Planning Regulation 2017 (Qld)

Planning Regulation 2017

Part 1    Preliminary

1   Short title

This regulation may be cited as the Planning Regulation 2017.

2   Commencement

This regulation commences on 3 July 2017.

3   Definitions

The dictionary in schedule 24 defines particular words used in this regulation.

Part 2    Planning

Division 1 State planning instruments

4   Regions—Act, sch 2

(1)The local government areas, or parts of the local government areas, of each group of local governments stated in schedule 1, column 2 are prescribed as a region for schedule 2 of the Act, definition region.

(2)Each region has the name stated in schedule 1, column 1.

Division 2 Local planning instruments

Subdivision 1 Regulated requirements

5   Purpose and application of subdivision

(1)This subdivision prescribes, for section 16(2) of the Act, the regulated requirements for the contents of a local planning instrument.

(2)This subdivision does not apply to—

(a)a local planning instrument made under the repealed IPA; or

(b)a TLPI made for all or part of a local government area, if a planning scheme made under the repealed IPA applies to the area.

Note—

See also subdivision 1A for the application of particular regulated requirements to particular local planning instruments in force immediately before the commencement of that subdivision.

6   Zones that may be adopted

(1)A local planning instrument must not include land in a zone other than a zone stated in schedule 2, column 1.

(2)If a local planning instrument includes land in a zone stated in schedule 2, column 1—

(a)the instrument must include the purpose statement stated opposite the zone in column 2; and

(b)the land must be shown on zoning maps in the local planning instrument using the RGB colour stated opposite the zone in column 3.

(3)However, a local planning instrument may change a purpose statement for a zone if the Minister considers the change is necessary or desirable having regard to the circumstances in the local government area to which the instrument will apply.

(4)If a local planning instrument changes a purpose statement for a zone, the instrument must state—

(a)that the purpose statement has been changed; and

(b)the day the changed purpose statement took effect.

(5)In this section—

RGB colour means the colour created when the colours red, green and blue are combined in accordance with an integer value for each colour, expressed as a number from 0 to 255.

7   Use terms that may be adopted

(1)For regulating uses in a local government area, a local planning instrument may adopt only the use terms stated in schedule 3, column 1.

(2)If a local planning instrument adopts a use term stated in schedule 3, column 1, the local planning instrument must include the definition of the term stated opposite the term in column 2.

8   Administrative terms

(1)If a local planning instrument includes an administrative term stated in schedule 4, column 1, the local planning instrument must include the definition of the term stated opposite the term in column 2.

(2)A local planning instrument may include an administrative term, other than a term in schedule 4, column 1, only if the term is consistent with and does not change the effect of—

(a)the administrative terms in schedule 4, column 1; and

(b)the definitions of those terms stated in schedule 4, column 2.

Subdivision 1A Application of regulated requirements to particular local planning instruments

9   Application of subdivision

(1)This subdivision applies in relation to a local planning instrument, in force immediately before the commencement, made under the old Act.

(2)However, this subdivision does not apply in relation to—

(a)a local planning instrument made under the repealed IPA; or

(b)a TLPI made for all or part of a local government area if a planning scheme made under the repealed IPA applies to the area.

9A   Local planning instruments that include land in high technology industry zone

(1)This section applies if the local planning instrument includes land in a zone called a high technology industry zone.

(2)For section 6, the land is taken to be included in the research and technology industry zone stated in schedule 2.

9B   Local planning instruments using particular use terms

(1)This section applies if the local planning instrument—

(a)adopts any of the following use terms stated in schedule 3, column 1—

(i)high impact industry:

(ii)low impact industry;

(iii)medium impact industry;

(iv)special industry; and

(b)does not include the definition of the term stated opposite the term in schedule 3, column 2.

(2)Despite section 7(2), it is not a regulated requirement for the local planning instrument that it include the definition of the term stated opposite the term in schedule 3, column 2.

(3)If the local planning instrument includes another definition of the term, the term has the meaning given in that definition.

Subdivision 2 Other provisions for local planning instruments

10   Minister’s guidelines and rules—Act, s 17

For section 17(7) of the Act, the Minister’s guidelines and rules are contained in the document called ‘Minister’s guidelines and rules’, dated July 2024 and published on the department’s website.

Division 3 Superseded planning schemes

11   Making superseded planning scheme request—Act, s 29

(1)For section 29(5)(a) of the Act, if the local government to which a superseded planning scheme request is made has a form for the request, the request must be in that form.

(2)For section 29(5)(b) of the Act, a superseded planning scheme request must include—

(a)the name, residential or business address, electronic address and phone number of the person making the request; and

(b)the address or property description of the premises that the request relates to; and

(c)a statement about whether the person making the request is asking the local government—

(i)to accept, assess and decide a superseded planning scheme application; or

(ii)to apply a superseded planning scheme to the carrying out of development that was accepted development under the superseded planning scheme; and

(d)for a request under paragraph (c)(i)—a copy of the proposed superseded planning scheme application; and

(e)for a request under paragraph (c)(ii)—a description and plan of the proposed development; and

(f)details of the superseded planning scheme that the request relates to; and

(g)if the local government has set a fee under subsection (3) for considering the request—the fee.

(3)For section 29(5)(c) of the Act, a local government may, by resolution, set a fee for considering a superseded planning scheme request.

12   Deciding superseded planning scheme request—Act, s 29

For section 29(6) of the Act—

(a)a local government must decide whether or not to agree to a superseded planning scheme request within 30 business days after the request is received; and

(b)the period mentioned in paragraph (a) may be extended by the local government if the person making the request agrees, in writing, to the extension before the period ends.

Division 4 Designation of premises for development of infrastructure

13   Infrastructure—Act, s 35

The infrastructure stated in schedule 5 is prescribed for section 35(1) of the Act.

14   Guidelines for environmental assessment and consultation—Act, s 36

For section 36(3) of the Act, the guidelines for the process for carrying out an environmental assessment, including consultation, under section 36(2) of the Actare contained in the document called ‘Minister’s guidelines and rules’, dated July 2024 and published on the department’s website.

15   Designation process rules—Act, s 37

For section 37(7) of the Act, definition designation process rules, the designation process rules are contained in the document called ‘Minister’s guidelines and rules’, dated July 2024 and published on the department’s website.

Part 3    Local categorising instruments

Division 1 Matters prescribed for Act, s 43 generally

16   Development local categorising instrument is prohibited from stating is assessable development—Act, s 43

(1)For section 43(5)(b) of the Act, a local categorising instrument is prohibited from stating that development stated in schedule 6 is assessable development.

(2)The following provisions expire on the day that is 3 years after the day this subsection commences—

(a)this subsection;

(b)schedule 6, section 2(4) and (5);

(c)schedule 6, section 2(7), definition landscaping;

(d)schedule 6, section 2, note.

(3)This subsection and schedule 6, section 7C expire on 16 December 2027.

(4)This subsection and schedule 6, section 33 expire on 16 December 2026.

17   Assessment benchmarks that local categorising instruments may not be inconsistent with—Act, s 43

(1)For section 43(5)(c) of the Act, a local categorising instrument may not, in its effect, be inconsistent with the effect of the following assessment benchmarks—

(a)an assessment benchmark stated in schedule 11 or 12A;

(b)the building assessment provisions stated in the Building Act, section 30(a) to (d), (f) or (g);

(c)the Coastal Regulation, schedule 3;

(d)an assessment benchmark prescribed under the Environmental Protection Act, section 580(4)(a) for a material change of use for an environmentally relevant activity that is a concurrence ERA;

(e)the Queensland Heritage Regulation 2015, schedule 2;

(f)an assessment benchmark stated in the regional plan for a region to which the local categorising instrument applies;

(g)an assessment benchmark stated in the Caboolture West interim structure plan for the Caboolture West growth area.

Note—

For particular assessment benchmarks a local planning instrument may not, in its effect, be inconsistent with for a material change of use for a home-based business, see also section 17A.

(2)However, subsection (1)(g) applies only to the extent the local categorising instrument applies to the Caboolture West growth area.

Division 2 Matters prescribed for material change of use for home-based business

17A   Material change of use for home-based business if assessable development

(1)This section applies if, under a local planning instrument, a material change of use of premises for a home-based business is assessable development.

(2)If, under the local planning instrument, the category of assessment for the material change of use is impact assessment, the category of assessment for the material change of use is code assessment.

(3)The code assessment for the material change of use must be carried out against the following assessment benchmarks—

(a)whether no more than 2 persons work on the premises in the home-based business at a time;

(b)whether no more than 2 visitors attend the home-based business on the premises at a time;

(c)the assessment benchmarks in a local planning instrument applying to the premises.

(4)For section 43(5)(c) of the Act, a local planning instrument may not, in its effect, be inconsistent with an assessment benchmark stated in subsection (3)(a) or (b).

(5)However, a local planning instrument is, in its effect, inconsistent with an assessment benchmark stated in subsection (3)(a) or (b) only if the local planning instrument includes an assessment benchmark that relates to—

(a)for subsection (3)(a)—whether no more than 1 person works on the premises in the home-based business at a time; or

(b)for subsection (3)(b)—whether no more than 1 visitor attends the home-based business on the premises at a time.

Part 3A    [Expired]

17A   [Expired]

17B   [Expired]

Part 4    Development assessment

Division 1 Categories of development

18   Accepted development—Act, s 44

(1)For section 44(5) of the Act, development stated in schedule 7 is accepted development.

(2)This subsection and schedule 7, section 14 expire on 16 December 2026.

19   Prohibited development—Act, s 44

For section 44(5) of the Act, development is prohibited development if it is stated in schedule 10 to be prohibited development.

20   Assessable development—Act, ss 44 and 45

(1)For section 44(5) of the Act, development is assessable development if it—

(a)is stated in schedule 9 or 10 to be assessable development; and

(b)is not prohibited development under section 19.

(2)For section 45(2) of the Act, schedules 9 and 10 state the category of assessment required for assessable development stated in the schedules.

20A   When particular development for rural workers’ initiative is not assessable development

(1)This section applies to development, other than reconfiguring a lot, that—

(a)is stated in schedule 9 or 10 to be assessable development; and

(b)would, but for subsection (2), be assessable development under section 20(1).

(2)Despite section 20(1), the development is not assessable development under that section to the extent the development is accepted development under schedule 7, section 14.

(3)This section expires on 16 December 2026.

20B   Category of assessment for development for particular infrastructure under Corrective Services Act 2006

(1)This section applies to development that—

(a)is stated in schedule 9 or 10 to be assessable development; and

(b)would, but for subsection (2), require impact assessment under section 20(2).

(2)Despite section 20(2), to the extent the development is development mentioned in schedule 6, section 36, the category of assessment required for the development is code assessment.

Division 1A Temporary accepted development

20C   Temporary accepted development declaration—Act, s 46A

(1)For section 46A of the Act, a material change of use of premises stated in schedule 7A is declared to be temporary accepted development for the period starting on 28 November 2025 and ending on 31 December 2029, both dates inclusive.

(2)This division and schedule 7A expire on 1 January 2030.

Division 2 Assessment manager

21   Assessment manager for development applications—Act, s 48

(1)This section prescribes, for section 48(1) of the Act, the assessment manager for a development application.

(2)For a development application for—

(a)a material change of use of premises for a wind farm and no other assessable development, the assessment manager is the chief executive; or

(b)a material change of use of premises for a wind farm and other assessable development—

(i)if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or

(ii)otherwise—the assessment manager is the entity decided by the Minister.

(3)For a development application for—

(a)a material change of use of premises that is assessable development under schedule 10, part 4, division 1 and no other assessable development, the assessment manager is the chief executive; or

(b)a material change of use of premises that is assessable development under schedule 10, part 4, division 1 and other assessable development—

(i)if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or

(ii)otherwise—the assessment manager is the entity decided by the Minister.

(4)For a development application for—

(a)a material change of use of premises for a relevant solar farm and no other assessable development, the assessment manager is the chief executive; or

(b)a material change of use of premises for a relevant solar farm and other assessable development—

(i)if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or

(ii)otherwise—the assessment manager is the entity decided by the Minister.

(5)For a development application other than an application stated in subsection (2), (3) or (4), schedule 8, column 2 states the assessment manager for the application stated opposite the assessment manager in column 1.

(6)In this section—

prescribed assessable development means assessable development for which, if a separate development application were made for the development, the chief executive would be the prescribed assessment manager.

Division 3 Referral agency’s assessment

22   Referral agency’s assessment generally—Act, ss 54, 55 and 56

(1)Schedules 9 and 10 prescribe—

(a)for section 54(2)(a) of the Act, the referral agency for the development applications stated in the schedules; and

(b)for section 55(2) of the Act, the matters the referral agency—

(i)may or must assess the development application against; and

(ii)may or must assess the development application having regard to.

(2)For section 55(2)(a) of the Act, a referral agency for a development application must also assess the application against the following matters, unless the referral agency is the chief executive—

(a)the laws administered by the referral agency;

(b)the policies that are reasonably identifiable as policies applied by the referral agency.

(3)For section 55(2)(b) of the Act, a referral agency for a development application must also assess the application having regard to—

(a)if the referral agency is the chief executive—

(i)the strategic outcomes for the local government area stated in the planning scheme; and

(ii)the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and

(iii)the strategic intent and desired regional outcomes stated in the regional plan for a region; and

(iv)the State Planning Policy, parts C and D; and

(v)for premises designated by the Minister—the designation for the premises; and

(b)if the referral agency is a person other than the chief executive—

(i)a local planning instrument applying to the premises; and

(ii)the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iv)for premises that are designated premises—the designation; and

(c)any temporary State planning policy applying to the premises; and

(d)any development approval applying to the premises; and

(e)to the extent the referral agency’s powers involve assessing the cost impacts of supplying infrastructure for development under chapter 4, part 2, division 2, subdivision 3 or part 3 of the Act—any relevant charges resolution; and

(f)material about the application received by the referral agency, including material received before the application was made.

Note—

See also section 23.

(4)A referral agency may consider a matter stated in subsection (1)(b), (2) or (3) only to the extent the referral agency considers the matter is relevant to the development.

(5)For section 56(5) of the Act, a referral agency’s powers for a development application are limited in the way stated for the application in schedule 9 or 10.

23   Changes to referral agency’s assessment for particular development at Port of Brisbane

(1)Subsection (2) applies to a development application for development on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP, other than development that is—

(a)building work; or

(b)carried out on a Queensland heritage place.

(2)An entity that would, other than for this subsection, be a referral agency for the development application under schedule 10, other than schedule 10, part 13, division 1, is not a referral agency for the application.

(3)Subsections (4) and (5) apply to a development application for—

(a)development on Brisbane core port land that is categorised as assessable development under the Brisbane port LUP; or

(b)development below high-water mark and within the Port of Brisbane’s port limits under the Transport Infrastructure Act.

(4)Section 22(3)(a)(i) to (iii) and (b)(i) and (ii) does not apply to the development application.

(5)For section 55(2)(b) of the Act, a referral agency for the development application must assess the application having regard to the Brisbane port LUP.

24   When no response by referral agency is taken to be direction to refuse—Act, s 58

(1)This section applies to a development application for building work under the Building Act, if—

(a)the local government is a referral agency for the application; and

(b)the local government is assessing a matter other than the amenity and aesthetic impact of a building or structure; and

(c)the local government does not comply with section 56(4) of the Actbefore the end of the period stated in the development assessment rules for complying with the section, including any extension of that period under the rules.

(2)For section 58(2)(c) of the Act, the local government is taken to have directed the assessment manager to refuse the development application.

Division 4 Assessment manager’s decision

Subdivision 1 Code assessment

25   Application of subdivision

This subdivision applies to a development application for assessable development that requires code assessment.

26   Assessment benchmarks generally—Act, s 45

(1)For section 45(3)(a) of the Act, the code assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10.

(2)Also, if the prescribed assessment manager is the local government, the code assessment must be carried out against the following assessment benchmarks—

(a)the assessment benchmarks stated in—

(i)the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(ii)the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii)any temporary State planning policy applying to the premises;

(b)if the local government is an infrastructure provider—the local government’s LGIP.

(3)However, an assessment manager may, in assessing development requiring code assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development.

27   Matters code assessment must have regard to generally—Act, s 45

(1)For section 45(3)(b) of the Act, the code assessment must be carried out having regard to—

(a)the matters stated in schedules 9 and 10 for the development; and

(b)if the prescribed assessment manager is the chief executive—

(i)the strategic outcomes for the local government area stated in the planning scheme; and

(ii)the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and

(iii)the strategic intent and desired regional outcomes stated in the regional plan for a region; and

(iv)the State Planning Policy, parts C and D; and

(v)for premises designated by the Minister—the designation for the premises; and

(c)if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and

(d)if the prescribed assessment manager is a person other than the chief executive—

(i)the regional plan for a region, to the extent the regional plan is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(ii)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii)for designated premises—the designation for the premises; and

(e)any temporary State planning policy applying to the premises; and

(f)any development approval for, and any lawful use of, the premises or adjacent premises; and

(g)the common material.

(2)However—

(a)an assessment manager may, in assessing development requiring code assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and

(b)if an assessment manager is required to carry out code assessment against assessment benchmarks in an instrument stated in subsection (1), this section does not require the assessment manager to also have regard to the assessment benchmarks.

28   Code assessment for particular development applications

(1)Section 26(2)(a) does not apply to a development application for building work assessable against the building assessment provisions.

(2)For a development application for reconfiguring a lot to which schedule 12 applies—

(a)sections 26 and 27 do not apply; and

(b)the code assessment must be carried out only against the assessment benchmarks stated in schedule 10, part 14, division 2 for the development.

Subdivision 2 Impact assessment

29   Application of subdivision

This subdivision applies to a development application for assessable development that requires impact assessment.

30   Assessment benchmarks generally—Act, s 45

(1)For section 45(5)(a)(i) of the Act, the impact assessment must be carried out against the assessment benchmarks for the development stated in schedules 9 and 10.

(2)Also, if the prescribed assessment manager is the local government, the impact assessment must be carried out against the following assessment benchmarks—

(a)the assessment benchmarks stated in—

(i)the regional plan for a region; and

(ii)the State Planning Policy, part E, to the extent part E is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii)a temporary State planning policy applying to the premises;

(b)if the development is not in a local government area—any local planning instrument for a local government area that may be materially affected by the development;

(c)if the local government is an infrastructure provider—the local government’s LGIP.

(3)However, an assessment manager may, in assessing development requiring impact assessment, consider an assessment benchmark only to the extent the assessment benchmark is relevant to the development.

31   Matters impact assessment must have regard to generally—Act, s 45

(1)For section 45(5)(a)(ii) of the Act, the impact assessment must be carried out having regard to—

(a)the matters stated in schedules 9 and 10 for the development; and

(b)if the prescribed assessment manager is the chief executive—

(i)the strategic outcomes for the local government area stated in the planning scheme; and

(ii)the purpose statement stated in the planning scheme for the zone and any overlay applying to the premises under the planning scheme; and

(iii)the strategic intent and desired regional outcomes stated in the regional plan for a region; and

(iv)the State Planning Policy, parts C and D; and

(v)for premises designated by the Minister—the designation for the premises; and

(c)if the prescribed assessment manager is a person other than the chief executive or the local government—the planning scheme; and

(d)if the prescribed assessment manager is a person other than the chief executive—

(i)the regional plan for a region; and

(ii)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme; and

(iii)for designated premises—the designation for the premises; and

(e)any temporary State planning policy applying to the premises; and

(f)any development approval for, and any lawful use of, the premises or adjacent premises; and

(g)the common material.

(2)However—

(a)an assessment manager may, in assessing development requiring impact assessment, consider a matter mentioned in subsection (1) only to the extent the assessment manager considers the matter is relevant to the development; and

(b)if an assessment manager is required to carry out impact assessment against assessment benchmarks in an instrument stated in subsection (1), this section does not require the assessment manager to also have regard to the assessment benchmarks.

Subdivision 3 Variation requests

32   Assessing variation requests—Act, s 61

For section 61(2)(d) of the Act, an assessment manager must consider the following matters when assessing a variation request, to the extent the matter is relevant to the request—

(a)the common material;

(b)the regional plan for a region;

(c)the State Planning Policy, to the extent the State Planning Policy is not identified in the planning scheme as being appropriately integrated in the planning scheme;

(d)any temporary State planning policy.

Division 5 Fees

33   Required fee for development applications—Act, s 51

(1)For section 51(1)(b)(ii) of the Act, the required fee for a development application (a prescribed development application) that the Minister or a public sector entity, other than a local government, is the assessment manager for is—

(a)if the application is for 1 aspect of development only—the fee stated in schedule 9 or 10 for a development application for the aspect made to the Minister or public sector entity; or

(b)if the application is for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were made to the Minister or public sector entity.

Example for paragraph (b)—

The chief executive is assessment manager for a development application for assessable development under schedule 10, part 7, division 1, section 13, and assessable development under schedule 10, part 3, division 2, section 5 for the aspects of development stated in schedule 10, part 3, division 3, table 1, item 5(a)(ii) and (b)(iii). The required fee that is payable to the chief executive as assessment manager is 24,004 fee units.

(2)However, this section is subject to sections 35 to 38.

34   Required fee for referral agency’s assessment—Act, s 54

(1)For section 54(1) of the Act, the required fee for the referral under section 54 of the Actof a development application (also a prescribed development application) to the Minister or a public sector entity, other than a local government, is—

(a)if the Minister or public sector entity is a referral agency for 1 aspect of development only—the fee stated in schedule 9 or 10 for the referral of a development application for the aspect to the Minister or public sector entity; or

(b)if the Minister or public sector entity is a referral agency for more than 1 aspect of development—the total of the fees that would be payable under paragraph (a) if separate development applications for each aspect were referred to the Minister or public sector entity.

Example for paragraph (b)—

The chief executive is a referral agency for a development application for assessable development under schedule 10, part 7, division 1, section 13, and assessable development under schedule 10, part 3, division 2, section 5 for the aspects of development stated in schedule 10, part 3, division 3, table 1, item 5(a)(ii) and (b)(iii). The required fee that is payable to the chief executive as referral agency is 11,145 fee units.

(2)However, this section is subject to sections 35 to 38.

35   Fee for operational work for clearing native vegetation

(1)This section applies to a prescribed development application for operational work for the clearing of native vegetation if—

(a)the application or referral is for more than 1 aspect of the operational work; and

(b)the total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than 13,715 fee units.

(2)The total of the fee payable to the assessment manager or referral agency for the aspects is 13,715 fee units.

Example—

For a development application for assessable development under schedule 10, part 3, division 2, section 5 for the aspects of development stated in schedule 10, part 3, division 3, table 1, item 5(a)(ii), (b)(iii) and (c), the total of the fee payable to the chief executive as assessment manager or referral agency for the aspects is 13,715 fee units.

(3)However, this section is subject to sections 37 and 38.

36   Fee for operational work that is waterway barrier works

(1)This section applies to a prescribed development application for operational work that is constructing or raising waterway barrier works if—

(a)the application or referral is for more than 1 aspect of the operational work; and

(b)the total of the fee payable to the assessment manager or referral agency for the aspects would, other than for this section, be more than 13,715 fee units.

(2)The total of the fee payable to the assessment manager or referral agency for the aspects is 13,715 fee units.

Example—

For a development application for assessable development under schedule 10, part 6, division 4, subdivision 1, section 12 for the aspects of development stated in schedule 10, part 6, division 4, subdivision 2, table 1, item 5(a), (b) and (c), the total of the fee payable to the chief executive as assessment manager or referral agency for the aspects is 13,715 fee units.

(3)However, this section is subject to sections 37 and 38.

36A   Fee for assessable development under sch 10, pt 16

(1)This section applies in relation to the referral of a prescribed development application under schedule 10, part 16 if the referral is for more than 1 type of material change of use that is assessable development under that part.

(2)The total of the fee payable to the referral agency for the referral is 1,714 fee units.

Example—

For a development application for assessable development under schedule 10, part 16, sections 24 and 27, the total fee payable to the chief executive as referral agency for the application is 1,714 fee units.

(3)However, this section is subject to sections 37 and 38.

37   Fee for fast-track development

(1)This section applies to a prescribed development application if—

(a)the application is for an aspect of development that is fast-track development; and

(b)the fee payable to the assessment manager or a referral agency for the aspect would, other than for this section, be more than 856 fee units.

(2)The fee payable to the assessment manager or referral agency for the aspect is 856 fee units.

(3)However, this section is subject to section 38.

38   Required fee for registered non-profit organisations and government-funded community development

(1)This section applies to a prescribed development application if 1 or both of the following apply—

(a)the application is made by a registered non-profit organisation;

(b)the application is for a community-related use, activity or facility, and all of the following apply—

(i)the development is funded, wholly or partly, by the State or Commonwealth;

(ii)the application is accompanied by a statutory declaration by the applicant stating the amount of the funding;

(iii)the required fee that would, other than for this section, be payable to the assessment manager or a referral agency for the application, is more than 5% of the amount stated in the statutory declaration.

(2)The required fee payable to the assessment manager or referral agency for the application, is 50% of the fee that would, other than for this section, be payable for the application.

Examples—

1For a development application made by a registered non-profit organisation for assessable development under schedule 10, part 3, division 2, section 5 for the aspect of development stated in schedule 10, part 3, division 3, table 1, item 5(c), the required fee payable to the assessment manager for the application, which would, other than for this section, be 13,715 fee units, is 6,858 fee units.

2For a development application made by a registered non-profit organisation for assessable development under schedule 10, part 3, division 2, section 5 for the aspect of development stated in schedule 10, part 3, division 3, table 1, item 5(c) that is fast-track development, the required fee payable to the assessment manager for the application, which would other than for this section be 856 fee units, is 428 fee units.

39   Required fee for particular change applications and extension applications—Act, ss 79 and 86

(1)Schedule 15 prescribes—

(a)for section 79(1)(b)(i) of the Act, the required fee for making a change application to the chief executive or the Minister as the responsible entity; and

(b)for section 86(2)(b) of the Act, the required fee for making an extension application to the chief executive as the assessment manager.

(2)Subsection (1)(a) does not apply in relation to the making of a change application to change a development approval given or changed by the chief executive under chapter 3, part 6A of the Act.

40   When required fee may be waived—Act, s 109

(1)This section applies to—

(a)a development application; or

(b)a change application; or

(c)an extension application; or

(d)the referral, under section 54 of the Act, of a development application or change application to a referral agency.

(2)For section 109(b) of the Act, all or part of the required fee for the application or referral may be waived if the application or referral is made by a registered non-profit organisation.

Division 6 Miscellaneous

41   Deciding whether development is consistent with future planning intent

(1)This section applies if, under schedule 10, part 15, a referral agency is deciding whether or not development on premises completely or partly in an SEQ development area is consistent with the future planning intent for the area in which the premises are located.

(2)Subsection (3) applies if—

(a)the planning scheme applying to the premises, or a major amendment of the planning scheme, is made after the gazette notice identifying the SEQ development area is published; and

(b)the planning scheme or amendment includes a land use and infrastructure plan for the SEQ development area.

(3)The referral agency may decide the development is consistent with the future planning intent for the area only if the development is consistent with the land use and infrastructure plan.

(4)If subsection (3) does not apply, the referral agency may decide the development is consistent with the future planning intent for the area only if the development—

(a)is consistent with the outcomes and strategies, and subregional directions, stated in the SEQ regional plan; and

(b)does not compromise the intent for the area stated in—

(i)the SEQ regional plan; or

(ii)the gazette notice for the SEQ development area; and

(c)does not adversely affect the delivery and orderly sequencing of infrastructure for the SEQ development area or land adjacent to the SEQ development area; and

(d)is compatible with the use of other premises in the surrounding area; and

(e)avoids an area that involves a risk of serious harm to persons or property from natural events or processes, including, for example, bush fires, coastal erosion, flooding or landslides, or, if the area can not be avoided, minimises the risk.

(5)In this section—

major amendment, of a planning scheme, see the Minister’s guidelines and rules, schedule 1, section 4.

41A   Deciding whether development is required to be outside SEQ urban footprint

(1)This section applies if, under schedule 10, part 16, a referral agency is deciding whether or not the locational requirements or environmental impacts of development require it to be outside the SEQ urban footprint.

(2)The referral agency may decide the locational requirements or environmental impacts of the development require it to be outside the SEQ urban footprint only if—

(a)the premises have particular characteristics that are necessary for the carrying out of the development; and

(b)the development could not reasonably be located on premises in the SEQ urban footprint that have the particular characteristics.

41B   Deciding whether there is an overriding need in the public interest for development

(1)This section applies if, under schedule 10, part 16 or 16B, a referral agency is deciding whether or not there is an overriding need, in the public interest, for development to be carried out.

(2)The referral agency may decide there is an overriding need, in the public interest, for the development to be carried out only if the development application demonstrates that—

(a)the development will have a social, economic or environmental benefit for the community that outweighs—

(i)any adverse impact on the regional biodiversity network, regional landscape values or natural economic resource areas stated in the SEQ regional plan; and

(ii)the desirability of achieving the outcomes and strategies, and subregional directions, stated in the SEQ regional plan, particularly the outcomes and strategies about—

(A)consolidating urban development in the SEQ urban footprint; and

(B)preventing land fragmentation in the SEQ regional landscape and rural production area; and

(b)there will be a significant adverse economic, social or environmental impact on the community if the development is not carried out.

(3)To remove any doubt, it is declared that there is not an overriding need, in the public interest, for the development to be carried out merely because—

(a)the applicant—

(i)owns the premises; or

(ii)has an interest in, or option over, the premises; or

(b)the premises are available for the carrying out of the development.

42   Who decision notice must be given to—Act, ss 63 and 76

(1)For sections 63(1)(f) and 76(2)(b)(v) of the Act, the following persons are prescribed—

(a)if a distributor-retailer delegated its functions as a referral agency for the development application to its participating local government—the distributor-retailer;

(b)if the development application is for building work—

(i)the owner of any prescribed building that the application relates to; and

(ii)any other person nominated on the application as the person to receive documents.

(2)In this section—

prescribed building means a building that is, under the Building Code, a single detached class 1(a) building or a class 10 building or structure.

43   Requirements for decision notice—Act, s 63

For section 63(3) of the Act, a decision notice for a development application that is approved must—

(a)state any other development permits necessary to allow the development to be carried out; and

(b)be accompanied by any approved plans, specifications or drawings for the development approval; and

(c)if the development involves building work that is building, repairing or altering a building and is assessable against the building assessment provisions—state the classification or proposed classification of the building or parts of the building under the Building Code; and

(d)if the development application is taken, under the Environmental Protection Act, section 115, to also be an application for an environmental authority—state details of any environmental authority given for the application under that Act; and

(e)be accompanied by a copy of any written agreement under section 49(4)(b) or 66(2)(b) or (c) of the Act relating to the approval.

43A   Development condition relating to provision of affordable housing component—Act, s 65A

For section 65A(1) of the Act, a development condition imposed on a development approval mentioned in the section may relate to the provision of an affordable housing component on the premises the subject of the approval if the condition—

(a)states the period the component must be maintained as an affordable housing component; and

(b)includes a detailed description of the affordable housing component, including, for example—

(i)the number of dwellings to be provided as part of the component; and

(ii)the gross floor area of each building to be provided as part of the component; and

(iii)the premises to which the condition relates.

43B   Criteria for application proposing affordable housing component—Act, s 65A

For section 65A(1)(b)(ii) of the Act, an application that proposes the provision of an affordable housing component must include information that demonstrates the component—

(a)is of a type mentioned in—

(i)section 43C(1)(a); or

(ii)if a local planning instrument for the development includes the administrative term affordable housing component stated in schedule 4, column 1—section 43C(1); and

(b)can be provided; and

(c)can be maintained as an affordable housing component for a stated period.

43C   Criteria for affordable housing component—Act, s 65A

(1)For section 65A(3) of the Act, definition affordable housing component, paragraph (b), the component of development must include 1 or more of the following—

(a)housing that is appropriate to the needs of households with low to moderate incomes, if the members of the households will spend no more than 30% of gross income on housing costs;

(b)housing provided by a registered provider for residential use;

(c)housing provided as part of a program, funded by any of the following entities, to support the provision of housing that is affordable—

(i)a public sector entity under the Public Sector Act 2022, section 8;

(ii)a local government;

(iii)the State;

(iv)the Commonwealth;

(d)housing that is sold for an amount that is less than the first home concession limit due to the type, composition, method of construction, size or level of finish of the housing;

(e)housing that is rented at or below a value that is affordable for households with low to moderate incomes due to the type, composition, method of construction, size or level of finish of the housing.

(2)In this section—

first home concession limit means the highest amount mentioned in the Duties Act 2001, schedule 4A, column 1 (dutiable value of residential land) in relation to which a concession amount relating to transfer duty is applicable under column 2 of that schedule.

44   Development assessment rules—Act, ss 68 and 69

(1)For sections 68(6) and 69(2)(b) of the Act, the development assessment rules are contained in the document called ‘Development assessment rules’, made and amended by the Minister and published on the department’s website on 18 July 2025.

(2)For section 69(8) of the Act, the amendment of the development assessment rules was published on the department’s website on 18 July 2025.

Part 5    Proposed call in notice

45   Purpose of part

This part prescribes, for section 102(3) of the Act, matters in relation to the giving of a proposed call in notice.

46   Content of proposed call in notice

A proposed call in notice for an application must state—

(a)that the Minister is proposing to call in the application; and

(b)the reasons for the proposed call in; and

(c)for an application other than a cancellation application—

(i)if the notice is given before the decision-maker decides the application—that the process for assessing and deciding the application stops on the day the notice is given; and

(ii)the point in the process for assessing and deciding the application from which the Minister proposes the process will restart if the application is called in; and

(iii)if the application is proposed to be called in before the decision-maker decides the application—whether the Minister intends to direct the decision-maker to assess all or part of the application; and

(d)that the person to whom the notice is given may make representations to the Minister about the proposed call in within the representation period.

47   When proposed call in notice must be given

A proposed call in notice for an application must be given—

(a)if the application is a development application—any time before the latest of the following—

(i)15 business days after the day the chief executive receives notice of an appeal about the decision for the application;

(ii)if there is a submitter for the application—50 business days after the day the decision notice is given to the applicant;

(iii)if there are no submitters for the application and a decision notice is given for the application—25 business days after the day the decision notice is given to the applicant;

(iv)if the application is taken to have been approved under section 64 of the Actand a decision notice is not given for the application—25 business days after the day the decision notice was required to be given to the applicant; or

(b)if the application is change representations about a development approval—any time before the latest of the following—

(i)15 business days after the day the chief executive receives notice of an appeal about the decision for the development application;

(ii)if there is a submitter for the development application—50 business days after the day the decision notice for the change representations is given to the applicant;

(iii)if there are no submitters for the development application—25 business days after the day the decision notice for the change representations is given to the applicant; or

(c)if the application is a change application or an extension application—within 20 business days after the later of the following—

(i)the day the chief executive receives notice of an appeal about the decision for the application;

(ii)the end of the appeal period for the decision on the application; or

(d)if the application is a cancellation application—any time before the development approval is cancelled.

48   Effect of proposed call in notice on process for assessing and deciding application

(1)This section applies to an application other than a cancellation application.

(2)If a proposed call in notice is given for the application before the decision-maker decides the application, the process for assessing and deciding the application stops on the day the notice is given.

(3)The process for assessing and deciding the application restarts from the point in the process at which it stopped under subsection (2)—

(a)if the Minister gives a notice under section 51 in relation to the application—on the day the notice is given; or

(b)if the Minister does not give a call in notice under section 103 of the Act, or a notice under section 51, in relation to the application—on the day that is 25 business days after the day the representation period for the proposed call in notice ends.

49   Effect of proposed call in notice on appeal period

(1)This section applies in relation to an application, other than a cancellation application, if a proposed call in notice is given for the application after the decision-maker for the application decides the application.

(2)The appeal period relating to the decision-maker’s decision on the application is taken to have started again—

(a)if the Minister gives a notice under section 51 in relation to the application—on the day after the notice is given; or

(b)if the Minister does not give a call in notice under section 103 of the Act, or a notice under section 51, in relation to the application—on the day that is 25 business days after the day the representation period for the proposed call in notice ends.

50   Representation period

The representation period for a proposed call in is the period, of at least 5 business days after the proposed call in notice is given, stated in the notice.

51   Notice of decision not to call in application

(1)If the Minister decides not to call in an application for which a proposed call in notice has been given, the Minister must give notice of the decision to each person to whom the proposed call in notice was given.

(2)The notice must be given within 20 business days after the end of the representation period for the proposed call in.

(3)Subsection (4) applies if the proposed call in notice was given—

(a)for an application other than a cancellation application; and

(b)before the decision-maker decided the application.

(4)The notice under subsection (2) must state that the process for assessing and deciding the application restarts from the point in the process at which the process stopped because of the giving of the proposed call in notice.

Part 5A    Declaring applications for State facilitated development

Division 1 Making declarations

51A   Criteria for declaring application for State facilitated development—Act, s 106D

(1)For section 106D(2)(b) of the Act, the following criteria are prescribed—

(a)the development the subject of the relevant application must—

(i)be for predominantly residential development; and

(ii)include an affordable housing component that equates to at least 15% of all dwellings resulting from the development;

(b)the affordable housing component must provide—

(i)a diverse mix of dwelling types; or

(ii)diversity in the number of bedrooms contained in dwellings;

(c)the application must comply with either of the following—

(i)the premises the subject of the application are completely within a zone supporting residential development;

(ii)the premises the subject of the application are not within an environmental zone or a limited development zone, and the Minister is satisfied the premises are or can be readily serviced by infrastructure for the development.

(2)In this section—

environmental zone means—

(a)any of the following zones stated in schedule 2—

(i)environmental management and conservation zone;

(ii)conservation zone;

(iii)environmental management zone; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone stated in paragraph (a).

limited development zone means—

(a)the limited development zone stated in schedule 2; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone stated in paragraph (a).

zone supporting residential development means—

(a)any of the following zones stated in schedule 2—

(i)general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone or character residential zone;

(ii)centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;

(iii)mixed use zone;

(iv)specialised centre zone; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone stated in paragraph (a).

Division 2 Proposed declarations

51B   Purpose of division

This division prescribes, for section 106P of the Act, matters for chapter 3, part 6A of the Act.

51C   Effect of notice of proposed declaration on process for assessing and deciding application

(1)This section applies if—

(a)the Minister gives notice under section 106C of the Actof the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and

(b)the notice is given before the decision-maker for the relevant application decides the application.

(2)The process for assessing and deciding the relevant application stops on the day the notice is given.

(3)The process for assessing and deciding the relevant application restarts from the point in the process at which it stopped under subsection (2)—

(a)if the Minister gives a notice under section 51E in relation to the application—on the day the notice is given; or

(b)if the Minister does not make a declaration under section 106D of the Act, or give a notice under section 51E, in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.

51D   Effect of notice of proposed declaration on appeal period

(1)This section applies if—

(a)the Minister gives notice under section 106C of the Actof the proposed declaration of a relevant application that is a development application or a change application as an application for State facilitated development; and

(b)the notice is given after the decision-maker for the relevant application decides the application.

(2)The appeal period relating to the decision-maker’s decision on the relevant application is taken to have started again—

(a)if the Minister gives a notice under section 51E in relation to the application—on the day after the notice is given; or

(b)if the Minister does not make a declaration under section 106D of the Act, or give a notice under section 51E, in relation to the application—on the day that is 15 business days after the day the representation period for the proposed declaration ends.

51E   Notice of decision not to make declaration

(1)This section applies if the Minister—

(a)gives notice under section 106C of the Actof the proposed declaration of a relevant application as an application for State facilitated development; and

(b)decides not to make the declaration.

(2)The Minister must give notice of the decision to each entity to whom the notice of the proposed declaration was given.

(3)The notice must be given within 10 business days after the day the representation period for the proposed declaration ends.

(4)Subsection (5) applies if—

(a)the relevant application is a development application or a change application; and

(b)the notice of the proposed declaration was given before the decision-maker for the application decided the application.

(5)The notice under subsection (2) must state that the process for assessing and deciding the relevant application restarts from the point in the process at which the process stopped because of the giving of the notice of the proposed declaration.

Part 5B    Development requiring social impact assessment

Division 1 Preliminary

51F   Development requiring social impact assessment—Act, s 106T

For section 106T(1) of the Act, the following development is development for which social impact assessment is required—

(a)a material change of use of premises for a solar farm that has a maximum instantaneous electricity output of 1MW or more;

(b)a material change of use of premises for a wind farm.

Division 2 Pre-existing applications

51G   Purpose and application of division—Act, s 106U

(1)For section 106U of the Act, this division provides for the effect of the enactment of section 51F on the process for administering the following applications (each a pre-existing application)—

(a)a development application for development mentioned in section 51F(a) or (b) that was made, but not decided, before 18 July 2025;

(b)a change application relating to development mentioned in section 51F(a) or (b) that was made, but not decided, before 18 July 2025.

(2)An application is a pre-existing application even if the application is also for, or relates to, development other than development mentioned in section 51F(a) or (b).

(3)However, this division does not apply in relation to a change application for a minor change to a development approval.

51H   Pre-existing applications—generally

(1)On the commencement of section 51F—

(a)if the pre-existing application is a development application that is a properly made application—the application is taken not to be a properly made application, and is taken not to have been accepted, under section 51 of the Act; and

(b)if the pre-existing application is a change application that has been accepted under section 79(4) of the Act—the application is taken not to have been accepted under section 79(4) of the Act.

(2)This section does not apply if section 51I applies in relation to the pre-existing application.

51I   Pre-existing applications subject to Ministerial call in or direction

(1)This section applies if—

(a)before 18 July 2025, the pre-existing application was called in; or

(b)before 18 July 2025—

(i)the Minister gave a direction under section 95(1)(b) of the Actto not decide the pre-existing application within a stated period; and

(ii)the stated period had not ended.

(2)The process for administering the pre-existing application—

(a)stops on the commencement of section 51F; and

(b)restarts on the day the applicant gives the decision-maker for the application—

(i)a social impact assessment report for the application that complies with section 106W(1) of the Act, or a notice given by the chief executive under section 106ZE(1)(a) of the Actstating that a social impact assessment report is not required for the application; and

(ii)each community benefit agreement for the application required under section 106Z(1) of the Actor entered into under section 106Z(2) of the Act, or a notice given by the chief executive under section 106ZE(1)(b) of the Actstating that a community benefit agreement is not required for the application; and

(c)if, under paragraph (a), the process stops during the decision period—restarts from the start of the decision period.

(3)In this section—

decision-maker means—

(a)if subsection (1)(a) applies—the Minister; or

(b)if subsection (1)(b) applies and the pre-existing application is a development application—the assessment manager; or

(c)if subsection (1)(b) applies and the pre-existing application is a change application—the responsible entity.

decision period means the period under chapter 3 of the Actor the development assessment rules for making a decision on the pre-existing application.

Division 3 Social impact assessment reports and community benefit agreements

51J   Requirements for social impact assessment reports—Act, s 106W

(1)For section 106W(1)(b) of the Act, a social impact assessment report for a development application or change application must—

(a)be prepared in accordance with the process stated in the SIA guideline, including the process for assessing the social impact of the development requiring social impact assessment the subject of the application; and

(b)include the matters stated in the SIA guideline.

(2)In this section—

SIA guideline means the guideline made by the chief executive under section 106W(2) of the Actand dated July 2025.

51K   Public sector entities for community benefit agreements—Act, s 106Z

For section 106Z(2) of the Act, the department is prescribed.

Division 4 Notices given by chief executive

51L   Procedures for giving notices—Act, s 106ZE

(1)For section 106ZE(4) of the Act, this section prescribes procedures for the giving of a notice under section 106ZE(1) of the Actin relation to a development application or change application.

(2)The applicant for the development application or change application may, by notice given to the chief executive, ask the chief executive to give the applicant a notice under section 106ZE(1) of the Actin relation to the application.

(3)After receiving the request, the chief executive may, by notice given to the applicant, ask the applicant for stated further information in relation to the request.

(4)After considering the request, the chief executive must, within the relevant period, give the applicant—

(a)a notice under section 106ZE(1) of the Actin accordance with the request; or

(b)notice that the chief executive has decided to refuse the request.

(5)In this section—

relevant period means—

(a)if the chief executive asks the applicant for further information under subsection (3)—30 business days after the day the chief executive receives the information; or

(b)otherwise—30 business days after the day the request under subsection (2) is received.

51M   Matters to be considered in making particular decisions—Act, s 106ZE

(1)For section 106ZE(4) of the Act, this section prescribes the matters the chief executive must or may consider in deciding, under section 106ZE(2) of the Act, whether it is appropriate in the circumstances for a development application or change application to be made without—

(a)a social impact assessment report; or

(b)a community benefit agreement.

(2)The chief executive must consider the following matters—

(a)the location, nature and scale of the development requiring social impact assessment the subject of the development application or change application;

(b)any assessment of the social impact carried out by the applicant;

(c)whether the applicant has engaged with the local government, and the community in the locality of the development, about the development application or change application, including the outcomes of the engagement;

(d)whether the applicant and a public sector entity have engaged in a mediation process in relation to the development application or change application, including the outcomes of the mediation process;

(e)whether the chief executive has previously given, or been asked to give, a notice under section 106ZE(1) of the Actin relation to the development application or change application.

(3)The chief executive may also consider any other matter the chief executive considers relevant.

Part 6    Infrastructure

52   Adopted charges—Act, s 112

(1)For section 112(1) of the Act, schedule 16, column 2 states the prescribed amount for each adopted charge under chapter 4 of the Actand the SEQ Water Act for providing trunk infrastructure for the use stated in schedule 16, column 1.

(2)For section 112(3)(a) of the Act, the charges breakup as between Ipswich City Council and Queensland Urban Utilities is the proportion that applied to each of those entities under Ipswich City Council’s adopted infrastructure charges resolution as in force at the commencement.

(3)For section 112(3)(b) of the Act—

(a)if development is a material change of use, reconfiguring a lot or building work and is for a use stated in schedule 16, column 1—a local government may have an adopted charge for trunk infrastructure for the development under chapter 4 of the Act; and

(b)if a connection under the SEQ Water Act is for a use stated in schedule 16, column 1—a distributor-retailer may have an adopted charge under that Act for trunk infrastructure for the connection.

53   Infrastructure guidelines—Act, ss 116 and 117

For sections 116(2) and 117(2) of the Act, the guidelines for the following matters are contained in the document called ‘Minister’s guidelines and rules’, dated July 2024 and published on the department’s website—

(a)parameters for the purpose of working out an offset or refund under chapter 4, part 2 of the Act;

(b)parameters for the criteria for deciding a conversion application.

Part 7    Dispute resolution

54   Qualifications and experience for referees—Act, s 233

(1)For section 233(1)(a) of the Act, the appointer may appoint a person to be a referee if the appointer considers the person has demonstrated knowledge of at least 1 of the following that the appointer considers is sufficient to enable the person to perform the functions of a referee—

(a)building design and construction;

(b)infrastructure design and delivery;

(c)siting of residential buildings;

(d)neighbourhood amenity matters;

(e)relevant health or fire safety matters;

(f)the Act, the Building Act or the Plumbing and Drainage Act 2018;

(g)the Building Code, the Queensland Development Code or the Australian Standards relating to building work;

(h)the Plumbing Code, the Queensland Plumbing and Wastewater Code or the Australian Standards relating to plumbing or drainage work;

(i)engineering.

(2)In this section—

Plumbing Code means the parts of the National Construction Code that form the Plumbing Code of Australia (including the Queensland Appendix), published by the Australian Building Codes Board, as amended from time to time by amendments published by the board.

55   Tribunal chairperson—Act, s 237

For section 237(4)(a) of the Act, if a tribunal is to hear only a proceeding about an infrastructure charges notice or conversion application, the chairperson of the tribunal must be a lawyer.

56   Required fees for tribunal proceedings—Act, s 237

(1)For section 237(4)(b) of the Act, the required fees for tribunal proceedings are stated in schedule 17.

(2)A reference in schedule 17, item 6, 11 or 16 to an appeal about a decision under the Plumbing and Drainage Act 2018 is taken to include a reference to an appeal about a decision under the repealed Plumbing and Drainage Act 2002, part 4 or 5.

(3)A reference in schedule 17, item 18 to an appeal about an enforcement notice given in relation to a matter relating to the Plumbing and Drainage Act 2018 is taken to include a reference to an appeal about an enforcement notice given in relation to a matter relating to the repealed Plumbing and Drainage Act 2002.

Part 8    Urban encroachment

Division 1 Application for registration or renewal

57   [Disallowed]

58   Application and purpose of division

This division—

(a)applies to an application under section 267 of the Actto register, or renew the registration of, premises; and

(b)prescribes, for section 275 of the Act, matters for chapter 7, part 4 of the Act relating to the application.

59   Requirements for application for registration or renewal

(1)The application must include—

(a)a map that shows—

(i)the area (the mapped area) that the proposed registration, or renewed registration, is intended to relate to; and

(ii)a lot on plan description of the mapped area; and

(b)details of any intensification of development, or proposed development, within the mapped area that is encroaching, or is likely to encroach, on the premises; and

(c)a statement about the nature of development proposed for the mapped area under a local categorising instrument or regional plan applying to the area; and

(d)information about the significance of the activity carried out at the premises to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and

(e)for an application to register premises—details of all public consultation carried out by, or for, the applicant about the proposed registration, including—

(i)a copy of the notice given under section 268C(2)(a)(i) of the Act; and

(ii)details of the period for which the consultation was carried out; and

(iii)copies of any submissions received from the owners and occupiers of premises within the mapped area; and

(f)details of any written complaints made to the applicant—

(i)within 1 year before the application is made; and

(ii)about emissions from the activity carried out at the premises; and

(g)details of any action taken by, or for, the applicant to mitigate emissions from the activity carried out at the premises; and

(h)a report (the technical report) prepared by an appropriately qualified person that shows the levels of emissions from the carrying out of the activity during normal operating hours for the premises; and

(i)if the activity is a prescribed ERA under the Environmental Protection Act—a copy of the environmental authority for carrying out the activity.

(2)The technical report must include a certification by the person who prepared the report about whether the levels of emissions from the carrying out of the activity comply with—

(a)any development approval for the premises; and

(b)any authority under the Environmental Protection Act applying to the activity.

60   [Repealed]

61   Minister may request extra information

(1)This section applies if the Minister reasonably requires extra information or a document to decide the application.

(2)The Minister may, by notice, require the applicant to give the extra information or document to the Minister within the reasonable period of at least 30 business days stated in the notice.

(3)The notice must be given within 30 business days after the Minister receives the application.

(4)If the applicant does not comply with the requirement within the stated period, the applicant is taken to have withdrawn the application.

62   Assessing application for registration or renewal

(1)The Minister must assess the application against—

(a)whether the activity carried out on the premises is significant to the economy, heritage or infrastructure of the State, a region or the locality in which the mapped area is situated; and

(b)whether the activity carried out on the premises is consistent with the nature of development proposed for the mapped area under a local categorising instrument and a regional plan applying to the mapped area.

(2)Also, if the application is an application to register premises, the Minister must assess the application having regard to the outcomes of the public consultation about the application.

63   Content of notices about registration or renewal

(1)This section applies if the Minister decides, under section 267 of the Act, to register premises or renew the registration of premises.

(2)The decision notice for the decision must—

(a)if the decision is to register the premises, or renew the registration, on conditions—state the conditions and the period within which the conditions must be complied with; and

(b)if the Minister decides a term of registration for the premises of more than 10 years—state the term of the registration.

(3)The notice given under section 267(12) of the Actmust—

(a)include a map of the affected area; and

(b)state the period for which the registration has effect.

(4)The notice published by the owner of the premises under section 269(3)(a) or (4) of the Act must—

(a)state the name of, or describe, the registered premises; and

(b)include a description of the affected area; and

(c)state where a member of the public can get—

(i)a map showing the affected area; or

(ii)a copy of any conditions of the registration; or

(iii)details of the types and levels of emissions from the carrying out of the activity for which the premises are registered; and

(d)state the effect of section 274 of the Act.

64   [Repealed]

Division 2 Amending conditions of, or cancelling, registration

65   Notice of proposed amendment—Act, s 275

(1)This section applies if the Minister proposes, under section 268(1)(a) of the Act, to amend the conditions of the registration of premises.

(2)For section 275 of the Act, the Minister must give the owner of the premises a notice that states—

(a)that the Minister proposes to amend the conditions of the registration; and

(b)details of the proposed amendment, including the reasons for the amendment; and

(c)that the owner may, within a stated period of at least 14 business days after the notice is given, make representations to the Minister about the proposed amendment.

66   Notice of proposed cancellation—Act, s 275

(1)This section applies if the Minister proposes, under section 268(1)(b) of the Act, to cancel the registration of premises.

(2)For section 275 of the Act, the Minister must give the owner of the premises a notice that states—

(a)that the Minister proposes to cancel the registration; and

(b)the reasons for the proposed cancellation; and

(c)that the owner may, within a stated period of at least 20 business days after the notice is given, make representations to the Minister about the proposed cancellation.

67   Requirements for notices about amending or cancelling registration—Act, s 275

(1)For section 275 of the Act, if the Minister decides, under section 268(1)(a) of the Act, to amend the conditions of the registration of premises, the decision notice given under section 268(2) of the Actmust state—

(a)the conditions being amended, including details of the amendments; and

(b)the reasons for the decision; and

(c)the period within which the amended conditions must be complied with.

(2)For section 275 of the Act, if the Minister decides, under section 268(1)(b) of the Act, to cancel the registration of premises, the decision notice given under section 268(2) of the Actmust—

(a)state the decision and the reasons for the decision; and

(b)include details of the registered premises; and

(c)include a map of the affected area.

(3)For section 275 of the Act, if the owner of registered premises gives a notice under section 268(4) of the Actcancelling the registration, the notice must include—

(a)details of the registered premises; and

(b)a map of the affected area.

Division 2A Amending registration to include additional land in affected area

67A   Application and purpose of division

This division—

(a)applies to an application under section 268A of the Actto amend the registration of registered premises to include additional land in the affected area for the premises; and

(b)prescribes, for section 275 of the Act, matters for chapter 7, part 4 of the Act relating to the application.

67B   Requirements for application to amend registration to include additional land in affected area

(1)The application must include—

(a)a map that shows—

(i)the additional land proposed to be included in the affected area for the registered premises; and

(ii)a lot on plan description of the additional land; and

(b)details of any intensification of development, or proposed development, within the additional land that is encroaching, or is likely to encroach, on the registered premises; and

(c)a statement about the nature of development proposed for the additional land under a local categorising instrument or regional plan applying to the land; and

(d)details of all public consultation carried out by, or for, the applicant about the proposed amendment, including—

(i)a copy of the notice given under section 268C(2)(a)(ii) of the Act; and

(ii)details of the period for which the consultation was carried out; and

(iii)copies of any submissions received from the owners and occupiers of premises within the additional land; and

(e)details of any written complaints made to the applicant—

(i)within 1 year before the application is made; and

(ii)about emissions from the activity carried out at the registered premises; and

(f)details of any action taken by, or for, the applicant to mitigate emissions from the activity carried out at the registered premises; and

(g)a report (the technical report) prepared by an appropriately qualified person that shows the levels of emissions from the carrying out of the activity during normal operating hours for the registered premises; and

(h)if the activity is a prescribed ERA under the Environmental Protection Act—a copy of the environmental authority for carrying out the activity.

(2)The technical report must include a certification by the person who prepared the report about whether the levels of emissions from the carrying out of the activity comply with—

(a)any development approval for the registered premises; and

(b)any authority under the Environmental Protection Act applying to the activity.

67C   Minister may request extra information

(1)This section applies if the Minister reasonably requires extra information or a document to decide the application.

(2)The Minister may, by notice, require the applicant to give the extra information or document to the Minister within the reasonable period of at least 30 business days stated in the notice.

(3)The notice must be given within 30 business days after the day the Minister receives the application.

(4)If the applicant does not comply with the requirement within the stated period, the applicant is taken to have withdrawn the application.

67D   Assessing application to amend registration to include additional land

(1)The Minister must assess the application against whether the activity carried out on the registered premises is consistent with the nature of development proposed for the additional land under a local categorising instrument and a regional plan applying to the land.

(2)The Minister must assess the application having regard to the outcomes of the public consultation about the application.

67E   Content of notices about amendment to include additional land

(1)This section applies if the Minister decides, under section 268A of the Act, to approve the amendment of the registration to include additional land in the affected area for the registered premises.

(2)If the decision is to approve the amendment of the registration on conditions, the decision notice for the decision must state the conditions and the period within which the conditions must be complied with.

(3)The notice given under section 268A(8) of the Actmust include a map showing the affected area as changed by the inclusion of the additional land.

(4)The notice published by the owner of the premises under section 269A(2)(a) of the Actmust—

(a)state the name of, or describe, the registered premises; and

(b)include a description of the affected area as changed by the inclusion of additional land; and

(c)state where a member of the public can get a a map showing the affected area as changed by the inclusion of additional land; and

(d)state the effect of section 274 of the Act.

Division 2B Requirements for public consultation

67F   Requirements for notices—Act, s 268C

For section 268C(3)(b) of the Act, a notice under section 268C(2) of the Actabout a proposed application must—

(a)state the name, postal address, electronic address and phone number of the applicant; and

(b)state the name of, or describe, the premises or registered premises that the proposed application relates to; and

(c)for a proposed application under section 267(2) of the Act—describe the mapped area; and

(d)for a proposed application under section 268A of the Act—describe the additional land proposed to be included in the affected area for the registered premises; and

(e)state where copies of the proposed application may be inspected or purchased; and

(f)state the effect of section 274 of the Act.

Division 3 Affected area development applications

68   Development applications that are not affected area development applications

(1)For schedule 2 of the Act, definition affected area development application, the following development applications are not affected area development applications—

(i)Aboriginal or Torres Strait Islander inhabitants of the land; or

(ii)persons providing educational, health, police or other community services for the inhabitants.

prescribed development application see sections 33(1) and 34(1).

prescribed hazardous chemical—

(a)means a hazardous chemical that—

(i)is stated in the Work Health and Safety Regulation, schedule 15, table 15.1; or

(ii)belongs to a class, type or category of hazardous chemicals stated in the Work Health and Safety Regulation, schedule 15, table 15.2; but

(b)does not include a liquid that is an agricultural chemical product under the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth), if—

(i)the liquid is stored on premises in a rural zone; and

(ii)the liquid is for use in a primary industry activity; and

(iii)the total amount of liquid stored on the premises is less than 10,000L; and

(iv)the liquid is stored in packages that are labelled and ready for use by an end user.

prescribed industrial premises ...

prescribed land means—

(a)freehold land; or

(b)indigenous land; or

(c)any of the following under the Land Act—

(i)leased land;

(ii)land dedicated as a road;

(iii)trust land, other than indigenous land;

(iv)unallocated State land;

(v)land subject to a licence or permit; or

(d)land that is the property of the State under the Land Act, section 9 or 13A(1) or (2).

prescribed local government area means the local government area of—

(a)Brisbane City Council, other than the part of the area to which the City Centre Neighbourhood Plan under the Council’s planning scheme applies; or

(b)Cairns Regional Council; or

(c)Gold Coast City Council; or

(d)Ipswich City Council; or

(e)Logan City Council; or

(f)Mackay Regional Council; or

(g)Moreton Bay City Council; or

(h)Noosa Shire Council; or

(i)Redland City Council; or

(j)Rockhampton Regional Council; or

(k)Sunshine Coast Regional Council; or

(l)Toowoomba Regional Council; or

(m)Townsville City Council.

prescribed retail premises ...

prescribed subdivision ...

prescribed water storage infrastructure means infrastructure stated in schedule 23B.

priority development area see the Economic Development Act, schedule 1.

priority koala assessable development area ...

priority port see the Sustainable Ports Act, section 5.

private certifier application register means a register that includes the following information for each application that must be recorded in the register—

(a)the name and contact details of the private certifier to whom the application was made;

(b)the information stated in this schedule, definition application register, paragraphs (b) to (g) and (j) to (l).

private certifier (class A) means a private certifier whose licence under the Building Act has a development approval endorsement under that Act.

public housing—

(a)means housing—

(i)provided by, or for, the State or a statutory body representing the State; and

(ii)for short or long term residential use; and

(iii)totally or partly subsidised by the State or a statutory body representing the State; and

(b)includes services provided mainly for residents of the housing.

public marine facility see the Transport Infrastructure Act, schedule 6.

pumped hydro energy storage see the Energy (Renewable Transformation and Jobs) Act 2024, schedule 1.

qualifying clearing means clearing of vegetation that—

(a)is on freehold land; or

(b)is on indigenous land; or

(c)is on land leased under the Land Act 1994 for agriculture or grazing purposes; or

(d)is on land leased under the Land Act 1994, other than for agriculture or grazing purposes, and is consistent with the purpose of the lease; or

(e)is on trust land under the Land Act 1994, other than indigenous land, is carried out, or allowed to be carried out, by the trustee and is consistent with achieving the purpose of the trust; or

(f)is on unallocated State land and is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered; or

(g)is on land that is subject to a licence or permit under the Land Act 1994 and is carried out by the licensee or permittee.

qualitative statement see the Building Act, section 33(6).

quantifiable standard see the Building Act, section 33(6).

Queensland Development Code means the document called ‘Queensland Development Code’ published by the department in which the Building Act is administered.

Queensland Plumbing and Wastewater Code see the Plumbing and Drainage Act 2018, section 7(1).

rail transport infrastructure see the Transport Infrastructure Act, schedule 6.

railway corridor means—

(a)land on which rail transport infrastructure or other rail infrastructure is situated; or

(b)land on which railway works are carried out, if the works relate to rail transport infrastructure or other rail infrastructure; or

(c)land on which services for the maintenance or operation of rail transport infrastructure or other rail infrastructure are situated.

railway crossing see the Transport Infrastructure Act, schedule 6.

railway manager see the Transport Infrastructure Act, schedule 6.

railway works see the Transport Infrastructure Act, schedule 6.

referable dam see the Water Supply Act, section 341.

refund amount ...

registered non-profit organisation means an incorporated organisation that is—

(a)recorded in the register kept under the Collections Act 1966, part 6; or

Note—

The register of charities kept under the Collections Act 1966 can be inspected on the website of the Office of Fair Trading.

(b)recorded in a register kept under a law of another State substantially corresponding to the register kept under the Collections Act 1966, part 6; or

(c)a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth).

Note—

The Australian Charities and Not-for-profits Register kept under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) can be inspected on the website of the Australian Charities and Not-for-profits Commission.

registered provider see the Housing Act 2003, schedule 4.

regulated regrowth vegetation see the Vegetation Management Act, schedule.

regulated vegetation management map see the Vegetation Management Act, section 20A.

regulatory maps means SEQ RP 1.1 to 1.32, SEQ RP 2.1 to 2.9, SEQ RP 3.1 and SEQ RP 4.1 dated December 2023 and published on the department’s website.

rehabilitation habitat area ...

relevant industrial use ...

relevant overlay means—

(a)an overlay, or part of an overlay, that is about—

(i)bush fire hazards, coastal hazards, flood hazards or landslide hazards; or

(ii)safety hazards arising from historic mining activities, including, for example, mining subsidence and mining contamination; or

(b)an overlay, or part of an overlay, that includes an overlay code and is about—

(i)development of a local heritage place; or

(ii)development in a place with traditional building character; or

(iii)the protection of areas of natural, environmental or ecological significance, including the protection of the biodiversity, significant animals and plants, wetlands and waterways of such areas; or

(iv)development within an area identified on a map titled ‘ANEF’ on the State Planning Policy Interactive Mapping System.

relevant provisions ...

relevant retail use ...

relevant service provider means—

(a)for a sewer—the sewerage service provider, as defined under the Water Supply Act, schedule 3, for the sewer; or

(b)for a stormwater drain—the owner of the stormwater drain; or

(c)for a water main—the water service provider, as defined under the Water Supply Act, schedule 3, for the water main.

relevant solar farm means—

(a)a solar farm that has a maximum instantaneous electricity output of 1MW or more; or

(b)a solar farm in a priority development area.

relevant vehicular access, between premises and a road or State transport corridor, means—

(a)a road, other than a pedestrian or bicycle path, that provides access between the premises and the road or corridor; or

(b)a driveway that provides access between the premises and the road or corridor.

relevant zone means the zone applying to premises under a local instrument.

relocatable home park means the use of premises for—

(a)relocatable dwellings for long-term residential accommodation; or

(b)amenity facilities, food and drink outlets, a manager’s residence, or recreation facilities for the exclusive use of residents, if the use is ancillary to the use in paragraph (a).

remnant vegetation see the Vegetation Management Act, schedule.

renewable energy facility—

(a)means the use of premises for the generation of electricity or energy from a renewable energy source, including, for example, sources of bioenergy, geothermal energy, hydropower, ocean energy or wind energy; but

(b)does not include—

(i)the use of premises for the generation of electricity or energy to be used mainly on the premises; or

(ii)a solar farm; or

(iii)a wind farm; or

(iv)the use of premises for pumped hydro energy storage.

repealed IPA means the repealed Integrated Planning Act 1997.

repealed koala State planning policy means the State planning policy, made under the old Act, called ‘State Planning Policy 2/10–Koala Conservation in South East Queensland’ as in force immediately before the State planning policy was repealed under the old Act.

repealed SEQ SPRP—

(a)in relation to an application under the old Act or repealed IPA for a development approval, means the State planning regulatory provisions made under that repealed Act for the SEQ region and as in force when the application was properly made under that repealed Act; or

(b)otherwise, means the State planning regulatory provisions made under the old Act for the SEQ region and as in force immediately before the repeal of the old Act.

research and technology industry means the use of premises for an innovative or emerging industry that involves designing and researching, assembling, manufacturing, maintaining, storing or testing machinery or equipment.

Examples of research and technology industries—

aeronautical engineering, biotechnology industries, computer component manufacturing, computer server facilities, energy industries, medical laboratories

residential care facility means the use of premises for supervised accommodation, and medical and other support services, for persons who—

(a)can not live independently; and

(b)require regular nursing or personal care.

Examples of a residential care facility—

convalescent home, nursing home

residential clearing means prescribed clearing, if—

(a)the building work for the dwelling that necessitates the clearing is carried out—

(i)under a development permit; or

(ii)by, or for, the State or a public sector entity; or

(b)the dwelling that necessitates the clearing is for public housing.

residential development—

(a)means the use of premises for a residential purpose, including, for example, a relocatable home park or retirement facility; but

(b)does not include—

(i)a community residence; or

(ii)a detention facility; or

(iii)a residential care facility; or

(iv)tourist accommodation; or

(v)accommodation for employees, including rural workers’ accommodation.

Residential Services Act means the Residential Services (Accreditation) Act 2002.

residential zone means premises (however described) designated in a local categorising instrument as residential.

Examples of ways of describing premises—

•general residential

•low density, low-medium density, medium density or high density residential

•character residential

•tourist accommodation

resort complex means the use of premises for—

(a)tourist and visitor accommodation that includes integrated leisure facilities; or

Examples of integrated leisure facilities—

bars, meeting and function facilities, restaurants, sporting and fitness facilities

(b)staff accommodation that is ancillary to the use in paragraph (a); or

(c)transport facilities for the premises, including, for example, a ferry terminal or air service.

resource allocation authority means a resource allocation authority issued under the Fisheries Act.

retail use ...

retirement facility means a residential use of premises for—

(a)accommodation for older members of the community, or retired persons, in independent living units or serviced units; or

(b)amenity and community facilities, a manager’s residence, health care and support services, preparing food and drink or staff accommodation, if the use is ancillary to the use in paragraph (a).

road, for schedule 12A, see schedule 12A, section 2.

roadside stall means the use of premises for the roadside display and sale of goods in a rural area.

road transport infrastructure see the Transport Infrastructure Act, schedule 6.

rooming accommodation means the use of premises for—

(a)residential accommodation, if each resident—

(i)has a right to occupy 1 or more rooms on the premises; and

(ii)does not have a right to occupy the whole of the premises; and

(iii)does not occupy a self-contained unit, as defined under the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2, or has only limited facilities available for private use; and

(iv)shares other rooms, facilities, furniture or equipment outside of the resident’s room with 1 or more other residents, whether or not the rooms, facilities, furniture or equipment are on the same or different premises; or

(b)a manager’s residence, an office or providing food or other services to residents, if the use is ancillary to the use in paragraph (a).

Examples of rooming accommodation—

boarding house, hostel, monastery, off-site student accommodation

routine management, for clearing native vegetation on land, means the clearing of native vegetation—

(a)to establish a necessary fence, road or vehicular track, if the maximum width of the clearing for the fence, road or track is 10m; or

(b)to build necessary built infrastructure, including core airport infrastructure, other than contour banks, fences, roads or vehicular tracks, if—

(i)the clearing is not to source construction timber; and

(ii)the total area cleared is less than 2ha; and

(iii)the total area covered by the infrastructure is less than 2ha; or

(c)on freehold land by the owner of the land to source construction timber for establishing necessary infrastructure on any land of the owner, if—

(i)the clearing does not cause land degradation; and

(ii)restoration of a similar type to, and to the extent of, the removed trees, is ensured; or

(d)by the lessee of land leased under the Land Act for agriculture or grazing purposes to source construction timber, other than commercial timber, for establishing necessary infrastructure on the land, if—

(i)the clearing does not cause land degradation; and

(ii)restoration of a similar type to, and to the extent of, the removed trees, is ensured.

rural activity means—

(a)an agricultural supplies store; or

(b)animal husbandry; or

(c)animal keeping; or

(d)aquaculture; or

(e)cropping; or

(f)an intensive animal industry; or

(g)intensive horticulture; or

(h)a permanent plantation; or

(i)a roadside stall; or

(j)a rural industry; or

(k)rural workers’ accommodation; or

(l)a wholesale nursery; or

(m)a winery.

rural industry means the use of premises for—

(a)storing, processing or packaging products from a rural use carried out on the premises or adjoining premises; or

(b)selling products from a rural use carried out on the premises or adjoining premises, if the use is ancillary to the use in paragraph (a).

rural workers’ accommodation means the use of premises for accommodation, whether or not self-contained, for employees of a rural use, if the premises, and the premises where the rural use is carried out, are owned by the same person.

rural zone means premises (however described) designated in a local categorising instrument as rural.

safe koala movement measure see schedule 11, part 1, section 2.

sales office means the use of premises for the temporary display of land parcels or buildings that—

(a)are for sale or proposed to be sold; or

(b)can be won as a prize in a competition.

secondary dwelling means a dwelling on a lot that is used in conjunction with, but subordinate to, another dwelling on the lot, whether or not the dwelling is—

(a)attached to the other dwelling; or

(b)occupied by individuals who are related to, or associated with, the household of the other dwelling.

sensitive land use means—

(a)build to rent housing; or

(b)caretaker’s accommodation; or

(c)a childcare centre; or

(d)a community care centre; or

(e)a community residence; or

(f)a detention facility; or

(g)a dual occupancy; or

(h)a dwelling house; or

(i)a dwelling unit; or

(j)an educational establishment; or

(k)a health care service; or

(l)a hospital; or

(m)a hotel, to the extent the hotel provides accommodation for tourists or travellers; or

(n)a multiple dwelling; or

(o)a relocatable home park; or

(p)a residential care facility; or

(q)a resort complex; or

(r)a retirement facility; or

(s)rooming accommodation; or

(t)rural workers’ accommodation; or

(u)short-term accommodation; or

(v)a tourist park; or

(w)workforce accommodation.

SEQ development area means—

(a)a category 1 SEQ development area; or

(b)a category 2 SEQ development area.

SEQ major enterprise and industrial area means an area in the SEQ region shown as being a major enterprise and industrial area in the department’s development assessment mapping system published on the department’s website.

SEQ northern inter-urban break means an area in the SEQ region identified in a gazette notice by the Minister as the SEQ northern inter-urban break.

SEQ regional landscape and rural production area—

(a)means an area in the SEQ region shown on the regulatory maps as a regional landscape and rural production area; but

(b)does not include an SEQ development area.

SEQ regional plan means the regional plan for the SEQ region.

SEQ rural enterprise precinct means an area in the SEQ region identified in a gazette notice by the Minister as a rural enterprise precinct.

SEQ rural living area—

(a)means an area in the SEQ region shown on the regulatory maps as a rural living area; but

(b)does not include an SEQ development area.

SEQ rural precinct ...

SEQ rural subdivision precinct means an area in the SEQ region identified in a gazette notice by the Minister as an SEQ rural subdivision precinct.

SEQ urban footprint means a part of the SEQ region shown on the regulatory maps as urban footprint.

service industry means the use of premises for an industrial activity that—

(a)does not result in off-site air, noise or odour emissions; and

(b)is suitable for location with other non-industrial uses.

Examples of service industries—

audio visual equipment repair, bicycle repairs, clock and watch repairs, computer repairs, dry cleaning, film processing, hand engraving, jewellery making, laundromat, locksmith, picture framing, shoe repairs, tailor

service station means the use of premises for—

(a)selling fuel, including, for example, petrol, liquid petroleum gas, automotive distillate or alternative fuels; or

(b)a food and drink outlet, shop, trailer hire, or maintaining, repairing, servicing or washing vehicles, if the use is ancillary to the use in paragraph (a).

sex work business see the Local Government Act 2009, section 37A(3).

sewer—

(a)means a sewer that is part of a sewerage system under the Plumbing and Drainage Act 2018; and

(b)includes a maintenance cover for the sewer.

shop means the use of premises for—

(a)displaying, selling or hiring goods; or

(b)providing personal services or betting to the public.

Examples of a shop—

betting agency, corner store, department store, discount variety store, hair dressing salon, liquor store, sex work business other than a home-based sex work business, supermarket

shopping centre means the use of premises for an integrated shopping complex consisting mainly of shops.

short-term accommodation—

(a)means the use of premises for—

(i)providing accommodation of less than 3 consecutive months to tourists or travellers; or

(ii)a manager’s residence, office, or recreation facilities for the exclusive use of guests, if the use is ancillary to the use in subparagraph (i); but

(b)does not include a hotel, nature-based tourism, resort complex or tourist park.

showroom means the use of premises for the sale of goods that are of—

(a)a related product line; and

(b)a size, shape or weight that requires—

(i)a large area for handling, display or storage; and

(ii)direct vehicle access to the building that contains the goods by members of the public, to enable the loading and unloading of the goods.

Examples of a showroom—

bulk stationary supplies, bulky goods sales, bulk home supplies, motor vehicle sales showroom

significant community projects see the Vegetation Management Act, section 10(5).

significant residual impact see the Environmental Offsets Act 2014, schedule 2.

site suitability statement, for premises, means a site suitability statement included in a site investigation report, or validation report, for the premises under the Environmental Protection Act.

solar farm—

(a)means the use of premises for the generation of electricity or energy from a source of solar energy, other than electricity or energy to be used mainly on the premises; and

(b)includes the use of premises for any of the following if the use relates, or is ancillary, to the use stated in paragraph (a)—

(i)a building or structure, including, for example, a site office or temporary workers’ accommodation;

(ii)a storage area or maintenance facility, including, for example, a lay down area;

(iii)infrastructure or works, including, for example, site access, foundations, electrical works, substations, facilities or devices for storing and releasing energy, or landscaping.

sole-occupancy unit means a room, or other part of a building, used as a dwelling by a person to the exclusion of any other person.

special industry means the use of premises for an industrial activity—

(a)that is the manufacturing, producing, processing, repairing, altering, recycling, storing, distributing, transferring or treating of products; and

(b)that a local planning instrument applying to the premises states is a special industry; and

(c)that complies with any thresholds for the activity stated in a local planning instrument applying to the premises, including, for example, thresholds relating to the number of products manufactured or the level of emissions produced by the activity.

Spit master plan means the document called ‘The Spit master plan’, dated May 2019 and published by the department.

Spit master plan area means the area shown as The Spit master plan area on the map in schedule 23A.

sport and recreation activity means—

(a)a major sport, recreation and entertainment facility at which events are carried out mainly outdoors; or

(b)a motor sport facility at which the motor sports are carried out mainly outdoors; or

(c)outdoor sport and recreation; or

(d)tourist accommodation, or accommodation for employees, that is ancillary to a use stated in paragraphs (a) to (c); or

(e)a commercial use that is ancillary to a use stated in paragraphs (a) to (c).

spring see the Water Act, schedule 4.

State coastal land see the Coastal Act, section 17.

State-controlled road includes State toll road corridor land.

State-controlled transport tunnel means a tunnel that forms part of a State transport corridor.

State development area see the State Development Act, schedule 2.

State development assessment provisions means the document made by the Minister called ‘State development assessment provisions’, dated 28 November 2025 and published on the department’s website.

State Planning Policy means the State planning policy dated July 2017 and published on the department’s website.

State school site means premises identified as a State secondary school or State primary school in the Caboolture West interim structure plan, schedule 1.

State toll road corridor land see the Transport Infrastructure Act, schedule 6.

State transport corridor means—

(a)a busway corridor; or

(b)a light rail corridor; or

(c)a railway corridor; or

(d)a State-controlled road.

storey—

(a)means a space within a building between 2 floor levels, or a floor level and a ceiling or roof, other than—

(i)a space containing only a lift shaft, stairway or meter room; or

(ii)a space containing only a bathroom, shower room, laundry, toilet or other sanitary compartment; or

(iii)a space containing only a combination of the things stated in subparagraph (i) or (ii); or

(iv)a basement with a ceiling that is not more than 1m above ground level; and

(b)includes—

(i)a mezzanine; and

(ii)a roofed structured that is on, or part of, a rooftop, if the structure does not only accommodate building plant and equipment.

stormwater drain—

(a)means infrastructure used for receiving, storing, transporting or treating stormwater; and

(b)includes a maintenance cover for the stormwater drain.

strategic airport means a strategic airport within the meaning of the State Planning Policy.

strategic port land see the Transport Infrastructure Act, section 286(5).

subartesian bore see the Water Act, schedule 4.

subdivision means reconfiguring a lot stated in schedule 2 of the Act, definition reconfiguring a lot, paragraphs (a) and (d).

substation means the use of premises—

(a)as part of a transmission grid or supply network to—

(i)convert or transform electrical energy from one voltage to another; or

(ii)regulate voltage in an electrical circuit; or

(iii)control electrical circuits; or

(iv)switch electrical current between circuits; or

(b)for a telecommunications facility for—

(i)works as defined under the Electricity Act, section 12(1); or

(ii)workforce operational and safety communications.

substation site—

(a)means premises that contain a substation and are larger than 50m²; but

(b)does not include premises used for—

(i)pole mounted substations, transformers or voltage regulators; or

(ii)pad mounted substations or transformers.

supervised accommodation service ...

supply network see the Electricity Act, section 8.

supporting material, for a development application or change application, means any material, including site plans, elevations and supporting reports, about the aspect of the application assessable against or having regard to the planning scheme that—

(a)was given to the assessment manager by the applicant; and

(b)is in the assessment manager’s possession when the request to inspect and purchase is made.

Sustainable Ports Act means the Sustainable Ports Development Act 2015.

telecommunications facility means the use of premises for a facility that is capable of carrying communications and signals by guided or unguided electromagnetic energy.

temporary use means a use that—

(a)is carried out on a non-permanent basis; and

(b)does not involve the construction of, or significant changes to, permanent buildings or structures.

theatre means the use of premises for—

(a)presenting movies, live entertainment or music to the public; or

(b)the production of film or music; or

(c)the following activities or facilities, if the use is ancillary to a use in paragraph (a) or (b)—

(i)preparing and selling food and drink for consumption on the premises;

(ii)facilities for editing and post-production;

(iii)facilities for wardrobe, laundry and make-up;

(iv)set construction workshops;

(v)sound stages.

Example of a theatre—

cinema, concert hall, film studio, music recording studio

tidal area see section 19(3) of the Act.

tidal land see the Fisheries Act, schedule 1.

tidal water see the Coastal Act, schedule.

tourist accommodation means the use of premises for providing accommodation of less than 3 consecutive months to tourists or travellers.

tourist activity means—

(a)nature-based tourism; or

(b)a resort complex; or

(c)a tourist attraction; or

(d)a tourist park; or

(e)tourist accommodation, or accommodation for employees, that is ancillary to a use stated in paragraphs (a) to (d); or

(f)a commercial use that is ancillary to a use stated in paragraphs (a) to (d).

tourist attraction means the use of premises for—

(a)providing entertainment to, or a recreation facility for, the general public; or

(b)preparing and selling food and drink for consumption on the premises, if the use is ancillary to the use in paragraph (a).

Examples of a tourist attraction—

theme park, zoo

tourist park means the use of premises for—

(a)holiday accommodation in caravans, self-contained cabins, tents or other similar structures; or

(b)amenity facilities, a food and drink outlet, a manager’s residence, offices, recreation facilities for the use of occupants and their visitors, or staff accommodation, if the use is ancillary to the use in paragraph (a).

transmission grid see the Electricity Act, section 6.

transport depot means the use of premises for—

(a)storing vehicles, or machinery, that are used for a commercial or public purpose; or

(b)cleaning, repairing or servicing vehicles or machinery, if the use is ancillary to the use in paragraph (a).

Examples of a transport depot—

using premises to store buses, taxis, trucks, heavy vehicles or heavy machinery

transport infrastructure means—

(a)active transport infrastructure as defined under the Transport Planning Act, section 8A(3); or

(b)air transport infrastructure; or

(c)busway transport infrastructure; or

(d)light rail transport infrastructure; or

(e)miscellaneous transport infrastructure as defined under the Transport Infrastructure Act, section 416; or

(f)other rail infrastructure; or

(g)public marine transport infrastructure as defined under the Transport Infrastructure Act, schedule 6; or

(h)public passenger transport infrastructure as defined under the Transport Planning Act, schedule 1; or

(i)rail transport infrastructure; or

(j)a road on State toll road corridor land; or

(k)a State-controlled road.

Transport Planning Act means the Transport Planning and Coordination Act 1994.

transport reasons see the Transport Infrastructure Act, section 283I.

trunk infrastructure information, in relation to trunk infrastructure provided by a local government, or under an infrastructure agreement or condition of a development approval, means the following information—

(a)a description of the trunk infrastructure;

(b)whether the trunk infrastructure is included in the local government’s LGIP;

(c)if the trunk infrastructure is included in the local government’s LGIP—any LGIP reference number for the trunk infrastructure;

(d)the trunk infrastructure network that the trunk infrastructure is associated with;

(e)whether the trunk infrastructure was provided by the local government, or under an infrastructure agreement or condition of a development approval;

(f)the suburb or other locality in which the trunk infrastructure is situated;

(g)the cost of providing the trunk infrastructure;

(h)if the trunk infrastructure is provided under a condition of a development approval—the development approval number.

trust land means land comprising a reserve, or deed of grant in trust, under the Land Act.

unallocated State land see the Land Act, schedule 6.

underground water see the Water Act, schedule 4.

underground water area means an area declared to be an underground water area under the Water Act, section 1046(1).

urban activity—

(a)means the use of premises for an urban purpose; but

(b)does not include—

(i)a community activity; or

(ii)indoor recreation; or

(iii)residential development; or

(iv)a sport and recreation activity; or

(v)a tourist activity.

urban area means—

(a)an area identified in a gazette notice by the chief executive as an urban area; or

(b)if no gazette notice has been published—an area identified as an area intended for an urban purpose, or for an urban purpose in the future, on a map in a planning scheme that—

(i)identifies the area using cadastral boundaries; and

(ii)is used exclusively or mainly to assess development applications.

Example of a map for paragraph (b)—

a zoning map

urban purpose means a purpose for which land is used in cities or towns—

(a)including residential, industrial, sporting, recreation and commercial purposes; but

(b)not including rural residential, environmental, conservation, rural, natural or wilderness area purposes.

urban zone means—

(a)any of the following zones stated in schedule 2—

(i)general residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone or character residential zone;

(ii)centre zone, neighbourhood centre zone, local centre zone, district centre zone, major centre zone or principal centre zone;

(iii)industry zone, low impact industry zone, medium impact industry zone, high impact industry zone, special industry zone, research and technology industry zone, industry investigation zone or waterfront and marine industry zone;

(iv)emerging community zone;

(v)innovation zone;

(vi)mixed use zone;

(vii)specialised centre zone;

(viii)township zone; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to a zone stated in paragraph (a).

utility installation means the use of premises for—

(a)a service for supplying or treating water, hydraulic power or gas; or

(b)a sewerage, drainage or stormwater service; or

(c)a transport service; or

(d)a waste management service; or

(e)a maintenance depot, storage depot or other facility for a service stated in paragraphs (a) to (d).

Vegetation Management Act means the Vegetation Management Act 1999.

veterinary service means the use of premises for—

(a)the medical or surgical treatment of animals; or

(b)the short-term stay of animals, if the use is ancillary to the use in paragraph (a).

warehouse means the use of premises for—

(a)storing or distributing goods, whether or not carried out in a building; or

(b)the wholesale of goods, if the use is ancillary to the use in paragraph (a).

Examples of a warehouse—

self-storage facility, storage yard

Water Act means the Water Act 2000.

water bore see the Water Act, schedule 4.

watercourse see the Water Act, section 5.

water main—

(a)means infrastructure used for transporting water, other than stormwater; and

(b)includes a maintenance cover for the water main.

Water Regulation means the Water Regulation 2016.

Water Supply Act means the Water Supply (Safety and Reliability) Act 2008.

waterway, for a provision about constructing or raising waterway barrier works, see the Fisheries Act, schedule 1.

waterway barrier works see the Fisheries Act, schedule 1.

waterways spatial data layer means the document called ‘Queensland waterways for waterway barrier works’ that is—

(a)made by the department in which the Fisheries Act is administered; and

(b)published on the Queensland Spatial Catalogue website.

wetland see the Environmental Protection Regulation, schedule 19, part 2.

wetland protection area see the Environmental Protection Regulation, section 186(3).

wholesale nursery means the use of premises for—

(a)the wholesale of plants grown on or next to the premises; or

(b)selling gardening materials, if the use is ancillary to the use in paragraph (a).

wind farm—

(a)means the use of premises for generating electricity by wind force, other than electricity that is to be used mainly on the premises for a domestic or rural use; and

(b)includes the use of premises for any of the following, if the use relates, or is ancillary, to the use stated in paragraph (a)—

(i)a wind turbine, wind monitoring tower or anemometer;

(ii)a building or structure, including, for example, a site office or temporary workers’ accommodation;

(iii)a storage area or maintenance facility, including, for example, a lay down area;

(iv)infrastructure or works, including, for example, site access, foundations, electrical works, substations, facilities or devices for storing and releasing energy, or landscaping.

wind turbine means a machine or generator that uses wind force to generate electricity, and includes the blades of the machine or generator.

winery means the use of premises for—

(a)making wine; or

(b)selling wine that is made on the premises.

workforce accommodation—

(a)means the use of premises for—

(i)accommodation that is provided for persons who perform work as part of—

(A)a resource extraction project; or

(B)a project identified in a planning scheme as a major industry or infrastructure project; or

(C)a rural use; or

(ii)recreation and entertainment facilities for persons residing at the premises and their visitors, if the use is ancillary to the use in subparagraph (i); but

(b)does not include rural workers’ accommodation.

Work Health and Safety Regulation means the Work Health and Safety Regulation 2011.