Sustainable Planning Amendment Regulation (No. 2) 2015 (Qld)

Queensland Sustainable Planning Amendment Regulation (No. 2) 2015 Subordinate Legislation 2015 No. 44 made under the SustainablePlanningAct2009 Contents Part 1 1 2 3 Part 2 4 5 Part 3 6 7 8 9 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendments commencing on 1 July 2015 Replacement of sch 20 (Court fees). . . . . . . . . . . . . . . . . . . . . . . 3 Schedule 20 Court fees Replacement of sch 21 (Building and development committee fees) 5 Schedule 21 Building and development committee fees Amendments commencing on 6 July 2015 Amendment of s 21B (Assessment manager application fee components for particular applications for vegetation clearing) . . . . . . . . . . . . 7 Amendment of s 21C (Assessment manager application fee components for particular applications for waterway barrier works) . . . . . . . . . 7 Amendment of s 21D (Assessment manager application fee for particular applications for fast-track development). . . . . . . . . . . . . . . . . . . . 8 Amendment of s 21E (Assessment manager application fee for applications by registered non-profit organisations) . . . . . . . . . . . 8 Amendment of s 21I (Concurrence agency application fee components for particular applications for clearing vegetation) . . . . . . . . . . . . 8 Amendment of s 21J (Concurrence agency application fee components for particular applications for waterway barrier works) . . . . . . . . . 8

Sustainable Planning Amendment Regulation (No. 2) 2015 Contents 12 13 14 15 16 17 18 19 20 Part 4 21 22 Amendment of s 21K (Concurrence agency application fee for particular applications for fast-track development). . . . . . . . . . . . . . . . . . . . 9 Amendment of s 21L (Concurrence agency application fee for applications by registered non-profit organisations) . . . . . . . . . . . 9 Amendment of s 21M (Fee for request to change development approvals—Act, s 370) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Amendment of s 21N (Fee for extension request notice for development approvals—Act, s 383) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of sch 5 (Applicable codes, laws, policies and prescribed matters for particular development) . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of sch 7 (Referral agencies and their jurisdictions) . 10 Replacement of sch 7A (Particular assessment manager and concurrence agency application fees) . . . . . . . . . . . . . . . . . . . . . 11 Schedule 7A Particular assessment manager and concurrence agency application fees Part 1 Assessment manager application fees Part 2 Concurrence agency application fees Amendment of sch 9 (Development impacting on State transport infrastructure and thresholds). . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 44 Amendments commencing on 1 September 2015 Insertion of new pt 9, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Division 4 Transitional provision for Sustainable Planning Amendment Regulation (No. 2) 2015 46 Particular clearing of vegetation not assessable development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Amendment of sch 24 (Clearing of native vegetation—not assessable development under schedule 3, part 1, table 4, item 1) . . . . . . . . 46 Page 2 2015 SL No. 44

Part 1 Sustainable Planning Amendment Regulation (No. 2) 2015 Part 1 Preliminary [s 1] Preliminary 1 Short title This regulation may be cited as the Sustainable Planning Amendment Regulation (No. 2) 2015 . 2 Commencement (1) Part 2 commences on 1 July 2015. (2) Part 3 commences on 6 July 2015. (3) Part 4 commences on 1 September 2015. 3 Regulation amended This regulation amends the Sustainable Planning Regulation 2009 . Part 2 Amendments commencing on 1 July 2015 4 Replacement of sch 20 (Court fees) Schedule 20— omit, insert— Schedule 20 Court fees section 22 1 Filing notice of appeal— $ 2015 SL No. 44 Page 3

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 2 Amendments commencing on 1 July 2015 [s 4] $ (a) if there is only 1 party initiating the appeal and the party is an individual, or if there is more than 1 party initiating the appeal and they are all individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 570.30 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1129.00 2 Filing an originating application— Planning and Environment Court Rules 2010 , rule 6— (a) if there is only 1 applicant and the applicant is an individual, or if there is more than 1 applicant and all applicants are individuals . . . . . . . . . . . . . . . . . 570.30 (b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1129.00 3 Issuing a certificate on a final judgment, order, finding or decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60.20 4 Filing a document (the first document ), other than any subsequent document relating to the first document, for which no other fee is provided. . . . . . . . . . . . . . . . . . . . 86.60 5 Issuing a copy of a record of the court, a document or exhibit filed in the registry or reasons for judgment— (a) first copy—each page . . . . . . . . . . . . . . . . . . . . . . 2.35 (b) maximum fee for first copy . . . . . . . . . . . . . . . . . . 64.25 (c) additional copy—each page . . . . . . . . . . . . . . . . . 0.55 (d) maximum fee for additional copy . . . . . . . . . . . . . 25.30 6 Opening or keeping open the registry after hours . . . . . 469.30 7 Searching the record in an appeal or other proceeding—for each name or file. . . . . . . . . . . . . . . . . 22.40 8 Attending a view— (a) for each hour or part of an hour. . . . . . . . . . . . . . . 99.75 (b) but not more than, for each day . . . . . . . . . . . . . . . 499.20 9 Making an appointment for assessment of a costs statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99.75 10 Assessing a costs statement—for each $100 or part of $100 allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.05 Page 4 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 2 Amendments commencing on 1 July 2015 [s 5] 5 Replacement of sch 21 (Building and development committee fees) Schedule 21— omit, insert— Schedule 21 Building and development committee fees section 23 $ 1 Declaration under the Act, chapter 7, part 2, division 3, subdivision 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243.90 2 Appeal under the Act, section 519, 520, 521, 522, 523, 524 or 525— (a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee . . . . . 359.20 (b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee . . . . . 597.55 3 Appeal under the Act, section 527, 528, 529, 530, 531, 532 or 533 about a class 1 building or a class 10 building or structure— (a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee . . . . . 359.20 (b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee . . . . . 597.55 4 Appeal under the Act, section 527, 528, 529, 530, 531, 532 or 533 about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of 500m 2 or less— 2015 SL No. 44 Page 5

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 2 Amendments commencing on 1 July 2015 [s 5] $ (a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee . . . . . 523.30 (b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee . . . . . 755.00 5 Appeal under the Act, section 527, 528, 529, 530, 531, 532 or 533 about a class 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of more than 500m 2 — (a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee . . . . . 755.00 (b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee . . . . . 1122.00 6 Appeal under the Act, section 535, 535A or 849— (a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee . . . . . 629.70 (b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee . . . . . 868.10 7 Appeal under the SEQ Water Act, section 99BRBE— (a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee . . . . . 359.20 (b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee . . . . . 597.55 8 Appeal under the SEQ Water Act, section 99BRBF— (a) for an appeal about a review decision relating to a decision to give an infrastructure charges notice— Page 6 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 6] $ (i) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee . . . . . . . . . . . . . . . . . . . . . . . . . . 629.70 ( ii) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 868.10 (b) otherwise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629.70 9 Appeal under the SEQ Water Act, section 99BRBFA— (a) if the appeal is to be decided by a building and development committee without a site inspection by the committee or a member of the committee . . . . . 629.70 (b) if the appeal is to be decided by a building and development committee after a site inspection by the committee or a member of the committee . . . . . 868.10 Part 3 Amendments commencing on 6 July 2015 6 Amendment of s 21B (Assessment manager application fee components for particular applications for vegetation clearing) Section 21B(1)(b), (2) and example, ‘$11,291’— omit, insert— $11,686 7 Amendment of s 21C (Assessment manager application fee components for particular applications for waterway barrier works) Section 21C(1)(b), (2) and example, ‘$11,291’— omit, insert— 2015 SL No. 44 Page 7

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 8] $11,686 8 Amendment of s 21D (Assessment manager application fee for particular applications for fast-track development) Section 21D(1)(b) and (2), ‘$705’— omit, insert— $730 9 Amendment of s 21E (Assessment manager application fee for applications by registered non-profit organisations) (1) Section 21E(2), examples, example 1, ‘$11,291, is $5645.50’— omit, insert— $11,686, is $5843 (2) Section 21E(2), examples, example 2, ‘$705, is $352.50’— omit, insert— $730, is $365 10 Amendment of s 21I (Concurrence agency application fee components for particular applications for clearing vegetation) Section 21I(1)(b), (2) and example, ‘$11,291’— omit, insert— $11,686 11 Amendment of s 21J (Concurrence agency application fee components for particular applications for waterway barrier works) Section 21J(1)(b), (2) and example, ‘$11,291’— omit, insert— Page 8 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 12] $11,686 12 Amendment of s 21K (Concurrence agency application fee for particular applications for fast-track development) Section 21K(1)(b) and (2), ‘$705’— omit, insert— $730 13 Amendment of s 21L (Concurrence agency application fee for applications by registered non-profit organisations) (1) Section 21L(3), examples, example 1, ‘$11,291, is $5645.50’— omit, insert— $11,686, is $5843 (2) Section 21L(3), examples, example 2, ‘$705, is $352.50’— omit, insert— $730, is $365 14 Amendment of s 21M (Fee for request to change development approvals—Act, s 370) (1) Section 21M(2)(a), ‘$705’— omit, insert— $730 (2) Section 21M(2)(b), ‘$1411’— omit, insert— $1460 2015 SL No. 44 Page 9

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 15] 15 Amendment of s 21N (Fee for extension request notice for development approvals—Act, s 383) (1) Section 21N(2)(a), ‘$352’— omit, insert— $365 (2) Section 21N(2)(b), ‘$705’— omit, insert— $730 16 Amendment of sch 5 (Applicable codes, laws, policies and prescribed matters for particular development) Schedule 5, part 1, table 3, item 1, column 1, from ‘impact’ to ‘schedule 3’— omit, insert— code or impact assessment under schedule 3, part 1 17 Amendment of sch 7 (Referral agencies and their jurisdictions) (1) Schedule 7, table 2, item 3, column 1, paragraph (b)(ii)— omit, insert— (ii) involves extracting, excavating or filling more than 50m 3 ; or (2) Schedule 7, table 2, item 47 and heading— omit. (3) Schedule 7, table 3, item 1A, column 1, paragraph (b)(ii)— omit, insert— (ii) involves extracting, excavating or filling more than 50m 3 ; or Page 10 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] (4) Schedule 7, table 3, item 14, column 1, paragraph (a)(ii), after ‘work’— insert— that involves extracting, excavating or filling more than 50m 3 if the work is (5) Schedule 7, table 3, item 26 and heading— omit. 18 Replacement of sch 7A (Particular assessment manager and concurrence agency application fees) Schedule 7A— omit, insert— Schedule 7A Particular assessment manager and concurrence agency application fees sections 21A(1) and 21G(1) Part 1 Assessment manager application fees Note— See also sections 21B to 21F. 12 Development to which application relates Brisbane core port land 3 Application fee $ 2015 SL No. 44 Page 11

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ 1 Development mentioned in the TransportInfrastructure Act, section 283ZP(1)— (a) if the development is consistent with the Brisbane port LUP and requires code assessment 8520.00 (b) if the development is inconsistent with the Brisbane port LUP and requires— (i) code assessment 13,389.00 (ii) impact assessment 24,343.00 Airport land 2 Development mentioned in schedule 6, table 2, item 2 1460.00 Environmentally relevant activities 3 Development mentioned in schedule 6, table 3, item 1(a)— (a) if the environmentally relevant activity involves intensive animal feedlotting, pig keeping or poultry farming 2922.00 (b) otherwise— (i) if the aggregate environmental score for the environmentally relevant activity is 25 or less 1460.00 (ii) if the aggregate environmental score for the environmentally relevant activity is more than 25, but no more than 74 2922.00 Page 12 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (iii) if the aggregate environmental score for the environmentally relevant activity is more than 74 11,686.00 Vegetation clearing 4 Operational work mentioned in schedule 6, table 3, item 2(a)— (a) for high value agriculture clearing or irrigated high value agriculture clearing— (i) if the total area to be cleared is 30ha or less— (A) for an area that includes an endangered regional ecosystem or of concern regional ecosystem 5843.00 (B) otherwise 2922.00 (ii) if the total area to be cleared is more than 11,686.00 30ha (b) for necessary environmental clearing— (i) if the clearing is necessary to restore the ecological and environmental condition of land nil (ii) if the clearing is necessary to divert existing natural channels in a way that replicates the existing form of the natural channels 5843.00 (iii) if the clearing is necessary to prepare for the likelihood of a natural disaster nil 2015 SL No. 44 Page 13

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (iv) if the clearing is necessary to remove contaminants from land nil (c) for a purpose other than reconfiguring a lot, a material change of use of premises, high value agriculture clearing, irrigated high value agriculture clearing or necessary environmental clearing, if the clearing is— (i) of an area less than 5ha and is for establishing a necessary fence, firebreak, road or vehicular track, or necessary built infrastructure 2922.00 (ii) for fodder harvesting 2922.00 (iii) for thinning 2922.00 (iv) the clearing of encroachment 2922.00 (v) necessary for controlling non-native vegetation or declared pests nil (vi) necessary for ensuring public safety nil (d) otherwise 11,686.00 Taking or interfering with water 5 Operational work mentioned in schedule 6, table 3, item 3(a)— (a) if the work involves the taking of water 146.00 (b) if the work involves interfering with water 5843.00 Page 14 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ 6 Operational work mentioned in schedule 6, table 3, item 3A(a)— (a) if all of the following apply— 5843.00 (i) the dam is, or is intended to be, more than 20 metres high; (ii) the dam is, or is intended to be, capable of impounding more than 5000 megalitres; (iii) an accepted failure impact assessment for the dam states that the population at risk for the dam is more than 20 persons, but no more than 100 persons (b) if an accepted failure impact assessment for the dam states that the population at risk for the dam is more than 100 persons 11,686.00 (c) otherwise 2922.00 Major hazard facilities 7 Material change of use of premises mentioned in schedule 6, table 3, item 4(a) 11,686.00 Quarrying in a watercourse or lake 8 Development mentioned in schedule 6, table 3, item 5(a) 2922.00 Tidal works or work within a coastal management district 9 Operational work mentioned in schedule 6, table 3, item 6(a)(i) or (ii)— 2015 SL No. 44 Page 15

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (a) if 1 or both of the following apply— 5843.00 (i) the operational work involves the disposal of dredge spoil or other solid waste material in tidal water; (ii) the operational work is for the construction of an artificial waterway (b) for works for coastal management purposes that involve beach nourishment, stinger net enclosures, fencing of coastal dunes or re-vegetation of coastal dunes with endemic native vegetation nil (c) for works directly related to the provision of lifesaving or rescue services by a volunteer community organisation nil (d) otherwise 2922.00 Development on Queensland heritage place 10 Development mentioned in schedule 6, table 3, item 7(a)— (a) if the development is a material change of use of premises that would result in the premises being comprised of at least 1 dwelling but not more than 4 dwellings nil (b) if the development is building work or operational work associated with premises comprised of at least 1 dwelling but not more than 4 dwellings nil Page 16 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (c) otherwise 2922.00 Aquaculture 11 Material change of use of premises mentioned in schedule 6, table 3, item 10(a)— (a) if the aquaculture— 2922.00 (i) is carried out in a tank, pond or hatchery; and (ii) is not expected to cause the discharge of waste into Queensland waters (b) if the aquaculture— 5843.00 (i) is carried out in a tank, pond or hatchery that covers an area of 100ha or less; and (ii) is expected to cause the discharge of waste into Queensland waters (c) if the aquaculture— 11,686.00 (i) is carried out in a tank, pond or hatchery that covers an area of more than 100ha; and (ii) is expected to cause the discharge of waste into Queensland waters (d) if the aquaculture— 11,686.00 (i) is carried out on tidal land; and (ii) involves the addition of feed (e) if both of the following apply— 2922.00 2015 SL No. 44 Page 17

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (i) the aquaculture— (A) is carried out on tidal land that covers an area of 50ha or less; and (B) does not involve the addition of feed; (ii) the applicant holds a resource allocation authority for the material change of use (f) if both of the following apply— 5843.00 (i) the aquaculture— (A) is carried out on tidal land that covers an area of more than 50ha; and (B) does not involve the addition of feed; (ii) the applicant holds a resource allocation authority for the material change of use (g) otherwise 11,686.00 Fisheries development other than aquaculture 12 Building work mentioned in schedule 6, table 3, item 11(a) 2922.00 13 Operational work mentioned in schedule 6, table 3, item 11(a)(i)— (a) for each waterway barrier works the subject of the application, if 1 or both of the following apply— 2922.00 Page 18 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (i) the applicant has a fish movement exemption notice for the application and the notice still applies; (ii) the waterway barrier works— (A) is to be constructed or raised in a low-risk waterway; and (B) does not have as its primary purpose the impounding of water (b) for each waterway barrier works the subject of the application, if 1 or both of the following apply— 5843.00 (i) the waterway barrier works is a bridge to be constructed in a major-risk waterway; (ii) the waterway barrier works— (A) is to be constructed or raised in a moderate or high-risk waterway; and (B) does not have as its primary purpose the impounding of water (c) for each waterway barrier works the subject of the application, if 1 or both of the following apply— 11,686.00 (i) the primary purpose of the waterway barrier works is to impound water; (ii) the waterway barrier works— 2015 SL No. 44 Page 19

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (A) is to be constructed or raised in a major-risk waterway or an unmapped tidal waterway; and (B) is not a bridge (d) otherwise, for each waterway barrier works the subject of the application 2922.00 14 Operational work mentioned in schedule 6, table 3, item 11(a)(ii)— (a) if the applicant holds a resource allocation authority for all the operational work 1460.00 (b) otherwise— (i) for operational work that is expected to cause a permanent loss of capacity of tidal land— (A) if the operational work is to be carried out in an area of no more than 500m 2 5843.00 (B) otherwise 11,686.00 (ii) for operational work that is not expected to cause a permanent loss of capacity of tidal land— (A) if the operational work is to be carried out in an area of no more than 1500m 2 5843.00 (B) otherwise 11,686.00 Page 20 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ 15 Operational work mentioned in schedule 6, table 3, item 11(a)(iii)— (a) if 1 or more of the following apply— 2922.00 (i) the operational work is the removal, destruction or damage of marine plants covering an area less than 25m 2 ; (ii) the operational work is to be carried out in an area that is above the level of the highest astronomical tide; (iii) the operational work is for education or research (b) if either or both of the following apply— 5843.00 (i) the operational work— (A) is the removal, destruction or damage of marine plants covering an area of at least 25m 2 , but no more than 500m 2 ; and ( B) is expected to cause a loss of capacity of tidal land; (ii) the operational work— (A) is the removal, destruction or damage of marine plants covering an area of at least 25m 2 , but no more than 1500m 2 ; and ( B) is not expected to cause a loss of capacity of tidal land 2015 SL No. 44 Page 21

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (c) if either or both of the following apply— 11,686.00 (i) the operational work— (A) is the removal, destruction or damage of marine plants covering an area of more than 500m 2 ; and ( B) is expected to cause a loss of capacity of tidal land; (ii) the operational work— (A) is the removal, destruction or damage of marine plants covering an area of more than 1500m 2 ; and ( B) is not expected to cause a loss of capacity of tidal land Development in wetland protection area 17 Development mentioned in schedule 6, table 3, item 13(a) 2922.00 Decided by the Minister 18 Development mentioned in schedule 6, table 5, item 1 nil Page 22 Part 2 Concurrence agency application fees Note— See also sections 21H to 21L. 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ State-controlled road 1 Building work for which a referral agency is stated in schedule 7, table 1, item 8 2922.00 2 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 2— (a) if the reconfiguration results in 50 lots or less 1460.00 (b) if the reconfiguration results in more than 50 lots, but no more than 200 lots 2922.00 (c) otherwise 5843.00 3 Operational work for which a referral agency is stated in schedule 7, table 2, item 3 2922.00 4 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 1— (a) if the material change of use does not involve the construction or extension of a relevant vehicular access to a State-controlled road— (i) for premises that are to be comprised of at least 1 dwelling but not more than 4 dwellings 730.00 (ii) otherwise 1460.00 (b) if the material change of use involves the construction or extension of a relevant vehicular access to a State-controlled road— 2015 SL No. 44 Page 23

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (i) if the premises are to be comprised of at least 1 dwelling but not more than 4 dwellings 1460.00 (ii) otherwise 2922.00 5 Operational work for which a referral agency is stated in schedule 7, table 3, item 1A 2922.00 Coastal management districts 6 Building work for which a referral agency is stated in schedule 7, table 1, item 11 2922.00 7 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 5 2922.00 Queensland heritage place 8 Building work for which a referral agency is stated in schedule 7, table 1, item 12— (a) if the building work is associated with premises comprised of at least 1 dwelling but not more than 4 dwellings nil (b) otherwise 2922.00 9 Development for which a referral agency is stated in schedule 7, table 2, item 19— (a) if the development is a material change of use of premises that would result in the premises being comprised of at least 1 dwelling but not more than 4 dwellings nil Page 24 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (b) if the development is building work or operational work associated with premises comprised of at least 1 dwelling but not more than 4 dwellings nil (c) otherwise 2922.00 Public passenger transport 10 Building work for which a referral agency is stated in schedule 7, table 1, item 14 2922.00 11 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 33 1460.00 12 Development for which a referral agency is stated in schedule 7, table 3, item 14— (a) if the development is in connection with the construction of at least 1 dwelling but not more than 4 dwellings 730.00 (b) if any part of the land is within 25m of— 2922.00 (i) 2 or more public passenger transport corridors; or (ii) 2 or more future public passenger transport corridors; or (iii) 1 or more public passenger transport corridors and 1 or more future public passenger transport corridors (c) otherwise 1460.00 Railways 2015 SL No. 44 Page 25

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ 13 Building work for which a referral agency is stated in schedule 7, table 1, item 16 2922.00 14 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 34 2922.00 15 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 15A— (a) if the premises are to be comprised of at least 1 dwelling but not more than 4 dwellings 730.00 (b) otherwise 2922.00 16 Operational work for which a referral agency is stated in schedule 7, table 3, item 15B 2922.00 Environmentally relevant activities 17 Material change of use of premises mentioned in schedule 7, table 2, item 1 for which the chief executive is a referral agency— (a) if the environmentally relevant activity involves intensive animal feedlotting, pig keeping or poultry farming 2922.00 (b) otherwise— (i) if the aggregate environmental score for the environmentally relevant activity is 25 or less 1460.00 (ii) if the aggregate environmental score for the environmentally relevant activity is more than 25, but no more than 74 2922.00 Page 26 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (iii) if the aggregate environmental score for the environmentally relevant activity is more than 74 11,686.00 Clearing vegetation 18 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 4 5843.00 19 Operational work for which a referral agency is stated in schedule 7, table 2, item 5— (a) for high value agriculture clearing or irrigated high value agriculture clearing— (i) if the total area to be cleared is 30ha or less— (A) for an area that includes an endangered regional ecosystem or of concern regional ecosystem 5843.00 ( B) otherwise 2922.00 (ii) if the total area to be cleared is more than 11,686.00 30ha (b) for necessary environmental clearing— (i) if the clearing is necessary to restore the ecological and environmental condition of land nil (ii) if the clearing is necessary to divert existing natural channels in a way that replicates the existing form of the natural channels 5843.00 2015 SL No. 44 Page 27

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (iii) if the clearing is necessary to prepare for the likelihood of a natural disaster nil (iv) if the clearing is necessary to remove contaminants from land nil (c) for a purpose other than reconfiguring a lot, a material change of use of premises, high value agriculture clearing, irrigated high value agriculture clearing or necessary environmental clearing, if the clearing is— (i) of an area less than 5ha and is for establishing a necessary fence, firebreak, road or vehicular track, or necessary built infrastructure 2922.00 (ii) for fodder harvesting 2922.00 (iii) for thinning 2922.00 (iv) the clearing of encroachment 2922.00 (v) necessary for controlling non-native vegetation or declared pests nil (vi) necessary for ensuring public safety nil (d) otherwise 11,686.00 20 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 10 5843.00 Major hazard facilities Page 28 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ 21 Material change of use of premises for which a referral agency is stated in schedule 7, table 2, item 8— (a) for an existing major hazard facility nil (b) for a proposed major hazard facility— (i) if the facility is to be a tier 3 major hazard facility 5843.00 (ii) otherwise 730.00 Taking or interfering with water 22 Operational work for which a referral agency is stated in schedule 7, table 2, item 9— (a) if the work is for the taking of water 146.00 (b) if the work is for interfering with water 5843.00 Interfering with water in drainage and embankment areas 23 Operational work for which a referral agency is stated in schedule 7, table 2, item 10 1460.00 Particular dams 24 Operational work for which a referral agency is stated in schedule 7, table 2, item 11— (a) if all of the following apply— 5843.00 (i) the dam is, or is intended to be, more than 20 metres high; 2015 SL No. 44 Page 29

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (ii) the dam is, or is intended to be, capable of impounding more than 5000 megalitres; (iii) an accepted failure impact assessment for the dam states that the population at risk for the dam is more than 20 persons, but no more than 100 persons (b) if an accepted failure impact assessment for the dam states that the population at risk for the dam is more than 100 persons 11,686.00 (c) otherwise 2922.00 Removal of quarry material 25 Development for which a referral agency is stated in schedule 7, table 2, item 12 2922.00 Tidal works, or development in a coastal management district 26 Operational work for which a referral agency is stated in schedule 7, table 2, item 13— (a) if 1 or both of the following apply— 5843.00 (i) the operational work involves the disposal of dredge spoil or other solid waste material in tidal water; (ii) the operational work is for the construction of an artificial waterway Page 30 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (b) if the operational work is for coastal management purposes that involve beach nourishment, stinger net enclosures, fencing of coastal dunes or re-vegetation of coastal dunes with endemic native vegetation nil (c) if the operational work is directly related to the provision of lifesaving or rescue services by a volunteer community organisation nil (d) if the operational work is tidal works for a private purpose 730.00 (e) otherwise 2922.00 27 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 14— (a) if the reconfiguration is in connection with the 11,686.00 construction of an artificial waterway (b) if the lot— 11,686.00 (i) is more than 2ha; and (ii) is to be reconfigured to create 10 or more lots (c) otherwise 5843.00 28 Operational work for which a referral agency is stated in schedule 7, table 2, item 15— (a) if the works are for a private purpose 1460.00 (b) otherwise 11,686.00 2015 SL No. 44 Page 31

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ Land contaminated because of unexploded ordnance 29 Development for which a referral agency is stated in schedule 7, table 2, item 22 or schedule 7, table 3, item 11 nil Works or other development in a fish habitat area 30 Building work for which a referral agency is stated in schedule 7, table 2, item 25— (a) if the applicant holds a resource allocation authority for all the development 1460.00 (b) otherwise— (i) for development that is expected to cause a permanent loss of capacity of tidal land— (A) if the development is to be carried out in an area of no more than 500m 2 5843.00 (B) otherwise 11,686.00 (ii) for development that is not expected to cause a permanent loss of capacity of tidal land— (A) if the development is to be carried out in an area of no more than 1500m 2 5843.00 (B) otherwise 11,686.00 31 Operational work for which a referral agency is stated in schedule 7, table 2, item 26— Page 32 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (a) if the applicant holds a resource allocation authority for all the development 1460.00 (b) otherwise— (i) for development that is expected to cause a permanent loss of capacity of tidal land— (A) if the development is to be carried out in an area of no more than 500m 2 5843.00 (B) otherwise 11,686.00 (ii) for development that is not expected to cause a permanent loss of capacity of tidal land— (A) if the development is to be carried out in an area of no more than 1500m 2 5843.00 (B) otherwise 11,686.00 Certain aquaculture 32 Material change of use of premises for which a referral agency is stated in schedule 7, table 2, item 28— (a) if the aquaculture— 2922.00 (i) is carried out in a tank, pond or hatchery; and (ii) is not expected to cause the discharge of waste into Queensland waters (b) if the aquaculture— 5843.00 2015 SL No. 44 Page 33

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (i) is carried out in a tank, pond or hatchery that covers an area of 100ha or less; and (ii) is expected to cause the discharge of waste into Queensland waters (c) if the aquaculture— 11,686.00 (i) is carried out in a tank, pond or hatchery that covers an area of more than 100ha; and (ii) is expected to cause the discharge of waste into Queensland waters (d) if the aquaculture— 11,686.00 (i) is carried out on tidal land; and (ii) involves the addition of feed (e) if both of the following apply— 2922.00 (i) the aquaculture— (A) is carried out on tidal land that covers an area of 50ha or less; and (B) does not involve the addition of feed; (ii) the applicant holds a resource allocation authority for the material change of use (f) if both of the following apply— 5843.00 (i) the aquaculture— (A) is carried out on tidal land that covers an area of more than 50ha; and Page 34 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (B) does not involve the addition of feed; (ii) the applicant holds a resource allocation authority for the material change of use (g) otherwise 11,686.00 Constructing or raising waterway barrier works 33 Operational work for which a referral agency is stated in schedule 7, table 2, item 29— (a) for each waterway barrier works the subject of the application, if 1 or both of the following apply— 2922.00 (i) the applicant has a valid fish movement exemption notice for the application and the notice still applies; (ii) the waterway barrier works— (A) is to be constructed or raised in a low-risk waterway; and (B) does not have as its primary purpose the impounding of water (b) for each waterway barrier works the subject of the application, if 1 or both of the following apply— 5843.00 (i) the waterway barrier works is a bridge to be constructed in a major-risk waterway; (ii) the waterway barrier works— 2015 SL No. 44 Page 35

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (A) is to be constructed or raised in a moderate or high-risk waterway; and (B) does not have as its primary purpose the impounding of water (c) for each waterway barrier works the subject of the application, if 1 or both of the following apply— 11,686.00 (i) the primary purpose of the waterway barrier works is to impound water; (ii) the waterway barrier works— (A) is to be constructed or raised in a major-risk waterway or an unmapped tidal waterway; and ( B) is not a bridge (d) otherwise, for each waterway barrier works the subject of the application 2922.00 Removal, destruction or damage of marine plants 34 Operational work for which a referral agency is stated in schedule 7, table 2, item 30— (a) if 1 or more of the following apply— 2922.00 (i) the development is, or involves, the removal, destruction or damage of marine plants covering an area of less than 25m 2 ; Page 36 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (ii) the development is to be carried out in an area that is above the level of the highest astronomical tide; (iii) the development is for education or research (b) if either or both of the following apply— 5843.00 (i) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m 2 , but no more than 500m 2 ; and ( B) is expected to cause a loss of capacity of tidal land; (ii) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m 2 , but no more than 1500m 2 ; and (B) is not expected to cause a loss of capacity of tidal land (c) if either or both of the following apply— 11,686.00 (i) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 500m 2 ; and 2015 SL No. 44 Page 37

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (B) is expected to cause a loss of capacity of tidal land; (ii) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 1500m 2 ; and ( B) is not expected to cause a loss of capacity of tidal land 35 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 31— (a) if 1 or more of the following apply— 2922.00 (i) the development is, or involves, the removal, destruction or damage of marine plants covering an area of less than 25m 2 ; (ii) the development is to be carried out in an area that is above the level of the highest astronomical tide; (iii) the development is for education or research (b) if either or both of the following apply— 5843.00 (i) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m 2 , but no more than 500m 2 ; and Page 38 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (B) is expected to cause a loss of capacity of tidal land; (ii) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m 2 , but no more than 1500m 2 ; and (B) is not expected to cause a loss of capacity of tidal land (c) if either or both of the following apply— 11,686.00 (i) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 500m 2 ; and ( B) is expected to cause a loss of capacity of tidal land; (ii) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 1500m 2 ; and ( B) is not expected to cause a loss of capacity of tidal land 2015 SL No. 44 Page 39

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ 36 Material change of use of premises for which a referral agency is stated in schedule 7, table 2, item 32— (a) if 1 or more of the following apply— 2922.00 (i) the development is, or involves, the removal, destruction or damage of marine plants covering an area of less than 25m 2 ; (ii) the development is to be carried out in an area that is above the level of the highest astronomical tide; (iii) the development is for education or research (b) if either or both of the following apply— 5843.00 (i) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m 2 , but no more than 500m 2 ; and ( B) is expected to cause a loss of capacity of tidal land; (ii) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m 2 , but no more than 1500m 2 ; and Page 40 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (B) is not expected to cause a loss of capacity of tidal land (c) if either or both of the following apply— 11,686.00 (i) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 500m 2 ; and ( B) is expected to cause a loss of capacity of tidal land; (ii) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 1500m 2 ; and ( B) is not expected to cause a loss of capacity of tidal land 37 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 25— (a) if 1 or more of the following apply— 2922.00 (i) the development is, or involves, the removal, destruction or damage of marine plants covering an area of less than 25m 2 ; 2015 SL No. 44 Page 41

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (ii) the development is to be carried out in an area that is above the level of the highest astronomical tide; (iii) the development is for education or research (b) if either or both of the following apply— 5843.00 (i) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m 2 , but no more than 500m 2 ; and ( B) is expected to cause a loss of capacity of tidal land; (ii) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of at least 25m 2 , but no more than 1500m 2 ; and (B) is not expected to cause a loss of capacity of tidal land (c) if either or both of the following apply— 11,686.00 (i) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 500m 2 ; and Page 42 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 18] 12 3 Development to which application relates Application fee $ (B) is expected to cause a loss of capacity of tidal land; (ii) the development— (A) is, or involves, the removal, destruction or damage of marine plants covering an area of more than 1500m 2 ; and ( B) is not expected to cause a loss of capacity of tidal land State-controlled transport tunnels 38 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 34A 5843.00 39 Development for which a referral agency is stated in schedule 7, table 3, item 15C 5843.00 Regional plans 40 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 39 1460.00 41 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 12 1460.00 Land in or near a wetland 44 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 43A 2922.00 45 Operational work for which a referral agency is stated in schedule 7, table 2, item 43B 2922.00 2015 SL No. 44 Page 43

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 3 Amendments commencing on 6 July 2015 [s 19] 12 3 Development to which application relates Application fee $ 46 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 21A 2922.00 Construction of new levees or modification of existing levees 47 Operational work for which a referral agency is stated 11,686.00 in schedule 7, table 2, item 48 Development impacting on State transport infrastructure 48 Development for which a referral agency is stated in schedule 7, table 3, item 2— (a) if the development is in LGA population 2 2922.00 (b) otherwise 5843.00 Land designated for community infrastructure 49 Development for which a referral agency is stated in schedule 7, table 3, item 6 2922.00 19 Amendment of sch 9 (Development impacting on State transport infrastructure and thresholds) Schedule 9, item 15, columns 2 and 3, ‘or 4 classrooms’— omit. 20 Amendment of sch 26 (Dictionary) (1) Schedule 26— insert— Page 44 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 4 Amendments commencing on 1 September 2015 [s 21] relevant vehicular access , to a State-controlled road, for schedule 7A, part 2, item 4, means— (a) a road, other than a pedestrian or bicycle path, that provides access to the State-controlled road; or (b) a driveway that provides access to the State-controlled road. (2) Schedule 26, definition State development assessment provisions , ‘dated 10 October 2014’— omit, insert— made by the chief executive on 10 June 2015, dated 6 July 2015 Part 4 Amendments commencing on 1 September 2015 21 Insertion of new pt 9, div 4 Part 9— insert— Division 4 Transitional provision for Sustainable Planning Amendment Regulation (No. 2) 2015 46 Particular clearing of vegetation not assessable development (1) This section applies if— 2015 SL No. 44 Page 45

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 4 Amendments commencing on 1 September 2015 [s 22] (a) a development approval is given, before or after the commencement, for a prescribed development application; and (b) after the commencement, operational work that is the clearing of native vegetation is carried out for the development approved by the development approval; and (c) the operational work is clearing— (i) mentioned in schedule 24, part 1, section 1(12) or (16) as in force immediately before the commencement; or (ii) for an activity mentioned in schedule 24, part 1, section 1(11) as in force immediately before the commencement. (2) Schedule 3, part 1, table 4, item 1 does not apply to the operational work. (3) In this section— prescribed development application means a development application— (a) that was made before the commencement but not decided before 2 August 2013; and (b) for development for community infrastructure mentioned in schedule 2. 22 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) and (12)— omit, insert— (11) Clearing for the construction or maintenance of community infrastructure mentioned in schedule Page 46 2015 SL No. 44

Sustainable Planning Amendment Regulation (No. 2) 2015 Part 4 Amendments commencing on 1 September 2015 [s 22] 2 that is government supported transport infrastructure. (2) Schedule 24, part 1, section 1(16), after ‘2’— insert— if the clearing is carried out on designated land 2015 SL No. 44 Page 47

Sustainable Planning Amendment Regulation (No. 2) 2015 Endnotes ENDNOTES 1 Made by the Governor in Council on 25 June 2015. 2 Notified on the Queensland legislation website on 26 June 2015. 3 The administering agency is the Department of Infrastructure, Local Government and Planning. © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 48 2015 SL No. 44