Integrated Planning Amendment Regulation (No. 2) 2004 (Qld)

Integrated Planning Amendment Regulation (No. 2) 2004

Queensland Integrated Planning Amendment Regulation (No. 2) 2004 Subordinate Legislation 2004 No. 200 made under the IntegratedPlanningAct1997 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of new pt 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Replacement of ss 2–4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 Type of assessment and applicable codes, laws and policies for development—Act, sch 8 (Schedule 1) . . 4 4 Local governments that must review priority infrastructure plans—Act s.2.2.5 (Schedule 3) . . . . . . 5 5 Referral agencies and their jurisdictions—Act s 3.1.8 (Schedule 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Renumbering of s 5 (Referral agency assessment period—Act, s 3.3.14) ............................ 6 7 Replacement of ss 5AA–7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Prescribed applications for referral coordination (Schedules 7 and 8) . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Court fees (Schedule 9) . . . . . . . . . . . . . . . . . . . . . . . 6 10 Tribunal appeal fees—Act, s 4.2.15 . . . . . . . . . . . . . . 7 11 Tribunal fast track fee—Act, s 4.2.16 . . . . . . . . . . . . . 8

8 9 10 11 12 13 Part 1 Part 2 Part 3 Part 4 2 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 12 State resources (Schedule 10). . . . . . . . . . . . . . . . . . 13 Development for community infrastructure exempt from planning scheme assessment (Schedule 11) . . 14 Conditions requiring compliance assessment (Schedule 12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 3 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 8 and 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Qualifications of general referee—Act, s 4.2.37 . . . . . 16 General manager of Queensland Building Services Authority may prosecute certain offences . . . . . . . . . Renumbering of ss 10–11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 19–21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Guidelines for priority infrastructure plans—Act, s 5.1.3 .................... 20 Guidelines for making or amending infrastructure charges schedules—Act, s 5.1.5 . . . . . . . . . . . . . . . . 21 Trunk infrastructure charge rates—Act s 5.1.15 (Schedule 13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 12 (Prescribed applications for referral coordination—Act, s 6.1.35C) . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of schs 1–8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 1 Type of assessment and applicable codes, laws and policies for development under the Act, schedule 8 Impact assessable development Code assessment unless a planning scheme requires impact assessment Code assessment Self-assessable development Schedule 2 Referral agencies and their jurisdiction Schedule 3 Local governments required to review priority infrastructure plans Schedule 4 Referral agency assessment periods Schedule 5 Thresholds for development not contiguous to state-controlled roads Schedule 6 LGA population 1 areas Schedule 7 Development requiring referral coordination—purposes Schedule 8 Development requiring referral coordination—areas Schedule 9 Court fees 8 8 8 9 9 9 11 11 11 11 12 12 13 13

3 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Schedule 10 Schedule 11 Schedule 12 Schedule 13 Schedule 14 State resources Development for community infrastructure exempt under schedule 9, table 5, item 5 of the Act Conditions requiring compliance assessment Trunk infrastructure charge rates Dictionary

s1 4 s5 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 1 Short title This regulation may be cited as the Integrated Planning Amendment Regulation (No. 2) 2004 . 2 Commencement This regulation commences on 4 October 2004. 3 Regulation amended This regulation amends the IntegratedPlanningRegulation1998. 4 Insertion of new pt 1 hdg Before section 1— insert — ‘Part 1 Preliminary’. 5 Replacement of ss 2–4 Sections 2 to 4— omit, insert — ‘2 Definitions ‘The dictionary in schedule 14 defines particular words used in this regulation. ‘Part 2 Application of schedules ‘3 Type of assessment and applicable codes, laws and policies for development—Act, sch 8 (Schedule 1) ‘(1) For section 3.1.3(1) of the Act —

s5 5 s5 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 (a) schedule 1, part 1, column 1 identifies an aspect of development requiring impact assessment; and (b) schedule 1, part 1, column 2 identifies the codes, laws and policies that may apply for assessing the aspect. ‘(2) For section 3.1.3(1) of the Act— (a) schedule 1, part 2, column 1 identifies an aspect of development requiring code assessment unless a planning scheme requires impact assessment; and (b) schedule 1, part 2, column 2 identifies the codes, laws and policies that may apply for assessing the aspect. ‘(3) For section 3.1.3(1) of the Act— (a) schedule 1, part 3, column 1 identifies an aspect of development requiring code assessment; and (b) schedule 1, part 3, column 2 identifies the codes, laws and policies that may apply for assessing the aspect. ‘(4) For self-assessable development — (a) schedule 1, part 4, column 1 identifies an aspect of development that is self-assessable under schedule 8, part 2 of the Act; and (b) schedule 1, part 4, column 2 identifies the codes, laws and policies that may apply for assessing the aspect. ‘4 Local governments that must review priority infrastructure plans—Act s.2.2.5 (Schedule 3) For section 2.2.5 of the Act, the local governments mentioned in schedule 3 are prescribed. ‘5 Referral agencies and their jurisdictions—Act s 3.1.8 (Schedule 2) ‘For section 3.1.8 of the Act and schedule 10 of the Act, definitions advice agency and concurrence agency — (a) schedule 2, column 2 states the referral agency, and whether it is an advice agency or a concurrence agency,

s6 6 s7 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 for the development application mentioned in column 1; and (b) schedule 2, column 3 states the jurisdiction of the referral agency mentioned in column 2.’. 6 Renumbering of s 5 (Referral agency assessment period—Act, s 3.3.14) (1) Section 5, ‘schedule 3’— omit, insert — ‘schedule 4’. (2) Section 5— renumber as section 6. 7 Replacement of ss 5AA–7 Sections 5AA to 7— omit, insert — ‘7 Prescribed applications for referral coordination (Schedules 7 and 8) ‘For section 3.3.5(1)(b)(ii) of the Act, schedules 7 and 8 identify development for which referral coordination is required. ‘8 Court fees (Schedule 9) ‘The fees payable for a proceeding in the court are in schedule 9. ‘9 Jurisdiction of tribunals—Act, s 4.2.7 ‘The following matters are prescribed for the Act, section 4.2.7(2)(b)— (a) a decision on a development application about the alternative provisions;

s7 7 s7 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 (b) a decision on a broadscale application as defined under the Vegetation Management Act 1999 ; (c) a decision on a vegetation clearing application as defined under the Vegetation Management Act 1999 , but only if the chief executive is the assessment manager for the application. ‘10 Tribunal appeal fees—Act, s 4.2.15 ‘(1) For section 4.2.15(2) of the Act, the fees payable for an appeal against a decision mentioned in section 9(a), other than an appeal started by a building referral agency, are stated in subsections (2) and (3). ‘(2) The fee payable, if the appeal is to be decided by a tribunal without a site inspection by the tribunal or a member of the tribunal is— (a) if the decision is about a class 1 building or a class 10 building or structure—$255; or (b) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of 500 m 2 or less—$365; or (c) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area greater than 500 m 2 —$530. ‘(3) The fee payable, if the matter is to be decided by a tribunal after a site inspection by a tribunal or a member of the tribunal is— (a) if the decision is about a class 1 building or a class 10 building or structure—$420; or (b) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of 500 m 2 or less—$530; or (c) if the decision is about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area greater than 500 m 2 —$785. ‘(4) The fee payable for an appeal against a decision mentioned in section 9(b) or (c) is $250.

s7 8 s7 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 ‘11 Tribunal fast track fee—Act, s 4.2.16 ‘(1) This section prescribes the fee to accompany a request under section 4.2.16 of the Act to the chief executive to appoint a tribunal to start hearing an appeal within 2 business days after starting the appeal. ‘(2) The fee payable under this section is 50% of, and is in addition to, the fee payable for the appeal under section 10. ‘(3) However, if the chief executive refuses the request, the fee must be refunded. ‘12 State resources (Schedule 10) ‘For section 3.2.1(5) of the Act, schedule 10 prescribes State resources and the evidence required to support an application that involves taking or interfering with a resource. ‘13 Development for community infrastructure exempt from planning scheme assessment (Schedule 11) ‘For schedule 9, table 5, item 5 of the Act, development, identified in schedule 11, for community infrastructure is exempt from assessment against a planning scheme. ‘14 Conditions requiring compliance assessment (Schedule 12) ‘(1) For section 3.5.31A of the Act, schedule 12 prescribes— (a) matters for which a condition may require a document or work to be assessed for compliance with a condition; and (b) the way the assessment, and the process for the assessment, of the document or work must be carried out. ‘(2) For section 4.4.15 of the Act, schedule 12 also prescribes, for the assessment— (a) the circumstances in which a person may appeal; and (b) the entity to whom the appeal must be made; and

s8 9 s9 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 (c) the time by which, and the way in which, the appeal must be made; and (d) the provisions of the Act applying for hearing and deciding the appeal.’. 8 Insertion of new pt 3 heading After section 14, as inserted by this regulation— insert — ‘Part 3 Miscellaneous’. 9 Replacement of ss 8 and 9 Sections 8 and 9— omit, insert — ‘15 Qualifications of general referee—Act, s 4.2.37 ‘(1) For section 4.2.37 of the Act, each of the following qualifications or experience for a member of a tribunal that is to hear and decide a matter is prescribed for the matter— (a) a demonstrated ability— (i) to negotiate and mediate outcomes between parties to an appeal; 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 considers is sufficient to enable the person to perform the functions of a member of the tribunal in relation to the matter— (i) building design and construction; (ii) siting of residential buildings;

s 9 10 s 9 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 (iii) neighbourhood amenity issues; (iv) relevant health or fire safety issues; (v) the Act, the Building Act 1975 or the Plumbing andDrainage Act 2002 ; (vi) BuildingCode of Australia, Queensland Development Code, or Australian Standards relating to building work; (vii) National Plumbing and Drainage Code, or Australian Standards relating to plumbing and drainage work. ‘(2) If the matter is about the alternative provisions at least 1 member of the tribunal must, in addition, have— (a) a university qualification in town planning; and (b) substantial experience in interpreting and applying provisions of a planning scheme when assessing development. ‘(3) However, if the matter is about a decision mentioned in section 9(b) or (c), the qualifications and experience are— (a) a demonstrated ability— (i) to negotiate and mediate outcomes between parties to an appeal; 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; and (b) demonstrated knowledge of the following— (i) administrative decision-making; (ii) the Vegetation Management Act 1999 ; (iii) the Integrated Planning Act 1997 ; (iv) the role of vegetation in ecological processes; and

s 10 11 s 11 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 (c) either— (i) tertiary qualifications in environmental science or natural resource management; or (ii) substantial experience in a field of work requiring the application of environmental science or natural resource management. ‘16 General manager of Queensland Building Services Authority may prosecute certain offences ‘For the QueenslandBuildingServicesAuthorityAct1991 , section 18(1)(c), the general manager of the Queensland Building Services Authority may bring a proceeding in a magistrates court on a complaint to prosecute a person for an offence under— (a) the Act, chapter 5, part 3; or (b) section 17 of this regulation.’. 10 Renumbering of ss 10–11 Sections 10 and 11— renumber as sections 17 and 18. 11 Insertion of new ss 19–21 After section 18, as renumbered by this regulation— insert — ‘19 Guidelines for priority infrastructure plans—Act, s 5.1.3 ‘The guidelines for priority infrastructure plans are contained in IPA Infrastructure Guideline 1/04, Priority Infrastructure Plans , dated 4 October 2004, and published by the department.

s 11 12 s 11 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 ‘20 Guidelines for making or amending infrastructure charges schedules—Act, s 5.1.5 ‘The guidelines for making or amending infrastructure charges schedules are contained in IPA Infrastructure Guideline 2/04, Infrastructure Charges Schedules , dated 4 October 2004, and published by the department. ‘21 Trunk infrastructure charge rates—Act s 5.1.15 (Schedule 13) ‘(1) For section 5.1.15 of the Act— (a) the development for which a charge may be levied is— (i) reconfiguring a lot; or (ii) a material change of use of premises that is assessable under a planning scheme; or (iii) carrying out building work that is assessable development; and (b) the charges are the amounts calculated under schedule 13. ‘(2) For calculating an amount under schedule 13, a charge unit is the amount decided by the relevant local government applying schedule 13. ‘(3) However, a charge unit must not be more than $1 500. ‘(4) A charge under subsection (1) applies only for development that could reasonably be expected to create or add to demand on the infrastructure network for which the charge is taken. ‘(5) If in relation to infrastructure for which a charge is levied a previous regulated infrastructure charge, infrastructure charge or contribution has been made, the charge levied must be reduced by an amount that fairly represents the current value of the amount previously paid.’.

s 12 13 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 12 Omission of s 12 (Prescribed applications for referral coordination—Act, s 6.1.35C) Section 12— omit . 13 Replacement of schs 1–8 Schedules 1 to 8— omit , insert — ‘Schedule 1 Type of assessment and applicable codes, laws and policies for development under the Act, schedule 8 section 3 1 Part 1 Impact assessable development Table 1: Building work 1 Table not used. 1 See section 3 for additional information.

s 13 14 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Table 2: Material change of use Development Codes, laws and policies that may apply for assessment Certain brothels 1 A brothel, as defined under the Prostitution Act 1999 , in an area other than 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 The following— (a) IDAS code mentioned in the Prostitution Regulation 2000 , schedule 3; and (b) the relevant provision of any local planning instrument Part 2 Code assessment unless a planning scheme requires impact assessment Table 1: Building work 1 Table not used Table 2: Material change of use 1 Table not used Table 3: Reconfiguring a lot Development Codes, laws and policies that may apply for assessment Under the Land Title Act 1994 1 Reconfiguring a lot made assessable under the Act, schedule 8 The relevant provisions of any local planning instrument

s 13 15 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Table 4: Operational work Development Codes, laws and policies that may apply for assessment Prescribed tidal work in a local government tidal area 1 Prescribed tidal work— (a) in a local government tidal area made assessable under the Act, schedule 8, part 1, table 4, item 5; and (b) for which a local government is the assessment manager The relevant provisions of any code for prescribed tidal works— (a) made under this regulation; and (b) any applicable local planning instrument Part 3 Code assessment Table 1: Building work Development Codes, laws and policies that may apply for assessment For the Standard Building Regulation 1 Building work assessable under the Act, The relevant provisions of— schedule 8, part 1, table 1, item 1 (a) the Building Act 1975 ; and (b) the Standard Building Regulation Table 2: Material change of use Development Codes, laws and policies that may apply for assessment Environmentally relevant activities 1 An environmentally relevant activity— (a) made assessable under the Act, schedule 8, part 1, table 2, item 1; and The relevant provisions of the Environmental Protection Act 1994 (b) for which the administering authority is the assessment manager

s 13 16 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Development Codes, laws and policies that may apply for assessment Certain brothels 2 A brothel, as defined under the Prostitution Act 1999 , in an industrial area or on strategic port land The IDAS code mentioned in the Prostitution Regulation 2000 , schedule 3 Strategic port land 3 On strategic port land made assessable The current land use plan approved under the Act, schedule 8, part 1, table 2, under the Transport Infrastructure Act item 3 1994 , section 171 Major hazard facilities 4 A major hazard facility or possible major hazard facility— (a) made assessable under the Act, schedule 8, part 1, table 2, item 4; and The relevant provisions of the Dangerous Goods Safety Management Act 2001 (b) for which the chief executive under the Dangerous Goods SafetyManagement Act 2001 is the assessment manager Contaminated land 5 On contaminated land— (a) made assessable under the Act, schedule 8, part 1, table 2, items 5 to 7; and The relevant provisions of the Environmental Protection Act 1994 (b) for which the administering authority is the assessment manager Table 3: Reconfiguring a lot 1 Table not used

s 13 17 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Table 4: Operational works Development Codes, laws and policies that may apply for assessment Clearing native vegetation 1 Clearing native vegetation— (a) made assessable under the Act, schedule 8, part 1, table 4, items 1A to 1G; and The relevant regional vegetation management code (b) for which the chief executive under the Vegetation Management Act1999 is the assessment manager Operational works associated with reconfiguring 2 Operational work associated with The relevant provisions of any applicable reconfiguring a lot made assessable under local planning instrument the Act, schedule 8 Taking, or interfering with, water 3 Taking or interfering with water under the The relevant provisions of the Water Water Act 2000 — Act 2000 (a) made assessable under the Act, schedule 8, part 1, table 4, item 3; and (b) for which the chief executive under the Water Act 2000 is the assessment manager Referrable dams 4 A referrable dam under the Water Act2000 — The relevant provisions of the Water Act 2000 (a) made assessable under the Act, schedule 8, part 1, table 4, item 4; and (b) for which the chief executive under the Water Act 2000 is the assessment manager

s 13 18 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Development Codes, laws and policies that may apply for assessment Tidal work, or work in a coastal management district 5 Tidal work or work in a coastal management district— The relevant provisions of the Coastal Protection and Management Act 1995 (a) made assessable under the Act, schedule 8, part 1, table 4, item 5; and (b) for which the chief executive under the Coastal Protection andManagement Act 1995 is the assessment manager Table 5: Various aspects of development Development Codes, laws and policies that may apply for assessment Strategic port land 1 On strategic port land other than development made assessable under the Act, schedule 8, part 1, table 2, item 3 Nil Removing quarry material 2 For removing quarry material in a watercourse or lake under the Water Act2000 — (a) made assessable under the Act, schedule 8, part 1, table 5, item 1; and (b) for which the chief executive under the Water Act 2000 is the assessment manager The relevant provisions of the WaterAct 2000 Heritage registered place 3 On a registered place under the Queensland Heritage Act 1992 — (a) made assessable under the Act, schedule 8, part 1, table 5, item 2; and (b) for which the Heritage Council is the assessment manager The relevant provisions of the Queensland Heritage Act 1992

s 13 19 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Development Codes, laws and policies that may apply for assessment Mobile and temporary environmentally relevant activity 4 For a mobile and temporary environmentally relevant activity— (a) made assessable under the Act, schedule 8, part 1, table 5, item 3; and (b) for which the administering authority is the assessment manager The relevant provisions of the Environmental Protection Act 1994 Part 4 Self-assessable development Table 1: Building work Development Codes, laws and policies that may apply for assessment By the State, a public sector entity or a local government 1 Building work made self-assessable under The relevant provisions of— the Act, schedule 8, part 2, table 1, item 1 (a) the Building Act 1975 ; and (b) the Standard Building Regulation For the Standard Building Regulation 2 Building work made self-assessable under The relevant provisions of— the Act, schedule 8, part 2, table 1, item 2 (a) the Building Act 1975 ; and (b) the Standard Building Regulation Table 2: Material change of use 1 Table not used

s 13 20 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Table 3: Reconfiguring a lot 1 Table not used Table 4: Operational work Development Codes, laws and policies that may apply for assessment 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 2, item 1 The codes mentioned in the WaterRegulation 2002 , section 62 Table 5: Various aspects of development Development Codes, laws and policies that may apply for assessment Environmentally relevant activit y 1 An environmentally relevant activity made self assessable under this Act, schedule 8, part 2, table 5, item 1 The relevant code of environmental compliance under the EnvironmentalProtection Regulation 1998

s 13 21 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 ‘Schedule 2 Referral agencies and their jurisdiction section 5 2 Table 1: For building work assessable against the StandardBuilding Regulation Application involving Referral agency and type Special fire services—generally 1 A fire safety system for a building or structure, other than a temporary or special structure, if the building work— Queensland Fire and Rescue Service—as an advice agency (a) requires special fire services listed in the Standard BuildingRegulation, schedule 2; and (b) includes an alternative solution 1 assessed against the performance requirements of the BuildingCode of Australia, Volume 1, for the fire safety system Referral jurisdiction For item (1)(a), the matters mentioned in the StandardBuilding Regulation, schedule 3. For item (1)(b), the Building Act 1975 2 See section 5 for additional information.

s 13 22 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency and type Referral jurisdiction Special fire services—budget accommodation buildings 2 A fire safety system for a budget accommodation building, if the work involves a solution— (a) assessed against— (i) the performance criteria stated in the Queensland Development Code, part 14; or Queensland Fire and Rescue Service—as an advice agency The fire safety management procedures under the Fire and Rescue Service Act 1990 (ii) the performance requirements of the Building Code of Australia, volumes 1 and 2, for the fire safety system; (b) that includes fire safety management procedures as a condition of the use and occupation of the building Workplace involving spray painting 3 A workplace involving spray painting if— (a) the Queensland Development Code, part 2, applies to the work; and (b) the work is required to comply with performance criteria for the work (other than by an acceptable solution) Chief executive under the Workplace Healthand Safety Act1995 —as a concurrence agency The performance criteria stated in the Queensland Development Code, part 2 Retail meat premises 4 A retail meat premises if— (a) the Queensland Development Code, part 4, applies to the work; and (b) the work is required to comply with performance criteria for the work (other than by an acceptable solution) Safe Food Queensland—as a concurrence agency The performance criteria stated in the Queensland Development Code, part 4

s 13 23 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency and type Referral jurisdiction Private health facilities 5 A private health facility if— (a) the Queensland Development Code, part 7, applies to the work; and (b) the work is required to comply with performance criteria for the work (other than by an acceptable solution) The chief health officer under the Health Act1937 —as a concurrence agency The performance criteria stated in the Queensland Development Code, part 7 Workplace area less than 2.3 m 2 6 A workplace area less than 2.3 m 3 if— (a) the Queensland Development Code, part 1, applies to the work; and (b) the work is required to comply with the performance criterion for work areas, 2 other than by the acceptable solution for work areas, stated in part 1 Chief executive under the Workplace Healthand Safety Act1995 —as an advice agency The performance criteria stated in the Queensland Development Code, part 1 Land contiguous to a State-controlled road 7 Land contiguous to a State-controlled road, if the building work— (a) is not associated with a material change of use mentioned in table 3, item 1(a) or reconfiguring a lot mentioned in table 2, item 2; and (b) is for a non-residential purpose; and (c) involves the redirection or intensification of site stormwater from the land, through a pipe with a cross-sectional area greater than 250mm 2 that directs stormwater to a State-controlled road Chief executive under the TransportInfrastructure Act1994 — (a) if the building work is proposed in a future State -controlled road not defined by route—as an advice agency; and (b) in all other cases—as a concurrence agency The purposes of the TransportInfrastructure Act1994

s 13 24 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency and type Referral jurisdiction Pastoral worker’s accommodation 8 Pastoral worker’s accommodation if— (a) the Queensland Development Code, part 21, applies to the work; and (b) the work is required to comply with the performance requirements for accommodation stated in the part (other than by an acceptable solution) The chief executive under the PastoralWorkers’AccommodationAct 1980 —as a concurrence agency The performance criteria stated in the Queensland Development Code, part 21 Child care centres 9 A child care centre if— (a) the Queensland Development Code, part 22, applies to the work; and (b) the work is required to comply with the performance requirements for child care centres stated in the part (other than by an acceptable solution) The chief executive under the ChildCare Act 2002— as a concurrence agency The performance criteria stated in the Queensland Development Code, part 22 Coastal management districts 10 Land completely or partly seaward of a coastal building line under the Coastal Protection and ManagementAct 1995 Chief executive under the CoastalProtection andManagement Act1995 —as a concurrence agency Coastal management under the CoastalProtection andManagement Act1995, excluding amenity or aesthetic significance or value Heritage registered place 11 For development on a registered place as defined under the QueenslandHeritage Act 1992 The Queensland The purposes of the Heritage Queensland Heritage Council—as a Act 1992 concurrence agency 1 Building Code of Australia, part A1 (Interpretation), section A1.1 (Definitions)— Alternative Solution means a Building Solution which complies with the Performance Requirements other than by reason of satisfying the Deemed-to-Satisfy Provisions . 2 See the Queensland Development Code, part 1, P5, for the performance criterion for work areas.

s 13 25 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Table 2: Other development made assessable under the Act, schedule 8 (whether or not the development is also assessable under a planning scheme) Application involving Referral agency and type Referral jurisdiction Environmentally relevant activities 1 A material change of use for an environmentally relevant activity— (a) made assessable under the Act, schedule 8, part 1, table 2, item 1; and The administering authority—as a concurrence agency The purposes of the Environmental Protection Act 1994 (b) for which the administering authority is not the assessment manager Land contiguous to a State-controlled road 2 Reconfiguring a lot on land contiguous to a State-controlled road unless— (a) the total number of lots is not increased; and (b) the total number of lots abutting the State-controlled road is not increased Chief executive under the TransportInfrastructure Act1994 — (a) if the development is proposed in a future State -controlled road not defined by route—as an advice agency; and The purposes of the Transport Infrastructure Act 1994 (b) in all other cases—as a concurrence agency

s 13 26 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency and type 3 Operational work not associated with a material change of use mentioned in table 3, item 1, or a reconfiguration mentioned in item 2 of this table that— Chief executive under the TransportInfrastructure Act1994 — (a) is associated with access to the (a) if the State-controlled road; or development is (b) is for filling or excavation; or proposed in a future (c) involves the redirection or State-controlled intensification of site stormwater road not from the land, through a pipe with defined by a cross-sectional area greater than route—as an 250mm 2 that directs stormwater to advice agency; a State-controlled road and (b) in all other cases—as a concurrence agency Clearing vegetation 4 Reconfiguration of a lot, if— (a) the lot contains— (i) a category 1 area, a category 2 area or a category 3 area shown on a property map of assessable vegetation; or Chief executive under the VegetationManagement Act1999 —as a concurrence agency (ii) if there is no property map of assessable vegetation for the lot—remnant vegetation; and (b) the size of the lot before the reconfiguration is 2 ha, or larger; and (c) 2 or more lots are created; and (d) the size of any lot created is 25 ha, or smaller Referral jurisdiction The purposes of the TransportInfrastructure Act1994 The purposes of the VegetationManagement Act1999

s 13 27 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency and type 5 Operational work, not associated with a reconfiguration mentioned in item 3 or a material change of use mentioned in table 3, item 11, for vegetation clearing— Chief executive under the VegetationManagement Act1999 —as a concurrence agency (a) made assessable under the Act, schedule 8, part 1, table 4, items 1A to 1G; and (b) for which the chief executive under the Vegetation ManagementAct 1999 is not the assessment manager Strategic port land 6 A material change of use on strategic port land made assessable under the Act, schedule 8, part 1, table 2, item 3 The Minister under the TransportInfrastructure Act1994 —as a concurrence agency Major hazard facilities 7 Material change of use of premises for a major hazard facility, or possible major hazard facility, as defined under the Dangerous Goods SafetyManagement Act 2001 , if the chief executive under the Dangerous GoodsSafety Management Act 2001 is not the assessment manager The chief executive under the Dangerous GoodsSafety ManagementAct 2001 —as a concurrence agency Taking or interfering with water 8 Operational work for taking or interfering with water under the WaterAct 2000 (other than in a drainage and embankment area controlling the flow of water into or out of a watercourse, lake or spring)— Chief executive under the Water Act2000 —as a concurrence agency (a) made assessable under the Act, schedule 8, part 1, table 4, item 3; and (b) for which the chief executive under the Water Act 2000 is not the assessment manager Referral jurisdiction The purposes of the VegetationManagement Act1999 The purposes of the TransportInfrastructure Act1994 Safe storage and handling of hazardous materials and the control of major hazard facilities The purposes of the Water Act 2000, to the extent the purposes relate to taking, or interfering with, water under that Act

s 13 28 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency and type Referral jurisdiction Controlling the flow of water in drainage and embankment areas 9 Operational work for taking or interfering with water under the WaterAct 2000 (in a drainage and embankment area controlling the flow of water into or out of a watercourse, lake or spring)— (a) made assessable under the Act, schedule 8, part 1, table 4, item 3; and (b) for which the chief executive under the Water Act 2000 is not the assessment manager Chief executive under the Water Act2000 —as a concurrence agency The purposes of the Water Act 2000, to the extent the purposes relate to taking, or interfering with, water under that Act and the protection of watercourses and water in watercourse Referable dams 10 Operational work for a referable dam— (a) made assessable under the Act, schedule 8, part 1, table 4, item 4; and (b) for which the chief executive, under the Water Act 2000 is not the assessment manager Chief executive under the Water Act2000 —as a concurrence agency The purposes of the Water Act 2000, to the extent the purposes relate to a referable dam Removal of quarry material 11 Development for the removal of quarry material— (a) made assessable under the Act, schedule 8, part 1, table 5, item 1; and (b) for which the chief executive under the Water Act 2000 is not the assessment manager Chief executive under the Water Act2000 —as a concurrence agency The purposes of the Water Act 2000, to the extent the purposes related to quarry material and riverine vegetation Tidal work, or development in a coastal management district 12 Operational work— (a) made assessable under the Act, schedule 8, part 1, table 4, item 5; and (b) for which the chief executive, under the Coastal Protection andManagement Act 1995 is not the assessment manager Chief executive under the CoastalProtection andManagement Act1995 —as a concurrence agency Coastal management under the Coastal Protection and Management Act 199 5, excluding amenity and aesthetic significance or value

s 13 29 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving 13 Reconfiguring a lot made assessable under the Act, schedule 8, part 1, table 3, item 1 if— (a) the land is situated completely or partly within a coastal management district; or (b) the reconfiguration is in connection with the construction of a canal 14 Operational work made assessable under the Act, schedule 8, part 1, table 4, item 5, that is— (a) tidal work; 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 15 Development on land below high water mark and within the limits of a port under the Transport Infrastructure Act1994 if the development is— (a) within 200 m of a shipping channel or an entry and exit shipping corridor for the port; or (b) within 1 000 m of a swing basin, a commercial shipping wharf, a mooring, anchorage or spoil grounds; or (c) within 1 000 m of a planned port facility identified in a land use plan 16 Development on land below high water mark and within the limits of a port under the Transport Infrastructure Act1994 , other than development in an area mentioned in item 15 Referral agency and type Chief executive under the CoastalProtection andManagement Act1995 —as a concurrence agency Chief executive under the TransportOperations (MarineSafety) Act1994 —as a concurrence agency The chief executive of the port authority for the land—as a concurrence agency The chief executive of the port authority for the land—as an advice agency Referral jurisdiction Coastal management under the Coastal Protection and Management Act 199 5, excluding amenity and aesthetic significance or value The purposes of the TransportOperations (MarineSafety) Act 1994 Port authority functions under the TransportInfrastructure Act1994 , chapter 8, part 3. Port authority functions under the TransportInfrastructure Act1994 , chapter 8, part 3

s 13 30 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency and type 17 Operational work made assessable under the Act, schedule 8, part 1, table 4, item 5, that is— Queensland Fire and Rescue Service—as an advice agency (a) tidal work; and (b) involves a marina, as defined under the Transport Operations(Marine Pollution) Regulation1995 , with more than 6 vessel berths Heritage registered place 18 Development on a registered place as defined under the Queensland HeritageAct 1992 — (a) made assessable under the Act, schedule 8, part 1, table 5, item 2; and Queensland Heritage Council—as a concurrence agency (b) for which the Queensland Heritage Council is not the assessment manager Declared catchment areas 19 Reconfiguring a lot, in an area declared to be a catchment area under the WaterAct 2000 , if any lot resulting from the reconfiguring is less than 16 ha Chief executive under the Water Act2000 —as a concurrence agency Electricity infrastructure 20 Reconfiguring a lot if— (a) any part of the lot is subject to an easement in favour of a distribution entity or transmission entity under the Electricity Act1994 and the easement is for a transmission grid or supply network under that Act; or The chief executive of the entity—as an advice agency (b) any part of the lot is situated within 100m of a substation site Referral jurisdiction The fire safety management procedures under the Fire and RescueService Act 1990 The purposes of the QueenslandHeritage Act 1992 Preserving water quality in catchment areas The purposes of the Electricity Act 1994 and the ElectricalSafety Act 2002

s 13 31 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency and type Referral jurisdiction Contaminated land 21 Reconfiguring a lot if all or part of the premises are— (a) premises mentioned in schedule 8, part 1, table 2, item 5 (other than paragraph (d)), item 6 (other than paragraph (e)) or item 7 (other than for a mining activity or petroleum activity); or The administering authority— as an concurrence agency Protection of the environment by the management of contaminated land under the Environmental Protection Act 1994 (b) in an area for which an area management advice has been given for unexploded ordnance 22 A material change of use— (a) made assessable under the Act, schedule 8, part 1, table 2, items 5 to 7; and (b) for which the administering authority is not the assessment manager The administering authority— as an concurrence agency Protection of the environment by the management of contaminated land under the EnvironmentalProtection Act 1994 Mobile and temporary environmentally relevant activity 23 Development for a mobile and temporary environmentally relevant activity— The administering The purposes of the authority— as an Environmental concurrence agency Protection Act 1994 (a) made assessable under the Act schedule 8, part 1, table 5, item 3; and (b) for which the administering authority is not the assessment manager

s 13 32 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Table 3: Development made assessable under a planning scheme Application involving Referral agency Referral and type jurisdiction Land contiguous to a State-controlled road 1 Development on land contiguous to a State-controlled road that is— (a) making a material change of use of premises that is assessable development under a planning scheme; or (b) operational work, not associated with a material change of use mentioned in paragraph (a) or reconfiguring a lot mentioned in table 2, item 2, that— (i) is associated with access to the State-controlled road; or (ii) is for filling or excavation; or Chief executive under the TransportInfrastructure Act1994 — (a) if the development is proposed in a future State-controlled road not defined by route—as an advice agency; and (b) in all other cases—as a concurrence agency The purposes of the Transport Infrastructure Act 1994 (iii) involves the redirection or intensification of site stormwater from the land, through a pipe with a cross-sectional area greater than 250mm 2 that directs stormwater to a State-controlled road

s 13 33 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency Referral and type jurisdiction Land not contiguous to a State-controlled road If a local government has a transitional planning scheme 2 Development on land not contiguous to a State-controlled road that— (a) is for an aspect of development identified in schedule 5; and (b) is for a purpose or purposes mentioned in schedule 5, column 1; and (c) exceeds the threshold, or combined threshold, in schedule 5, column 2 or 3 for the purpose or purposes Chief executive under the TransportInfrastructure Act1994 — (a) for development up to 5 times the thresholds mentioned in schedule 5, column 2—as an advice agency; (b) for all other cases—as a concurrence agency The purposes of the TransportInfrastructure Act1994 If a local government has an IPA planning scheme 3 Development on land not contiguous to a State-controlled road that— (a) is for an aspect of development identified in schedule 5; and (b) is for a purpose or purposes mentioned in schedule 5, column 1; and Chief executive under the TransportInfrastructure Act1994 —as a concurrence agency The purposes of the Transport Infrastructure Act 1994 (c) exceeds the threshold, or combined threshold, in schedule 5, column 2 or 3 for the purpose or purposes; and (d) is inconsistent with plans for State-controlled road infrastructure Acid sulfate soils 4 Development to which State planning policy 2/02 ‘Planning and managing development involving acid sulfate soils’ 1 applies if the development involves— (a) excavating more than 1 000 m 3 of soil or sediment; or (b) using more than 1 000 m 3 of material as fill Chief executive under the Land Act1994 —as an advice agency Planning for, and management of, development involving acid sulfate soils

s 13 34 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency Referral and type jurisdiction Declared catchment areas 5 Development— (a) involving the establishment or expansion of a waste water disposal system in an area declared to be a catchment area under the Water Act 2000 ; and Chief executive under the Water Act2000 —as a concurrence agency Preserving water quality in catchment areas (b) other than for carrying out an environmentally relevant activity under the Environmental Protection Act1994 Coastal management districts 6 Material change of use, if carrying out the change of use will involve— (a) operational works 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— Chief executive, under the CoastalProtection andManagement Act1995 —as a concurrence agency Coastal management under the CoastalProtection andManagement Act1995 , excluding amenity and aesthetic significance or value (i) the construction of new premises with a GFA of at least 1 000m 2 ; or (ii) the enlargement of the GFA of existing premises by more than 1 000m 2 Land designated for community infrastructure 7 Development on land designated for community infrastructure— (a) intended to be supplied by a public sector entity; and (b) on land not owned by or on behalf of the State; and (c) other than development— The chief executive of the department administering the Act authorising the development for the designated purpose—as a concurrence agency The effects of the development on the designated land, and its development for the designated purpose (i) for the designated purpose; or (ii) carried out by, or on behalf of, the designator

s 13 35 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency and type Electricity infrastructure 8 A material change of use not The chief executive associated with reconfiguring a lot of the entity—as an if— advice agency (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 easement is for a transmission grid or supply network under that Act; and (b) any structure or work that is the natural and ordinary consequence of the use is, or will be, located wholly or partly in the easement 9 A material change of use not The chief executive associated with reconfiguring a lot if of the entity—as an any part of the premises is situated advice agency within 100 m of a substation site 10 Operational work that is filling or excavation, not associated with reconfiguring a lot, if— (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 wholly or partly in the easement; or (b) the work is located wholly or partly within 10 m of a substation site The chief executive of the entity—as an advice agency Referral jurisdiction The purposes under the Electricity Act1994 and the Electrical Safety Act2002 The purposes under the Electricity Act1994 and the Electrical Safety Act2002 The purposes under the Electricity Act1994 and the Electrical Safety Act2002

s 13 36 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Application involving Referral agency and type Clearing vegetation 11 A material change of use, if— (a) the lot contains— (i) a category 1 area, a category 2 area or a category 3 area shown on a property map of assessable vegetation; or Chief executive under the VegetationManagement Act1999 —as a concurrence agency (ii) if there is no property map of assessable vegetation for the lot—remnant vegetation; and (b) the existing use is a rural or environmental use; and (c) the size of the land is 2 ha, or larger Contaminated land 12 A material change of use if all or part of the premises is in an area for which an area management advice has been given for unexploded ordinance The administering authority—as a concurrence agency Referral jurisdiction The purposes of the VegetationManagement Act1999 Protection of the environment by the management of contaminated land under the Environmental Protection Act 1994 1 State planning policy 2/02 ‘Planning and managing development involving acid sulfate soils’ is available for inspection on the following websites— the department’s website at < the Department of Natural Resources and Mines’ website at < s 13 37 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 ‘Schedule 3 Local governments required to review priority infrastructure plans section 4 Beaudesert Brisbane Bundaberg Burnett Caboolture Cairns Calliope Caloundra Cooloola Douglas Gladstone Gold Coast Hervey Bay Ipswich Livingstone Logan Mackay Maroochy Noosa Pine Rivers Redcliffe Redland

s 13 38 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Rockhampton Thuringowa Toowoomba Townsville Whitsunday ‘Schedule 4 Referral agency assessment periods section 6 Column 1 Name of referral agency Chief executive of the department in which the Pastoral Workers’ Accommodation Act 1980 is administered Queensland Fire and Rescue Service Column 2 Referral agency’s assessment period 20 15

s 13 39 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 ‘Schedule 5 Thresholds for development not contiguous to state-controlled roads schedule 2, table 3, items 2 and 3 Purpose Threshold for LGA population 1 Threshold for LGA population 2 Material change of use made assessable under a planning scheme 1 Residential (including rural residential) 200 dwellings 50 dwellings 2 Club 3 Community facility or public building (including library, community hall, civic centre, conference or convention centre) 8 000 m 2 GFA 4 000 m 2 GFA —combined total for —combined total for purposes 2 to 9 purposes 2 to 9 4 Hotel (including accommodation) 5 Indoor recreation 6 Indoor tourist facility 7 Place of worship 8 Shop (including bulk retailing) 9 Shopping centre (including non-retail floor space used for purposes such as cinemas, restaurants or offices) 10 Accommodation facility (including boarding houses, camping areas, caravan parks, guest houses, holiday units, hostels and motels) 200 accommodation 50 accommodation units units 11 Restaurant (including fast food outlets) 600 m 2 GFA 600 m 2 GFA 12 Business premises (government or 5 000 m 2 TSA 5 000 m 2 TSA private) —combined total for —combined total for 13 Car park purposes 12 to 16 purposes 12 to 16 14 Freight depot 15 Outdoor recreation 16 Transit centre

s 13 40 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Purpose Threshold for LGA population 1 17 Medical centre 1 200 m 2 GFA 18 Theatre or cinema complex Seating for 2000 people 19 Child care centre Capacity for 280 children 20 Primary school All 21 Secondary school 22 TAFE college 23 University 24 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 8 000 m 2 GFA 25 Extractive industry 26 Mineral processing 27 Refinery 28 Smelter Using machinery having an annual throughput of product of 10 000 tonnes—combined total for purposes 25 to 28 29 Abattoir 30 Feedlot 31 Intensive animal-husbandry 2 000 head —combined total for purposes 29 to 31 32 Marina 600 berths 33 Factory 34. Warehouse 35 Other material change of use 16 000 m 2 GFA —combined total for purposes 33 to 35 Reconfiguring a lot 36 Residential (including rural residential) 200 dwellings 37 Business 38 Commercial 39 Retail 12 000 m 2 TSA —combined total for purposes 37 to 39 40 Industrial 32 000 m 2 TSA 41 Any other purpose 12 000 m 2 TSA Threshold for LGA population 2 1 200 m 2 GFA Seating for 2000 people Capacity for 280 children All 5 000 m 2 TSA or for the indoor component 4 000 m 2 GFA Using machinery having an annual throughput of product of 10 000 tonnes—combined total for purposes 25 to 28 2 000 head —combined total for purposes 29 to 31 600 berths 8 000 m 2 GFA —combined total for purposes 33 to 35 50 dwellings 3 000 m 2 TSA —combined total for purposes 37 to 39 16 000 m 2 TSA 12 000 m 2 TSA

s 13 41 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Purpose Threshold for LGA population 1 Operational works 42 Filling or excavation operation not 10 000 tonnes associated with a material change of use or reconfiguring a lot Threshold for LGA population 2 10 000 tonnes ‘Schedule 6 Beaudesert Brisbane Bundaberg Caboolture Cairns Caloundra Cooloola Gold Coast Hervey Bay Ipswich Logan Mackay Maroochy Noosa Pine Rivers Redcliffe Redland LGA population 1 areas schedule 14, definition LGA population 1

s 13 42 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Rockhampton Thuringowa Toowoomba Townsville ‘Schedule 7 Development requiring referral coordination—purposes section 7 A material change of use, assessable against a planning scheme, for any of the following— (a) an aerodrome that is, or is proposed to be, used by commercial operators not normally living at the premises; (b) a large outdoor sport and recreation facility including, for example, a golf course, a major sporting venue and a racing circuit, but not including a golf course of 30 ha or less or a golf driving range; (c) a tourist resort— (i) with accommodation for more than 1 000 people, including staff; or (ii) on an offshore island; (d) a body of water (including an artificial lake but excluding an effluent pond or the like), that has, or would have after the change of use, a total surface area of more than 5 000 m 2 .

s 13 43 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 ‘Schedule 8 Development requiring referral coordination—areas section 7 A material change of use (other than for a dwelling house, outbuilding or farm building) assessable against a planning scheme, or reconfiguring a lot, if the premises— (a) are wholly or partly below a floodline adopted by the local government and the development involves filling an area greater than 5 000m 2 below the floodline; or (b) share a common boundary with a protected area or registered place under the QueenslandHeritageAct1992 ; or (c) contains or shares a common boundary with or is within 100 metres of the boundary of— (i) an area that is a critical habitat, a protected area, subject to a conservation agreement or an area of major interest under the NatureConservationAct1992 ; 3 or (ii) the wet tropics area under the WetTropicsWorldHeritage Protection and Management Act 1993 ; or (iii) a fish habitat under the Fisheries Act 1994, 4 if the proposed development— (A) has impact on riparian vegetation; or (B) results in alteration of natural flow patterns; or (C) requires the construction of a levee; or (D) does not contain stormwater management; or (E) allows contaminated runoff; or 3 See the Nature Conservation Act 1992 , ss 13, 28, 45 and 46 4 See Fisheries Regulation 1995 , schs 2, 3 or 7

s 13 44 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 (F) disturbs instream habitat; or (G) requires drainage of fish habitat; or (iv) an area listed as a wetland of international importance under the Ramsar Convention as defined under the Environmental Protection and Biodiversity Conservation Act 1999 (Cwlth); 5 or (v) an area listed as a wetland of importance in the Queensland chapter of A Directory of Important Wetlands in Australia as published by the Australian Nature Conservation Agency, 2001, Canberra; 6 or (vi) an area of permanent, periodic or intermittent inundation, whether natural or artificial, (other than an area for liquid waste disposal) with water that is static or flowing, fresh, brackish or salt (including areas of marine water the depth of which is not more that 6 metres at low tide) that— (A) under the document called State of the Environment Queensland 1999 , is a good example of a wetland type occurring in a bioregion under the report; or (B) plays an important ecological or hydrological role in the natural functioning of a major wetland system or complex; or (C) is important as the habitat for terrestrial and aquatic animal taxa at a vulnerable state in the life cycle, or provides a refuge when adverse conditions, such as drought, prevail; or (D) supports a significant number of bioregional populations of any native terrestrial and aquatic animal or plant taxa; or 5 See 6 See s 13 45 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 (E) supports native terrestrial and aquatic animal or plant taxa, or communities, that are endangered or vulnerable at the bioregional level. ‘Schedule 9 Court fees section 8 $ 1 Filing a notice of appeal . . . . . . . . . . . . . . . . . . . . . . . . . 32.00 2 Setting down an appeal for hearing . . . . . . . . . . . . . . . . 60.00 3 Filing an application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 4 Sealing and issuing a subpoena . . . . . . . . . . . . . . . . . . . 15.00 5 Issuing a certificate on final judgment, order, finding or decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43.00 6 Filing an affidavit or deposition . . . . . . . . . . . . . . . . . . . 10.50 7 Filing exhibits mentioned in an affidavit or deposition and required to be filed— (a) each exhibit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.30 (b) maximum fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19.00 8 Sealing a document with the seal of the court . . . . . . . . 28.00 9 Filing a copy of a notice of appeal to the Court of Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28.00 10 Filing a notice of withdrawal of an appeal . . . . . . . . . . . 15.00 11 Filing an authority to use a person’s name as a next friend. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 12 Filing an appointment of an agent . . . . . . . . . . . . . . . . . 10.50 13 Filing a document for which no other fee is provided . . 10.50 14 Issuing a copy of a record of the court or a document or exhibit filed in the registry— (a) each page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00

s 13 46 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 $ (b) maximum fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45.00 15 Issuing a copy of reasons for judgment—each page . . . 1.70 16 Entering a judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47.50 17 Filing an order on an application . . . . . . . . . . . . . . . . . . 47.50 18 Opening or keeping open the registry after hours— (a) on a Saturday, Sunday, public holiday or court holiday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260.00 (b) on any other day— (i) before 8 a.m. or after 6 p.m. . . . . . . . . . . . . . . 260.00 (ii) between 8 a.m. and 9 a.m. . . . . . . . . . . . . . . . 125.00 (iii) between 4 p.m. and 6 p.m. . . . . . . . . . . . . . . . 125.00 19 Inspecting the record in an appeal or other proceeding . 11.00 20 Filing a document by leave of the court . . . . . . . . . . . . . 15.00 21 Posting a document—each document . . . . . . . . . . . . . . 12.00 22 Attending a view— (a) within 8 km of the court . . . . . . . . . . . . . . . . . . . . . 69.00 (b) more than 8 km from the court . . . . . . . . . . . . . . . . 125.00 23 Supplying a copy of a callover list . . . . . . . . . . . . . . . . . 11.00 24 Making an appointment for assessment of a costs statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32.50 25 Assessing a costs statement—for each $100 or part of $100 allowed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.00 26 Order for the amount assessed under a costs statement . 42.00

s 13 47 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 ‘Schedule 10 State resources section 12 State resource Department administering resource Required evidence 1 Land subject to a deed of grant in trust if the trustee is a department The department that is the trustee Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource 2 Land subject to a deed of grant in trust if the trustee is not a department The department administering the Land Act 1994 Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource 3 Strategic port land under the TransportInfrastructure Act 1994 , other than freehold land The department administering the Land Act 1994 Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource 4 Land that is a reserve under the Land Act 1994 if — (a) there are no trustees; or (b) the trustee is the applicant; or (c) the holder or proposed holder of a lease or permit from the trustees is the applicant; or (d) the holder or proposed holder of a lease or permit from the department administering that Act is the applicant The department administering that Act Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource

s 13 48 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 5 Land that is a reserve under the Land Act 1994 if the trustee is a department 6 Land administered under the Forestry Act 1959 7 Land subject to a lease under the Land Act 1994 (including a freeholding lease) held for transport corridor purposes under the Transport Infrastructure Act 1994 8 Land subject to a lease under the Land Act 1994 (including a freeholding lease) held other than for transport corridor purposes under the Transport Infrastructure Act 1994 9 Land subject to a permit to occupy or license under the Land Act 1994 10 Land that is a road (other than a State-controlled road) or stock route 11 A State-controlled road The department that is the trustee The department administering that Act, part 4 The department administering the TransportInfrastructure Act1994 The department administering the Land Act 1994 The department administering that Act The department administering the Land Act 1994 The department administering the TransportInfrastructure Act1994 Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource Evidence the chief executive of that department is satisfied— (a) the development is consistent with an allocation of, or entitlement to, the resource; or (b) the development application may proceed in the absence of an allocation of, or entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource

s 13 49 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 12 Land that is unallocated State land under the LandAct 1994 (other than a canal under the CoastalProtection andManagement Act 1995) The department administering that Act 13 Quarry material taken under the CoastalProtection andManagement Act 1995 The department administering that Act 14 Queensland waters, fisheries resources and unallocated tidal land allocated under the Fisheries Act 1994 The department administering that Act 15 Land, including non-tidal land, that is a fish habitat area under the FisheriesAct 1994 , and fisheries resources within a fish habitat area The department administering that Act 16 Quarry material taken from a watercourse or lake under the Water Act2000 The department administering that Act Evidence the chief executive of that department is satisfied— (a) the development is consistent with an allocation of, or entitlement to, the resource; or (b) the development application may proceed in the absence of an allocation of, or entitlement to, the resource Evidence the chief executive of that department is satisfied— (a) the development is consistent with an allocation of, or entitlement to, the resource; or (b) the development application may proceed in the absence of an allocation of, or entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource Evidence of an allocation of, or an entitlement to, the resource

s 13 50 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 17 Water taken or interfered with under the Water Act2000 The department administering that Act 18 A referrable dam under the Water Act 2000 The department administering that Act Evidence the chief executive of that department is satisfied— (a) the development is consistent with an allocation of, or entitlement to, the resource; or (b) the development application may proceed in the absence of an allocation of, or entitlement to, the resource Evidence the chief executive of that department is satisfied the development is consistent with an allocation of, or entitlement to, the resource ‘Schedule 11 Development for community infrastructure exempt under schedule 9, table 5, item 5 of the Act section 13 14 State-controlled roads All aspects of 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 construction, maintenance, repair, augmentation, upgrading, duplication or widening of the road, such as excavating, crushing, screening, cutting, filling, preparing road construction material (including

s 13 51 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 concrete), storing materials, removing vegetation, dam building, site offices and worker accommodation. 15 Other transport infrastructure All aspects of development for the maintenance, repair, upgrading, augmentation or duplication of— (a) rail transport infrastructure on rail corridor land or commercial corridor land under the TransportInfrastructure Act 1994 ; (b) miscellaneous transport infrastructure on required land under the Transport Infrastructure Act 1994 ; (c) busway transport infrastructure on busway land under the Transport Infrastructure Act 1994 ; and (d) lightrail transport infrastructure on lightrail land under the Transport Infrastructure Act 1994 . 16 Electricity infrastructure All aspects of development for an electricity supply network as defined under the ElectricityAct1994 , 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 66 kV, other than any aspect of development for— (a) the construction of 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.

s 13 52 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 ‘Schedule 12 Conditions requiring compliance assessment section 14 Particular operational work Preliminary matters 1 Matter for which compliance assessment may be required Whether operational work (including for car parking, landscaping, vehicle cross overs, site drainage and acoustic treatments) that is the natural and ordinary consequence of a material change of use complies with a code or standard identified in a condition of a development approval for the material change of use. The code or standard must be identified in a planning scheme 2 Criteria against which the matter is assessed The code or standard identified in the condition Process for assessment 3 Entity to which request must be given F or— (a) a condition mentioned in item 1 and imposed by the assessment manager—the entity that was the assessment manager; or (b) a condition mentioned in item 1 and imposed by a concurrence agency—the entity that was the concurrence agency; or (c) another condition of the development approval requiring the request to be given to another suitably qualified entity engaged by or on behalf of the applicant and requiring a copy of the entity’s response to be given to the entity that imposed the condition—the suitably qualified entity

s 13 53 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 4 When compliance stage starts for this development At— (a) any time before the development approval including the condition lapses; or (b) if the condition states or implies another time—the stated or implied time 5 Fee For— (a) item 3(a)—the fee set by resolution of the local government; or (b) item 3(b)—the fee prescribed by regulation; or (c) item 3(c)—the fee agreed between the applicant and the suitably qualified entity mentioned in that item 6 Time after receiving request in which entity must respond For— (a) item 3(a) and (b)—15 business days; or (b) item 3(c)—the time agreed between the applicant and the suitably qualified entity mentioned in that item 7 Consequence for not responding in the time stated for item 6(a). If the request is given to an entity mentioned in item 3(c), and a copy of the entity’s response is given to the entity that was the assessment manager or concurrence agency, in accordance with the condition mentioned in item 3(c) Plan, document or works are taken to be in compliance with condition of approval Appeal 8 Circumstances in which the person who made a request mentioned in item 3(a) or (b) may appeal If the person is dissatisfied with the entity’s response 9 The entity to which the appeal must be made The court 10 Time within which an appeal must be made 20 business days after the day the entity gives its response

s 13 54 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 11 Provisions of the Act that apply for hearing and deciding the appeal Chapter 4, part 1 as if the appeal were an appeal against a matter stated in a development approval 1 1 See section 4.1.27(1)(b) (Appeals by applicants). ‘Schedule 13 Trunk infrastructure charge rates section 21 Purposes for which a charge rate may apply Water Supply Trunk infrastructure networks Sewerage Stormwater Management Transport Public Parks and Community Land Reconfiguring a residential, commercial, retail, or industrial lot 1 charge unit per additional lot 1 charge unit per additional lot 1 charge unit per additional lot 1 charge unit per additional lot 1 charge unit per additional lot Material change of use or building work for single dwelling unit 1 charge unit per dwelling 1 charge unit per dwelling 1 charge unit per dwelling 1 charge unit per dwelling 1 charge unit per dwelling Material change of use or building work for multiple dwelling units 0.75 charge unit per dwelling 0.75 charge unit per dwelling 1 charge unit times (0.7 of site area divided by 400m 2 ) 0.8 charge unit per dwelling 0.5 charge unit per dwelling Material change of use or building work for commercial uses 10 charge units per hectare of site area 10 charge units per hectare of site area 1 charge unit per 400m 2 of site area 1 charge unit per 100m 2 of GFA 0.3 charge unit per 100m 2 of GFA

s 13 55 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 Material change of use or building work for retail uses 10 charge units per hectare of site area 10 charge units per hectare of site area 1 charge unit per 400m 2 of site area Material change of use or building work for industrial uses 10 charge units per hectare of site area 10 charge units per hectare of site area 1 charge unit times (0.9 of site area divided by 400m 2 ) 0.4 charge unit per 100m 2 of GFA 1 charge unit per 100m 2 of GFA 0.3 charge unit per 100m 2 of GFA 1 charge unit per hectare of site area ‘Schedule 14 Dictionary section 2 alternative provisions has the meaning given under the Standard Building Regulation, section 5. 7 area management advice means a written notice given by the administering authority to the local government about planning for or managing land contaminated because of natural mineralisation, industrial activity or unexploded ordinance. BuildingCode of Australia means the BuildingCode of Australia as defined under the Building Act 1975 , section 3. canal means a canal as defined under the Coastal Protectionand Management Act 1995 , section 9. fire safety system means a fire safety system as defined under the Building Code of Australia, Volume 1, Part A1. 7 Standard Building Regulation, section 5 (Definitions)— alternative provisions means provisions mentioned in part 3 that are— (a) identified or stated in a planning scheme; and (b) alternative to the provisions of QDC, part 11 or 12; and (c) qualitative statements or quantitative statements.

s 13 56 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 future State-controlled road means a road or land that the chief executive under the TransportInfrastructureAct1994 has notified the local government in writing is intended to become a State-controlled road. GFA , for a development application, means the gross floor area . inconsistent with plans for state-controlled road infrastructure means development that is inconsistent with— (a) the form or scale of development under the planning scheme, having regard to the provisions of the planning scheme about state-controlled road infrastructure; or (b) the timing for state-controlled road infrastructure under the planning scheme. land contiguous to a state-controlled road means land, the subject of a development application, if part of the land— (a) is within 100 m of the road; or (b) is part of a future state-controlled road. land use plan means a plan approved under the TransportInfrastructure Act 1994 , section 286. 8 LGA population 1 means a local government area mentioned in schedule 6. LGA population 2 means a local government area that is not an LGA population 1. Queensland Development Code means the Queensland Development Code under the StandardBuildingRegulation1993 , section 6A. 9 State-controlled road includes a future state-controlled road. 8 The Transport Infrastructure Act 1994, section 286 (Approval of land use plans) 9 The Standard Building Regulation 1993 , section 6A (Meaning of Queensland Development Code)

s 13 57 s 13 Integrated Planning Amendment Regulation (No. 2) 2004 No. 200, 2004 substation site — 1. Substation site means premises larger than 50m 2 forming part of a transmission grid or supply network under the Electricity Act 1994, and used for— (a) converting or transforming electrical energy from one voltage to another; or (b) regulating voltage in an electrical circuit; or (c) controlling electrical circuits or (d) switching electrical current between circuits. 2. Substation site includes telecommunication facilities for controlling works as defined under the Electricity Act 1990 , section 12(1), and for workforce operational and safety communications. 3. Substation site does not include— (a) pole mounted substations, transformers or voltage regulators; or (b) pad mounted substations or transformers. transitional planning scheme , for schedule 2, table 3, item 2, means— (a) a transitional planning scheme under the Act, section 6.1.3 or 6.1.9(3); or (b) an IPA planning scheme mentioned in the Act, section 6.1.54(1)(b). TSA means total site area for a development application.’. ENDNOTES 1 Made by the Governor in Council on 23 September 2004. 2 Notified in the gazette on 24 September 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Local Government and Planning.