitlement to, the resource’. 13 Amendment of sch 13D (Development impacting on railway safety and efficiency, and thresholds) Schedule 13D, for the entry ‘Community building or facility purposes’, column 2, after ‘5000m 2 ’— insert— ‘or more’. 14 Amendment of sch 14 (Dictionary) Schedule 14— insert—

s 14 22 s 14 Integrated Planning Amendment Regulation (No. 1) No. 39, 2007 2007 ‘ Commonwealth Minister , for part 2A, see section 14A. designated proponent , for part 2A, see section 14A. relevant impacts , for part 2A, see section 14A. wetland means an area shown as a wetland on ‘Map of referable wetlands’, a document approved by the chief executive (environment). Editor’s note — At the commencement of this definition, the document may be inspected on < World Heritage Convention means the Convention for the Protection of the World Cultural and Natural Heritage that has been adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization, a copy of which is set out in the schedule to the World Heritage Properties Conservation Act 1983 (Cwlth).’. ENDNOTES 1 Made by the Governor in Council on 22 March 2007. 2 Notified in the gazette on 23 March 2007. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Local Government, Planning, Sport and Recreation. © State of Queensland 2007