Integrated Planning Amendment Regulation (No. 5) 2009 (Qld)

Queensland Integrated Planning Amendment Regulation (No. 5) 2009 Subordinate Legislation 2009 No. 244 made under the IntegratedPlanningAct1997 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of sch 1 (Type of assessment and applicable codes, laws and policies for particular development) . . . . . . . . . . 2 4 Amendment of sch 2 (Referral agencies and their jurisdictions) . 2 5 Amendment of sch 11 (Development for community infrastructure exempt under schedule 9, table 5, item 5 of the Act) ..................................... 5 6 Amendment of sch 14 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 5

Integrated Planning Amendment Regulation (No. 5) 2009 [s 1] 1 Short title This regulation may be cited as the Integrated Planning Amendment Regulation (No. 5) 2009 . 2 Regulation amended This regulation amends the IntegratedPlanningRegulation 1998. 3 Amendment of sch 1 (Type of assessment and applicable codes, laws and policies for particular development) Schedule 1, part 3, table 4, item 1— omit, insert— ‘Clearing native vegetation 1 Clearing native vegetation— Any relevant code under VMA (a) made assessable under the Act, For a wild river area, any applicable code schedule 8, part 1, table 4, items 1A for the development mentioned in the to 1G; and wild river declaration for the wild river (b) for which the chief executive under area’. the Vegetation Management Act1999 is the assessment manager 4 Amendment of sch 2 (Referral agencies and their jurisdictions) (1) Schedule 2, table 2, item 4— Page 2 2009 SL No. 244

Integrated Planning Amendment Regulation (No. 5) 2009 [s 4] omit, insert— ‘Clearing vegetation 4 Reconfiguring a lot that is 2ha or larger, The chief executive The purposes of the if— under the Vegetation Vegetation (a) othresmsizaelleorf; aannydlot created is 25ha 1 c M o 9a n 9n c 9a u— g rr e ae m sn e ca n e t a A g c e t ncy M19a9n9a ’ g . ement Act (b) either— (i) the reconfiguring involves operational work made assessable under the Act, schedule 8, part 1, table 4, items 1A to 1G, other than operational work that is only the clearing of regulated regrowth vegetation; or (ii) on any lot created, additional exempt operational work, other than operational work that is only the clearing of regulated regrowth vegetation, could be carried out (2) Schedule 2, table 3, item 11— 2009 SL No. 244 Page 3

Integrated Planning Amendment Regulation (No. 5) 2009 [s 4] omit, insert— ‘Clearing vegetation 11 Material change of use of a lot that is The chief executive 2 ha or larger, if— under the Vegetation (a) upfornerdldeimervtihenleaorApymcatep, npsterocfovtiraolwnish3i. sc1oh.u6ag, hthte M1 co 9a n 9n c 9a u— g rr e ae m sn e ca n e t a A g c e t ncy lot contains either— (i) native vegetation shown on a regional ecosystem map or remnant map as remnant vegetation; or (ii) native vegetation in a category A area or category B area shown on a property map of assessable vegetation; or (b) for other development that is not sole or community residence clearing— (i) additional exempt operational work could be carried out because of the material change of use or the development involves operational work made assessable under the Act, schedule 8, part 1, table 4, items 1A to 1G; and (ii) the additional exempt operational work or assessable operational work includes development other than the clearing of regulated regrowth vegetation on freehold land, indigenous land or land the subject of a lease issued under the Land Act 1994 for agriculture or grazing purposes The purposes of the VegetationManagement Act1999 ’. Page 4 2009 SL No. 244

Integrated Planning Amendment Regulation (No. 5) 2009 [s 5] 5 Amendment of sch 11 (Development for community infrastructure exempt under schedule 9, table 5, item 5 of the Act) Schedule 11, item 5(2)(c)(iii)— omit, insert— ‘(iii) involves the clearing of native vegetation— (A) in a category A area or category B area shown on a property map of assessable vegetation; or (B) if there is no property map of assessable vegetation for the lot on which the development is carried out—shown on a regional ecosystem map or remnant map as remnant vegetation.’. 6 Amendment of sch 14 (Dictionary) Schedule 14— insert— ‘ additional exempt operational work , for a lot in relation to development mentioned in schedule 2, table 2, item 4, or table 3, item 11, means operational work that— (a) is residential clearing or clearing for essential management or routine management; and (b) would be assessable development under the Act, schedule 8, part 1, table 4, items 1A to 1G (the relevant items ), if it were carried out on the lot immediately before the development happened, but because of the development is not assessable development under the relevant items. Example of additional exempt operational work for development mentioned in schedule 2, table 3, item 11 — development involving a building or structure associated with a material change of use located within 70m of native vegetation remnant map see VMA, section 20AA. 2009 SL No. 244 Page 5

Integrated Planning Amendment Regulation (No. 5) 2009 [s 6] residential clearing means clearing of vegetation on freehold land or land subject to a lease under the Land Act 1994, to the extent necessary for building a single dwelling house on a lot, and any reasonably associated building or structure, if the building of the dwelling house is— (a) building work for which a development permit for a building development application has been given; or (b) building work mentioned in the Act, schedule 8, part 2, table 1, item 1; or (c) development to which the Act, chapter 5, part 6 applies. sole or community residence clearing means— (a) for vegetation on freehold land or land subject to a lease under the Land Act 1994 —clearing the vegetation to the extent necessary for building a single dwelling house on a lot, and any reasonably associated building or structure, if no other dwelling house exists on the lot; or (b) for vegetation on indigenous land—clearing the vegetation to the extent necessary for building dwelling houses, and any reasonably associated building or structure, for Aboriginal or Torres Strait Islander inhabitants of the land or persons providing educational, health, police or other community services for the inhabitants.’. ENDNOTES 1 Made by the Governor in Council on 5 November 2009. 2 Notified in the gazette on 6 November 2009. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Infrastructure and Planning. © State of Queensland 2009 Page 6 2009 SL No. 244