Sustainable Planning Act 2009 (Qld)

Sustainable Planning Act 2009

An Act for a framework to integrate planning and development assessment so that development and its effects are managed in a way that is ecologically sustainable, and for related purposes

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Sustainable Planning Act 2009 .

2   Commencement

This Act commences on a day to be fixed by proclamation.

Part 2    Purpose and advancing the purpose

3   Purpose of Act

The purpose of this Act is to seek to achieve ecological sustainability by—

(a)managing the process by which development takes place, including ensuring the process is accountable, effective and efficient and delivers sustainable outcomes; and

(b)managing the effects of development on the environment, including managing the use of premises; and

(c)continuing the coordination and integration of planning at the local, regional and State levels.

4   Advancing Act’s purpose

(1)If, under this Act, a function or power is conferred on an entity, the entity must—

(a)unless paragraph (b) or (c) applies—perform the function or exercise the power in a way that advances this Act’s purpose; or

(b)if the entity is an assessment manager other than a local government—in assessing and deciding a matter under this Act, have regard to this Act’s purpose; or

(c)if the entity is a referral agency other than a local government (unless the local government is acting as a referral agency under devolved or delegated powers)—in assessing and deciding a matter under this Act, have regard to this Act’s purpose.

(2) Subsection (1) does not apply to code assessment or compliance assessment under this Act.

5   What advancing Act’s purpose includes

(1)Advancing this Act’s purpose includes—

(a)ensuring decision-making processes—

(i)are accountable, coordinated, effective and efficient; and

(ii)take account of short and long-term environmental effects of development at local, regional, State and wider levels, including, for example, the effects of development on climate change; and

(iii)apply the precautionary principle; and

(iv)seek to provide for equity between present and future generations; and

(b)ensuring the sustainable use of renewable natural resources and the prudent use of non-renewable natural resources by, for example, considering alternatives to the use of non-renewable natural resources; and

(c)avoiding, if practicable, or otherwise lessening, adverse environmental effects of development, including, for example—

(i)climate change and urban congestion; and

(ii)adverse effects on human health; and

(d)considering housing choice and diversity, and economic diversity; and

(e)supplying infrastructure in a coordinated, efficient and orderly way, including encouraging urban development in areas where adequate infrastructure exists or can be provided efficiently; and

(f)applying standards of amenity, conservation, energy, health and safety in the built environment that are cost-effective and for the public benefit; and

(g)providing opportunities for community involvement in decision making.

(2)For subsection (1) (a) (iii), the precautionary principle is the principle that lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment if there are threats of serious or irreversible environmental damage.

(3)In this section—

natural resources includes biological, energy, extractive, land and water resources that are important to economic development because of their contribution to employment generation and wealth creation.

Part 3    Interpretation

Division 1 Dictionary

6   Definitions

The dictionary in schedule 3 defines particular words used in this Act.

Division 2 Key definitions

7   Meaning of development

Development is any of the following—

(a)carrying out building work;

(b)carrying out plumbing or drainage work;

(c)carrying out operational work;

(d)reconfiguring a lot;

(e)making a material change of use of premises.

8   Meaning of ecological sustainability

Ecological sustainability is a balance that integrates—

(a)protection of ecological processes and natural systems at local, regional, State and wider levels; and

(b)economic development; and

(c)maintenance of the cultural, economic, physical and social wellbeing of people and communities.

9   Meaning of lawful use

A use of premises is a lawful use of the premises if—

(a)the use is a natural and ordinary consequence of making a material change of use of the premises; and

(b)the making of the material change of use was in compliance with this Act.

Division 3 Supporting definitions and explanations for key definitions

10   Definitions for terms used in development

(1)In this Act—

building work—

1 Building work means—

(a)building, repairing, altering, underpinning (whether by vertical or lateral support), moving or demolishing a building or other structure; or

(b)work regulated under the building assessment provisions, other than IDAS; or

(c)excavating or filling—

(i)for, or incidental to, the activities mentioned in paragraph (a); or

(ii)that may adversely affect the stability of a building or other structure, whether on the land on which the building or other structure is situated or on adjoining land; or

(d)supporting (whether vertically or laterally) land for activities mentioned in paragraph (a).

2 Building work, for administering IDAS in relation to a Queensland heritage place, includes any of the following—

(a)altering, repairing, maintaining or moving a built, natural or landscape feature on the place;

(b)excavating, filling or other disturbances to land that damage, expose or move archaeological artefacts or underwater cultural heritage artefacts, as defined under the Queensland Heritage Act 1992 , on the place;

(c)altering, repairing or removing artefacts that contribute to the place’s cultural heritage significance, including, for example, furniture and fittings;

(d)altering, repairing or removing building finishes that contribute to the place’s cultural heritage significance, including, for example, paint, wallpaper and plaster.

3 Building work, for administering IDAS in relation to a Queensland heritage place, does not include development for which an exemption certificate has been issued under the Queensland Heritage Act 1992 .

4 Building work does not include undertaking—

(a)operations of any kind and all things constructed or installed that allow taking or interfering with water, other than using a water truck to pump water, under the Water Act 2000 ; or

(b)tidal works; or

(c)work for reconfiguring a lot.

Example for paragraph (c)—

building a retaining wall

lot means—

(a)a lot under the Land Title Act 1994 ; or

(b)a separate, distinct parcel of land for which an interest is recorded in a register under the Land Act 1994 ; or

(c)common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or

(d)a lot or common property to which the Building Units and Group Titles Act 1980 continues to apply; or

(e)a community or precinct thoroughfare under the Mixed Use Development Act 1993 ; or

(f)a primary or secondary thoroughfare under the Integrated Resort Development Act 1987 or the Sanctuary Cove Resort Act 1985 .

Note—

The Building Units and Group Titles Act 1980 may continue to apply to the following Acts—

• Integrated Resort Development Act 1987

• Mixed Use Development Act 1993

• Registration of Plans (H.S.P. (Nominees) Pty. Limited) Enabling Act 1980

• Registration of Plans (Stage 2) (H.S.P. (Nominees) Pty. Limited) Enabling Act 1984

• Sanctuary Cove Resort Act 1985 .

material change of use, of premises, means—

(a)the start of a new use of the premises; or

(b)the re-establishment on the premises of a use that has been abandoned; or

(c)a material increase in the intensity or scale of the use of the premises.

operational work—

1 Operational work means—

(a)extracting gravel, rock, sand or soil from the place where it occurs naturally; or

(b)conducting a forest practice; or

(c)excavating or filling that materially affects premises or their use; or

(d)placing an advertising device on premises; or

(e)undertaking work in, on, over or under premises that materially affects premises or their use; or

(f)clearing vegetation, including vegetation to which the Vegetation Management Act applies; or

(g)undertaking operations of any kind and all things constructed or installed that allow taking or interfering with water, other than using a water truck to pump water, under the Water Act 2000 ; or

(h)undertaking—

(i)tidal works; or

(ii)work in a coastal management district; or

(i)constructing or raising waterway barrier works; or

(j)performing work in a declared fish habitat area; or

(k)removing, destroying or damaging a marine plant; or

(l)undertaking roadworks on a local government road.

2 Operational work does not include—

(a)for item 1(a) to (f) and (j), any element of work that is—

(i)building work; or

(ii)drainage work; or

(iii)plumbing work; or

(b)clearing vegetation on—

(i)a forest reserve under the Nature Conservation Act 1992 ; or

(ii)a protected area under the Nature Conservation Act 1992 , section 28; or

(iii)an area declared as a State forest or timber reserve under the Forestry Act 1959 ; or

(iv)a forest entitlement area under the Land Act 1994 .

reconfiguring a lot means—

(a)creating lots by subdividing another lot; or

(b)amalgamating 2 or more lots; or

(c)rearranging the boundaries of a lot by registering a plan of subdivision; or

(d)dividing land into parts by agreement rendering different parts of a lot immediately available for separate disposition or separate occupation, other than by an agreement that is—

(i)a lease for a term, including renewal options, not exceeding 10 years; or

(ii)an agreement for the exclusive use of part of the common property for a community titles scheme under the Body Corporate and Community Management Act 1997 ; or

(e)creating an easement giving access to a lot from a constructed road.

(2)For the definition of building work in subsection (1), item 1(b), work includes a management procedure or other activity relating to a building or structure even though the activity does not involve a structural change to the building or structure.

Example—

a management procedure under the fire safety standard under the Building Act relating to a budget accommodation building

11   Explanation of terms used in ecological sustainability

For section 8—

(a)ecological processes and natural systems are protected if—

(i)the life-supporting capacities of air, ecosystems, soil and water are conserved, enhanced or restored for present and future generations; and

(ii)biological diversity is protected; and

(b)economic development takes place if there are diverse, efficient, resilient and strong economies (including local, regional and State economies) enabling communities to meet their present needs while not compromising the ability of future generations to meet their needs; and

(c)the cultural, economic, physical and social wellbeing of people and communities is maintained if—

(i)well-serviced and healthy communities with affordable, efficient, safe and sustainable development are created and maintained; and

(ii)areas and places of special aesthetic, architectural, cultural, historic, scientific, social or spiritual significance are conserved or enhanced; and

(iii)integrated networks of pleasant and safe public areas for aesthetic enjoyment and cultural, recreational or social interaction are provided; and

(iv)potential adverse impacts on climate change are taken into account for development, and sought to be addressed through sustainable development, including, for example, sustainable settlement patterns and sustainable urban design.

Division 4 General matters

12   Meaning of words in Act prevail over planning instruments

If a word in a planning instrument has a meaning that is inconsistent with the meaning of the same word in this Act, the meaning of the word in this Act prevails to the extent of the inconsistency.

13   References in Act to particular terms

In a provision of this Act about a development application, a reference to—

(a)the applicant is a reference to the person who made the application; and

(b)development, or the development, is a reference to development the subject of the application; and

(c)the assessment manager is a reference to the assessment manager for the application; and

(d)a referral agency, concurrence agency or advice agency is a reference to a referral agency, concurrence agency or advice agency for the application; and

(e)the local government is a reference to the local government for the local government area where the development is proposed; and

(f)an information request is a reference to an information request for assessing the application; and

(g)the acknowledgement notice is a reference to the acknowledgement notice for the application; and

(h)a referral agency’s response is a reference to a referral agency’s response for the application; and

(i)the development approval is a reference to the development approval for the application; and

(j)the land is a reference to the land the subject of the application; and

(k)the premises is a reference to the premises the subject of the application; and

(l)the planning scheme is a reference to the planning scheme for the locality where the development is proposed; and

(m)a submitter is a reference to a submitter for the application; and

(n)the decision notice or negotiated decision notice is a reference to the decision notice or negotiated decision notice for the application.

Part 4    Application of Act

14   Act binds all persons

(1)This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

(3) Subsection (1) does not apply to the functions and powers of the Coordinator-General under the State Development and Public Works Organisation Act 1971 .

Chapter 2    State planning instruments

Part 1    Preliminary

15   State planning instruments under Act

The following are State planning instruments under this Act—

(a)a State planning regulatory provision;

(b)a State planning policy;

(c)a regional plan;

(d)the standard planning scheme provisions.

Part 2    State planning regulatory provisions

Division 1 Preliminary

16   What is a State planning regulatory provision

(1)A State planning regulatory provision is an instrument made under division 2 and part 6 for an area to advance the purpose of this Act by—

(a)providing regulatory support for regional planning; or

(b)providing for a charge for the supply of infrastructure; or

(c)protecting planning scheme areas from adverse impacts.

(2)A State planning regulatory provision includes a draft State planning regulatory provision that under section 73 has effect as a State planning regulatory provision.

Note—

See also section 858 (Transition of validated planning documents to master planning documents).

17   Status of State planning regulatory provision

(1)A State planning regulatory provision is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

(2)A State planning regulatory provision is not subordinate legislation.

18   State interest

For this Act, a State planning regulatory provision is taken to be a State interest.

19   Relationship with other instruments

(1)If there is an inconsistency between a State planning regulatory provision and another planning instrument, or any plan, policy or code under an Act, the State planning regulatory provision prevails to the extent of the inconsistency.

(2)A State planning regulatory provision may suspend or otherwise affect the operation of another planning instrument, but does not amend the planning instrument.

Division 2 General matters about State planning regulatory provisions

20   Power to make State planning regulatory provision

(1)The Minister may make a State planning regulatory provision for the State or a part of the State (a relevant area) if the Minister is satisfied the provision is necessary—

(a)to implement a regional plan; or

(b)to prevent a compromise of the implementation of a proposed regional plan for a designated region or a proposed designated region; or

(c)to provide for the matters mentioned in section 629.

(2)The Minister also may make a State planning regulatory provision if the Minister is satisfied—

(a)there is a significant risk of serious environmental harm or serious adverse cultural, economic or social conditions happening in a planning scheme area; and

(b)giving a direction under section 126 would not be the most appropriate way to address the risk.

(3)The Minister and an eligible Minister may jointly make a State planning regulatory provision for the State or a part of the State (also a relevant area) if—

(a)the matter to which the State planning regulatory provision relates is a matter administered by the eligible Minister; and

(b)the Minister is satisfied—

(i)there is a significant risk of serious environmental harm or serious adverse cultural, economic or social conditions happening in a planning scheme area; and

(ii)giving a direction under section 126 would not be the most appropriate way to address the risk.

Note—

Section 858 (Transition of validated planning documents to master planning documents) also allows the making of State planning regulatory provisions.

21   Content of State planning regulatory provision

A State planning regulatory provision may—

(a)declare development to be—

(i)self-assessable development; or

(ii)development requiring compliance assessment; or

(iii)assessable development; or

(iv)prohibited development; and

(b)require impact or code assessment, or both impact and code assessment, for assessable development, including assessable development mentioned in paragraph (a); and

(c)include a code for IDAS, or other criteria for the assessment of development applications; and

(d)otherwise regulate development by, for example, stating aspects of development that may not take place in stated localities until—

(i)a stated planning instrument has been made; or

(ii)a stated development application has been approved; and

(e)state transitional arrangements for development applications affected by the provision; and

(f)provide for a matter mentioned in section 20.

Note—

For other matters that may be included in a State planning regulatory provision, see chapter 6, part 10 (Compliance stage).

Part 3    State planning policies

Division 1 Preliminary

22   What is a State planning policy

A State planning policy is an instrument that—

(a)is made under division 2 and part 6, or division 3; and

(b)advances the purpose of this Act by stating the State’s policy about a matter of State interest.

23   Status of State planning policy

A State planning policy is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

24   Area to which State planning policy applies

A State planning policy has effect throughout the State unless the policy states otherwise.

25   Relationship with regional plans and local planning instruments

If there is an inconsistency between a State planning policy and a regional plan or local planning instrument, the State planning policy prevails to the extent of the inconsistency.

Division 2 General matters about State planning policies

26   Power to make State planning policy—generally

(1)The Minister may, under part 6, make a State planning policy.

(2)Also, the Minister and an eligible Minister may, under part 6, jointly make a State planning policy if the State interest addressed by the policy is a matter administered by the eligible Minister.

27   Duration of State planning policy made under pt 6

(1)A State planning policy mentioned in section 26 ceases to have effect on—

(a)the day the policy is repealed under part 6; or

(b)the day that is 10 years after the day the policy had effect.

(2)Despite subsection (1) (b), if a day for the ending of the State planning policy is prescribed under a regulation made before the period mentioned in the subsection ends, the policy ends on the prescribed day.

(3)The prescribed day must not be more than 12 years after the day the State planning policy had effect.

Division 3 Temporary State planning policies

28   Power to make temporary State planning policy

(1)The Minister may, under section 29, make a State planning policy (a temporary State planning policy) if the Minister considers the policy is urgently required to protect or give effect to a State interest.

(2)Also, the Minister and an eligible Minister may, under section 29, jointly make a State planning policy (also a temporary State planning policy) if—

(a)the State interest addressed by the policy is a matter administered by the eligible Minister; and

(b)the Minister considers the policy is urgently required to protect or give effect to the State interest.

(3)Part 6, divisions 1 to 3, do not apply to the making of a temporary State planning policy.

29   Making temporary State planning policy

(1)The Minister, or the Minister and an eligible Minister jointly, may make a temporary State planning policy by publishing a notice about the policy—

(a)in the gazette; and

(b)if the policy is to have effect throughout the State—in a newspaper circulating generally in the State; and

(c)if the policy is to have effect only in a part of the State—in a newspaper circulating generally in the part.

(2)If the Minister and an eligible Minister propose to jointly make a temporary State planning policy, the policy is validly made if—

(a)the eligible Minister publishes a notice about the policy under subsection (1); and

(b)the policy is endorsed by the Minister and the eligible Minister before the eligible Minister publishes the notice.

(3)The notice mentioned in subsection (1) must state the following—

(a)the name of the State planning policy;

(b)if the policy applies only to a particular part of the State—the name of the part or other information necessary to adequately describe the part;

(c)the period for which the policy has effect;

(d)where a copy of the policy may be inspected and purchased.

30   Effect of temporary State planning policy

A temporary State planning policy may suspend or otherwise affect the operation of a State planning policy, but does not amend the State planning policy.

31   Duration of temporary State planning policy

A temporary State planning policy has effect for—

(a)1 year after the day it is made; or

(b)if the policy states a lesser period of effect—the lesser period.

Part 4    Regional plans

Division 1 Preliminary

32   What is a designated region

(1)A designated region is—

(a)the local government areas, or the parts of local government areas, prescribed as a designated region under a regulation; and

(b)Queensland waters adjacent to the local government areas or parts.

(2)A regulation under subsection (1) (a) must give a name to each designated region it prescribes.

Division 2 Regional plans for designated regions

Subdivision 1 Preliminary

33   What is a regional plan

A regional plan, for a designated region, is an instrument that—

(a)is made under subdivision 2 and part 6 by the regional planning Minister for the region; and

(b)advances the purpose of this Act by providing an integrated planning policy for the region.

34   Status of regional plan

A regional plan is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

35   State interest

For this Act, a designated region’s regional plan is taken to be a State interest.

36   Relationship with other instruments

(1)This section does not apply to a State planning regulatory provision.

(2)If there is an inconsistency between a regional plan and a local planning instrument, the regional plan prevails to the extent of the inconsistency.

Subdivision 2 Requirement to make, and key elements of, regional plans

37   Requirement to make regional plan

The regional planning Minister for a designated region must make a regional plan for the region.

38   Key elements of regional plan

The regional planning Minister for a designated region must be satisfied its regional plan—

(a)identifies—

(i)the desired regional outcomes for the region; and

(ii)the policies and actions for achieving the desired regional outcomes; and

(b)identifies the desired future spatial structure of the region including—

(i)a future regional land use pattern; and

(ii)provision for regional infrastructure to service the future regional land use pattern, to inform—

(A)local governments when preparing LGIPs; and

(B)the State, local governments and other entities about infrastructure plans and investments; and

(iii)key regional environmental, economic and cultural resources to be preserved, maintained or developed; and

(iv)the way the resources are to be preserved, maintained or developed; and

(v)for paragraph (b)(iii), regional landscape areas; and

(c)includes any other relevant regional planning matter for this Act.

Subdivision 3 Requirement to amend planning schemes to reflect regional plans

39   Amending planning schemes to reflect regional plan

(1)This section applies to a local government if its local government area or part of its area is prescribed under section 32 (1) as a designated region, unless the regional planning Minister for the region gives the local government a written direction to the contrary.

(2)The local government must amend its planning scheme, under the process stated in the guideline mentioned in section 117 (1), to reflect the designated region’s regional plan as made, amended or replaced.

(3)The regional planning Minister for the designated region may amend the planning scheme if—

(a)the regional planning Minister is satisfied a local government must amend its planning scheme under subsection (2); and

(b)the local government has not, within 90 business days after the day notice of the making of the designated region’s regional plan was gazetted—

(i)made the amendment; or

(ii)complied with the guideline mentioned in section 117 (1) to the extent it requires the local government to give the Minister a copy of the proposed amendment.

(4)Anything done by the regional planning Minister under subsection (3) is taken to have been done by the local government and has the same effect as it would have had if the local government had done it.

(5)An expense reasonably incurred by the regional planning Minister in taking an action under subsection (3) may be recovered from the local government as a debt owing to the State.

(6)The regional planning Minister may, in writing, extend the period mentioned in subsection (3) (b).

(7)Nothing in this section affects or is affected by chapter 3, part 6.

Division 3 Regional planning committees

40   What are regions

In this Act—

(a)there are no fixed geographical areas of the State constituting regions, other than designated regions; and

(b)a region may include the combined area of all or parts of 2 or more local government areas and an area not included in a local government area.

41   Establishment of regional planning committee

(1)The Minister may establish as many regional planning committees as the Minister considers appropriate.

(2)The regional planning Minister for a designated region must establish a regional planning committee for the region.

(3)However, subsection (4) applies if—

(a)there is a regional planning committee for a region that is not a designated region; and

(b)the area covered by the region is the same or substantially the same as a designated region.

(4)The regional planning committee for the region is taken to be the regional planning committee established for the designated region.

(5)Before establishing a regional planning committee for a region that is not a designated region, the Minister must—

(a)prepare draft terms of reference for the proposed committee; and

(b)identify the proposed region and local governments likely to be affected by the advice of the proposed committee; and

(c)consult with the local governments and interest groups the Minister considers appropriate about—

(i)the draft terms of reference, including the term of the proposed committee; and

(ii)the membership of the proposed committee; and

(iii)the extent of their, the Commonwealth’s and the State’s, proposed participation in, and support for, the proposed committee.

(6)In establishing a regional planning committee for a region that is not a designated region, the Minister must state—

(a)the committee’s name; and

(b)the membership of the committee; and

(c)the area covered by the region for which the committee is established; and

(d)the committee’s terms of reference.

42   Functions of regional planning committee

(1)The functions of a regional planning committee for a region that is not a designated region are the functions stated in the committee’s terms of reference.

(2)The function of a designated region’s regional planning committee is to advise the regional planning Minister for the region about the development and implementation of the region’s regional plan.

43   Membership of regional planning committee

(1)A designated region’s regional planning committee has the membership decided by the regional planning Minister for the region and notified in the gazette.

(2)A member of a designated region’s regional planning committee must be—

(a)a Minister; or

(b)a mayor or councillor of a local government of the region; or

(c)a person who has the appropriate qualifications, experience or standing to be a member of the committee.

(3)However, this section does not apply if section 41 (4) applies to the designated region.

(4)The membership of a regional planning committee for a region that is not a designated region—

(a)may be identified in general or specific terms; and

(b)without limiting the scope of possible membership, must include representatives of appropriate local governments.

(5)However, a local government may elect not to be represented on a regional planning committee for a region that is not a designated region.

44   Changing particular committee

After consulting the regional planning committee for a region that is not a designated region and any other entities the Minister considers appropriate, the Minister may change any aspect of the committee, including, for example, its name, membership, region and terms of reference.

45   Dissolution of regional planning committee

(1)The Minister may dissolve the regional planning committee for a region that is not a designated region at any time.

(2)The regional planning Minister for a designated region may dissolve its regional planning committee at any time.

46   Quorum

A quorum for a meeting of a regional planning committee is 1 more than half the number of members of the committee.

47   Presiding at meetings

(1)The regional planning Minister for a designated region presides at all meetings of its regional planning committee.

(2)If the regional planning Minister for the designated region is absent, the member nominated by the regional planning Minister must preside.

48   Conduct of meetings

(1)Meetings of a designated region’s regional planning committee must be conducted at the time and place the regional planning Minister for the region decides.

(2)A regional planning committee must conduct its business and proceedings at meetings in the way it decides.

49   Reports of particular committee

A regional planning committee for a region that is not a designated region must report its findings under its terms of reference to the Minister and the local governments of its region.

Part 5    Standard planning scheme provisions

Division 1 Preliminary

50   What are standard planning scheme provisions

The standard planning scheme provisions are the provisions that—

(a)are made under division 2 and part 6 by the Minister; and

(b)advance the purpose of this Act by providing for—

(i)a consistent structure for planning schemes; and

(ii)standard provisions for implementing integrated planning at the local level.

51   Status of standard planning scheme provisions

The instrument consisting of the standard planning scheme provisions is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

52   Effect of standard planning scheme provisions

The standard planning scheme provisions do not regulate or affect development unless, under section 53, the provisions have effect in a planning scheme area.

53   Relationship with local planning instruments

If a local planning instrument for a planning scheme area is inconsistent with the standard planning scheme provisions, the standard planning scheme provisions—

(a)prevail to the extent of the inconsistency; and

(b)have effect in place of the local planning instrument, but only to the extent of the inconsistency and to the extent the instrument applies in the planning scheme area.

Division 2 General matters about standard planning scheme provisions

54   Power to make standard planning scheme provisions

The Minister may make standard planning scheme provisions for the whole of the State.

55   Local governments to amend planning schemes to reflect standard planning scheme provisions

(1)A local government must ensure each of its local planning instruments is consistent with the standard planning scheme provisions.

(2)If the standard planning scheme provisions are amended, the local government must amend its planning scheme under the process stated in the guideline mentioned in section 117 (1) to reflect the standard planning scheme provisions as amended.

(3)The Minister may amend the planning scheme if—

(a)the Minister is satisfied a local government must amend its planning scheme under subsection (2); and

(b)the local government has not, within 90 business days after the day notice of the making of the amended standard planning scheme provisions was gazetted—

(i)made the amendment; or

(ii)complied with the guideline mentioned in section 117 (1) to the extent it requires the local government to give the Minister a copy of the proposed amendment.

(4)Anything done by the Minister under subsection (3) is taken to have been done by the local government and has the same effect as it would have had if the local government had done it.

(5)An expense reasonably incurred by the Minister in taking an action under subsection (3) may be recovered from the local government as a debt owing to the State.

(6)The Minister may, in writing, extend the period mentioned in subsection (3) (b).

(7) Subsection (2) does not apply to a local government if, under section 129, the Minister amends the local government’s planning scheme to reflect the standard planning scheme provisions as amended.

(8)Subject to subsection (7), nothing in this section affects or is affected by chapter 3, part 6.

55A   Limited application of s 777 for IPA standard provisions

(1)This section applies in relation to a local planning instrument to which section 777 applies (an IPA local planning instrument) if any provision of the standard planning scheme provisions states that it applies to the IPA local planning instrument.

(2)The provisions of the standard planning scheme provisions stated to apply to the IPA local planning instrument are the IPA standard provisions for the instrument.

(3) Subsections (4) to (7) apply despite section 777 (2), (3) and (7).

(4) Section 53 applies to the IPA local planning instrument as if a reference in the section to the standard planning scheme provisions were a reference to the IPA standard provisions for the instrument.

(5) Section 55 (1) applies to a local government in relation to its IPA local planning instrument as if a reference in the provision to the standard scheme provisions were a reference to the IPA standard provisions for the instrument.

(6)If—

(a)the standard planning scheme provisions are amended to state that the IPA standard provisions for the IPA local planning instrument apply; or

(b)the IPA standard provisions for the instrument are amended;

the local government must amend its planning scheme under the process stated in the guideline mentioned in section 117 (1) to reflect the IPA standard provisions, or the IPA standard provisions as amended, for the instrument.

(7) Section 55 (3) and (7) applies to a local government in relation to its IPA local planning instrument as if a reference in the provision to the standard planning scheme provisions as amended were a reference to the IPA standard provisions, or the IPA standard provisions as amended, for the instrument.

Part 6    Making, amending and repealing State planning instruments

Division 1 Preliminary

56   Process for making, amending or repealing State planning instrument

(1)The process stated in this part must be followed for making, amending or repealing a State planning instrument.

(2)A regulation may state an additional requirement to be followed for making, amending or repealing a State planning instrument.

(3)If a regulation under subsection (2) states an additional requirement, the requirement must be complied with.

57   Compliance with divs 2 and 3

Despite divisions 2 and 3, if a State planning instrument is made or amended in substantial compliance with the process stated in the divisions, the State planning instrument or amendment is valid so long as any noncompliance has not—

(a)adversely affected the awareness of the public of the existence and nature of the proposed State planning instrument or amendment; or

(b)restricted the opportunity of the public to make properly made submissions about the proposed instrument or amendment under the process stated in the divisions.

Division 2 Process for making State planning instruments

58   Preparation of draft instrument

(1)Before making a State planning instrument, the Minister must prepare a draft of the proposed instrument.

(2)In preparing a draft regional plan, the regional planning Minister must consult with the region’s regional planning committee about preparing the draft.

(3)In subsection (1)—

Minister means—

(a)if the State planning instrument is to be jointly made by the Minister and an eligible Minister—the eligible Minister; or

(b)otherwise—the Minister proposing to make the State planning instrument.

59   Endorsing particular draft instrument

(1) Subsection (2) applies if a draft State planning regulatory provision or State planning policy is prepared by an eligible Minister.

(2)The Minister and the eligible Minister must endorse the instrument before the eligible Minister acts under section 60.

60   Notice about draft instrument

(1)The Minister who prepared the draft State planning instrument must publish a notice—

(a)in the gazette; and

(b)if the draft instrument is to have effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and

(c)if the draft instrument is to have effect only in a part of the State—in a newspaper circulating generally in the part.

(2)The notice must state the following—

(a)that the draft State planning instrument is available for inspection and purchase;

(b)where copies of the draft instrument may be inspected and purchased;

(c)a contact telephone number for information about the draft instrument;

(d)that written submissions about any aspect of the draft instrument may be given by any person to the Minister who prepared the draft;

(e)the period (the consultation period) during which the submissions may be made;

(f)the requirements for a properly made submission.

(3)The consultation period must be for at least—

(a)for a draft regional plan—60 business days after the day the notice is gazetted; or

(b)for a draft State planning regulatory provision—30 business days after the day the notice is gazetted; or

(c)otherwise—40 business days after the day the notice is gazetted.

(4)The Minister who prepared the draft State planning instrument must give a copy of the notice and the draft instrument to each of the following—

(a)for a draft State planning instrument other than draft standard planning scheme provisions—each local government whose local government area includes a part of the State in which the draft instrument is to have effect;

(b)for draft standard planning scheme provisions—each local government;

(c)any other person or entity prescribed under a regulation.

61   Keeping draft instrument available for inspection and purchase

For all of the consultation period, the Minister who prepared the draft State planning instrument must keep a copy of the draft instrument available for inspection and purchase by members of the public.

62   Dealing with draft State planning regulatory provision

(1)The Minister who prepared a draft State planning regulatory provision may, during the consultation period, amend, replace or remove the draft State planning regulatory provision, other than to change the relevant area.

(2)If an eligible Minister prepared the draft State planning regulatory provision, an amended or replacement instrument must be endorsed by the eligible Minister and the Minister.

63   Making State planning instruments

(1)The Minister who prepared the draft State planning instrument must—

(a)consider each properly made submission about the draft instrument; and

(b)for a draft regional plan for a designated region—consult with the designated region’s regional planning committee about making the regional plan.

(2)After acting under subsection (1), the Minister may—

(a)make the State planning instrument as provided for in the draft State planning instrument as published; or

(b)make the State planning instrument and include any amendments of the draft State planning instrument the Minister considers appropriate; or

(c)for a State planning instrument other than a regional plan—decide not to make the State planning instrument as mentioned in paragraph (a) or (b).

(3)If an eligible Minister prepared the draft State planning instrument, the eligible Minister and the Minister must jointly—

(a)make the State planning instrument as mentioned in subsection (2) (a) or (b); or

(b)decide not to make the State planning instrument.

(4)A State planning instrument is taken to be jointly made when the instrument is endorsed by both Ministers.

64   Notice about making State planning instrument

(1)After the State planning instrument is made, the Minister who prepared the draft instrument must publish a notice about its making—

(a)in the gazette; and

(b)if the instrument has effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and

(c)if the instrument has effect only in a part of the State—in a newspaper circulating generally in the part.

(2)The notice must state—

(a)the day the State planning instrument was made; and

(b)where a copy of the instrument may be inspected and purchased.

(3)The Minister mentioned in subsection (1) must give a copy of the State planning instrument to—

(a)for a State planning instrument other than the standard planning scheme provisions—each local government whose local government area includes a part of the State in which the instrument has effect; or

(b)for the standard planning scheme provisions—each local government.

65   Notice about decision not to make State planning instrument

If a decision is made not to make a State planning instrument, the Minister who prepared the draft instrument must publish notice of the decision in the gazette.

66   Particular State planning regulatory provisions to be ratified by Parliament

(1)This section applies to a State planning regulatory provision made to—

(a)implement a regional plan; or

(b)prevent a compromise of the implementation of a proposed regional plan for a designated region or a proposed designated region.

(2)Within 14 sitting days after the State planning regulatory provision is made, a copy of the provision must be tabled in the Legislative Assembly by the Minister who made the State planning regulatory provision.

(3)If the provision is not ratified by Parliament within 14 sitting days after the day the copy is tabled, the provision ceases to have effect.

67   State planning regulatory provisions that are subject to disallowance

(1)This section applies to a State planning regulatory provision made because the Minister was satisfied there is a significant risk of serious environmental harm or serious adverse cultural, economic or social conditions happening in a planning scheme area.

(2)The Statutory Instruments Act 1992 , sections 49, 50 and 51, apply to the provision as if it were subordinate legislation.

Division 3 Amending State planning instruments

Subdivision 1 Administrative and minor amendments, and particular amendments to reflect documents

68   Administrative and minor amendment or amendment to reflect other documents

(1)The Minister who made a State planning instrument may make an administrative amendment or minor amendment of the instrument.

(2)If the State planning instrument was jointly made by 2 Ministers—

(a)for an administrative amendment—either Minister may make the amendment; and

(b)for a minor amendment—

(i)the amendment must be jointly made by both Ministers; and

(ii)the amendment is taken to be jointly made when the amendment is endorsed by both Ministers.

(3)The regional planning Minister for a designated region also may amend the region’s regional plan to include a document to be made under the plan that—

(a)has been prepared by a public sector entity; and

(b)the regional planning Minister is satisfied—

(i)demonstrates how the regional plan will be implemented; and

(ii)has been subject to adequate public consultation.

(4)Division 2 does not apply to the making of an amendment under this section.

69   Notice of amendment under s 68

(1)After the State planning instrument is amended, the Minister who made the amendment, or the eligible Minister if the amendment was jointly made, must publish a notice about the amendment—

(a)in the gazette; and

(b)if the instrument has effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and

(c)if the instrument has effect only in a part of the State—in a newspaper circulating generally in the part.

(2)The notice must state—

(a)the day the amendment was made; and

(b)where a copy of the State planning instrument, as amended, may be inspected and purchased.

Subdivision 2 Other amendments

70   Other amendments

(1)The Minister who made a State planning instrument may make an amendment of the instrument, other than an amendment under section 68, only if the process under division 2 for the making of the State planning instrument has been followed.

(2)To remove any doubt, it is declared that if the State planning instrument was jointly made by 2 Ministers, the amendment must be jointly made by both Ministers.

(3)For subsection (1), division 2 applies—

(a)as if a reference in the division to preparing a draft State planning instrument were a reference to preparing a draft amendment; and

(b)as if a reference in the division to a draft State planning instrument were a reference to the draft amendment; and

(c)as if a reference in the division to making a State planning instrument were a reference to the making of the amendment; and

(d)as if a reference in the division to a State planning instrument were a reference to the amendment; and

(e)as if the reference in section 60 (3) (a) to 60 business days were a reference to 30 business days; and

(f)as if the reference in section 60 (3) (c) to 40 business days were a reference to 20 business days; and

(g)with other necessary changes.

71   Decision not to proceed with amendment of regional plan

When acting under division 2, the Minister also may decide not to proceed with the amendment of a regional plan.

Division 4 When State planning instrument or amendment has effect

72   When State planning instrument or amendment has effect

(1)A State planning instrument, or an amendment of a State planning instrument, has effect on—

(a)the day the notice about the making of the instrument or amendment is gazetted; or

(b)if a later day for the commencement of the instrument or amendment is stated in the instrument or amendment—the later day.

(2) Subsection (1) is subject to sections 66 and 67.

73   Effect of draft State planning regulatory provision and draft amendments

(1)This section applies to—

(a)a draft State planning regulatory provision under this part (the draft provision); or

(b)a State planning regulatory provision as amended by a draft amendment of the provision under this part (also the draft provision).

(2)The Minister may state in the gazette notice for the draft instrument, or amendment, that the draft provision has effect as if it were a State planning regulatory provision on the day the notice of the draft instrument, or amendment, is gazetted if the Minister is satisfied any delay in the commencement would increase the risk of—

(a)serious harm to the environment or serious adverse cultural, economic or social conditions happening in a planning scheme area; or

(b)compromising the implementation of a regional plan or proposed regional plan.

(3)If the Minister states a draft provision has effect as mentioned in subsection (2), the draft provision has effect as if it were a State planning regulatory provision from the day the notice of the draft instrument, or amendment, is gazetted until the first of the following happens—

(a)a decision to make a State planning regulatory provision is made under section 63 (2) (a) or (b) relating to the draft provision and the State planning regulatory provision takes effect under section 72;

(b)a decision not to make a State planning regulatory provision is made under section 63 (2) (c) relating to the draft provision and is gazetted;

(c)the day that is 12 months after the day the notice of the draft instrument, or amendment, is gazetted ends.

Division 5 Repealing and replacing State planning instruments

74   Notice of repeal

(1)The Minister may decide to repeal a State planning instrument, other than a regional plan.

(2)However, if the State planning instrument was jointly made by 2 Ministers, the decision to repeal the instrument must be jointly made by both Ministers.

(3)A State planning instrument may only be repealed by publishing a notice—

(a)in the gazette; and

(b)if the instrument has effect throughout the State or is made for the whole of the State—in a newspaper circulating generally in the State; and

(c)if the instrument has effect only in a part of the State—in a newspaper circulating generally in the part.

(4)The notice must—

(a)identify the State planning instrument being repealed; and

(b)if the State planning instrument has effect only in a part of the State—identify the part of the State in which it has effect; and

(c)state that the State planning instrument is repealed.

(5)The Minister must give a copy of the notice to—

(a)for a State planning instrument other than the standard planning scheme provisions—each local government whose local government area includes a part of the State in which the instrument had effect; and

(b)for the standard planning scheme provisions—each local government.

(6)If the State planning instrument was jointly made by the Minister and an eligible Minister, the Minister must act under subsections (3) and (5) in relation to the repeal of the instrument.

75   When repeal has effect

The repeal of a State planning instrument has effect on the day the notice of the repeal is gazetted.

76   Replacement of regional plans

If a regional plan (the replacement plan) states that it replaces an existing regional plan, it replaces the existing regional plan on and from the day the replacement plan takes effect.

Chapter 3    Local planning instruments

Part 1    Preliminary

77   Local planning instruments under Act

The following are local planning instruments under this Act—

(a)a planning scheme;

(b)a temporary local planning instrument;

(c)a planning scheme policy.

78   Infrastructure intentions in local planning instruments not binding

(1)If a local planning instrument indicates the intention of a local government or a supplier of State infrastructure to supply infrastructure, it does not create an obligation on the local government or the supplier to supply the infrastructure.

(2)If a local government or a supplier of State infrastructure states a desired standard of service in an LGIP, an entity does not have a right to expect or demand the standard.

78A   Relationship between local planning instruments and Building Act

(1)A local planning instrument must not include provisions about building work, to the extent the building work is regulated under the building assessment provisions, unless permitted under the Building Act.

Note—

The Building Act, sections 31, 32 and 33 provide for matters about the relationship between local planning instruments and that Act for particular building work.

(2)To the extent a local planning instrument does not comply with subsection (1), the local planning instrument has no effect.

(3)In this section—

building assessment provisions does not include IDAS or a provision of a local planning instrument.

Part 2    Planning schemes

Division 1 Preliminary

79   What is a planning scheme

A planning scheme is an instrument that—

(a)is made by a local government under division 2 and part 5; and

(b)advances the purpose of this Act by providing an integrated planning policy for the local government’s planning scheme area.

80   Status of planning scheme

A planning scheme is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

81   Effects of planning scheme

A planning scheme for a planning scheme area—

(a)becomes the planning scheme for the area; and

(b)replaces any existing planning scheme applying to the area.

82   Area to which planning scheme applies

(1)A local government’s planning scheme applies to all of the local government’s area (the planning scheme area).

(2)The local government also may apply its planning scheme for assessing prescribed tidal work in its tidal area to the extent stated in a code for prescribed tidal work.

83   Relationship with planning scheme policies

If there is an inconsistency between a planning scheme and a planning scheme policy for a planning scheme area, the planning scheme prevails to the extent of the inconsistency.

Note—

For the relationship between planning schemes and State planning instruments, see sections 19 (Relationship with other instruments), 25 (Relationship with local planning instruments), 36 (Relationship with other instruments) and 53 (Relationship with local planning instruments).

Division 2 General provisions about planning schemes

84   Power to make planning scheme

A local government may make a planning scheme for its planning scheme area.

85   Documents planning scheme may adopt

(1)The only documents made by a local government that the local government’s planning scheme may, under the Statutory Instruments Act 1992 , section 23, apply, adopt or incorporate are—

(a)a planning scheme policy; or

(b)an LGIP.

(2)In this section—

documents does not include the following—

(a)a development approval;

(b)an approval for an application mentioned in repealed IPA, section 6.1.26.

86   Planning schemes for particular local governments

(1)This section applies to the planning scheme for the following local governments—

(a)Ipswich City Council;

(b)Moreton Bay Regional Council;

(c)Sunshine Coast Regional Council.

(2)The Statutory Instruments Act 1992 , section 23 (section 23), applies for the following development control plans (each a DCP) under the repealed LGP&E Act—

(a)the DCP known as the Development Control Plan 1 Kawana Waters;

Editor’s note—

At the commencement of this section, a copy of the DCP was available on the Sunshine Coast Regional Council’s website at < DCP known as the Mango Hill Infrastructure Development Control Plan;

Editor’s note—

At the commencement of this section, a copy of the DCP was available on the Moreton Bay Regional Council’s website at < DCP known as the Springfield Structure Plan.

Editor’s note—

At the commencement of this section, a copy of the DCP was available on the Ipswich City Council’s website at < a DCP can not be incorporated into the text of the planning scheme itself.

(4)A planning scheme may under section 23 apply or adopt a DCP by including a statement that the DCP applies to the part of the planning scheme area to which the DCP applies (an adopted DCP).

(5) Section 857 and any definition relevant to it apply for an adopted DCP—

(a)as if—

(i)the planning scheme were an existing planning scheme to which that section applies; and

(ii)the adopted DCP were a development control plan to which that section applies; and

(iii)as if a reference in the section to a development control plan being included in an existing planning scheme under repealed IPA, section 6.1.45A were a reference to the adopted DCP; and

(b)with necessary changes.

87   Covenants not to conflict with planning scheme

Subject to section 349, a covenant under the Land Act 1994 , section 373A (4) or the Land Title Act 1994 , section 97A (3) (a) or (b) is of no effect to the extent it conflicts with a planning scheme—

(a)for the land subject to the covenant; and

(b)in effect when the document creating the covenant is registered.

Division 3 Key concepts for planning schemes

88   Key elements of planning scheme

(1)A local government and the Minister must be satisfied the local government’s planning scheme—

(a)appropriately reflects the standard planning scheme provisions; and

(b)identifies the strategic outcomes for the planning scheme area; and

(c)includes measures that facilitate achieving the strategic outcomes; and

(d)coordinates and integrates the matters, including the core matters, dealt with by the planning scheme, including any State and regional dimensions of the matters.

Note—

State and regional dimensions of matters are explained in section 90.

(2)Measures facilitating achievement of the strategic outcomes include the identification of relevant—

(a)self-assessable development; and

(b)development requiring compliance assessment; and

(c)assessable development requiring code or impact assessment, or both code and impact assessment; and

(d)prohibited development, but only if the standard planning scheme provisions state the development may be prohibited development.

89   Core matters for planning scheme

(1)Each of the following are core matters for the preparation of a planning scheme—

(a)land use and development;

(b)infrastructure;

(c)valuable features.

(2)In this section—

infrastructure includes the extent and location of proposed infrastructure, having regard to existing infrastructure networks, and their capacities and thresholds for augmentation.

land use and development includes each of the following—

(a)the location of, and the relationships between, various land uses;

(b)the effects of land use and development;

(c)how mobility between places is facilitated;

(d)accessibility to areas;

(e)development constraints, including, but not limited to, population and demographic impacts.

valuable features includes each of the following, whether terrestrial or aquatic—

(a)resources or areas that are of ecological significance, including, for example, habitats, wildlife corridors, buffer zones, places supporting biological diversity or resilience, and features contributing to the quality of air, water (including catchments or recharge areas) and soil;

(b)areas contributing significantly to amenity, including, for example, areas of high scenic value, physical features that form significant visual backdrops or that frame or define places or localities, and attractive built environments;

(c)areas or places of cultural heritage significance, including, for example, areas or places of indigenous cultural significance, or aesthetic, architectural, historical, scientific, social or technological significance, to the present generation or past or future generations;

(d)resources or areas of economic value, including, for example, extractive deposits, fishery resources, forestry resources, water resources, sources of renewable and non-renewable energy and good quality agricultural land.

90   State, regional and local dimensions of planning scheme matters

(1)A matter, including a core matter, in a planning scheme may have local, regional or State dimensions.

(2)A local dimension of a planning scheme matter is a dimension that is within the jurisdiction of local government but is not a regional or State dimension.

(3)A regional dimension of a planning scheme matter is a dimension—

(a)about which a regional planning committee report makes a recommendation; or

(b)reflected in a regional plan; or

(c)that can best be dealt with by the cooperation of 2 or more local governments.

(4)A State dimension of a planning scheme matter, including a matter reflected in a State planning policy, is a dimension of a State interest.

Division 4 Provisions about reviewing planning schemes generally

Subdivision 1 Reviewing planning schemes

91   Local government must review planning scheme every 10 years

(1)Each local government must complete a review of its planning scheme—

(a)within 10 years after the planning scheme was originally made; or

(b)if a review of the planning scheme has been previously completed—within 10 years after the completion of the last review.

(2)The review must include an assessment of the achievement of the strategic outcomes stated in the planning scheme.

92   Action local government may take after review

After reviewing its planning scheme, the local government must, by resolution—

(a)propose to prepare a new scheme; or

(b)propose to amend the scheme; or

(c)if the local government is satisfied the scheme is suitable to continue without amendment—decide to take no further action.

93   Report about review if decision is to take no action

If a local government decides to take no further action under section 92 (c), the local government must—

(a)prepare a report stating the reasons why the local government decided to take no further action; and

(b)give a copy of the report to the chief executive.

94   Notice about report to be published

(1)After preparing the report mentioned in section 93, the local government must publish, in a newspaper circulating generally in the local government’s area, a notice stating the following—

(a)the name of the local government;

(b)that the local government has prepared a report stating the reasons why the local government decided to take no further action under section 92 (c);

(c)that the report is available for inspection and purchase;

(d)a contact telephone number for information about the report;

(e)the period (the inspection period), of at least 40 business days, during which the report is available for inspection and purchase.

(2)For all of the inspection period the local government must display a copy of the notice in a conspicuous place in the local government’s public office.

Subdivision 2 LGIP review

94A   Requirement to review LGIP

(1)Each local government must complete a review of any LGIP included in its planning scheme (an LGIP review) within—

(a)5 years after the LGIP was included in the planning scheme; and

(b)each subsequent 5-year period after completing the review under paragraph (a).

(2)In conducting an LGIP review, the local government must follow the process stated in a guideline—

(a)made by the Minister; and

(b)prescribed by regulation.

(3)An LGIP review is not a review for the purposes of a review under subdivision 1.

Division 5 Application of superseded planning schemes

95   Request for application of superseded planning scheme

(1)A person may, by written notice given to a local government, ask the local government—

(a)to apply a superseded planning scheme to the carrying out of assessable development, prohibited development or development requiring compliance assessment that was, under the superseded planning scheme, exempt development or self-assessable development; or

(b)to assess and decide a proposed development application under a superseded planning scheme; or

(c)to—

(i)accept a development application for development that is prohibited development under the planning scheme and was assessable development under a superseded planning scheme; and

(ii)assess and decide the application under the superseded planning scheme; or

(d)to assess and decide a request for compliance assessment under a superseded planning scheme; or

(e)to—

(i)accept a request for compliance assessment of development that is assessable development or prohibited development, and was development requiring compliance assessment under a superseded planning scheme; and

(ii)assess and decide the request under the superseded planning scheme.

(2)However, the notice may be given to the local government only within 1 year after the day—

(a)the planning scheme or planning scheme policy creating the superseded planning scheme took effect; or

(b)the amendment of a planning scheme or planning scheme policy creating the superseded planning scheme took effect.

(3)The notice must—

(a)be in the approved form; and

(b)be accompanied by the fee fixed by resolution of the local government; and

(c)contain a description of the proposed development or be accompanied by a copy of the proposed development application or request for compliance assessment.

(4)The local government must keep the notice available for inspection and purchase from when the local government receives it until the request is decided under this division.

96   Decision on request

(1)The local government must decide to agree to the request, or refuse the request, within 30 business days after receiving it (the request period).

(2)However, the local government may, by written notice given to the person making the request and without the person’s agreement, extend the request period by not more than 10 business days.

(3)Only 1 notice may be given under subsection (2), and it must be given before the request period ends.

(4)However, the request period may be further extended if the person making the request gives written agreement to the extension before the period ends.

(5)The local government is taken to have decided to agree to the request if the local government does not decide the request within the latest of the following periods to end—

(a)the request period;

(b)if the request period is extended under subsections (2) and (3)—the extended period;

(c)if the request period is further extended under subsection (4)—the further extended period.

97   Notice of decision

The local government must give the person making the request written notice of the local government’s decision within 5 business days after making the decision.

98   When development under superseded planning scheme must start

(1)If the local government agrees or is taken to have agreed to a request made under section 95 (1) (a), the superseded planning scheme applies for carrying out the development if—

(a)for development that is a material change of use—the first change of use started within 4 years after the person is given, or was entitled to be given, notice of the decision under this division; or

(b)for development that is reconfiguring a lot—a plan for the reconfiguration is given to the local government within 2 years after the person is given, or was entitled to be given, notice of the decision under this division; or

(c)for other development—the development is substantially started within 2 years after the person is given, or was entitled to be given, notice of the decision under this division.

(2)A person may, by written notice given to the local government before the end of the period stated in subsection (1) for the development, ask the local government to extend the period.

(3)A request under subsection (2)—

(a)must be accompanied by the fee fixed by resolution of the local government; and

(b)if the local government has a form for the request—must be in that form; and

(c)may not be withdrawn.

(4)The local government must give the person written notice of the local government’s decision within 30 business days after receiving the request.

(5)If a person makes a request under subsection (2), the period stated in subsection (1) for the development does not end until the local government gives the person notice of its decision.

99   When development application (superseded planning scheme) can be made

(1)If the local government agrees or is taken to have agreed to a request made under section 95 (1) (b) or (c), a development application (superseded planning scheme) for the development may be made to the assessment manager.

(2)However, the development application (superseded planning scheme) must be made within 6 months after the day the person is given, or was entitled to be given, notice of the decision.

(3)Despite section 239, a development application can be made for development that is prohibited development under a planning scheme if—

(a)the local government agrees or is taken to have agreed to assess and decide the development application under a superseded planning scheme; and

(b)the development was not prohibited development under the superseded planning scheme.

100   When request for compliance assessment under a superseded planning scheme can be made

(1)If the local government agrees or is taken to have agreed to a request made under section 95 (1) (d) or (e), a request for compliance assessment of the development under the superseded planning scheme may be made to the assessment manager.

(2)However, the request must be made within 6 months after the day the person is given, or was entitled to be given, notice of the decision.

(3)Despite section 239, a request for compliance assessment can be made for development that is prohibited development under a planning scheme if—

(a)the local government agrees or is taken to have agreed to assess and decide the request under a superseded planning scheme; and

(b)the development was not prohibited development under the superseded planning scheme.

Part 3    Temporary local planning instruments

Division 1 Preliminary

101   What is a temporary local planning instrument

A temporary local planning instrument is an instrument that—

(a)is made by a local government under division 2 and part 5; and

(b)advances the purpose of this Act by protecting a planning scheme area from adverse impacts.

102   Status of temporary local planning instrument

A temporary local planning instrument is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

103   Area to which temporary local planning instrument applies

A temporary local planning instrument may apply to all or only part of a planning scheme area.

104   Relationship with planning scheme

A temporary local planning instrument may suspend or otherwise affect the operation of a planning scheme for up to 1 year, but—

(a)does not amend a planning scheme; and

(b)is not a change to a planning scheme under section 703.

Note—

For the relationship between temporary local planning instruments and State planning instruments, see sections 19 (Relationship with other instruments), 25 (Relationship with local planning instruments), 36 (Relationship with other instruments) and 53 (Relationship with local planning instruments).

Division 2 General matters about temporary local planning instruments

105   Power to make temporary local planning instrument

A local government may make a temporary local planning instrument for all or part of its planning scheme area only if the Minister is satisfied—

(a)there is a significant risk of serious environmental harm, or serious adverse cultural, economic or social conditions happening in the planning scheme area; and

(b)the delay involved in using the process stated in the guideline mentioned in section 117 (1) to amend the planning scheme would increase the risk; and

(c)State interests would not be adversely affected by the proposed temporary local planning instrument; and

(d)the proposed temporary local planning instrument appropriately reflects the standard planning scheme provisions.

106   Content of temporary local planning instrument

(1)A temporary local planning instrument may—

(a)declare development to be—

(i)self-assessable development; or

(ii)development requiring compliance assessment; or

(iii)assessable development; and

(b)require impact or code assessment, or both impact and code assessment, for assessable development; and

(c)state that development is prohibited development, but only if the standard planning scheme provisions state the development may be prohibited development.

(2)This section does not limit the matters that may be included in a temporary local planning instrument.

107   Temporary local planning instrument may adopt planning scheme policy

(1)The only document made by a local government that a temporary local planning instrument of the local government may, under the Statutory Instruments Act 1992 , section 23, apply, adopt or incorporate is a planning scheme policy.

(2)In this section—

document does not include the following—

(a)a development approval;

(b)an approval for an application mentioned in repealed IPA, section 6.1.26.

Part 4    Planning scheme policies

Division 1 Preliminary

108   What is a planning scheme policy

A planning scheme policy is an instrument that—

(a)is made by a local government under division 2 and part 5; and

(b)supports the local dimension of a planning scheme; and

(c)supports local government actions under this Act for IDAS and for making or amending its planning scheme.

109   Status of planning scheme policy

A planning scheme policy is a statutory instrument under the Statutory Instruments Act 1992 and has the force of law as provided for under this Act.

110   Effect of planning scheme policy

A planning scheme policy for a planning scheme area—

(a)becomes a policy for the area; and

(b)if the policy states that it replaces an existing policy—replaces the existing policy.

111   Area to which planning scheme policy applies

A planning scheme policy may apply to all or only part of a planning scheme area.

112   Relationship with other planning instruments

To the extent a planning scheme policy is inconsistent with another planning instrument, the other planning instrument prevails.

Division 2 General matters about planning scheme policies

113   Power to make planning scheme policy

A local government may make a planning scheme policy for all or a part of its planning scheme area.

114   Content of planning scheme policy

(1)A planning scheme policy may only do 1 or more of the following—

(a)state information a local government may request for a development application;

(b)state the consultation the local government may carry out under section 256;

(c)state actions a local government may take to support the process for making or amending its planning scheme;

(d)contain standards identified in a code;

(e)include guidelines or advice about satisfying assessment criteria in the planning scheme.

(2) Subsection (1) applies despite section 109.

115   Planning scheme policy can not adopt particular documents

(1)A planning scheme policy must not apply, adopt or incorporate another document made by the local government.

(2)In this section—

document does not include the following—

(a)a development approval;

(b)an approval for an application mentioned in repealed IPA, section 6.1.26.

Part 5    Making, amending or repealing local planning instruments

Division 1 Making or amending local planning instruments

116   [Repealed]

117   Process for preparing, making or amending local planning instruments

(1)For making or amending a planning scheme or planning scheme policy, a local government must follow the process stated in a guideline—

(a)made by the Minister; and

(b)prescribed under a regulation.

(2)Without limiting the application of subsection (1) in relation to an LGIP, an LGIP or an amendment of an LGIP must be prepared as required under a guideline—

(a)made by the Minister; and

(b)prescribed by regulation.

(3)For making a temporary local planning instrument, a local government must follow the process stated in a guideline—

(a)made by the Minister; and

(b)prescribed under a regulation.

118   Content of guideline for making or amending local planning instrument

(1)The guideline mentioned in section 117 (1) must make provision for—

(a)the local government to publish at least once in a newspaper circulating in the local government’s area, notice about a proposal to make—

(i)a planning scheme; or

(ii)a planning scheme policy; and

(b)the local government to carry out public consultation about a proposal mentioned in paragraph (a) for a period (the consultation period) of at least—

(i)for a proposed planning scheme—30 business days; and

(ii)for a proposed planning scheme policy—20 business days; and

(c)if public consultation about a proposal mentioned in paragraph (a) must be carried out—

(i)the local government to have available for inspection and purchase during all of the consultation period a copy of the proposed planning scheme or planning scheme policy; and

(ii)members of the public to make submissions to the local government about the proposed planning scheme or planning scheme policy; and

(iii)the local government to consider all properly made submissions about the proposed planning scheme or planning scheme policy; and

(iv)the local government to advise persons who make a properly made submission about how the local government has dealt with the submission; and

(v)the local government to give the Minister a notice containing a summary of matters raised in the properly made submissions and stating how the local government dealt with the matters; and

(d)any proposed planning scheme to be approved by the Minister; and

(e)the making of a proposed planning scheme, or amendment of a planning scheme, to be notified in the gazette; and

(f)the making of a proposed planning scheme policy, or amendment of a planning scheme policy, to be notified in a newspaper circulating generally in the local government’s area.

(2)The guideline mentioned in section 117 (2) must make provision for—

(a)any proposed temporary local planning instrument to be approved by the Minister; and

(b)the making of a proposed temporary local planning instrument to be notified in the gazette.

119   Compliance with guideline

(1)Despite section 117 (1), if a planning scheme or planning scheme policy is made or amended in substantial compliance with the process stated in the guideline mentioned in the subsection, the planning scheme, planning scheme policy or amendment is valid so long as any noncompliance has not—

(a)adversely affected the awareness of the public of the existence and nature of the proposed planning scheme, planning scheme policy or amendment; or

(b)restricted the opportunity of the public to make properly made submissions about the proposed planning scheme, planning scheme policy or amendment under the guideline; or

(c)for a planning scheme or amendment of a planning scheme—restricted the opportunity of the Minister to consider whether State interests would be adversely affected.

(2)Despite section 117 (2), if a temporary local planning instrument is made in substantial compliance with the process stated in the guideline mentioned in the subsection, the instrument is valid.

120   When planning scheme, temporary local planning instrument and amendments have effect

(1)A planning scheme or temporary local planning instrument for a planning scheme area has effect on and from—

(a)the day the making of the planning scheme or temporary local planning instrument is notified in the gazette; or

(b)if a later day for the commencement of the planning scheme or temporary local planning instrument is stated in the planning scheme or instrument—the later day.

(2)If a planning scheme is amended, the amendment has effect on and from—

(a)the day the making of the amendment is notified in the gazette; or

(b)if a later day for the commencement of the amendment is stated in the amendment—the later day.

(3)A temporary local planning instrument has effect until the instrument expires or is repealed.

Note—

For when particular provisions of a planning scheme have no effect for development in the SEQ region, see the SEQ Water Act, section 78A.

121   When planning scheme policy and amendments have effect

A planning scheme policy or amendment of a planning scheme policy for a planning scheme area has effect on and from—

(a)the day the making of the policy or amendment is first notified in a newspaper circulating generally in the local government’s area; or

original assessment manager see section 428.

original notice, for chapter 8, see section 640.

overland flow water see the Water Act 2000 , schedule 4.

owner, of land, means the person for the time being entitled to receive the rent for the land or would be entitled to receive the rent for it if it were let to a tenant at a rent.

Note—

See the Transport Infrastructure Act, section 247, for when the chief executive of the department in which that Act is administered is taken to be the owner of particular rail corridor land or non-rail corridor land under that Act.

panel, for chapter 10, part 3, see section 872.

panel report ...

participating agency ...

participating local government means a participating local government for a distributor-retailer under the SEQ Water Act.

party, for a provision about proceeding before the court or a building and development committee, or proposed proceeding, means any or all of the following for the proceeding or proposed proceeding—

(a)the applicant or appellant;

(b)the respondent;

(c)any co-respondent;

(d)if the Minister is represented—the Minister.

party house see section 755A.

payer, for a provision about a levied charge, see section 627.

payment, for chapter 8, see section 627.

permissible change, for a development approval, see section 367.

person includes a body of persons, whether incorporated or unincorporated.

PIA see section 627.

PIP, for part 11, see section 975.

planning instrument means a State planning regulatory provision, a designated region’s regional plan, a State planning policy, the standard planning scheme provisions, a planning scheme, a temporary local planning instrument or a planning scheme policy.

planning scheme see section 79.

planning scheme area see section 82 (1).

planning scheme policy see section 108.

plans for trunk infrastructure ...

plumbing work see the Plumbing and Drainage Act 2002 , schedule.

PPI index see section 627.

preliminary approval see section 241 (1).

premises means—

(a)a building or other structure; or

(b)land, whether or not a building or other structure is situated on the land.

pre-request response notice see section 368 (3).

prescribed building means a building that is classified under the BCA as—

(a)a class 1 building; or

(b)a class 10 building, other than a class 10 building that is incidental or subordinate to the use, or proposed use, of a building classified under the BCA as a class 2, 3, 4, 5, 6, 7, 8 or 9 building.

prescribed concurrence agency ...

prescribed tidal work means work prescribed under a regulation for this definition under this or another Act.

principal submitter, for a properly made submission, means—

(a)if a submission is made by 1 person—the person; or

(b)if a submission is made by more than 1 person—the person identified as the principal submitter or if no person is identified as the principal submitter the submitter whose name first appears on the submission.

priority infrastructure area ...

priority infrastructure plan ...

private certifier means a building certifier whose licence under the Building Act has private certification endorsement under that Act.

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

prohibited development—

1Generally, prohibited development means development mentioned in schedule 1.

2The term also includes development declared under a State planning regulatory provision to be prohibited development.

3For a planning scheme area, the term also includes development not mentioned in schedule 1, but stated or declared under any of the following for the area to be prohibited development—

(a)the planning scheme;

(b)a temporary local planning instrument.

properly made application, for a development application, see section 261 (1).

properly made submission means a submission that—

(a)is in writing and, unless the submission is made electronically under this Act, is signed by each person who made the submission; and

(b)is received—

(i)if the submission is about a draft EIS or a designation—on or before the last day for making the submission; or

(ii)if the submission is about a development application—during the notification period; or

(iii)otherwise—during the consultation period; and

(c)states the name and residential or business address of each person who made the submission; and

(d)states the grounds of the submission and the facts and circumstances relied on in support of the grounds; and

(e)is made—

(i)if the submission is about a proposed State planning regulatory provision or an amendment of a State planning regulatory provision being made by the regional planning Minister—to the regional planning Minister; or

(ii)if the submission is about a proposed State planning regulatory provision or an amendment of a State planning regulatory provision being made by the Minister—to the Minister; or

(iii)if the submission is about a proposed State planning regulatory provision or an amendment of a State planning regulatory provision being made jointly by the Minister and an eligible Minister—to the eligible Minister; or

(iv)if the submission is about a designated region’s regional plan—to the regional planning Minister for the region; or

(v)if the submission is about a proposed State planning policy or an amendment of a State planning policy being made by the Minister—to the Minister; or

(vi)if the submission is about a proposed State planning policy or an amendment of a State planning policy being made jointly by the Minister and an eligible Minister—to the eligible Minister; or

(vii)if the submission is about the proposed standard planning scheme provisions or an amendment of the standard planning scheme provisions being made by the Minister—to the Minister; or

(viii)if the submission is about a ministerial designation—to the Minister; or

(ix)if the submission is about a proposed planning scheme or planning scheme policy or an amendment of a planning scheme or planning scheme policy—to the local government; or

(x)if the submission is about a proposed planning scheme or an amendment of a planning scheme being carried out by the Minister or regional planning Minister—to the Minister or regional planning Minister; or

(xi)if the submission is about a development application—to the assessment manager.

proponent means the person who proposes development to which chapter 9, part 2 applies.

proposed call in notice, for chapter 6, part 11, division 2, see section 424A (1).

proposed iconic place structure plan ...

proposed TLPI ...

protected planning provision ...

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)that is totally or partly subsidised by the State or a statutory body representing the State; and

(b)includes services provided for residents of the housing, if the services are totally or partly subsidised by the State or a statutory body representing the State.

public office, of a local government, means the premises kept as its public office under—

(a)for a local government other than the Brisbane City Council—the Local Government Act; or

(b)for the Brisbane City Council—the City of Brisbane Act.

public sector entity—

1 Public sector entity means—

(a)a department or part of a department; or

(b)an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act for a public or State purpose.

2 Public sector entity includes—

(a)a government owned corporation; and

(b)other than for chapter 8, a distributor-retailer; and

(c)a rail government entity under the Transport Infrastructure Act 1994 .

public sector entity, for chapter 8, see section 627.

public utility easement means an easement in favour of a public utility provider within the meaning of the Land Title Act 1994 , section 81A.

quarry material see the Water Act 2000 , schedule 4.

Queensland Building and Construction Commission means the Queensland Building and Construction Commission established under the Queensland Building and Construction Commission Act 1991 , section 5.

Queensland Competition Authority means the Queensland Competition Authority established under the Queensland Competition Authority Act 1997 .

Queensland Development Code means the version, current at the relevant time, of the document called, Queensland Development Code, published by the department in which the Building Act is administered.

Queensland heritage place see the Queensland Heritage Act 1992 , schedule.

rates ...

recipient, for a provision about a direction, notice or order, means any person to whom it is given.

reconfiguring a lot see section 10 (1).

reference decision, for chapter 10, part 3, see section 872.

referral agency see section 252.

referral agency material see section 272 (1).

referral agency’s assessment period see section 283.

referral agency’s response means an advice agency’s response or a concurrence agency’s response.

regional plan see section 33.

regional planning committee means a regional planning committee established under section 41.

regional planning Minister, for a designated region, means the Minister administering chapter 2, part 2 or 4 for the region.

registered premises, for chapter 8A, see section 680A.

registered professional engineer means a registered professional engineer under the Professional Engineers Act 2002 or a person registered as a professional engineer under an Act of another State.

registrar, for chapter 8A, see section 680A.

registration certificate, for chapter 8A, see section 680A.

regulated infrastructure charge ...

regulated infrastructure charges notice ...

regulated infrastructure charges register ...

regulated infrastructure charges schedule ...

regulated State infrastructure charge ...

regulated State infrastructure charges notice ...

regulated State infrastructure charges schedule ...

related, for chapter 10, part 8, division 2, see section 949.

relevant appeal period see section 627.

relevant area, for a State planning regulatory provision, see section 20 (1).

relevant development application, for chapter 8A, see section 680B.

relevant instrument, for chapter 6, part 10, see section 397 (5).

relevant or reasonable requirements see section 627.

relevant proportion ...

repealed Iconic Places Act means the repealed Iconic Queensland Places Act 2008 .

repealed IPA means the repealed Integrated Planning Act 1997 .

repealed LGP&E Act means the repealed Local Government (Planning and Environment) Act 1990 .

representation period, for chapter 6, part 11, division 2, see section 423.

request for chapter 10, part 8, division 2, see section 949.

request for information ...

requesting authority see section 278 (1).

residential building, for schedule 1, item 5, means a building or part of a building used primarily for private residential use, other than a building or part of a building used only for a caretaker’s residence on land in an industrial area.

residential complex ...

residential dwelling, for chapter 9, part 7A, see section 755A.

residential dwelling development, for chapter 9, part 7A, see section 755A.

responsible entity, for making a permissible change to a development approval, means the responsible entity under section 369 for making the change.

road—

1 Road means—

(a)an area of land dedicated to public use as a road; or

(b)an area that is open to or used by the public and is developed for, or has as 1 of its main uses, the driving or riding of motor vehicles; or

(c)a bridge, culvert, ferry, ford, tunnel or viaduct; or

(d)a pedestrian or bicycle path; or

(e)a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d).

2 Road does not include—

(a)an area or thing that is busway land, busway transport infrastructure, light rail land or light rail transport infrastructure within the meaning of the Transport Infrastructure Act; and

(b)a public thoroughfare easement under either or both of the following provisions, if the easement is in favour of the State—

(i)the Land Act 1994 , chapter 6, part 4, division 8;

(ii)the Land Title Act 1994 , part 6, division 4.

road works see the Transport Infrastructure Act, schedule 6.

sandalwood means a plant of the species Santalum lanceolatum.

scheme guideline ...

scheme proposal ...

screening ERA means an environmentally relevant activity, prescribed under a regulation for this definition, relating to screening, washing, crushing, grinding, milling, sizing or separating material extracted from earth or dredged.

self-assessable development—

1Generally, self-assessable development means development prescribed under a regulation for section 232 (1) to be self-assessable development.

2The term also includes development declared under a State planning regulatory provision to be self-assessable development.

3For a planning scheme area, the term also includes other development not prescribed under a regulation to be self-assessable development, but declared to be self-assessable development under any of the following that applies to the area—

(a)the planning scheme for the area;

(b)a temporary local planning instrument;

(c)a preliminary approval to which section 242 applies.

SEQ design and construction code ...

SEQ infrastructure charges schedule ...

SEQ region, for chapter 10, part 2, division 11, see section 864.

SEQ regional plan, for chapter 10, part 2, division 11, see section 864.

SEQ regional plan structure plan, for chapter 10, part 2, division 11, see section 864.

SEQ Water Act means the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 .

serious environmental harm see the Environmental Protection Act, section 17.

show cause notice—

(a)generally—see section 588 (2); or

(b)for chapter 8A—see section 680Q (1).

show cause period, for chapter 8A, see section 680Q (2) (d).

specified works ...

SPRP (adopted charges) see section 629 (5).

stage of IDAS, means a stage of the IDAS process mentioned in section 257 (1).

standard amount ...

standard charge day ...

standard conditions see section 332 (1).

standard planning scheme provisions see section 50.

State-controlled road see the Transport Infrastructure Act, schedule 6.

State infrastructure means any of the following—

(a)State schools infrastructure;

(b)public transport infrastructure;

(c)State-controlled roads infrastructure;

(d)emergency services infrastructure;

(e)health infrastructure, including hospitals and associated institutions infrastructure;

(f)freight rail infrastructure;

(g)State urban and rural residential water cycle management infrastructure, including infrastructure for water supply, sewerage, collecting water, treating water, stream managing, disposing of water and flood mitigation;

(h)justice administration facilities, including court or police facilities.

State infrastructure agreement means an infrastructure agreement entered into by a public sector entity other than a local government.

State infrastructure provider see section 627.

State interest means—

(a)an interest that the Minister considers affects an economic or environmental interest of the State or a part of the State, including sustainable development; or

Example of an interest the Minister might consider for paragraph (a)—

a tourism development involving broad economic benefits for the State or a part of the State

(b)an interest that the Minister considers affects the interest of ensuring there is an efficient, effective and accountable planning and development assessment system.

statement of intent, for a State-controlled road, means a statement about the State-controlled road, including proposals for the provision of transport infrastructure included in the roads implementation program under the Transport Infrastructure Act, section 11.

State planning instrument means—

(a)a State planning regulatory provision; or

(b)a regional plan; or

(c)a State planning policy; or

(d)the standard planning scheme provisions.

State planning policy see section 22.

State planning regulatory provision see section 16.

State planning regulatory provision (adopted charges) ...

State-related condition see section 666 (1).

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

structure plan ...

structure plan guideline ...

subject premises see section 645 (1).

submission, for chapter 8, see section 627.

submitter, for a development application, means a person who makes a properly made submission about the application.

submitter’s appeal period see section 462 (4).

superseded planning scheme, for a planning scheme area, means the planning scheme, or any related planning scheme policies, in force immediately before—

(a)the planning scheme or policies, under which a development application is made, took effect; or

(b)the amendment, creating the superseded planning scheme, took effect.

technical report, for chapter 8A, see section 680G (2) (h).

temporary local planning instrument see section 101.

temporary State planning policy see section 28 (1) and (2).

terms of reference, for an EIS, means the terms of reference prepared by the chief executive under section 692.

tidal area—

1 Tidal area, for a local government, means—

(a)to the extent both banks of a tidal river or estuarine delta are in the local government’s area, the part of the river or delta below high-water mark that is—

(i)from the mouth of the river or delta as far up the river or delta as the spring tides ordinarily flow and reflow; and

(ii)adjacent to the local government’s area; and

(b)to the extent 1 bank of a tidal river or estuarine delta is in the local government’s area, the part of the river or delta between high-water mark and the middle of the river or delta that is—

(i)from the mouth of the river or delta as far up the river or delta as the spring tides ordinarily flow and reflow; and

(ii)adjacent to the local government’s area; and

(c)if the boundary of the local government’s area is the high-water mark or is seaward of the high-water mark—the area that is seaward and within 50m of the high-water mark.

2 Tidal area, for a local government, does not include a tidal area for strategic port land.

3 Tidal area, for strategic port land, means—

(a)to the extent both banks of a tidal river or estuarine delta are part of the strategic port land, the part of the river or delta below high-water mark that is—

(i)from the mouth of the river or delta as far up the river or delta as the spring tides ordinarily flow and reflow; and

(ii)adjacent to the strategic port land; and

(b)to the extent 1 bank of a tidal river or estuarine delta is part of the strategic port land, the part of the river or delta between high-water mark and the middle of the river or delta that is—

(i)from the mouth of the river or delta as far up the river or delta as the spring tides ordinarily flow and reflow; and

(ii)adjacent to the strategic port land; and

(c)if the boundary of the strategic port land is the high-water mark or is seaward of the high-water mark—the area that is seaward and within 50m of the high-water mark.

tidal works see the Coastal Protection and Management Act 1995 , schedule.

TLPI guideline ...

transitional regulation, for part 11, see section 990 (1).

Transport Infrastructure Act means the Transport Infrastructure Act 1994 .

trunk infrastructure see section 627.

unamended Act, for part 11, see section 975.

use, in relation to premises, includes any use incidental to and necessarily associated with the use of the premises.

Vegetation Management Act means the Vegetation Management Act 1999 .

vehicle, for schedule 1, item 5, includes any type of transport that moves on wheels but does not include a train or tram.

water approval see the SEQ Water Act, schedule.

water infrastructure see the SEQ Water Act, schedule.

water infrastructure facility means a measure, outcome, works or anything else that Queensland Water Infrastructure Pty Ltd ACN 119 634 427 is directed to carry out or achieve under—

(a)the State Development and Public Works Organisation Act 1971 ; or

(b)the Water Act 2000 .

water service or wastewater service, in relation to a distributor-retailer, means a water service or a wastewater service under the SEQ Water Act.

waterway barrier works see the Fisheries Act, schedule.

wild river area ...

wild river declaration ...

wild river floodplain management area ...

wild river high preservation area ...

wild river preservation area ...

wild river special floodplain management area ...