Local Government (Planning and Environment) Amendment Regulation (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 118 Local Government (Planning and Environment) Act 1990 LOCAL GOVERNMENT (PLANNING AND ENVIRONMENT) AMENDMENT REGULATION (No. 1) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 16 (Environmental impact—designated developments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 18 (Assessment of sites for contamination) . . . . . . . . . . . 2 5 Insertion of new s 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 20 Transitional provision for National Parks . . . . . . . . . . . . . . . . . . . . . . 3 6 Replacement of Schs 1 and 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 SCHEDULE 1 DEVELOPMENTS SCHEDULE 2 AREAS 7 Amendment of Sch 3 (Interim Development Control Regulation) . . . . . . . 8

2 Local Government (Planning and Environment) No. 118, 1994 Amendment (No. 1) ˙ Short title 1. This regulation may be cited as the Local Government (Planning and Environment) Amendment Regulation (No. 1) 1994 . ˙ Regulation amended 2. This regulation amends the LocalGovernment(PlanningandEnvironment) Regulation 1991 . ˙ Amendment of s 16 (Environmental impact—designated developments) 3. Section 16(b), after ‘located in’— insert ‘ , or having a common boundary with, ’. ˙ Amendment of s 18 (Assessment of sites for contamination) 4. Section 18(1)(a)— omit, insert— ‘ (a) the existing use of the land is, or, if the land is vacant land with no existing use, the most recent use of the land was, for 1 or more of the following purposes— (i) a purpose mentioned in Schedule 1 to the ContaminatedLand Regulation 1991 ; (ii) commercial, industrial or municipal refuse disposal; (iii) electrical transformer manufacturing; (iv) livestock dipping or spraying; (v) mechanical repair shop, including automotive servicing; (vi) power station; or ’. ˙ Insertion of new s 20 5. After section 19—

3 Local Government (Planning and Environment) No. 118, 1994 Amendment (No. 1) insert — ˙ ‘Transitional provision for National Parks ‘20.(1) A reference in item 7 of Schedule 2 to a protected area under the Nature Conservation Act 1992 includes a National Park under the NationalParks and Wildlife Act 1975 . ‘(2) This section expires on the commencement of section 158 of the Nature Conservation Act 1992 . ’. ˙ Replacement of Schs 1 and 2 6. Schedules 1 and 2— omit, insert— ‘SCHEDULE 1 ‘DEVELOPMENTS section 16(a) 1. Abattoir for killing more than 50 animals a week. 2. Aerodrome for the use of persons not normally living at the premises. 3. Aquaculture facility for the commercial production of aquatic organisms. 4. Bitumen or asphalt works, other than temporary works for, and located on or adjacent to, a construction site. 5. Bottling works (including works for cleaning recycled bottles) with a floor space of more than 2 000 m 2 . 6. Brewery, unless the products are for consumption only at the brewery. 7. Brickworks. 8. Cannery, with a floor space of more than 2 000 m 2 . 9. Cement works.

4 Local Government (Planning and Environment) No. 118, 1994 Amendment (No. 1) 10. Ceramic works for producing more than 200 t of 1 or more of the following a year— (a) pipes; (b) pottery; (c) refractories; (d) tiles. Example— A ceramic works for producing 150 t of tiles and 60 t of pipes is a development. 11. Chemical storage facility for storing more than 100 m 3 of chemicals that are dangerous goods under the Australian Code for the Transport of Dangerous Goods by Road and Rail. 12. Chemical production works, including, for example, works for producing corrosive substances, detergents, explosives, flammable products (excluding petroleum products), gases, oxidising agents (including chlorine), paint, poisons and soaps. 13. Coal handling or storage facility— (a) for handling more than 100 t of any material a day; or (b) for storing more than 5 000 t of any material. Example— A coal handling facility for handling 30 t of coal a day and 80 t of non- carbonaceous material a day is a development. 14. Concrete batching plant (other than a plant of a temporary nature associated with a construction site and located on or adjacent to the construction site) for manufacturing more than 20 000 t of concrete or concrete products a year. 15. Concrete products works for producing more than 1 000 t of product a year. 16. Crushing, grinding or milling works for processing more than 200 t of 1 or more of the following a year— (a) chemicals; (b) minerals;

5 Local Government (Planning and Environment) No. 118, 1994 Amendment (No. 1) (c) natural grain products; (d) ore; (e) rocks. 17. Ethanol production plant. 18. Extractive industry facility (if the facility is for the commercial winning of materials (other than minerals within the meaning of the Mineral Resources Act 1989 ))— (a) using more than 2 ha of land for 1 or more of the following— (i) excavation; (ii) processing; (iii) storage; (iv) activities associated with excavation, processing or storage; or (b) for extracting more than 10 000 m 3 of materials a year. 19. Fertiliser manufacturing plant for producing more than 200 t of product a year. 20. Glass manufacturing (including glass recycling) works for producing more than 200 t of product a year. 21. Helicopter landing facility for commercial purposes, other than a helicopter landing facility at an aerodrome mentioned in item 2. 22. Large outdoor sport and recreation development 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. 23. Lime works for producing more than 200 t of product a year. 24. Major shopping development. 25. Marina with— (a) more than 30 moorings; or (b) at least 1 refuelling facility. 26. Metallurgical works (other than engineering, fabricating or assembly

6 Local Government (Planning and Environment) No. 118, 1994 Amendment (No. 1) works) for processing more than 100 t of metals or ore or metals and ore a year. 27. Oil refinery. 28. Petroleum product storage or storage and processing works— (a) for storing flammable liquids or liquefied gases that are dangerous goods under the Australian Code for the Transport of Dangerous Goods by Road and Rail; and (b) with a storage capacity of more than— (i) 100 kL above ground; or (ii) 1 000 kL below ground. 29. Piggery for accommodating more than 1 000 pigs in pens. 30. Refuse transfer station, sewage treatment plant, waste disposal facility, waste landfill or waste treatment plant for burying, crushing, disposing of, incinerating, processing, recovering, storing, or transferring hospital wastes or chemical, liquid, oil, petroleum or solid wastes. 31. Rubber or plastic works, including a shredding facility, for producing (other than by fabricating) more than 200 t of product a year. 32. Sawmill, joinery works, or combined sawmill and joinery works, for dealing with more than 4 000 m 3 of timber a year in 1 or more of the following ways— (a) machining; (b) milling; (c) sawing. 33. Scrap metal or drum reconditioning works, whether or not for performing— (a) metal finishing; or (b) extending, forging or rolling for plate, rod or wire manufacture. 34. Sugar mill or refinery. 35. Tannery, fellmongering works or hide curing works. 36. Timber preservation works.

7 Local Government (Planning and Environment) No. 118, 1994 Amendment (No. 1) 37. Tourist resort development— (a) with accommodation for more than 1 000 people (including staff); or (b) on an offshore island. 38. Tyre manufacturing works or a tyre processing, shredding or storage facility. 39. Woodchip mill, or paper pulp works, for producing more than 2 000 t of either paper or pulp or paper and pulp a year. 40. Works for creating or extending bodies of water with a maximum surface area of water of more than 5 000 m 2 . ‘SCHEDULE 2 ‘AREAS section 16(b) 1. Area below the flood line adopted by the local government, if development involves filling an area of more than 5 000 m 2 . 2. Area that, under a conservation plan under the Nature ConservationAct 1992 (unless exempted under the plan), is identified as— (a) a critical habitat for native wildlife; or (b) an area of major interest. 3. Catchment area under the Water Resources Act 1989. 4. Coastal management control district under the BeachProtectionAct 1968 . 5. Designated landscape area under the CulturalRecord(LandscapesQueensland and Queensland Estate) Act 1987 . 6. Protected area, registered place or restricted zone under the QueenslandHeritage Act 1992 .

8 Local Government (Planning and Environment) No. 118, 1994 Amendment (No. 1) 7. Protected area under the NatureConservationAct1992 , unless exempted under a conservation plan under that Act for the area. 8. Reserve, sanctuary and grounds, including fish habitat reserve, fish sanctuary, oyster grounds, public oyster reserve or wetland reserve set apart and declared under the Fisheries Act 1976. 9. The Wet Tropics Area under the WetTropicsWorldHeritageProtection and Management Act 1993 , unless exempted— (a) under a management plan under that Act; or (b) by the Wet Tropics Management Authority. 10. Wetland, whether fresh, brackish or marine, including coral reefs, mangrove areas, mudflats, sand flats, sandy beaches, seagrass beds, and tidal marshes. ’. ˙ Amendment of Sch 3 (Interim Development Control Regulation) 7.(1) Schedule 3, clause 2(b)— omit . (2) Schedule 3, clause 2(g)— omit, insert— ‘ (g) a piggery for accommodating not more than 1 000 pigs in pens; ’. ENDNOTES 1. Made by the Governor in Council on 31 March 1994. 2. Notified in the Gazette on 31 March 1994. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Housing, Local Government and Planning. © State of Queensland 1994