Sustainable Planning Amendment Regulation (No. 1) 2013 (Qld)

Queensland Sustainable Planning Amendment Regulation (No. 1) 2013 Subordinate Legislation 2013 No. 28 made under the SustainablePlanningAct2009 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Omission of s 14 (State resources—Act, s 264) . . . . . . . . . . . . . 3 5 Omission of s 17 (Development for which particular applications require public notification—Act, s 298) . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of sch 3 (Assessable development, self-assessable development and type of assessment). . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of sch 4 (Development that can not be declared to be development of a particular type—Act, section 232(2)). . . . . . 6 8 Amendment of sch 5 (Applicable codes, laws and policies for particular development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Amendment of sch 6 (Assessment manager for development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Amendment of sch 7 (Referral agencies and their jurisdictions) . 7 11 Replacement of schs 9–13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Schedule 9 Development impacting on State transport infrastructure and thresholds 12 Omission of sch 14 (State resources) . . . . . . . . . . . . . . . . . . . . . 21 13 Omission of schs 16 and 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 14 Amendment of sch 18 (Compliance assessment of particular development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Sustainable Planning Amendment Regulation (No. 1) 2013 Contents 15 Amendment of sch 24 (Clearing of native vegetation—not assessable development under schedule 3, part 1, table 4, item 1) ........................................ 16 Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 22 22 Page 2 2013 SL No. 28

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 1] 1 Short title This regulation may be cited as the Sustainable Planning Amendment Regulation (No. 1) 2013 . 2 Commencement The following provisions commence on 25 March 2013— (a) section 10(1) to (5), (10) to (12), (14), (17) and (18); (b) sections 11, 14 and 15; (c) section 16(1) to the extent it omits definitions land relating to a State-controlled road and State-controlled road ; (d) section 16(2) other than to the extent it inserts definitions excluded work, potentially affected premises and potentially sensitive material change of use of premises ; (e) section 16(3) to (5), (7) and (8). 3 Regulation amended This regulation amends the Sustainable Planning Regulation 2009. 4 Omission of s 14 (State resources—Act, s 264) Section 14— omit. 5 Omission of s 17 (Development for which particular applications require public notification—Act, s 298) Section 17— omit . 2013 SL No. 28 Page 3

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 6] 6 Amendment of sch 3 (Assessable development, self-assessable development and type of assessment) (1) Schedule 3, part 1, table 2, item 4, column 3, ‘Code assessment’— omit, insert— Code assessment, unless the land use plan requires impact assessment Impact assessment, if the land use plan requires impact assessment (2) Schedule 3, part 1, table 2, items 6 to 9— omit, insert— 6 Making a material change of use of a potentially Code assessment, if affected premises unless— the administering (a) all of the following apply— authority is the assessment manager (i) a suitability statement has been given for the premises; (ii) a site management plan has been approved in relation to the proposed use; (iii) the material change of use only involves— (A) the fit-out of a building; or (B) minor site excavation, including, for example, post holes for open-sided non-habitable structures; or (b) the proposed use is industrial and only involves minor site excavation, including, for example, post holes for open-sided non-habitable structures Page 4 2013 SL No. 28

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 6] 7 Making a potentially sensitive material change of Code assessment, if use of premises if all or part of the premises is— the administering (a) ulassetdufsoerd, oforri,fatnheinreduisstnroialexaicsttiivnigtyu(soet, hweras aausstehsosrmityenist mthaenager than a mining activity or a chapter 5A activity); or (b) in an area for which an area management advice has been given for natural mineralisation or industrial activity (other than for a mining activity or a chapter 5A activity) (3) Schedule 3, part 1, table 4, item 5, heading, ‘works’— omit, insert— works, (4) Schedule 3, part 1, table 4, item 5, column 2, after ‘excluded work’— insert— , work that is self-assessable development under part 2, table 4, item 8 (5) Schedule 3, part 1, table 4, item 5, column 2, paragraph (b)(iii) to (v)— omit, insert— (iii) constructing an artificial waterway; (6) Schedule 3, part 1, table 4, item 5, column 2, paragraph (b)(vi)— renumber as paragraph (b)(iv). (7) Schedule 3, part 1, table 5, item 7, column 3, ‘Code assessment’— omit, insert— Code assessment, unless the land use plan requires impact assessment Impact assessment, if the land use plan requires impact assessment 2013 SL No. 28 Page 5

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 7] (8) Schedule 3, part 2, table 4— insert— For tidal works, or works within a coastal management district 8 Operational work mentioned in part 1, table 4, item 5(a) or (b)(i) if— (a) the work is undertaken by a local government or the Gold Coast Waterways Authority under the Gold Coast Waterways Authority Act2012 , or undertaken by or on behalf of the department administering the Transport Infrastructure Act or the Transport Planning and CoordinationAct 1994 ; and (b) the work is mentioned in a code for the self-assessable operational work declared under the Coastal Protection and Management Regulation 2003 to be a code for IDAS 7 Amendment of sch 4 (Development that can not be declared to be development of a particular type—Act, section 232(2)) (1) Schedule 4, table 5, item 8, column 2, paragraphs (b) to (d)— renumber as paragraphs (c) to (e). (2) Schedule 4, table 5, item 8, column 2— insert— (b) other rail infrastructure; or 8 Amendment of sch 5 (Applicable codes, laws and policies for particular development) (1) Schedule 5, part 1, table 2, item 5, column 1, after ‘code’— insert— or impact (2) Schedule 5, part 1, table 2, item 7, column 1, ‘items 6 to 9’— omit, insert— item 6 or 7. (3) Schedule 5, part 1, table 5, item 2, column 1, after ‘code’— insert— Page 6 2013 SL No. 28

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 9] or impact (4) Schedule 5, part 2, table 4— insert— For tidal works, or works within a coastal management district 8 Operational work made self-assessable The code for the self-assessable under schedule 3, part 2, table 4, item 8 operational work declared under the Coastal Protection and Management Regulation 2003 to be a code for IDAS 9 Amendment of sch 6 (Assessment manager for development applications) (1) Schedule 6, table 1, item 1, column 1, paragraph (e), ‘item 5(b)(iv)’— omit, insert— item 5(b)(iii) and the work is associated with reconfiguring a lot (2) Schedule 6, table 3, item 9, column 1, paragraph (a), ‘item 6, 7, 8 or 9’— omit, insert— item 6 or 7 (3) Schedule 6, table 4— insert— 12 If tables 1, 2 and 3 do not apply and the application is The chief executive for— administering the (a) operational work for clearing native vegetation; and EPrnovtiercotniomneAntcatl (b) an environmentally relevant activity; and (c) no other assessable development 10 Amendment of sch 7 (Referral agencies and their jurisdictions) (1) Schedule 7, table 1, item 8 and heading— 2013 SL No. 28 Page 7

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 10] omit, insert — State-controlled road 8 Building work if— The chief executive The purposes of the (a) any part of the land is— administering the Transport Transport Infrastructure Act (i) within 25m of a Infrastructure State-controlled road; or Act—as a (ii) future State-controlled concurrence agency road; and (b) the building work is not associated with— (i) a material change of use mentioned in table 3, item (1)(b); or (ii) reconfiguring a lot mentioned in table 2, item 2; or (iii) government supported transport infrastructure; and (c) the building work is for a non-residential purpose; and (d) the building work involves the redirection or intensification of site stormwater from the land, through a pipe with a cross-sectional area greater than 625cm 2 , to a State-controlled road or future State-controlled road Page 8 2013 SL No. 28

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 10] (2) Schedule 7, table 1, items 14 and 15 and the heading to items 14 and 15— omit, insert — Public passenger transport 14 Building work on future public The chief executive The object mentioned passenger transport corridor, if the administering the in the Transport building work is not associated Transport Planning Planning and with— and Coordination Coordination Act (a) irnectoanbfleig2u, riintegma 3lo3tomr e3n3tAio;noerd c A o c n t c 1 u 9 r 9 re 4 n — ceasaagency 1994 , section 8A (b) a material change of use mentioned in table 3, item 14 or 14A; or (c) government supported transport infrastructure Airports 15 Building work that is within the The chief executive The object mentioned obstacle limitation surface of an administering the in the Transport airport and at least 12m high, if the Transport Planning Planning and building work is not associated with and Coordination Coordination Act a material change of use mentioned Act 1994— as a 1994 , section 8A in table 3, item 15 concurrence agency (3) Schedule 7, table 1, item 16, column 1— omit, insert — 16 Building work on future railway land, if the building work is not associated with— (a) reconfiguring a lot mentioned in table 2, item 34; or (b) a material change of use mentioned in table 3, item 15A; or (c) government infrastructure supported transport (4) Schedule 7, table 2, items 2 and 3 and the headings to items 2 and 3— 2013 SL No. 28 Page 9

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 10] omit, insert — State-controlled road 2 Reconfiguring a lot if— The chief executive The purposes of the (a) any part of the land— administering the Transport Transport Infrastructure Act (i) is within 25m of a Infrastructure State-controlled road; or Act—as a (ii) is future State-controlled concurrence agency road; or (iii) abuts a road that intersects with a State-controlled road that is within 100m of the land; and (b) 1 or more of the following apply— (i) the total number of lots is increased; (ii) the total number of lots abutting the State-controlled road is increased; (iii) there is a new or changed access between the land and the State-controlled road 3 Operational work, other than work The chief executive The purposes of the associated with a material change administering the Transport of use mentioned in table 3, item Transport Infrastructure Act 1(b), operational work associated Infrastructure with reconfiguring a lot mentioned Act—as a in item 2 of this table, or work for concurrence agency government supported transport infrastructure, if— (a) any part of the land— (i) is within 25m of a State-controlled road; or (ii) is future State-controlled road; and Page 10 2013 SL No. 28

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 10] (b) the work— (i) is associated with access to the State-controlled road or future State-controlled road; or (ii) is for filling or excavation; or (iii) involves the redirection or intensification of site stormwater from the land, through a pipe with a cross-sectional area greater than 625cm 2 , to a State-controlled road or future State-controlled road (5) Schedule 7, table 2, item 7 and heading— omit, insert— Airports 7 A material change of use of premises The Minister under on airport land made assessable under the Transport schedule 3, part 1, table 2, item 4 Infrastructure Act—as a concurrence agency 7A Reconfiguring a lot if any part of the land is within— (a) the 25 ANEF contour for an airport and an accommodation activity is proposed; or (b) the public safety area of an airport The chief executive administering the Transport Planningand CoordinationAct 1994— as a concurrence agency The purposes of the TransportInfrastructure Act The object mentioned in the Transport Planningand CoordinationAct 1994 , section 8A (6) Schedule 7, table 2, item 13, column 1— omit, insert— 13 Operational work made assessable under schedule 3, part 1, table 4, item 5, other than— (a) prescribed tidal work in a canal; or (b) work that is for the installation, maintenance or repair of overhead cables or lines that extend over tidal water; or 2013 SL No. 28 Page 11

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 10] (c) work that is for the construction, installation, maintenance or repair of pipelines, cables or lines under tidal water (7) Schedule 7, table 2, item 18, column 1, paragraph (b), ‘ Transport Operations (Marine Pollution) Regulation 2008 ’— omit, insert— Transport Operations (Marine Pollution) Act 1995 (8) Schedule 7, table 2, item 22, column 1, paragraph (a)— omit, insert— (a) potentially affected premises; or (9) Schedule 7, table 2, item 23, column 1, ‘items 6 to 9’— omit, insert— item 6 or 7 (10) Schedule 7, table 2, item 33— omit, insert — 33 Reconfiguring a lot if any part of the land is— (a) within 25m of a public passenger transport corridor and 1 or both of the following apply— (i) the total number of lots is increased; (ii) an easement abutting the corridor is created; or (b) future public passenger transport corridor ‘33A Reconfiguring a lot if— (a) any part of the land is within 400m of a public passenger transport facility or a future public passenger transport facility; and (b) the total site is equal to or more than 5000m 2 The chief executive administering the Transport Planningand CoordinationAct 1994 —as a concurrence agency The chief executive administering the Transport Planningand CoordinationAct 1994 —as a concurrence agency The object mentioned in the Transport Planningand CoordinationAct 1994 , section 8A The object mentioned in the Transport Planningand CoordinationAct 1994 , section 8A (11) Schedule 7, table 2, item 34— Page 12 2013 SL No. 28

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 10] omit, insert — 34 Reconfiguring a lot if any part of the The chief executive The purpose land is— administering the mentioned in the (a) within 25m of a railway or future railway land and 1 or both of the following apply— TransportInfrastructureAct—as a concurrence agency TransportInfrastructure Act, section 258(2) (i) the total number of lots is increased; (ii) an easement abutting the railway or future railway land is created; or (b) future railway land (12) Schedule 7, table 2, after item 34— insert — State-controlled transport tunnels 34A Reconfiguring a lot if any part of the land is, or is within 50m of— (a) a State-controlled transport tunnel; or (b) a future State-controlled transport tunnel The chief executive administering the TransportInfrastructure Act and the TransportPlanning andCoordination Act1994 —as a concurrence agency The purposes of the TransportInfrastructure Act, the purpose mentioned in the TransportInfrastructure Act, section 258(2) and the object mentioned in the TransportPlanning andCoordination Act1994 , section 8A (13) Schedule 7, table 2, items 40, 40A and 40B— omit . (14) Schedule 7, table 3, items 1 and 2 and the headings to items 1 and 2— 2013 SL No. 28 Page 13

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 10] omit, insert — State-controlled road 1 Making a material change of use of The chief executive The purposes of the premises if any part of the land— administering the Transport (a) is within 25m of a State-controlled road; or TransportInfrastructureAct—as a Infrastructure Act (b) is future State-controlled road; concurrence agency or (c) abuts a road that intersects with a State-controlled road within 100m of the land 1A Operational work, other than work The chief executive The purposes of the associated with a material change administering the Transport of use mentioned in item 1 of this TransportInfrastructure Act table, operational work associated Infrastructure with reconfiguring a lot mentioned Act—as a in table 2, item 2, or work for concurrence agency government supported transport infrastructure, if— (a) any part of the land— (i) is within 25m of a State-controlled road; or (ii) is future State-controlled road; and (b) the work— (i) is associated with access to the State-controlled road or future State-controlled road; or (ii) is for filling or excavation; or (iii) involves the redirection or intensification of site stormwater from the land, through a pipe with a cross-sectional area greater than 625cm 2 , to a State-controlled road or future State-controlled road Page 14 2013 SL No. 28

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 10] Development impacting on State transport infrastructure 2 An aspect of development The chief executive The purposes of the identified in schedule 9 that— administering the Transport (a) is for a purpose mentioned in schedule 9, column 1; and TransportInfrastructure Act and the TransportInfrastructure Act, the purpose mentioned in the (b) meets or exceeds the Planning and Transport threshold— Coordination Act Infrastructure Act, (i) for development in LGA population 1—mentioned in schedule 9, column 2 for the purpose; or 1994 —as a concurrence agency section 258(2) and the object mentioned in the Transport Planning and Coordination Act (ii) for development in LGA 1994 , section 8A population 2—mentioned in schedule 9, column 3 for the purpose. However, if the development is for a combination of purposes mentioned in the same item of schedule 9, the threshold is for the combination of purposes and not for each purpose individually. (15) Schedule 7, table 3, item 5, column 1, paragraph (a), after ‘work’— insert— , other than excluded work, (16) Schedule 7, table 3, items 13, 13A and 13B— omit . (17) Schedule 7, table 3, item 14— 2013 SL No. 28 Page 15

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 10] omit, insert— 14 Development— (a) that is either— (i) a material change of use of premises; or (ii) operational work not associated with— (A) a material change of use of premises; or (B) reconfiguring a lot as mentioned in table 2, item 33 or 33A; or (C) government supported transport infrastructure; and (b) if any part of the land is— (i) within 25m of a public passenger transport corridor; or (ii) future public passenger transport corridor 14A A material change of use of premises if— (a) any part of the land is within 400m of an existing or future public passenger transport facility; and (b) the total site is equal to or more than 5000m 2 The chief executive administering the Transport Planningand CoordinationAct 1994— as a concurrence agency The chief executive administering the Transport Planningand CoordinationAct 1994— as a concurrence agency The object mentioned in the Transport Planningand CoordinationAct 1994 , section 8A The object mentioned in the Transport Planningand CoordinationAct 1994 , section 8A Page 16 2013 SL No. 28

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 10] (18) Schedule 7, table 3, item 15 and heading— omit, insert — Airports 15 A material change of use of The chief executive The object mentioned premises if— administering the in the Transport (a) work associated with the material change of use is, or will be— Transport Planning Planning and and Coordination Coordination Act Act 1994— as a 1994 , section 8A concurrence agency (i) carried out within the obstacle limitation surface of an airport; and (ii) at least 12m high; or (b) any part of the land is— (i) within an airport’s public safety area; or (ii) within the 25 ANEF contour for an airport and the development proposed is an accommodation activity (other than a single house on a vacant residential lot, short-term accommodation or hostel), a residential care facility, hospital, health care service, educational establishment or child care centre; or (iii) within the 30 ANEF contour for an airport and the development proposed is an accommodation activity, a residential care facility, hospital, health care service, educational establishment, child care centre or community use Railways 15A A material change of use of premises if any part of the land is— (a) within 25m of a railway or future railway land; or (b) future railway land The chief executive administering the TransportInfrastructureAct—as a concurrence agency The purpose mentioned in the TransportInfrastructure Act, section 258(2) 2013 SL No. 28 Page 17

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 11] 15B Operational work involving extracting, excavating or filling more than 50m 3 , other than work associated with a material change of use mentioned in item 15A(a) of this table, reconfiguring a lot mentioned in table 2, item 34, or government supported transport infrastructure, if the land is— The chief executive administering the TransportInfrastructureAct—as a concurrence agency The purpose mentioned in the TransportInfrastructure Act, section 258(2) (a) within 25m of a railway or future railway land; or (b) future railway land State-controlled transport tunnels 15C A material change of use of premises, or operational work other than work associated with a material change of use of premises or reconfiguring a lot as mentioned in table 2, item 34A, if the land is— (a) a State-controlled transport tunnel; or (b) a future State-controlled transport tunnel; or (c) within 50m of a State-controlled transport tunnel or future State- controlled transport tunnel The chief executive administering the TransportInfrastructure Act and the TransportPlanning andCoordination Act1994 —as a concurrence agency The purposes of the TransportInfrastructure Act, the purpose mentioned in the TransportInfrastructure Act, section 258(2) and the object mentioned in the TransportPlanning andCoordination Act1994 , section 8A (19) Schedule 7, table 3, item 30— omit . 11 Replacement of schs 9–13 Schedules 9 to 13— omit, insert— Page 18 2013 SL No. 28

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 11] Schedule 9 Development impacting on State transport infrastructure and thresholds schedule 7, table 3, item 2 Column 1 Purpose Column 2 Threshold for LGA population 1 Column 3 Threshold for LGA population 2 Material change of use made assessable under a planning scheme, temporary local planning instrument or preliminary approval to which section 242 of the Act applies 1 Accommodation activities, other 200 dwellings or 50 dwellings or than a hotel or residential care premises designed to premises designed to facility accommodate 300 accommodate 75 people people 2 Club 3 Hotel 4 Function facility 8000m 2 GFA or seating capacity for 1500 people 4000m 2 GFA or seating capacity for 1500 people 5 Theatre 6 Shop 8000m 2 GFA 4000m 2 GFA 7 Showroom 8 Shopping centre (including theatres, food and drink outlets and offices) 9 Food and drink outlet 600m 2 GFA 600m 2 GFA 10 Office 5000m 2 TSA 5000m 2 TSA 11 Health care services 1200m 2 GFA 1200m 2 GFA 12 Hospital 100 beds 50 beds 13 Residential care facility 14 Mixed use—any combination of 16000m 2 GFA accommodation activities, (combined total) business activities, entertainment activities or recreation activities 8000m 2 GFA (combined total) 2013 SL No. 28 Page 19

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 11] Column 1 Purpose 15 Educational establishment that is 1, or a combination, of the following— (a) a primary school; (b) a secondary school; (c) a college; (d) a university; (e) a technical institute 16 Tourist attraction 17 Major sport, recreation and entertainment facility 18 Extractive industry 19 High impact industry 20 Noxious and hazardous industries (other than an abattoir) 21 Intensive animal industries 22 Noxious and hazardous industry that is an abattoir 23 One, or a combination, of the following— (a) warehouse; (b) medium impact industry; (c) low impact industry 24 Car park (including heavy vehicle parking) 25 Airport, bus or ferry terminal 26 Marina Column 2 Threshold for LGA population 1 All new establishments and extensions to existing establishments likely to accommodate an additional 100 students or 4 classrooms 5000m 2 TSA or if totally indoor 8000m 2 GFA Using machinery having an annual throughput of product of 10000t Total facility capacity of— (a) for cattle—2000 head; or (b) for pigs—3000 head; or (c) for sheep— 10000 head; or (d) for poultry— 200000 birds 16000m 2 GFA (combined total) 5000m 2 TSA All 600 berths Column 3 Threshold for LGA population 2 All new establishments and extensions to existing establishments likely to accommodate an additional 100 students or 4 classrooms 5000m 2 TSA or if totally indoor 4000m 2 GFA Using machinery having an annual throughput of product of 10000t Total facility capacity of— (a) for cattle—2000 head; or (b) for pigs—3000 head; or (c) for sheep— 10000 head; or (d) for poultry— 200000 birds 8000m 2 GFA (combined total) 5000m 2 TSA All 600 berths Page 20 2013 SL No. 28

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 12] Column 1 Purpose Column 2 Threshold for LGA population 1 Reconfiguring a lot 27 Accommodation activities 200 dwellings 28 Business activities 12000m 2 TSA (combined total) 29 Industry activities 32000m 2 TSA (combined total) Operational works 30 Filling or excavation not 10000t associated with a material change of use or reconfiguring a lot Column 3 Threshold for LGA population 2 50 dwellings 3000m 2 TSA (combined total) 16000m 2 TSA (combined total) 10000t 12 Omission of sch 14 (State resources) Schedule 14— omit . 13 Omission of schs 16 and 17 Schedules 16 and 17— omit . 14 Amendment of sch 18 (Compliance assessment of particular development) Schedule 18, table 1, item 1, column 2, paragraph (e)— omit, insert — (e) the reconfiguration is on any of the following land and the total number of lots abutting the State-controlled road is increased— (i) land that is within 25m of a State-controlled road; 2013 SL No. 28 Page 21

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 15] (ii) land that abuts a road that intersects with a State-controlled road within 100m of the land; or 15 Amendment of sch 24 (Clearing of native vegetation—not assessable development under schedule 3, part 1, table 4, item 1) (1) Schedule 24, part 1, section 1(11)— omit, insert— (11) For a State-controlled road or future State-controlled road— (a) road works carried out on the State-controlled road or future State-controlled road; or (b) ancillary works and encroachments carried out under the TransportInfrastructureAct, section 50. (2) Schedule 24, part 1, section 1(12), ‘existing rail corridor land, new rail corridor land’— omit, insert— rail corridor land 16 Amendment of sch 26 (Dictionary) (1) Schedule 26, definitions excluded work , land relating to a State-controlled road , State-controlled road and wetland management area — omit . (2) Schedule 26— insert— accommodation activities means the group of uses identified as accommodation activities under the standard planning scheme provisions. Page 22 2013 SL No. 28

2013 SL No. 28 Sustainable Planning Amendment Regulation (No. 1) 2013 [s 16] ANEF contour , for an airport, means a contour marked with a number and shown on a document known as the airport’s ANEF chart that has been prepared by the airport’s operator and endorsed by Airservices Australia. Example — The 25 ANEF contour means the contour marked with the number 25 and shown on an airport’s ANEF chart. business activities means the group of uses identified as business activities under the standard planning scheme provisions. car park means a car park as defined under the standard planning scheme provisions. club means a club as defined under the standard planning scheme provisions. educational establishment means an educational establishment as defined under the standard planning scheme provisions. entertainment activities means the group of uses identified as entertainment activities under the standard planning scheme provisions. excluded work — 1 Excluded work , for schedule 3, part 1, table 4, item 5, means maintenance work on a lawful work. 2 Excluded work , for schedule 3, part 1, table 4, item 5(a) also means carrying out alterations to existing lawful boat ramps, bridges, pontoons, slipways, wharves and jetties (the existing structures ) other than alterations— (a) creating roofed structures, including sheds and gazebos; or (b) that change the footprint of the existing structures; or Page 23

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 16] Page 24 (c) to the dimensions or structural capacity of the existing structures; or (d) that may affect safe navigable access to or from tidal water or to or from properties adjoining tidal water, including alterations to clearance heights or lighting. 3 Excluded work , for schedule 3, part 1, table 4, item 5(b)(i) and (iv) also means— (a) minor work that— (i) has an insignificant impact on coastal management; and (ii) is reversible or expendable; or (b) work for which an exemption certificate under the Coastal Protectionand Management Act has been issued. 4 Excluded work , for schedule 7, table 3, item 5 also means work for which an exemption certificate under the Coastal Protection andManagement Act has been issued. 5 Excluded work does not include work to which section 584 of the Act applies. extractive industry means an extractive industry as defined under the standard planning scheme provisions. food and drink outlet means a food and drink outlet as defined under the standard planning scheme provisions. function facility means a function facility as defined under the standard planning scheme provisions. future State-controlled transport tunnel means a tunnel that forms part of— (a) future State-controlled road; or 2013 SL No. 28

2013 SL No. 28 Sustainable Planning Amendment Regulation (No. 1) 2013 [s 16] (b) future railway land; or (c) a future public passenger transport corridor. health care services means health care services as defined under the standard planning scheme provisions. high impact industry means high impact industry as defined under the standard planning scheme provisions. hospital means a hospital as defined under the standard planning scheme provisions. hotel means a hotel as defined under the standard planning scheme provisions. industry activities means the group of uses identified as industry activities under the standard planning scheme provisions. intensive animal industries means intensive animal industries as defined under the standard planning scheme provisions. low impact industry means low impact industry as defined under the standard planning scheme provisions. major sport, recreation and entertainment facility means a major sport, recreation and entertainment facility as defined under the standard planning scheme provisions. medium impact industry means medium impact industry as defined under the standard planning scheme provisions. noxious and hazardous industries means noxious and hazardous industries as defined under the standard planning scheme provisions. obstacle limitation surface means an obstacle limitation surface established under the Civil Aviation Safety Regulations 1998 (Cwlth). Page 25

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 16] office means an office as defined under the standard planning scheme provisions. potentially affected premises — 1 Potentially affected premises means premises— (a) all or part of which is on the environmental management register or the contaminated land register; or (b) used for, or if there is no existing use, last used for, a notifiable activity or an industrial activity (other than a mining activity or a chapter 5A activity). 2 However, potentially affected premises does not include— (a) premises used or previously used for a notifiable activity if all of the following apply— (i) the land on which the premises is located has been removed from the environmental management register; (ii) a suitability statement has been given for the intended use; (iii) no new notifiable activity has occurred on the premises since the suitability statement was given; (iv) the land is not otherwise contaminated by a hazardous contaminant; or (b) premises on the environmental management register or contaminated land register if there is a notifiable activity on the premises that is continuing; or Page 26 2013 SL No. 28

2013 SL No. 28 Sustainable Planning Amendment Regulation (No. 1) 2013 [s 16] (c) premises in a priority development area. potentially sensitive material change of use of premises , for schedule 3, part 1, table 2, item 7, means a material change of use of premises for any of the following, unless the premises is in a priority development area— (a) child care; (b) education and care service premises; (c) educational, recreational or residential (including caretakers’ accommodation on industrial land) purposes. railway means land on which railway transport infrastructure or other rail infrastructure is situated. recreation activities means the group of uses identified as recreation activities under the standard planning scheme provisions. residential care facility means a residential care facility as defined under the standard planning scheme provisions. shop means a shop as defined under the standard planning scheme provisions. shopping centre means a shopping centre as defined under the standard planning scheme provisions. showroom means a showroom as defined under the standard planning scheme provisions. State-controlled road means— (a) a State-controlled road within the meaning of the Transport Infrastructure Act, schedule 6; or (b) State toll road corridor land. State-controlled transport tunnel means— Page 27

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 16] (a) a tunnel that forms part of a— (i) State-controlled road; or (ii) railway; or (iii) public passenger transport corridor; or (b) a railway tunnel easement. theatre means a theatre as defined under the standard planning scheme provisions. tourist attraction means a tourist attraction as defined under the standard planning scheme provisions. warehouse means a warehouse as defined under the standard planning scheme provisions. (3) Schedule 26, definition future public passenger transport facility , paragraphs (b) and (c)— omit, insert— (b) a future railway passenger station; (c) a future light rail station; (d) a future passenger transport interchange facility. (4) Schedule 26, definition future public transport corridor , after ‘public’ — insert— passenger (5) Schedule 26, definition future State-controlled road , from ‘has’ to ‘road’— omit, insert— has, by written notice given to a local government and published in the gazette, indicated is intended to become a State-controlled road under that Act, section 42 (6) Schedule 26, definition high impact earthworks , item 2, paragraph (d), after ‘excavating’, second mention— Page 28 2013 SL No. 28

Sustainable Planning Amendment Regulation (No. 1) 2013 [s 16] insert— or filling. (7) Schedule 26, definition public passenger transport facility , paragraphs (b) and (c)— omit, insert— (b) a railway passenger station; (c) a light rail station; (d) a passenger transport interchange facility identified in a guideline made under the TransportPlanningandCoordinationAct1994 , section 8E. (8) Schedule 26, definition public transport corridor , after ‘ public ’— insert— passenger ENDNOTES 1 Made by the Governor in Council on 14 March 2013. 2 Notified in the gazette on 15 March 2013. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of State Development, Infrastructure and Planning. © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 SL No. 28 Page 29