Sustainable Planning Amendment Regulation (No. 4) 2014 (Qld)

Queensland Sustainable Planning Amendment Regulation (No. 4) 2014 Subordinate Legislation 2014 No. 149 made under the SustainablePlanningAct2009 Contents Part 1 1 2 3 Part 2 4 5 6 7 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendments commencing on 4 July 2014 Amendment of s 5 (Guideline for making or amending planning scheme or planning scheme policy—Act, s 117(1)) . . . . . . . . . . . 4 Replacement of s 6 (Guideline for making temporary local planning instrument—Act, s 117(2)). . . . . . . . . . . . . . . . . . . . . . . 5 6 Guideline for preparing LGIP or amendment of LGIP—Act, s 117(2) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Guideline for making temporary local planning instrument—Act, s 117(3). . . . . . . . . . . . . . . . . . . . . . 5 Replacement of s 18 (Compliance assessment of particular development—Act, ss 232 and 397) . . . . . . . . . . . . . . . . . . . . . . 5 18 Compliance assessment of particular development—Act, ss 232, 397 and 415 . . . . . . . . . . 5 Replacement of ss 27–30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 27 Guideline for parameters for working out cost of infrastructure for offset or refund—Act, s 633(2) . . . . 6 28 Guideline for parameters for criteria for deciding conversion application—Act, s 633A(2) . . . . . . . . . . . 6

Sustainable Planning Amendment Regulation (No. 4) 2014 Contents 8 9 10 11 12 13 14 15 16 17 18 Part 3 19 Insertion of new ss 40B and 40C . . . . . . . . . . . . . . . . . . . . . . . . . 40B Guideline for method for working out cost of infrastructure for offset or refund—Act, s 979(3) . . . . 40C Guideline for criteria for deciding conversion application—Act, s 979(3A) . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Assessable development, self-assessable development and type of assessment). . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Development that can not be declared to be development of a particular type—Act, section 232(2)). . . . . . Amendment of sch 5 (Applicable codes, laws, policies and prescribed matters for particular development) . . . . . . . . . . . . . . Amendment of sch 6 (Assessment manager for development applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 7 (Referral agencies and their jurisdictions) . Amendment of sch 8 (Special fire services and referral jurisdiction of Queensland Fire and Emergency Service for them) ..................................... Amendment of sch 18 (Compliance assessment of particular development) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of schs 20 to 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 20 Court fees Schedule 21 Building and development committee fees Amendment of sch 24 (Clearing of native vegetation—not assessable development under schedule 3, part 1, table 4, item 1) .................................. Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . Amendments commencing on 4 August 2014 Replacement of pt 3, div 3 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Fees Subdivision 1 Assessment manager application fee 21A Assessment manager application fee applies for relevant aspects of development—Act, s 260 . . . . . . 21B Assessment manager application fee components for particular applications for vegetation clearing . . . . 21C Assessment manager application fee components for particular applications for waterway barrier works 21D Assessment manager application fee for particular applications for fast-track development . . . . . . . . . . . 21E Assessment manager application fee for particular applications by non-profit organisations . . . . . . . . . . . 6 7 7 7 9 9 9 9 10 11 12 15 15 16 17 17 18 19 19 Page 2 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Contents 21F Assessment manager application fee for concurrence agency assessment manager . . . . . . . . . . . . . . . . . . 20 Subdivision 2 Concurrence agency application fee 21G Concurrence agency application fee applies for relevant aspects of development—Act, s 272 . . . . . . 20 21H Concurrence agency application fee for particular building work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 21I Concurrence agency application fee components for particular applications for clearing vegetation . . . . . . 22 21J Concurrence agency application fee components for particular applications for waterway barrier works . . . 22 21K Concurrence agency application fee for particular applications for fast-track development . . . . . . . . . . . 23 21L Concurrence agency application fee for particular applications by non-profit organisations . . . . . . . . . . . 23 Subdivision 3 Other fees 21M Fee for request to change development approvals—Act, s 370 ................. 24 21N Fee for extension request notice for development approvals—Act, s 383 . . . . . . . . . . . . . . . . . . . . . . . . 25 20 Amendment of sch 3 (Assessable development, self-assessable development and type of assessment). . . . . . . . . . . . . . . . . . . . . 25 21 Replacement of sch 7A (Particular assessment manager and concurrence agency application fees) . . . . . . . . . . . . . . . . . . . . . 26 Schedule 7A Particular assessment manager and concurrence agency application fees 22 Amendment of sch 26 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 51 2014 SL No. 149 Page 3

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Sustainable Planning Amendment Regulation (No. 4) 2014 . 2 Commencement (1) Part 2 commences on 4 July 2014 immediately after the commencement of the SustainablePlanning(InfrastructureCharges) and Other Legislation Amendment Act 2014 , part 2. (2) Part 3 commences on 4 August 2014. 3 Regulation amended This regulation amends the Sustainable Planning Regulation 2009 . Part 2 Amendments commencing on 4 July 2014 4 Amendment of s 5 (Guideline for making or amending planning scheme or planning scheme policy—Act, s 117(1)) Section 5, from ‘01/14’ to ‘2014’— omit, insert— 02/14 Making and amending local planning instruments’, dated 11 June 2014 Page 4 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 2 Amendments commencing on 4 July 2014 [s 5] 5 Replacement of s 6 (Guideline for making temporary local planning instrument—Act, s 117(2)) Section 6— omit, insert— 6 Guideline for preparing LGIP or amendment of LGIP—Act, s 117(2) For section 117(2)(b) of the Act, an LGIP or an amendment of an LGIP must be prepared as required under the document called ‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014 and published by the department. 7 Guideline for making temporary local planning instrument—Act, s 117(3) For section 117(3)(b) of the Act, for making a temporary local planning instrument, a local government must follow the process stated in the document called ‘Statutory guideline 02/14 Making and amending local planning instruments’, dated 11 June 2014 and published by the department. 6 Replacement of s 18 (Compliance assessment of particular development—Act, ss 232 and 397) Section 18— omit, insert— 18 Compliance assessment of particular development—Act, ss 232, 397 and 415 For sections 232(1)(b), 397(3) and 415(b) and (c) of the Act, schedule 18 prescribes— (a) particular development that requires compliance assessment; and 2014 SL No. 149 Page 5

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 2 Amendments commencing on 4 July 2014 [s 7] (b) the matters or things against which the development must be assessed; and (c) the entity to whom the request for compliance assessment must be made; and (d) additional actions that must be taken by the compliance assessor; and (e) the form of a compliance permit. 7 Replacement of ss 27–30 Sections 27 to 30— omit, insert— 27 Guideline for parameters for working out cost of infrastructure for offset or refund—Act, s 633(2) For section 633(2)(b) of the Act, the guideline for parameters for the purpose of working out an offset or refund under the Act, chapter 8, part 2, is contained in the document called ‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014 and published by the department. 28 Guideline for parameters for criteria for deciding conversion application—Act, s 633A(2) For section 633A(2) of the Act, the guideline for parameters for deciding a conversion application is contained in the document called ‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014 and published by the department. 8 Insertion of new ss 40B and 40C Part 7— Page 6 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 2 Amendments commencing on 4 July 2014 [s 9] insert— 40B Guideline for method for working out cost of infrastructure for offset or refund—Act, s 979(3) For section 979(3)(b) of the Act, the guideline for the method for working out the cost of infrastructure the subject of an offset or refund is contained in the document called ‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014 and published by the department. 40C Guideline for criteria for deciding conversion application—Act, s 979(3A) For section 979(3A)(b) of the Act, the guideline for the criteria for deciding a conversion application is contained in the document called ‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014 and published by the department. 9 Amendment of sch 3 (Assessable development, self-assessable development and type of assessment) (1) Schedule 3, part 1, table 2, items 6 and 7 and heading— omit . (2) Schedule 3, part 1, table 4, item 3, column 2, ‘work carried out in a priority development area or’— omit, insert— PDA-related development or work carried out (3) Schedule 3, part 1, table 4, item 5, column 2, ‘work carried out in a priority development area and’— omit, insert— PDA-related development or 2014 SL No. 149 Page 7

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 2 Amendments commencing on 4 July 2014 [s 9] (4) Schedule 3, part 1, table 4, item 8, column 2, paragraph (d)— omit, insert— (d) PDA-related development; or (5) Schedule 3, part 1, table 5, item 1, column 2, paragraph (a)— omit, insert— (a) PDA-related development; or (6) Schedule 3, part 1, table 5, item 2, column 2, paragraph (d)— omit, insert— (d) that is PDA-related development (7) Schedule 3, part 2, table 2, item 1 and heading— omit, insert— For aquaculture 1 For assessing a material change of use of premises against the Fisheries Act, making a material change of use of premises for aquaculture if the change of use of premises does not cause the discharge of waste into Queensland waters and the aquaculture— (a) is of indigenous freshwater fish species for aquarium display or human consumption only and is carried out— (i) in a river basin or catchment to which the species is native; and (ii) in ponds, or using above-ground tanks, that have a total water surface area of no more than 10ha; or (b) is of indigenous freshwater fish for aquarium display or human consumption only, or non-indigenous freshwater fish for aquarium display only, and is carried out using only above-ground tanks— (i) that have a total floor area, excluding water storage area, of no more than 100m 2 ; and (ii) that are impervious to predators and rainwater; or (c) is of indigenous marine fish for aquarium display only and is carried out using only above-ground tanks that have a total floor area, excluding water storage areas, of no more than 100m 2 (8) Schedule 3, part 2, table 4, item 1, column 2, ‘work carried out in a priority development area or’— omit, insert— Page 8 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 2 Amendments commencing on 4 July 2014 [s 10] PDA-related development or work carried out (9) Schedule 3, part 2, table 4, item 5, column 2, ‘other than in’— omit, insert— other than a local government road in or for 10 Amendment of sch 4 (Development that can not be declared to be development of a particular type—Act, section 232(2)) Schedule 4, table 5, item 11, column 2, subsection (2)(b) and item 12A, column 2, subsection (2)(b)— omit, insert — (b) is in an area for which a UXO area management advice has been given; or 11 Amendment of sch 5 (Applicable codes, laws, policies and prescribed matters for particular development) Schedule 5, part 1, table 2, item 7 and heading— omit . 12 Amendment of sch 6 (Assessment manager for development applications) Schedule 6, table 3, item 9 and heading— omit . 13 Amendment of sch 7 (Referral agencies and their jurisdictions) (1) Schedule 7, table 2, items 22 and 23 and heading— 2014 SL No. 149 Page 9

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 2 Amendments commencing on 4 July 2014 [s 14] omit, insert— Land contaminated because of unexploded ordnance 22 Reconfiguring a lot if all or part of The chief The purpose of the the premises are in an area for which executive—as a Act a UXO area management advice has concurrence agency been given (2) Schedule 7, table 2, items 25 to 27, heading, ‘or adjoining’— omit. (3) Schedule 7, table 2, item 27— omit . (4) Schedule 7, table 3, item 11 and heading— omit, insert— Land contaminated because of unexploded ordnance 11 Material change of use of premises The chief The purpose of the if all or part of the premises are in an executive—as a Act area for which a UXO area concurrence agency management advice has been given 14 Amendment of sch 8 (Special fire services and referral jurisdiction of Queensland Fire and Emergency Service for them) Schedule 8, part 1, item 5— omit, insert— 5 fire detection and alarm systems, other than the following— (a) stand-alone smoke alarms not required to be interconnected or connected to a fire indicator panel; (b) smoke alarms in a class 1 building that are required to be interconnected; Page 10 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 2 Amendments commencing on 4 July 2014 [s 15] (c) smoke alarms in a sole-occupancy unit in a class 2, 3 or 4 building that are required to be interconnected 15 Amendment of sch 18 (Compliance assessment of particular development) (1) Schedule 18, table 1, item 1, column 2, paragraph (j)— omit . (2) Schedule 18, tables 1 and 2— insert — Additional actions 4 Additional actions that — must be taken by the compliance assessor Form requirements 5 Form of a compliance permit — (3) Schedule 18— insert— Table 3—Particular material change of use of premises Preliminary matters 1 Development for which Making a material change of use of premises if— compliance assessment (a) all or part of the premises are on the is required contaminated land register or the environmental management register; and (b) the premises are not being used for a sensitive land use; and (c) the material change of use is completely or partly for— (i) a sensitive land use; or (ii) a commercial purpose involving an accessible underground facility, including, for example, a basement carpark, workshop or office. 2014 SL No. 149 Page 11

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 2 Amendments commencing on 4 July 2014 [s 16] Table 3—Particular material change of use of premises 2 Matters or things against which the development is assessed The guideline called ‘Contaminated land assessment guideline—version 1’, made by the chief executive of the department administering the EnvironmentalProtection Act and published on that department’s website. Process for assessment 3 Compliance assessor An individual approved as an auditor under the Environmental Protection Act, chapter 12, part 3A, division 2. Additional actions 4 Additional actions that A copy of a compliance permit issued for the material must be taken by the change of use must be given to the department in compliance assessor which the Environmental Protection Act is administered. Form requirements 5 Form of the compliance The approved form of the compliance permit. permit 16 Replacement of schs 20 to 23 Schedules 20 to 23— omit, insert— Schedule 20 Court fees section 22 $ 1 Filing notice of appeal— (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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 551.00 Page 12 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 2 Amendments commencing on 4 July 2014 [s 16] $ (b) otherwise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 091.00 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 . . . . . . . . . . . . . . . . . 551.00 (b) otherwise. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 091.00 3 Issuing a certificate on a final judgment, order, finding or decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58.15 4 Filing a document (the first document ), other than any subsequent document relating to the first document, for which no other fee is provided . . . . . . . . . . . . . . . . . . . . 83.65 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 . . . . . . . . . . . . . . . . . . . . . . . 2.25 (b) maximum fee for first copy . . . . . . . . . . . . . . . . . . 62.10 (c) additional copy—each page . . . . . . . . . . . . . . . . . . 0.55 (d) maximum fee for additional copy. . . . . . . . . . . . . . 24.45 6 Opening or keeping open the registry after hours . . . . . 453.40 7 Searching the record in an appeal or other proceeding—for each name or file . . . . . . . . . . . . . . . . . 21.65 8 Attending a view— (a) for each hour or part of an hour . . . . . . . . . . . . . . . 96.40 (b) but not more than, for each day . . . . . . . . . . . . . . . 482.30 9 Making an appointment for assessment of a costs statement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96.40 10 Assessing a costs statement—for each $100 or part of $100 allowed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.65 2014 SL No. 149 Page 13

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 2 Amendments commencing on 4 July 2014 [s 16] Schedule 21 Building and development committee fees section 23 $ 1 Declaration under the Act, chapter 7, part 2, division 3, subdivision 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235.65 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 . . . . . . 347.05 (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 . . . . . . . . . 577.35 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 . . . . . . 347.05 (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 . . . . . . . . . 577.35 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— (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 . . . . . . 505.60 Page 14 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 2 Amendments commencing on 4 July 2014 [s 17] $ (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 . . . . . . . . . 729.45 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 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 . . . . . . 729.45 (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 . . . . . . . . . 1 084.05 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 . . . . . . 608.40 (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 . . . . . . . . . 838.75 17 Amendment of sch 24 (Clearing of native vegetation—not assessable development under schedule 3, part 1, table 4, item 1) Schedule 24, part 2, sections 2(g), 3(h), 7(c) and 8(b), ‘in a priority development area’— omit, insert — PDA-related development 18 Amendment of sch 26 (Dictionary) (1) Schedule 26, definitions area management advice , education and care service premises , hazardous contaminant , health care services , notifiable activity , potentially affected premises and potentially sensitive material change of use of premises — 2014 SL No. 149 Page 15

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 19] omit . (2) Schedule 26— insert— PDA-related development means— (a) development carried out in a priority development area; or (b) development for a priority development area that is not carried out within the area. sensitive land use , for schedule 18, table 3, has the same meaning as in the State Planning Policy 2013. sole-occupancy unit , in a class 2, 3 or 4 building, means a room or other part of the building used as a dwelling by a person to the exclusion of any other person. UXO area management advice means a written notice given by the administering authority to the local government about planning for or managing land contaminated because of unexploded ordnance. (3) Schedule 26, definition State development assessment provisions , ‘9 May 2014’— omit, insert — 20 June 2014 Part 3 Amendments commencing on 4 August 2014 19 Replacement of pt 3, div 3 (Fees) Part 3, division 3— Page 16 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 19] omit, insert— Division 3 Fees Subdivision 1 Assessment manager application fee 21A Assessment manager application fee applies for relevant aspects of development—Act, s 260 (1) For section 260(1)(d)(ii) of the Act, the prescribed fee (the assessment manager application fee ) for a development application for an aspect (the relevant aspect ) of development mentioned in schedule 7A, part 1, column 2, is the fee stated in schedule 7A, part 1, column 3, opposite the relevant aspect. (2) However, if the development application is for 2 or more relevant aspects of development, the assessment manager application fee for the application is each fee (each an assessment manager application fee component ) payable under subsection (1) for each relevant aspect of development. (3) This section is subject to sections 21B to 21E. 21B Assessment manager application fee components for particular applications for vegetation clearing (1) This section applies for a development application if— (a) the application is for more than 1 relevant aspect of development mentioned in schedule 7A, part 1, item 4; and 2014 SL No. 149 Page 17

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 19] (b) the total of the assessment manager application fee components for the relevant aspects would, but for this section, be more than $11291. (2) Despite section 21A(2), the total of the assessment manager application fee components for the relevant aspects is $11291. Example — For a development application for relevant aspects of development mentioned in schedule 7A, part 1, item 4(a)(i)(A), (b)(iv) and (c)(iii), the total of the assessment manager application fee components for the relevant aspects is $11291. (3) This section is subject to sections 21D and 21E. Page 18 21C Assessment manager application fee components for particular applications for waterway barrier works (1) This section applies for a development application if— (a) the application is for more than 1 relevant aspect of development mentioned in schedule 7A, part 1, item 13; and (b) the total of the assessment manager application fee components for the relevant aspects would, but for this section, be more than $11291. (2) Despite section 21A(2), the total of the assessment manager application fee components for the relevant aspects is $11291. Example — For a development application for relevant aspects of development mentioned in schedule 7A, part 1, item 13(a), (b) and (c), the total of the assessment manager application fee components for the relevant aspects is $11291. 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 19] (3) This section is subject to sections 21D and 21E. 21D Assessment manager application fee for particular applications for fast-track development (1) This section applies for a development application if— (a) the application is for a relevant aspect of development that is fast-track development; and (b) the assessment manager application fee for the relevant aspect would, but for this section, be more than $705. (2) Despite sections 21A to 21C, the assessment manager application fee for the relevant aspect is $705. (3) This section is subject to section 21E. 21E Assessment manager application fee for particular applications by non-profit organisations (1) Subsection (2) applies for a development application if— (a) the application is made by a non-profit organisation; and (b) a relevant aspect of development the subject of the application is eligible development. (2) Despite sections 21A to 21D, the assessment manager application fee for the relevant aspect is 50% of the fee that would, but for this section, have applied for the relevant aspect. Examples — 1 For a development application made by a non-profit organisation for a relevant aspect of development 2014 SL No. 149 Page 19

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 19] mentioned in schedule 7A, part 1, item 4(d) that is eligible development, the assessment manager application fee for the relevant aspect, which would but for this section be $11291, is $5645.50. 2 For a development application made by a non-profit organisation for a relevant aspect of development mentioned in schedule 7A, part 1, item 4(d) that is eligible development and fast-track development, the assessment manager application fee for the relevant aspect, which would but for this section be $705, is $352.50. 21F Assessment manager application fee for concurrence agency assessment manager (1) This section applies to a development application mentioned in schedule 6, table 6, item 1. (2) Despite section 21A, the assessment manager application fee for the application is the concurrence agency application fee that would have applied if the assessment manager was a concurrence agency for the application. Subdivision 2 Concurrence agency application fee Page 20 21G Concurrence agency application fee applies for relevant aspects of development—Act, s 272 (1) For section 272(1)(c)(i) of the Act, the prescribed fee (the concurrence agency application fee ) for a development application for an aspect (the relevant aspect ) of development mentioned in schedule 7A, part 2, column 2, is the fee stated in schedule 7A, part 2, column 3, opposite the relevant aspect. (2) However, if the development application is for 2 or more relevant aspects of development, the 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 19] concurrence agency application fee for the application is each fee (each a concurrence agency application fee component ) payable under subsection (1) for each relevant aspect of development. (3) This section is subject to sections 21H to 21L. 21H Concurrence agency application fee for particular building work (1) This section applies for a development application if a relevant aspect of development the subject of the application is building work to which the Queensland Development Code, part 1.4 applies and the work— (a) is in relation to a sewer, water main or stormwater drain; and (b) either— (i) does not comply with an acceptable solution for a relevant performance criteria stated in the part; or (ii) is for a class of building or structure for which the part does not state an acceptable solution. (2) Despite section 21G, the concurrence agency application fee for the relevant aspect is an amount— (a) the concurrence agency considers to be reasonable; and (b) that is not more than the reasonable cost of the concurrence agency performing its functions under the Act for the relevant aspect. 2014 SL No. 149 Page 21

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 19] 21I Concurrence agency application fee components for particular applications for clearing vegetation (1) This section applies for a development application if— (a) the application is for more than 1 relevant aspect of development mentioned in schedule 7A, part 2, item 19; and (b) the total of the concurrence agency application fee components for the relevant aspects would, but for this section, be more than $11291. (2) Despite section 21G(2), the total of the concurrence agency application fee components for the relevant aspects is $11291. Example — For a development application for relevant aspects of development mentioned in schedule 7A, part 2, item 19(a)(i)(A), (b)(iv) and (c)(iii), the total of the concurrence agency application fee components for the relevant aspects is $11291. (3) This section is subject to sections 21K and 21L. Page 22 21J Concurrence agency application fee components for particular applications for waterway barrier works (1) This section applies for a development application if— (a) the application is for more than 1 relevant aspect of development mentioned in schedule 7A, part 2, item 33; and (b) the total of the concurrence agency application fee components for the relevant aspects would, but for this section, be more than $11291. 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 19] (2) Despite section 21G(2), the total of the concurrence agency application fee components for the relevant aspects is $11291. Example — For a development application for relevant aspects of development mentioned in schedule 7A, part 2, item 33(a), (b) and (c), the total of the concurrence agency application fee components for the relevant aspects is $11291. (3) This section is subject to sections 21K and 21L. 21K Concurrence agency application fee for particular applications for fast-track development (1) This section applies for a development application if— (a) the application is for a relevant aspect of development that is fast-track development; and (b) the concurrence agency application fee for the relevant aspect would, but for this section, be more than $705. (2) Despite sections 21G, 21I and 21J, the concurrence agency application fee for the relevant aspect is $705. (3) This section is subject to section 21L. 21L Concurrence agency application fee for particular applications by non-profit organisations (1) Subsection (3) applies for a development application if— (a) the application is made by a non-profit organisation; and 2014 SL No. 149 Page 23

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 19] (b) a relevant aspect of development the subject of the application is eligible development. (2) However, subsection (3) does not apply for a development application to the extent the application is for a relevant aspect of development mentioned in section 21H(1). (3) Despite sections 21G and 21I to 21K, the concurrence agency application fee for the relevant aspect is 50% of the fee that would, but for this section, have applied for the relevant aspect. Examples — 1 For a development application made by a non-profit organisation for a relevant aspect of development mentioned in schedule 7A, part 2, item 19(d) that is eligible development, the concurrence agency application fee for the relevant aspect, which would but for this section be $11291, is $5645.50. 2 For a development application made by a non-profit organisation for a relevant aspect of development mentioned in schedule 7A, part 2, item 19(d) that is eligible development and fast-track development, the concurrence agency application fee for the relevant aspect, which would but for this section be $705, is $352.50. Subdivision 3 Other fees 21M Fee for request to change development approvals—Act, s 370 (1) This section applies to a request to change a development approval (a permissible change request ), made under section 369(1) of the Act, to the chief executive or the Minister as the responsible entity. Page 24 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 20] (2) For section 370(2)(a)(ii) of the Act, the prescribed fee for the permissible change request is— (a) if the development approval was given for a development application mentioned in section 21E(1) or 21L(1)—$705; or (b) otherwise—$1411. 21N Fee for extension request notice for development approvals—Act, s 383 (1) This section applies to an extension request notice for a development approval given to the chief executive as the assessment manager for the development application to which the approval relates. (2) For section 383(3)(c)(ii) of the Act, the prescribed fee that must accompany the extension request notice is— (a) if the development approval was given for an application mentioned in section 21E(1) or 21L(1)—$352; or (b) otherwise—$705. (3) In this section— extension request notice , for a development approval, means a notice, under section 383(1)(b) of the Act, asking the assessment manager to extend a period mentioned in section 341 of the Act for the approval. 20 Amendment of sch 3 (Assessable development, self-assessable development and type of assessment) Schedule 3, part 1, table 4, item 5, column 2, paragraph (b)(iv), from ‘as defined in the Coastal Protection and Management Act’— omit . 2014 SL No. 149 Page 25

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 21 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 12 Note — See also sections 21B to 21E. 3 Development to which application relates Application fee $ Brisbane core port land 1 Development mentioned in the Transport Infrastructure Act, section 283ZP(1)— (a) if the development is consistent with the Brisbane port LUP and requires code assessment (b) if the development is inconsistent with the Brisbane port LUP and requires— (i) code assessment (ii) impact assessment 8 232.00 12 936.00 23 520.00 Page 26 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ Airport land 2 Development mentioned in schedule 6, table 2, item 2 1 411.00 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 (b) otherwise— (i) if the aggregate environmental score for the environmentally relevant activity is 25 or less (ii) if the aggregate environmental score for the environmentally relevant activity is more than 25, but no more than 74 (iii) if the aggregate environmental score for the environmentally relevant activity is more than 74 Vegetation clearing 4 Operational work mentioned in schedule 6, table 3, item 2(a)— 2 823.00 1 411.00 2 823.00 11 291.00 (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 (B) otherwise 5 645.00 2 823.00 (ii) if the total area to be cleared is more than 30ha 11 291.00 (b) for necessary environmental clearing— (i) if the clearing is necessary to restore the ecological and environmental condition of land (ii) if the clearing is necessary to prepare for the likelihood of a natural disaster nil nil 2014 SL No. 149 Page 27

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (iii) if the clearing is necessary to remove contaminants from land (iv) otherwise nil 5 645.00 (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 of less than 5ha, and is for establishing a necessary fence, firebreak, road, vehicular track or necessary built infrastructure (ii) for fodder harvesting 2 823.00 2 823.00 (iii) for thinning 2 823.00 (iv) the clearing of encroachment 2 823.00 (v) necessary for controlling non-native vegetation or declared pests (vi) necessary for ensuring public safety nil nil (d) otherwise 11 291.00 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 141.00 (b) if the work involves interfering with water 5 645.00 6 Operational work mentioned in schedule 6, table 3, item 3A(a)— (a) if all of the following apply— 5 645.00 (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; Page 28 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (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 (c) otherwise 11 291.00 2 823.00 Major hazard facilities 7 Material change of use of premises mentioned in schedule 6, table 3, item 4(a) 11 291.00 Quarrying in a watercourse or lake 8 Development mentioned in schedule 6, table 3, item 5(a) 2 823.00 Tidal works or work within a coastal management district 9 Operational work mentioned in schedule 6, table 3, item 6(a)(i) or (ii)— (a) if 1 or both of the following apply— 5 645.00 (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 (c) for works directly related to the provision of lifesaving or rescue services by a volunteer community organisation (d) otherwise nil nil 2 823.00 Development on Queensland heritage place 10 Development mentioned in schedule 6, table 3, item 7(a)— 2014 SL No. 149 Page 29

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (a) if the development is a material change of use of premises that would result in the premises being comprised of 4 dwellings or less (b) if the development is building work or operational work associated with premises comprised of 4 dwellings or less (c) otherwise nil nil 2 823.00 Aquaculture 11 Material change of use of premises mentioned in schedule 6, table 3, item 10(a)— (a) if the aquaculture— 2 823.00 (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— 5 645.00 (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— 11 291.00 (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— 11 291.00 (i) is carried out on tidal land; and (ii) involves the addition of feed (e) if both of the following apply— 2 823.00 Page 30 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 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; and (C) does not involve aquaculture furniture; (ii) the applicant holds a resource allocation authority for the material change of use (f) if both of the following apply— 5 645.00 (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; and (C) does not involve aquaculture furniture; (ii) the applicant does not hold a resource allocation authority for the material change of use (g) otherwise 11 291.00 Fisheries development other than aquaculture 12 Building work mentioned in schedule 6, table 3, item 11(a) 2 823.00 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— (i) the applicant has a fish movement exemption notice for the application and the notice still applies; (ii) the waterway barrier works— 2 823.00 (A) is to be constructed or raised in a low-risk waterway; and 2014 SL No. 149 Page 31

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (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— (i) the waterway barrier works is a bridge to be constructed in a major-risk waterway; (ii) the waterway barrier works— 5 645.00 (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— (i) the primary purpose of the waterway barrier works is to impound water; (ii) the waterway barrier works— 11 291.00 (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 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 (b) otherwise— 2 823.00 1 411.00 (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 5 645.00 Page 32 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (B) otherwise 11 291.00 (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 (B) otherwise 5 645.00 11 291.00 15 Operational work mentioned in schedule 6, table 3, item 11(a)(iii)— (a) if 1 or more of the following apply— 2 823.00 (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) either or both of the following apply— 5 645.00 (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 (c) either or both of the following apply— 11 291.00 2014 SL No. 149 Page 33

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (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 For a wild river area 16 Development mentioned in schedule 6, table 3, item 12(a) 2 823.00 Development in wetland protection area 17 Development mentioned in schedule 6, table 3, item 13(a) 2 823.00 Decided by the Minister 18 Development mentioned in schedule 6, table 5, item 1 nil Page 34 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] Part 2 Concurrence agency application fees 12 Note — See also sections 21H to 21L. 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 2 823.00 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 1 411.00 (b) if the reconfiguration results in more than 50 lots, but no more than 200 lots (c) otherwise 2 823.00 5 645.00 3 Operational work for which a referral agency is stated in schedule 7, table 2, item 3 2 823.00 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 any vehicular access to a State-controlled road— (i) if the premises are to be comprised of 4 dwellings or less (ii) otherwise 705.00 1 411.00 (b) if the material change of use involves the construction or extension of a driveway to provide vehicular access to a State-controlled road— (i) if the premises are to be comprised of 4 dwellings or less 1 411.00 2014 SL No. 149 Page 35

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (ii) otherwise 2 823.00 (c) for a material change of use of premises not mentioned in paragraph (a) or (b) 5 Operational work for which a referral agency is stated in schedule 7, table 3, item 1A 5 645.00 2 823.00 Coastal management districts 6 Building work for which a referral agency is stated in schedule 7, table 1, item 11 2 823.00 7 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 5 2 823.00 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 4 dwellings or less (b) otherwise nil 2 823.00 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 4 dwellings or less (b) if the development is building work or operational work associated with premises comprised of 4 dwellings or less (c) otherwise nil nil 2 823.00 Public passenger transport 10 Building work for which a referral agency is stated in schedule 7, table 1, item 14 2 823.00 Page 36 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ 11 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 33 1 411.00 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 4 dwellings or less (b) if any part of the land is within 25m of— 705 2 823.00 (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 1 411.00 Railways 13 Building work for which a referral agency is stated in schedule 7, table 1, item 16 14 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 34 2 823.00 2 823.00 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 4 dwellings or less 705.00 (b) otherwise 2 823.00 16 Operational work for which a referral agency is stated in schedule 7, table 3, item 15B 2 823.00 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— 2014 SL No. 149 Page 37

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (a) if the environmentally relevant activity involves intensive animal feedlotting, pig keeping or poultry farming (b) otherwise— (i) if the aggregate environmental score for the environmentally relevant activity is 25 or less (ii) if the aggregate environmental score for the environmentally relevant activity is more than 25, but no more than 74 (iii) if the aggregate environmental score for the environmentally relevant activity is more than 74 Clearing vegetation 18 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 4 2 823.00 1 411.00 2 823.00 11 291.00 5 645.00 19 Operational work for which a referral agency is stated in schedule 7, table 2, item 5, if the operational work is— (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 (B) otherwise 5 645.00 2 823.00 (ii) if the total area to be cleared is more than 30ha 11 291.00 (b) for necessary environmental clearing— (i) if the clearing is necessary to restore the ecological and environmental condition of land (ii) if the clearing is necessary to prepare for the likelihood of a natural disaster (iii) if the clearing is necessary to remove contaminants from land nil nil nil Page 38 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (iv) otherwise 5 645.00 (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 of less than 5ha, and is for establishing a necessary fence, firebreak, road, vehicular track or necessary built infrastructure (ii) for fodder harvesting 2 823.00 2 823.00 (iii) for thinning 2 823.00 (iv) the clearing of encroachment 2 823.00 (v) necessary for controlling non-native vegetation or declared pests (vi) necessary for ensuring public safety nil nil (d) otherwise 11 291.00 20 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 10 5 645.00 Major hazard facilities 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 5 645.00 (ii) otherwise 705.00 Taking or interfering with water 22 Operational work for which a referral agency is stated in schedule 7, table 2, item 9— 2014 SL No. 149 Page 39

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (a) if the work is for the taking of water 141.00 (b) if the work is for interfering with water 5 645.00 Interfering with water in drainage and embankment areas or wild river floodplain management areas 23 Operational work for which a referral agency is stated in schedule 7, table 2, item 10 1 411.00 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— 5 645.00 (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 (c) otherwise 11 291.00 2 823.00 Removal of quarry material 25 Development for which a referral agency is stated in schedule 7, table 2, item 12 2 823.00 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— 5 645.00 Page 40 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (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) 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 (c) for works directly related to the provision of lifesaving or rescue services by a volunteer community organisation (d) that is tidal works for a private purpose nil nil 705.00 (e) otherwise 2 823.00 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 construction of an artificial waterway (b) if the lot— 11 291.00 11 291.00 (i) is more than 2ha; and (ii) is to be reconfigured to create 10 or more lots (c) otherwise 5 645.00 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 1 411.00 (b) otherwise 11 291.00 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 2014 SL No. 149 Page 41

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ 30 Development 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 (b) otherwise— 1 411.00 (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 (B) otherwise 5 645.00 11 291.00 (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 (B) otherwise 5 645.00 11 291.00 31 Development for which a referral agency is stated in schedule 7, table 2, item 26— (a) if the applicant holds a resource allocation authority for all the development (b) otherwise— 1 411.00 (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 (B) otherwise 5 645.00 11 291.00 (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 5 645.00 Page 42 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (B) otherwise 11 291.00 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— 2 823.00 (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— 5 645.00 (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— 11 291.00 (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— 11 291.00 (i) is carried out on tidal land; and (ii) involves the addition of feed (e) if both of the following apply— 2 823.00 (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; and 2014 SL No. 149 Page 43

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (C) does not involve aquaculture furniture; (ii) the applicant holds a resource allocation authority for the material change of use (f) if both of the following apply— 5 645.00 (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; and (C) does not involve aquaculture furniture; (ii) the applicant does not hold a resource allocation authority for the material change of use (g) otherwise 2 823.00 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— (i) the applicant has a valid fish movement exemption notice for the application and the notice still applies; (ii) the waterway barrier works— 2 823.00 (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— (i) the waterway barrier works is a bridge to be constructed in a major-risk waterway; 5 645.00 Page 44 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (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— (i) the primary purpose of the waterway barrier works is to impound water; (ii) the waterway barrier works— 11 291.00 (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 Removal, destruction or damage of marine plants 34 Development for which a referral agency is stated in schedule 7, table 2, item 30— 2 823.00 (a) if 1 or more of the following apply— 2 823.00 (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— 5 645.00 (i) the development— 2014 SL No. 149 Page 45

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (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— 11 291.00 (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 35 Development for which a referral agency is stated in schedule 7, table 2, item 31— (a) if 1 or more of the following apply— 2 823.00 (i) the development is, or involves, the removal, destruction or damage of marine plants covering an area of less than 25m 2 ; Page 46 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 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— 5 645.00 (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— 11 291.00 (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 2014 SL No. 149 Page 47

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ 36 Development for which a referral agency is stated in schedule 7, table 2, item 32— (a) if 1 or more of the following apply— 2 823.00 (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— 5 645.00 (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— 11 291.00 (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; Page 48 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (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— 2 823.00 (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— 5 645.00 (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— 11 291.00 2014 SL No. 149 Page 49

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 21] 12 3 Development to which application relates Application fee $ (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 State-controlled transport tunnels 38 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 34A 5 645.00 39 Development for which a referral agency is stated in schedule 7, table 3, item 15C 5 645.00 Regional plans 40 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 39 1 411.00 41 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 12 1 411.00 Certain agricultural or animal husbandry activities in a wild river area 42 Development for which a referral agency is stated in schedule 7, table 2, item 41 2 823.00 43 Development for which a referral agency is stated in schedule 7, table 2, item 42 2 823.00 Land in or near a wetland Page 50 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 22] 12 3 Development to which application relates Application fee $ 44 Development for which a referral agency is stated in schedule 7, table 2, item 43A 2 823.00 45 Development for which a referral agency is stated in schedule 7, table 2, item 43B 2 823.00 46 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 21A 2 823.00 Construction of new levees or modification of existing levees 47 Operational work for which a referral agency is stated in schedule 7, table 2, item 48 11 291.00 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 2 823.00 (b) otherwise 5 645.00 Land designated for community infrastructure 49 Development for which a referral agency is stated in schedule 7, table 3, item 6 2 823.00 22 Amendment of sch 26 (Dictionary) (1) Schedule 26, definitions bankfull width , beach replenishment , concurrence agency application fee , fish habitat management operational policy , fisheries department , mainstream waterway , maintenance works declared fish habitat area code , major tributary , minor waterway barrier works code , registered area of agriculture map , regrowth vegetation , regrowth clearing authorisation , regrowth vegetation code , regrowth vegetation map , residence , scour protection component and temporary waterway barrier works code — 2014 SL No. 149 Page 51

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 22] omit . (2) Schedule 26— insert — accepted failure impact assessment , for a dam mentioned in schedule 7A, means a failure impact assessment for the dam accepted by the chief executive administering the WaterSupply(SafetyandReliability)Act2008 under section 349 of that Act. aggregate environmental score , for schedule 7A, see the EnvironmentalProtectionRegulation2008 , section 14. aquaculture furniture , for schedule 7A, see the Fisheries Act, schedule. assessment manager application fee component see section 21A(2). concurrence agency application fee see section 21G(1). concurrence agency application fee component see section 21G(2). construction work , for schedule 7A, see the BuildingandConstructionIndustryPaymentsAct 2004 , section 10. dwelling means a dwelling house or dwelling unit as defined under the standard planning scheme provisions. eligible development means development for— (a) an educational establishment; or (b) outdoor sporting or recreational purposes; or (c) a residential care facility; or (d) any of the following, as defined under the standard planning scheme provisions— Page 52 2014 SL No. 149

2014 SL No. 149 Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 22] (i) a place of worship; (ii) a community care centre; (iii) a community residence; (iv) a community use; (v) emergency services; (vi) an outstation. erosion prone area see the CoastalProtectionand Management Act, schedule. failure impact assessment see the Water Supply(Safety and Reliability) Act 2008 , section 342(1). fast-track development means development that meets the criteria stated in the State development assessment provisions for fast-track development. high-risk waterway , for schedule 7A, means a waterway shown in the waterways spatial data layer as a high-risk waterway. intensive animal feedlotting , for schedule 7A, means a relevant activity mentioned in the EnvironmentalProtectionRegulation2008 , schedule 2, section 2. low-risk waterway , for schedule 7A, means a waterway shown in the waterways spatial data layer as a low-risk waterway. major-risk waterway , for schedule 7A, means a waterway shown in the waterways spatial data layer as a major-risk waterway. moderate-risk waterway , for schedule 7A, means a waterway shown in the waterways spatial data layer as a moderate-risk waterway. non-profit organisation means an incorporated organisation that— Page 53

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 22] Page 54 (a) is not operating for the profit or gain, either direct or indirect, of its individual members; and (b) is engaged in activities for a charitable, religious or sporting purpose. pig keeping , for schedule 7A, means a relevant activity mentioned in the EnvironmentalProtectionRegulation2008 , schedule 2, section 3. population at risk , for schedule 7A, see the WaterSupply(SafetyandReliability)Act2008 , section 346(2). poultry farming , for schedule 7A, means a relevant activity mentioned in the EnvironmentalProtectionRegulation2008 , schedule 2, section 4. relevant aspect , of development the subject of a development application— (a) for an assessment manager application fee—see section 21A(1); or (b) for a concurrence agency application fee—see section 21G(1). tidal land , for schedule 7A, see the Fisheries Act, schedule. tier 3 major hazard facility , for schedule 7A, see the Work Health and Safety Regulation 2011 , schedule 19. unmapped tidal waterway , for schedule 7A, means a tidal waterway not shown in the waterways spatial data layer. waterways spatial data layer , means the document called ‘Queensland waterways for waterway barrier works’, made by the department in which the Fisheries Act is 2014 SL No. 149

Sustainable Planning Amendment Regulation (No. 4) 2014 Part 3 Amendments commencing on 4 August 2014 [s 22] administered and published on the Queensland Government Information Service website. Note — The Queensland Government Information Service website is <dds.information.qld.gov.au/DDS/>. (3) Schedule 26, definition loss of capacity , ‘in relation to operational work,’— omit. ENDNOTES 1 Made by the Governor in Council on 3 July 2014. 2 Notified on the Queensland legislation website on 4 July 2014. 3 The administering agency is the Department of State Development, Infrastructure and Planning. © State of Queensland 2014 Authorised by the Parliamentary Counsel 2014 SL No. 149 Page 55