Sustainable Planning Amendment Regulation (No. 3) 2015 (Qld)

Queensland Sustainable Planning Amendment Regulation (No. 3) 2015 Subordinate Legislation 2015 No. 156 made under the SustainablePlanningAct2009 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of sch 7 (Referral agencies and their jurisdictions) . 2 5 Amendment of sch 9 (Development impacting on State transport infrastructure and thresholds). . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 3

Sustainable Planning Amendment Regulation (No. 3) 2015 [s 1] 1 Short title This regulation may be cited as the Sustainable Planning Amendment Regulation (No. 3) 2015 . 2 Commencement This regulation commences on 23 November 2015. 3 Regulation amended This regulation amends the Sustainable Planning Regulation 2009. 4 Amendment of sch 7 (Referral agencies and their jurisdictions) (1) Schedule 7, table 3, item 1, column 1, after ‘premises’— insert— , other than an excluded material change of use, (2) Schedule 7, table 3, item 14, column 1, paragraph (a)(i) and (ii)— omit, insert— (i) a material change of use of premises, other than an excluded material change of use; or (ii) operational work (other than work associated with a material change of use of premises, reconfiguring a lot as mentioned in table 2, item 33 or government supported transport infrastructure) that— (A) is associated with access to a public passenger transport corridor or a future public passenger corridor; or Page 2 2015 SL No. 156

Sustainable Planning Amendment Regulation (No. 3) 2015 [s 5] (B) involves extracting, excavating or filling more than 50m 3 ; and (3) Schedule 7, table 3, item 15A, column 1, after ‘premises’— insert— , other than an excluded material change of use, 5 Amendment of sch 9 (Development impacting on State transport infrastructure and thresholds) (1) Schedule 9, item 1, columns 2 and 3, ‘dwellings’— omit, insert— schedule 9 dwellings, whether of the same type or 2 or more types, (2) Schedule 9, item 19, column 1, after ‘industry’— insert— (other than an abattoir) (3) Schedule 9, item 20, column 1, from ‘Noxious’ to ‘abattoir)’— omit, insert— Special industry (4) Schedule 9, item 22, column 1, from ‘Noxious’ to ‘industry’— omit, insert— High impact industry (5) Schedule 9, item 27, columns 2 and 3, ‘dwellings’— omit, insert— schedule 9 dwellings, whether of the same type or 2 or more types 6 Amendment of sch 26 (Dictionary) (1) Schedule 26, definitions dwelling and relevant vehicular access — 2015 SL No. 156 Page 3

Sustainable Planning Amendment Regulation (No. 3) 2015 [s 6] omit . (2) Schedule 26— insert— caretaker’s accommodation means caretaker’s accommodation as defined under the standard planning scheme provisions. domestic outbuilding means a domestic outbuilding as defined under the standard planning scheme provisions. dual occupancy means a dual occupancy as defined under the standard planning scheme provisions. dwelling means a dwelling house or dwelling unit. dwelling house means a dwelling house as defined under the standard planning scheme provisions. dwelling unit means a dwelling unit as defined under the standard planning scheme provisions. excluded material change of use — 1 Excluded material change of use , for schedule 7, table 3, item 1, means a material change of use of premises that— (a) does not involve new or changed access between the premises and a State-controlled road; and (b) either— (i) is for 1 or more of the following uses— (A) a dwelling house; (B) a secondary dwelling associated with a dwelling house on the premises; Page 4 2015 SL No. 156

2015 SL No. 156 Sustainable Planning Amendment Regulation (No. 3) 2015 [s 6] (C) a domestic outbuilding associated with a dwelling house on the premises; or (ii) involves building work for which the GFA is 100m 2 or less, unless the building work is for a service station or fast food outlet. 2 Excluded material change of use , for schedule 7, table 3, item 14, means a material change of use of premises that— (a) does not involve new or changed access between the premises and a public passenger transport corridor on which light rail transport infrastructure is situated; and (b) either— (i) is for 1 or more of the following uses— (A) a dwelling house; (B) a secondary dwelling associated with a dwelling house on the premises; (C) a domestic outbuilding associated with a dwelling house on the premises; or (ii) involves building work for which the GFA is 250m 2 or less. 3 Excluded material change of use , for schedule 7, table 3, item 15A, means a material change of use of premises that— (a) is for 1 or more of the following uses— (i) a dwelling house; (ii) a secondary dwelling associated with a dwelling house on the premises; Page 5

Sustainable Planning Amendment Regulation (No. 3) 2015 [s 6] Page 6 (iii) a domestic outbuilding associated with a dwelling house on the premises; or (b) involves building work for which the GFA is 250m 2 or less. multiple dwelling means a multiple dwelling as defined under the standard planning scheme provisions. new or changed access , between premises and a State-controlled road or public passenger transport corridor on which light rail transport infrastructure is situated, means— (a) the use of a new location as a relevant vehicular access between the premises and the State-controlled road or public passenger transport corridor; or (b) the construction of a new relevant vehicular access between the premises and the State-controlled road or public passenger transport corridor; or (c) an extension of an existing relevant vehicular access between the premises and the State-controlled road or public passenger transport corridor; or Example for paragraph (c) — widening a driveway to allow access by a wide-turning vehicle (d) an increase in the number of vehicles regularly using an existing relevant vehicular access between the premises and the State-controlled road or public passenger transport corridor; or (e) a change in the type of vehicles regularly using an existing relevant vehicular access between the premises and the State-controlled road or public passenger transport corridor. 2015 SL No. 156

2015 SL No. 156 Sustainable Planning Amendment Regulation (No. 3) 2015 [s 6] relevant vehicular access , to a State-controlled road, or between premises and a State-controlled road or public passenger transport corridor, means— (a) a road, other than a pedestrian or bicycle path, that provides access to the State-controlled road, or between the premises and the State-controlled road or public passenger transport corridor; or (b) a driveway that provides access to the State-controlled road, or between the premises and the State-controlled road or public passenger transport corridor. retirement facility means a retirement facility as defined under the standard planning scheme provisions. schedule 9 dwelling means a dwelling of any of the following types— (a) a dwelling house; (b) a dwelling unit; (c) a self-contained residence in a dual occupancy; (d) a self-contained residence in a multiple dwelling; (e) caretaker’s accommodation; (f) an independent accommodation unit in a retirement facility. Examples for paragraph (f) — • an independent living unit • a serviced unit • an on-site residence for the manager of a retirement facility secondary dwelling means a secondary dwelling as defined under the standard planning scheme provisions. Page 7

Sustainable Planning Amendment Regulation (No. 3) 2015 [s 6] service station means a service station as defined under the standard planning scheme provisions. (3) Schedule 26, definition domestic housing activity , example, ‘caretakers’’— omit, insert— caretaker’s (4) Schedule 26, definition State development assessment provisions , ‘on 10 June 2015, dated 6 July 2015’— omit, insert— , dated 23 November 2015 ENDNOTES 1 Made by the Governor in Council on 19 November 2015. 2 Notified on the Queensland legislation website on 20 November 2015. 3 The administering agency is the Department of Infrastructure, Local Government and Planning. © State of Queensland 2015 Authorised by the Parliamentary Counsel Page 8 2015 SL No. 156