Sustainable Planning Regulation 2009 (QLD)
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Sustainable Planning Regulation 2009
Part 1 Preliminary
1 Short title
This regulation may be cited as the Sustainable Planning Regulation 2009.
2 Commencement
This regulation commences on 18 December 2009.
3 Definitions
The dictionary in schedule 26 defines particular words used in this regulation.
Part 2 Prescribed matters for Act, chapters 2 to 5
4 Designated regions—Act, s 32
(1)The local government areas, or parts of the local government areas, of each group of local governments mentioned in a part of schedule 1 are prescribed as a designated region for section 32(1)(a) of the Act.(2)Each designated region has the name given in schedule 1.
4A Guideline for reviewing LGIP—Act, s 94A
For section 94A(2)(b) of the Act, the guidelines for conducting an LGIP review are contained in the following documents published by the department—(a)‘Statutory guideline 03/14—Local government infrastructure plans’, dated 12 June 2014;(b)‘Statutory guideline 01/16—Making and amending local planning instruments’, dated 19 April 2016.
5 Guideline for making or amending planning scheme or planning scheme policy—Act, s 117(1)
For section 117(1)(b) of the Act, the guideline for making or amending a planning scheme or planning scheme policy is contained in the document called ‘Statutory guideline 01/16—Making and amending local planning instruments’, dated 19 April 2016 and published by the department.
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 01/16—Making and amending local planning instruments’, dated 19 April 2016 and published by the department.
8 Community infrastructure—Act, s 200
Community infrastructure stated in schedule 2 is prescribed for section 200 of the Act.
Part 3 Prescribed matters for IDAS
Division 1 General
9 Assessable development, self-assessable development and type of assessment—Act, s 232
(1)For section 232(1) of the Act—(a)development stated in schedule 3, part 1, column 2 is assessable development; and(b)development stated in schedule 3, part 2, is self-assessable development.(2)For section 232(3) of the Act, schedule 3, part 1, column 3 identifies the type of assessment for the development stated opposite in column 2.
9A Particular development not assessable development or self-assessable development
(1)This section applies for development, other than relevant building work, carried out on or before 30 June 2015 for the construction, installation, use, maintenance, repair, alteration, decommissioning, demolition or removal of G20 radiocommunications works.(2)The development is not assessable development or self-assessable development for section 232(1) of the Act.(3)This section applies despite section 9.(4)In this section—relevant building work means development—(a)requiring code assessment under schedule 3, part 1, table 1, item 1; or(b)that is self-assessable development under schedule 3, part 2, table 1, item 1 or 2.
10 Development that can not be declared to be development of a particular type—Act, s 232
Development mentioned in schedule 4 is prescribed for section 232(2) of the Act.
10A Prescribed matters for particular applications—Act, ss 255A, 255B and 255C
(1)For each of sections 255A(2)(b), 255B(2)(b) and 255C(2)(b) of the Act, subsection (2) provides for the prescribed matters for assessing, as relevant—(a)a part of an application to which section 255A(1)(b) or 255B(1)(b) of the Act applies; or(b)an application to which section 255C(1) of the Act applies.(2)The prescribed matters are the relevant provisions of the State development assessment provisions that were in effect when the application was properly made.
11 Applicable codes, laws, policies and prescribed matters for development
Schedule 5, parts 1 and 2, column 2 identifies the codes, laws, policies and prescribed matters that may apply for assessing the aspect of development mentioned opposite in column 1.
12 Assessment manager for development applications—Act, s 246
(1)This section prescribes, for section 246(1) of the Act, the assessment manager for a development application.(2)For a development application for—(a)a material change of use for a wind farm and no other assessable development, the assessment manager is the chief executive; or(b)a material change of use for a wind farm and other assessable development—(i)if the other assessable development is prescribed assessable development only, the assessment manager is the chief executive; or(ii) otherwise—the assessment manager is the entity decided by the Minister.(3)For a development application other than an application mentioned in subsection (2), schedule 6, column 2 states the assessment manager for the development application mentioned opposite the assessment manager in column 1.(4)In this section—prescribed assessable development means assessable development for which, if a separate development application were made for the development, the chief executive would be the assessment manager.
13 Referral agencies and their jurisdictions—Act, ss 250, 251 and 254
For sections 250(a), 251(a) and 254(1) of the Act—(a)schedule 7, column 2 states the referral agency, and whether it is an advice agency or a concurrence agency, for the development application mentioned in column 1; and(b)schedule 7, column 3 states the jurisdiction of the referral agency mentioned in column 2.
14 [Repealed]
15 Referral agency assessment period—Act, s 283
For section 283(1)(a) of the Act, schedule 15, column 2 states the number of business days for the referral agency mentioned opposite the number in column 1.
16 Requirements for placing public notices on land—Act, s 297
(1)This section prescribes, for section 297(1)(b) of the Act, requirements for placing a notice on land.(2)The notice must be—(a)placed on, or within 1500mm of, the road frontage for the land; and(b)mounted at least 300mm above ground level; and(c)positioned so that it is visible from the road; and(d)made of weatherproof material; and(e)at least 900mm in height and 1200mm in width.(3)The lettering on the notice must be as stated on the approved form of the notice.(4)If the land has more than 1 road frontage, a notice must be placed on each road frontage for the land.(5)The applicant must maintain the notice from the day it is placed on the land until the end of the notification period.(6)In this section—road frontage, for land, means—(a)the boundary between the land and any road adjoining the land; or(b)if the only access to the land is across other land—the boundary between the other land and any road adjoining the other land at the point of access.
17 [Repealed]
Division 2 Compliance assessment
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(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.
19 Compliance assessment of plans for reconfiguring a lot—Act, ss 397 and 415
(1)For section 397(1) and (3) of the Act, schedule 19 prescribes—(a)a particular document that requires compliance assessment; and(b)the matters or things against which the document must be assessed; and(c)the entity to whom the request for compliance assessment must be made; and(d)when the request for compliance assessment must be made.(2)For section 415 of the Act—(a)schedule 19 also prescribes additional actions that must be taken by the compliance assessor in relation to the assessment of the document; and(b)a compliance certificate must be in the form required under the Land Title Act 1994 for registration of a plan of subdivision.
20 When notice of decision about compliance assessment must be given—Act, s 408
For section 408(1) of the Act, the prescribed period is—(a)for compliance assessment of development or a subdivision plan requiring compliance assessment under schedule 18 or 19—20 business days after the local government receives the request for compliance assessment; or(b)if the compliance assessor is a public sector entity or a local government and paragraph (a) does not apply—15 business days after receiving the request for compliance assessment; or(c)if the compliance assessor is a nominated entity of a local government and a copy of the request for compliance assessment is given to the local government under section 402 of the Act—the period of at least 20 business days agreed between the entity and the person making the request for compliance assessment; or(d)if the compliance assessor is a nominated entity of a local government and paragraph (c) does not apply—the period agreed between the entity and the person making the request for compliance assessment.
21 Prescribed period—Act, s 409
For section 409(2)(b) of the Act, the prescribed period for a compliance permit is—(a)if the permit is for a material change of use or reconfiguring a lot requiring operational works—4 years after the day it takes effect; or(b)otherwise—2 years after the day it takes effect.
Division 3 Fees
Subdivision 1A Preliminary
21AA Definition for div 3
In this division—registered non-profit organisation means an incorporated organisation that is—(a)currently recorded in the register kept under the Collections Act 1966, part 6; orEditor’s note—
The register of charities kept under the Collections Act 1966 can be inspected on the website of the Office of Fair Trading.(b)currently recorded in a register kept under a law of another State substantially corresponding to the register kept under the Collections Act 1966, part 6; or(c)a registered entity within the meaning of the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth).Editor’s note—
The Australian Charities and Not-for-profits Register kept under the Australian Charities and Not-for-profits Commission Act 2012 (Cwlth) can be inspected on the website of the Australian Charities and Not-for-profits Commission.
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(b)the total of the assessment manager application fee components for the relevant aspects would, but for this section, be more than $12,095.(2)Despite section 21A(2), the total of the assessment manager application fee components for the relevant aspects is $12,095.Example—
For a development application for relevant aspects of development mentioned in schedule 7A, part 1, item 4(a)(i)(A), (b)(ii) and (c)(iii), the total of the assessment manager application fee components for the relevant aspects is $12,095.(3)This section is subject to sections 21D and 21E.
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 $12,095.(2)Despite section 21A(2), the total of the assessment manager application fee components for the relevant aspects is $12,095.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 $12,095.(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 $756.(2)Despite sections 21A to 21C, the assessment manager application fee for the relevant aspect is $756.(3)This section is subject to section 21E.
21E Assessment manager application fee for applications by registered non-profit organisations
(1)Subsection (2) applies for a development application for a relevant aspect of development if the application is made by a registered non-profit organisation.(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—
1For a development application made by a registered non-profit organisation for a relevant aspect of development mentioned in schedule 7A, part 1, item 4(d), the assessment manager application fee for the relevant aspect, which would but for this section be $12,095, is $6048.2For a development application made by a registered non-profit organisation for a relevant aspect of development mentioned in schedule 7A, part 1, item 4(d) that is fast-track development, the assessment manager application fee for the relevant aspect, which would but for this section be $756, is $378.
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
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 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.
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 $12,095.(2)Despite section 21G(2), the total of the concurrence agency application fee components for the relevant aspects is $12,095.Example—
For a development application for relevant aspects of development mentioned in schedule 7A, part 2, item 19(a)(i)(A), (b)(ii) and (c)(iii), the total of the concurrence agency application fee components for the relevant aspects is $12,095.(3)This section is subject to sections 21K and 21L.
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 $12,095.(2)Despite section 21G(2), the total of the concurrence agency application fee components for the relevant aspects is $12,095.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 $12,095.(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 $756.(2)Despite sections 21G, 21I and 21J, the concurrence agency application fee for the relevant aspect is $756.(3)This section is subject to section 21L.
21L Concurrence agency application fee for applications by registered non-profit organisations
(1)Subsection (3) applies for a development application for a relevant aspect of development if the application is made by a registered non-profit organisation.(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—
1For a development application made by a registered non-profit organisation for a relevant aspect of development mentioned in schedule 7A, part 2, item 19(d), the concurrence agency application fee for the relevant aspect, which would but for this section be $12,095, is $6048.2For a development application made by a registered non-profit organisation for a relevant aspect of development mentioned in schedule 7A, part 2, item 19(d) that is fast-track development, the concurrence agency application fee for the relevant aspect, which would but for this section be $756, is $378.
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.(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)—$756; or(b)otherwise—$1511.
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)—$378; or(b)otherwise—$756.(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.
Part 4 Prescribed matters for Act, chapter 7
22 Court fees
The fees payable for a proceeding in the court are stated in schedule 20.
23 Building and development committee fees—Act, ss 514 and 536
For sections 514(2) and 536(2) of the Act, the fees payable for proceedings before a building and development committee for a declaration or an appeal are stated in schedule 21.
24 Building and development committee fast-track fee—Act, ss 515 and 537
(1)This section prescribes the fee to accompany a request under section 515(2) or 537(2) of the Act to the chief executive to appoint a building and development committee to start hearing proceedings for a declaration or an appeal within 2 business days after starting the proceedings or appeal.(2)The fee payable under this section is 50% of, and is in addition to, the fee payable for the proceedings or appeal under section 23.(3)However, if the chief executive refuses the request, the fee must be refunded.
25 Jurisdiction of building and development committees—Act, s 526
A decision about a part of a building development application for which part the local government is the concurrence agency is prescribed for section 526(c) of the Act.
26 Qualifications of general referee—Act, s 571
(1)For section 571 of the Act, each of the following qualifications or experience for a member of a building and development committee that is to hear and decide a matter is prescribed for the matter—(a)a demonstrated ability—(i)to negotiate and mediate outcomes between parties to an appeal; and(ii)to apply the principles of natural justice; and(iii)to analyse complex technical issues; and(iv)to communicate effectively, including, for example, to write informed, succinct, and well-organised reports, submissions, decisions or other documents;(b)demonstrated knowledge of at least 1 of the following the Minister considers is sufficient to enable the person to perform the functions of a member of the building and development committee in relation to the matter—(i)building design and construction;(ii)siting of residential buildings;(iii)neighbourhood amenity issues;(iv)relevant health or fire safety issues;(v)the Act, the Building Act or the Plumbing and Drainage Act 2002;(vi)the BCA, Queensland Development Code, or Australian Standards relating to building work;(vii)the National Plumbing and Drainage Code, or the Australian Standards relating to plumbing and drainage work.(2)Subsection (3) applies if the matter is about an infrastructure charges notice, regulated infrastructure charges notice, adopted infrastructure charges notice or regulated State infrastructure charges notice.(3)A member of the building and development committee need not have the qualifications or experience mentioned in subsection (1)(b) if the Minister considers the member has a qualification or experience in engineering or accounting sufficient to enable the person to perform the functions of a member of the committee in relation to the matter.(4)If the matter is about a part of a building development application for which part the local government is the concurrence agency, and the part is assessed against the planning scheme, at least 1 member of the building and development committee must also have—(a)a university qualification in town planning; and(b)substantial experience in interpreting and applying provisions of a planning scheme.(5)If the matter is about a development application for a material change of use of premises that involves the use of a class 1, class 2 or class 10 building, at least 1 member of the building and development committee must also have—(a)a university qualification in town planning or law; and(b)substantial experience in interpreting and applying provisions of a planning scheme.(6)If the matter is about development, a document or work requiring compliance assessment, at least 1 member of the building and development committee must also have a university or professional qualification relevant for hearing and deciding the matter.
Part 5 Prescribed matters for Act, chapter 8
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.
29 [Repealed]
30 [Repealed]
Part 6 Prescribed matters for environmental impact statements
31 Definitions for pt 6
In this part—Commonwealth Minister means the Minister of the Commonwealth responsible for administering the Commonwealth Environment Act.designated proponent, for development, means the person designated as a proponent for the development under the Commonwealth Environment Act, section 75(3).relevant impacts has the meaning given by the Commonwealth Environment Act, section 82.
32 Development for which EIS process applies—Act, s 688
(1)Development is prescribed for section 688 of the Act if—(a)the Commonwealth Minister has, under the Commonwealth Environment Act—(i)decided the approach for assessing the relevant impacts of the development is assessment by an accredited assessment process; and(ii)given notice of the decision; orNote—
See the Commonwealth Environment Act, chapter 4, part 8, division 3 (Decision on assessment approach).(b)the relevant impacts of the development are to be assessed under a bilateral agreement.(2)However, the development must be development for which the chief executive decides an EIS is required.(3)Any steps or actions taken in the EIS process before the action mentioned in subsection (1)(a) happens are taken to have complied with this part.(4)In this section—bilateral agreement see the Commonwealth Environment Act, section 45(2).
33 Criteria for making decision about requirement for EIS
In making a decision under section 32(2), the chief executive must consider—(a)the importance of the development to the State or part of the State; and(b)the complexity of the development including—(i)the size or nature of the development; and(ii)the number of entities or local government areas potentially affected by the development; and(c)the significance of the potential environmental, economic and social impacts of the development.
34 Criteria for public notification of draft terms of reference for EIS—Act, s 691
For section 691(1)(b) of the Act, the criteria for public notification of draft terms of reference for an EIS are—(a)the complexity of the matters mentioned in the application for terms of reference for the EIS; and(b)the likely level of public interest in the draft terms of reference.
35 Content of draft terms of reference for EIS and draft EIS—Act, ss 691 and 694
(1)For sections 691(3)(f) and 694(1)(a)(v) of the Act, each of the following matters must be stated in a notice—(a)the development’s name;(b)the proponent’s name;(c)if the proponent and designated proponent for the development are not the same entity—the designated proponent’s name;(d)the development’s location;(e)any matter mentioned in the Commonwealth Environment Act, section 34, and protected by a controlling provision for the development.(2)In this section—controlling provision, for development, means a provision of the Commonwealth Environment Act, chapter 2, part 3, decided by the Commonwealth Minister as a controlling provision for the development under chapter 4, part 7, division 2 of that Act.
36 Public notification of draft terms of reference for EIS and draft EIS—Act, ss 691 and 694
For sections 691(4) and 694(2) of the Act, a notice must be published—(a)in a newspaper circulating throughout Australia; and(b)in a newspaper circulating generally in the State.
37 Matters for inclusion in draft EIS—Act, s 693
For section 693(2) of the Act, the draft EIS must include the matters mentioned in the Environment Protection and Biodiversity Conservation Regulations 2000 (Cwlth), schedule 4.
38 Content of EIS assessment report—Act, s 699
(1)For section 699(e) of the Act, an EIS assessment report about an EIS for development must contain each of the following—(a)the development’s name;(b)the name of the designated proponent for the development;(c)the development’s location;(d)a description of any matters of national environmental significance;(e)a summary of the relevant impacts of the development;(f)a description of feasible mitigation measures, or changes to the development or procedures, to prevent or minimise the development’s relevant impacts, proposed by the proponent or suggested in relevant submissions;(g)to the extent practicable, a description of feasible alternatives to the development identified in the EIS process, and the likely impact of the alternatives on matters of national environmental significance;(h)a statement of conditions of approval for the development that may be imposed to address impacts, identified in the EIS process, on matters of national environmental significance.(2)In this section—matters of national environmental significance means matters of national environmental significance mentioned in the Commonwealth Environment Act, chapter 2, part 3, division 1.relevant submissions means properly made submissions, or other submissions accepted by the chief executive under section 695 of the Act.
39 To whom EIS and other material must be given—Act, s 700
For section 700(d) of the Act, the entity is the Commonwealth Minister.
Part 7 Miscellaneous provisions
40 When structure plan arrangements apply to premises
(1)For this regulation, structure plan arrangements apply to premises if—(a)the premises is completely or partly in a declared master planned area; and(b)a structure plan is in effect for the area; and(c)an entity that would have been a referral agency or the assessment manager for a development application relating to the premises is stated as a coordinating agency or a participating agency in the master planned area declaration or structure plan for the area.(2)In this section—amending Act means the Sustainable Planning and Other Legislation Amendment Act (No. 2) 2012.coordinating agency means a coordinating agency as defined under the Act as in force before the enactment of the amending Act.declared master planned area means a declared master planned area continued in existence under chapter 10, part 6 of the Act.master planned area declaration means a declaration made under section 133 of the Act, as in force before the enactment of the amending Act, that identified an area as a declared master planned area.participating agency means a participating agency as defined under the Act as in force before the enactment of the amending Act.structure plan, for a declared master planned area, means the structure plan for the area continued in existence under chapter 10, part 6 of the Act.
40AA [Repealed]
40A Prescribed information and documents for development applications—Act, s 736
For section 736(2)(a) of the Act—(a)the prescribed information is mentioned in schedule 25A, part 1; and(b)the prescribed documents are mentioned in schedule 25A, part 2.
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.
41 Prescribed activities for particular definitions under Act, sch 3
(1)Each of subsections (2) to (5) prescribes an environmentally relevant activity, or an aspect of an environmentally relevant activity, for the definition under the Act, schedule 3, stated in the subsection.(2)For the definition crude oil or petroleum product storage ERA, the environmentally relevant activity is chemical storage under the Environmental Protection Regulation 2008, schedule 2, section 8(1)(c).(3)For the definition dredging ERA, the environmentally relevant activity is extractive and screening activities under the Environmental Protection Regulation 2008, schedule 2, section 16(1)(a).(4)For the definition extraction ERA, the environmentally relevant activity is extractive and screening activities under the Environmental Protection Regulation 2008, schedule 2, section 16(1)(b) or (c).(5)For the definition screening ERA, the environmentally relevant activity is extractive and screening activities under the Environmental Protection Regulation 2008, schedule 2, section 16(1)(d).
41A References to maintenance covers
For this regulation, a reference to a sewer, stormwater drain or water main includes a maintenance cover for the sewer, water main or stormwater drain.
Part 8 Repeal provision
42 Repeal
The Integrated Planning Regulation 1998, SL No. 57 is repealed.
Part 9 Transitional provisions
Division 1 Transitional provision for Building and Other Legislation Amendment Regulation (No. 4) 2011
43 Applications for building development approval to continue under pre-amended regulation
(1)This section applies if, before the commencement, an application for a building development approval was made but not decided.(2)The pre-amended regulation continues to apply to the application.(3)In this section—commencement means the commencement of this section.pre-amended regulation means this regulation as in force immediately before the commencement.Editor’s Note—
Sections 10 and 11 of the Building and Other Legislation Amendment Regulation (No. 3) 2013 SL No. 257 insert pt 9 div 1 hdg and div 2 (s 44) on commencement of those provisions.
Division 2 Transitional provision for Building and Other Legislation Amendment Regulation (No. 3) 2013
44 Development applications involving child care centres
Schedule 7, table 1, item 10, as in force immediately before the commencement of this section, continues to apply to development applications mentioned in that item that were made before the commencement.
Division 3 Transitional Provision for Sustainable Planning Amendment Regulation (No. 7) 2013
45 Clearing of particular vegetation not assessable development
(1)This section applies if a development approval for a material change of use or reconfiguring a lot is given for a development application—(a)made after 4 October 2004 and before 1 July 2013 for which the chief executive administering the Vegetation Management Act is a concurrence agency for clearing vegetation; or(b)made from 1 July 2013 for which the chief executive is a concurrence agency for clearing vegetation.(2)Clearing of vegetation under the approval is taken to be clearing under schedule 24, part 1, section 1(1).
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—(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.
Schedule 1 Designated regions
section 4
Part 1 SEQ region
Brisbane
Gold Coast
Ipswich
Lockyer Valley
Logan
Moreton Bay
Noosa
Redland
Scenic Rim
Somerset
Sunshine Coast
the part of the local government area of Toowoomba Regional Council delineated in black on maps SEQ RP 16 and SEQ RP 21 mentioned in schedule 1 of the State planning regulatory provisions included in the document called ‘South East Queensland Regional Plan 2009–2031’ published by the department
Editor’s note—
Maps SEQ RP 16 and SEQ RP 21 are held by the department and are available for inspection by members of the public at the department’s head office.
Part 2 Far North Queensland region
Cairns
Cassowary Coast
Tablelands
Wujal Wujal
Yarrabah
Part 3 North West region
Cloncurry
Flinders
McKinlay
Mount Isa
Richmond
Part 4 Central West region
Barcaldine
Barcoo
Blackall Tambo
Boulia
Diamantina
Longreach
Winton
Part 5 South West region
Bulloo
Murweh
Paroo
Quilpie
Part 6 Maranoa—Balonne region
Balonne
Maranoa
Part 7 Wide Bay Burnett region
Bundaberg
Cherbourg
Fraser Coast
Gympie
North Burnett
South Burnett
Part 8 Mackay, Isaac and Whitsunday region
Isaac
Mackay
Whitsunday
Part 9 Central Queensland region
Banana
Central Highlands
Gladstone
Rockhampton
Woorabinda
Part 10 Darling Downs region
Balonne
Goondiwindi
Maranoa
Southern Downs
Toowoomba
Western Downs
Part 11 Cape York region
Aurukun
Cook
Hope Vale
Kowanyama
Lockhart River
Mapoon
Napranum
Northern Peninsula Area
Pormpuraaw
Weipa Town Authority
Wujal Wujal
Part 12 North Queensland region
Burdekin
Charters Towers
Hinchinbrook
Palm Island
Townsville
Schedule 2 Community infrastructure
section 8
Part 1 Community infrastructure for transport
1active transport infrastructure
2air transport infrastructure
3ancillary works and encroachments
4busway transport infrastructure
5light rail transport infrastructure
6miscellaneous transport infrastructure
7public marine transport infrastructure
8rail transport infrastructure
9roads on State toll road corridor land
10State-controlled roads
11transport infrastructure mentioned in schedule 3 of the Act, definition development infrastructure
12wharves, public jetties, port facilities and navigational facilities
13storage and works depots and similar facilities, including administrative facilities associated with the provision or maintenance of the community infrastructure mentioned in this part
14any other facility for transport not mentioned in this part that is intended primarily to accommodate government functions
Part 2 Other community infrastructure
1aged-care facilities
2cemeteries and crematoriums
3communication network facilities
4community and cultural facilities, including facilities where an education and care service under the Education and Care Services National Law (Queensland) is operated or a QEC approved service under the Education and Care Services Act 2013 is operated, community centres, meeting halls, galleries and libraries
5correctional facilities
6educational facilities
7emergency services facilities
8facilities for parks and recreation
9hospitals and associated institutions
10oil and gas pipelines
11operating works under the Electricity Act 1994
12sporting facilities
13waste management facilities
14water cycle management infrastructure
15storage and works depots and similar facilities, including administrative facilities associated with the provision or maintenance of the community infrastructure mentioned in this part
16any other facility not mentioned in this part that is intended primarily to accommodate government functions
Schedule 3 Assessable development, self-assessable development and type of assessment
section 9
Part 1 Assessable development
Table 1—Building work | ||
Column 1 | Column 2 | Column 3 |
For the Building Act | ||
1 | For assessing building work under the Building Act, building work that is not— (a) self-assessable development under part 2; and (b) declared under the Building Act to be exempt development | Code assessment |
For declared fish habitat area | ||
2 | Building work in a declared fish habitat area if it is not self-assessable development under part 2 | Code assessment, if the chief executive is the assessment manager |
Table 2—Material change of use of premises | ||
Column 1 | Column 2 | Column 3 |
For an environmentally relevant activity | ||
1 | Making a material change of use of premises for an environmentally relevant activity that, under the Environmental Protection Regulation 2008, section 16, is identified as a concurrence ERA (the relevant ERA), unless— (a) an environmental authority to carry out a concurrence ERA has been approved for the premises; and (b) the relevant ERA and concurrence ERA mentioned in paragraph (a) are to be carried out under the environmental authority; and (c) under the Environmental Protection Regulation 2008, section 14(1), the relevant ERA has a lower aggregate environmental score than the concurrence ERA mentioned in paragraph (a) | For a concurrence ERA that is devolved to a local government under the Environmental Protection Regulation 2008, code assessment if the local government is the assessment manager For all other environmentally relevant activities, code assessment if the chief executive is the assessment manager |
For a brothel | ||
2 | Making a material change of use of premises for a brothel | Code assessment, if premises in an industrial area or on strategic port land Impact assessment, if premises in an area other than an industrial area or on strategic port land unless a local planning instrument, or amendment of a local planning instrument made after 1 July 2000, requires code assessment |
On strategic port land | ||
3 | Making a material change of use of premises on strategic port land that is inconsistent with the land use plan approved under the Transport Infrastructure Act, section 286 | Code assessment |
On airport land | ||
4 | Making a material change of use of premises on airport land that is inconsistent with the land use plan approved under the Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1 | Code assessment, unless the land use plan requires impact assessment Impact assessment, if the land use plan requires impact assessment |
For a major hazard facility | ||
5 | Making a material change of use of premises for a major hazard facility or proposed major hazard facility | Code assessment, if the chief executive is the assessment manager |
For aquaculture | ||
10 | Making a material change of use of premises for aquaculture if it is not self-assessable development under part 2 | Code assessment, if the chief executive is the assessment manager |
For a wind farm | ||
11 | Making a material change of use of premises for a wind farm, unless all of the premises comprise land designated for community infrastructure for operating works under the Electricity Act 1994 for a wind farm | Code assessment, if— (a) all wind turbines for the wind farm are at least 1500m from a sensitive land use on a non-host lot; or (b) 1 or more wind turbines for the wind farm are less than 1500m from a sensitive land use on a non-host lot and the owner of the non-host lot has, by deed, agreed to the turbines being less than 1500m from the sensitive land useNote for paragraph (b)—See the Property Law Act 1974, section 45 for the formal requirements for deeds executed by individuals.Impact assessment, for all other circumstances |
Adjoining a Queensland heritage place | ||
12 | Making a material change of use of premises, other than an excluded material change of use or PDA-related development, on a lot that— (a) shares a common boundary with another lot that is or contains a Queensland heritage place; or (b) contains a Queensland heritage place, if the material change of use is on a part of the lot that is not a Queensland heritage place. | Code assessment |
Table 3—Reconfiguring a lot | ||
Column 1 | Column 2 | Column 3 |
Under the Land Title Act 1994 | ||
1 | Reconfiguring a lot under the Land Title Act 1994, unless the reconfiguration requires compliance assessment under schedule 18, the reconfiguration is under a relevant instrument of lease or the plan of subdivision necessary for the reconfiguration— (a) is a building format plan of subdivision that does not subdivide land on or below the surface of the land; or (b) is for the amalgamation of 2 or more lots; or (c) is for the incorporation, under the Body Corporate and Community Management Act 1997, section 41, of a lot with common property for a community titles scheme; or (d) is for the conversion, under the Body Corporate and Community Management Act 1997, section 43, of lessee common property within the meaning of that Act to a lot in a community titles scheme; or (e) is in relation to the acquisition, including by agreement, under the Acquisition Act or otherwise, of land by—(i) a constructing authority, as defined under that Act, for a purpose set out in parts 1 to 13 (other than part 10, second dot point) of the schedule to that Act; or(ii) an authorised electricity entity; or (f) is for land held by the State, or a statutory body representing the State, and the land is being subdivided for a purpose set out in the Acquisition Act, schedule, parts 1 to 13 (other than part 10, second dot point) whether or not the land relates to an acquisition; or (g) is for reconfiguring a lot comprising strategic port land; or | Code assessment, unless a planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies requires impact assessment |
(h) is for reconfiguring a South Bank lot within the corporation area under the South Bank Corporation Act 1989; or (i) is for the Transport Infrastructure Act, section 240; or (j) is in relation to the acquisition of land for a water infrastructure facility; or (k) is for land in a priority development area or that is PDA-associated land for a priority development area; or (l) is for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013 | ||
Table 4—Operational work | ||
Column 1 | Column 2 | Column 3 |
For clearing native vegetation | ||
1 | Operational work that is the clearing of native vegetation on— (a) freehold land; or (b) indigenous land; or (c) any of the following under the Land Act 1994—(i) land subject to a lease;(ii) a road;(iii) trust land, other than indigenous land;(iv) unallocated State land;(v) land subject to a licence or permit; unless the clearing is— (d) on premises to which structure plan arrangements apply; or (e) clearing, or for another activity or matter, mentioned in schedule 24, part 1; or (f) clearing mentioned in schedule 24, part 2 for the particular land | Code assessment, if the chief executive is the assessment manager |
Associated with reconfiguration | ||
2 | Operational work for reconfiguring a lot, other than a lot in a priority development area or a lot that is PDA-associated land for a priority development area, if the reconfiguration is also assessable development | Code assessment |
For taking or interfering with water | ||
3 | Operational work (other than PDA-related development or work carried out on premises to which structure plan arrangements apply) that involves— (a) taking or interfering with water from a watercourse, lake or spring or from a dam constructed on a watercourse or lake, unless—(i) the taking or interfering is permitted under the Water Act 2000, chapter 2, part 3, division 1; or(ii) the work is self-assessable development under part 2; or(iii) the work involves the replacement of a pump if the capacity of the new pump to take water is no greater than the capacity of the existing pump; or(iv) the work involves the installation of a pump to take water under a water entitlement if the water entitlement—(A) is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence granted under the Water Act 2000; or(B) states the rate at which water may be taken; or(v) the interfering is authorised under a water licence and the work complies with the conditions of the licence; or | Code assessment, if the chief executive is the assessment manager |
(b) taking or interfering with underground water through an artesian bore as defined under the Water Act 2000, schedule 4, other than through a monitoring bore; or (c) taking or interfering with underground water through a subartesian bore if the operations are prescribed as assessable development under a regulation under the Water Act 2000; or (f) taking overland flow water, if the operations are prescribed as assessable development under a regulation under the Water Act 2000 | ||
For referable dams | ||
4 | Operational work that is the construction of a dam, or is carried out in relation to a dam, if— (a) because of the work, the dam must be failure impact assessed; and (b) the accepted failure impact assessment for the dam states the dam has, or will have, a category 1 or category 2 failure impact rating | Code assessment, if the chief executive is the assessment manager |
For tidal works, or work within a coastal management district | ||
5 | Operational work (other than excluded work, work that is self-assessable development under part 2, table 4, item 8, PDA-related development or work carried out on premises to which structure plan arrangements apply) that is— (a) tidal works; or (b) any of the following carried out completely or partly within a coastal management district—(i) interfering with quarry material as defined under the Coastal Protection and Management Act on State coastal land above high-water mark;(ii) disposing of dredge spoil or other solid waste material in tidal water;(iii) constructing an artificial waterway;(iv) removing or interfering with coastal dunes on land, other than State coastal land, that is in an erosion prone area | Code assessment, if in a local government tidal area and a local government is the assessment manager Code assessment, if in a coastal management district and the chief executive is the assessment manager |
For constructing or raising waterway barrier works | ||
6 | Operational work that is the constructing or raising of waterway barrier works, other than operational work that is self-assessable development under part 2 or carried out on premises to which structure plan arrangements apply | Code assessment, if the chief executive is the assessment manager |
For works in a declared fish habitat area | ||
7 | Operational work completely or partly within a declared fish habitat area, other than operational work that is self-assessable development under part 2 | Code assessment, if the chief executive is the assessment manager |
For removal, destruction or damage of marine plants | ||
8 | Operational work that is the removal, destruction or damage of a marine plant, other than operational work that is— (a) for reconfiguring a lot that is assessable development under table 3, item 1, if there is a development permit in effect for the reconfiguration; or (b) for a material change of use that is assessable development, if there is a development permit in effect for the change of use; or (c) self-assessable development under part 2; or (d) PDA-related development; or (e) carried out on premises to which structure plan arrangements apply | Code assessment, if the chief executive is the assessment manager |
For a wetland protection area | ||
10 | Operational work that is high impact earthworks in a wetland protection area, other than operational work— (a) for a domestic housing activity; or (b) that is the natural and ordinary consequence of development involving—(i) a material change of use for which the chief executive or the chief executive (environment) was a concurrence agency under schedule 7, table 3, item 21A; or(ii) reconfiguring a lot for which the chief executive or the chief executive (environment) was a concurrence agency under schedule 7, table 2, item 43A; or (c) associated with government supported transport infrastructure or electricity infrastructure | Code assessment, if the chief executive is the assessment manager |
For construction of new levees or modification of existing levees | ||
11 | Operational work that is— (a) construction of a new category 2 levee; or (b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee | Code assessment |
12 | Operational work that is— (a) construction of a new category 3 levee; or (b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 3 levee | Impact assessment |
Table 5—Various aspects of development | ||
Column 1 | Column 2 | Column 3 |
For removal of quarry material | ||
1 | All aspects of development for removing quarry material from a watercourse or lake, other than development that is— (a) PDA-related development; or (b) carried out on premises to which structure plan arrangements apply | Code assessment, if the chief executive is the assessment manager |
Development on Queensland heritage place | ||
2 | All aspects of development on a Queensland heritage place, other than development— (a) for which an exemption certificate under the Queensland Heritage Act 1992 has been issued by the chief executive of the department in which that Act is administered; or (b) that, under section 78 of that Act, is liturgical development; or (c) carried out by the State; or (d) that is PDA-related development; or (e) carried out for the cross river rail project | Code assessment, if the chief executive is the assessment manager |
Development on local heritage place | ||
3 | (1) All aspects of development on a local heritage place, other than—(a) development that is self-assessable development under part 2, table 1, item 1; or(b) development to which chapter 9, part 5 of the Act applies; or(c) development carried out by the State on designated land; or(d) development mentioned in schedule 4; or(e) if the place is not a Queensland heritage place—development for which an exemption certificate under the Queensland Heritage Act 1992 has been issued by a local government (2) In this item— | Code assessment, unless a planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies requires impact assessment |
Development on strategic port land | ||
6 | All aspects of development on strategic port land, other than development mentioned in table 2, item 3, if the land use plan for the strategic port land approved under the Transport Infrastructure Act, section 286, states the development is assessable development | Code assessment |
Development on airport land | ||
7 | All aspects of development on airport land, other than development mentioned in table 2, item 4, if the land use plan for the airport land approved under the Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1, states the development is assessable development | Code assessment, unless the land use plan requires impact assessment Impact assessment, if the land use plan requires impact assessment |
Development in a priority port’s master planned area | ||
8 | All aspects of development in a priority port’s master planned area, other than PDA-related development or development in a State development area, if the port overlay for the master planned area states the development is assessable development | If the port overlay requires impact assessment —impact assessment |
Part 2 Self-assessable development
Table 1—Building work | |
By the State, a public sector entity or a local government | |
1 | Building work carried out by or on behalf of the State, a public sector entity or a local government, other than building work declared under the Building Act to be exempt development |
For the Building Act 1975 | |
2 | For assessing building work against the Building Act, building work declared under that Act to be self-assessable development |
For declared fish habitat area | |
3 | For assessing building work against the Fisheries Act, building work in a declared fish habitat area if the work is reasonably necessary for— (a) the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type—(i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs;(ii) powerlines or associated powerline infrastructure; or (b) educational or research purposes relating to the declared fish habitat area; or (c) monitoring the impact of development on the declared fish habitat area; or (d) the construction of structures, including, for example, safety signs, swimming enclosures and aids to navigation, if—(i) the impact on the area is minor; and(ii) the structures are constructed in compliance with all the requirements, under any Act, relating to a structure of that type |
Table 2—Material change of use of premises | |
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 100m2; 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 100m2 |
Table 3—Reconfiguring a lot | |
1 | Table not used |
Table 4—Operational work | |
For taking or interfering with water | |
1 | For assessing operational work against the Water Act 2000, operational work (other than PDA-related development or work carried out on premises to which structure plan arrangements apply) that involves— (a) taking or interfering with water in a watercourse, lake or spring if the operations are prescribed as self-assessable development under a regulation under the Water Act 2000, unless—(i) the taking or interfering is permitted under the Water Act 2000, chapter 2, part 3, division 1; or(ii) the work involves the replacement of a pump if the capacity of the new pump to take water is no greater than the capacity of the existing pump; or(iii) the work involves the installation of a pump to take water under a water entitlement if the water entitlement—(A) is managed under a resource operations licence, an interim resource operations licence or a distribution operations licence granted under the Water Act 2000; or(B) states the rate at which water may be taken; or(iv) the interfering is authorised under a water licence and the work complies with the conditions of the licence; or (b) taking or interfering with underground water through a subartesian bore if the operations are prescribed as self-assessable development under a regulation under the Water Act 2000; or (e) taking overland flow water, if the operations are prescribed as self-assessable development under a regulation under the Water Act 2000 |
For waterway barrier works | |
2 | For assessing operational work against the Fisheries Act, operational work for constructing or raising waterway barrier works (other than work carried out on premises to which structure plan arrangements apply), if the waterway barrier works are— (a) temporary; or (b) minor; or (c) rebuilt on a regular basis |
For works in a declared fish habitat area | |
3 | For assessing operational work against the Fisheries Act, operational work completely or partly within a declared fish habitat area if the works are reasonably necessary for— (a) the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type—(i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs;(ii) powerlines or associated powerline infrastructure; or (b) educational or research purposes relating to the declared fish habitat area; or (c) monitoring the impact of development on the declared fish habitat area; or (d) the construction or placement of structures, including, for example, safety signs, swimming enclosures and aids to navigation, if—(i) the impact on the area is minor; and(ii) the structures are constructed in compliance with all the requirements, under any Act, relating to a structure of that type; or (e) public benefit works, including, for example, the construction of runnels for mosquito control, the removal of Lyngbya and seed collection for site rehabilitation, if the impact on the area is minor |
For the removal, destruction or damage of marine plants | |
4 | For assessing operational work against the Fisheries Act, operational work (other than work on premises to which structure plan arrangements apply) that is the removal, destruction or damage of a marine plant if the removal, destruction or damage— (a) is of dead marine wood on unallocated State land for trade or commerce; or (b) is reasonably necessary for the maintenance of existing structures, including, for example, the following structures, if the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type—(i) boat ramps, boardwalks, drains, fences, jetties, roads, safety signs, swimming enclosures and weirs;(ii) drainage structures;(iii) powerlines or associated powerline infrastructure; or (c) is reasonably necessary for educational or research purposes or for monitoring the impact of development on marine plants; or (d) is reasonably necessary for the construction or placement of structures, including, for example, swimming enclosures, safety signs, aids to navigation, fences, pontoons, public boat ramps and pipelines, if—(i) the extent of the removal, destruction or damage is minor; and(ii) the structures were constructed in compliance with all the requirements, under any Act, relating to a structure of that type; or (e) is reasonably necessary for the construction of runnels for mosquito control, removal of Lyngbya, seed collection for site rehabilitation or the collection of marine plants for fishing bait or handicraft |
For local government roads | |
5 | For assessing road works on a local government road, other than road works that are PDA-related development, under the Transport Planning and Coordination Act 1994, section 8C, operational works that are road works on a local government road |
For wetland protection areas | |
6 | Operational work that is high impact earth works carried out for government supported transport infrastructure in a wetland protection area |
7 | Operational work that is high impact earth works carried out for electricity infrastructure in a wetland protection area |
For tidal works, or works within a coastal management district | |
8 | Operational work mentioned in part 1, table 4, item 5(a) or (b)(i) if— (a) the work is undertaken by a local government or the Gold Coast Waterways Authority under the Gold Coast Waterways Authority Act 2012, or undertaken by or on behalf of the department administering the Transport Infrastructure Act or the Transport Planning and Coordination Act 1994; and (b) the work is mentioned in a code for the self-assessable operational work declared under the Coastal Protection and Management Regulation 2003 to be a code for IDAS |
For construction of new levees or modification of existing levees | |
9 | Operational work that is— (a) construction of a new category 1 levee; or (b) modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 1 levee |
Schedule 4 Development that can not be declared to be development of a particular type—Act, section 232(2)
section 10
Table 1—Building work | |
For a wind farm | |
1 | Building work for a wind farm |
Table 2—Material change of use of premises | |
For a class 1 or 2 building | |
1 | Making a material change of use of premises for a class 1 or 2 building under the BCA, part A3 if the use is for providing support services and short-term accommodation for persons escaping domestic violence |
For particular class 1 building or class 10 building or structure | |
2 | Making a material change of use of premises for a class 1(a)(i) building, class 1(a)(ii) building comprising not more than 2 attached dwellings or a class 10 building or structure under the BCA if— (a) the use is for a residential purpose in a residential zone; and (b) for an existing class 1(a)(i) building or class 1(a)(ii) building comprising not more than 2 attached dwellings—the material change of use involves the repair, renovation, alteration or addition to the building; and (c) for a class 1(a) building not mentioned in paragraph (b)—there is no existing dwelling house on the premises; and (d) the development is not self-assessable development under a planning scheme, temporary local planning instrument, master plan or a preliminary approval to which section 242 of the Act applies; and |
(e) either—(i) no overlay, as identified in the planning scheme and relevant to assessment of the material change of use, applies to the premises for the material change of use; or(ii) only an overlay about bush fire hazards applies to the premises and the premises are less than 2000m2; and (f) for a class 1(a)(ii) building comprising not more than 2 attached dwellings—the local government for the planning scheme area has, by resolution, decided to apply this item to that class of building | |
For a wind farm | |
3 | Making a material change of use of premises for a wind farm |
Table 3—Reconfiguring a lot | |
Other than a lot within the meaning of the Land Title Act 1994 | |
1 | Reconfiguring a lot other than a lot within the meaning of the Land Title Act 1994 |
Under the Land Title Act 1994 | |
2 | Reconfiguring a lot under the Land Title Act 1994, if the reconfiguration is under a relevant instrument of lease or the plan of subdivision necessary for the reconfiguration— (a) is a building format plan of subdivision that does not subdivide land on or below the surface of the land; or (b) is for the amalgamation of 2 or more lots; or (c) is for the incorporation, under the Body Corporate and Community Management Act 1997, section 41, of a lot with common property for a community titles scheme; or (d) is for the conversion, under the Body Corporate and Community Management Act 1997, section 43, of lessee common property within the meaning of that Act to a lot in a community titles scheme; or (e) is in relation to the acquisition, including by agreement, under the Acquisition Act or otherwise, of land by—(i) a constructing authority, as defined under that Act, for a purpose set out in parts 1 to 13 (other than part 10, second dot point) of the schedule to that Act; or(ii) an authorised electricity entity; or (f) is for land held by the State, or a statutory body representing the State, and the land is being subdivided for a purpose set out in the Acquisition Act, schedule, parts 1 to 13 (other than part 10, second dot point), whether or not the land relates to an acquisition; or (g) is for reconfiguring a lot comprising strategic port land; or (h) is for the Transport Infrastructure Act, section 240; or (i) is in relation to the acquisition of land for a water infrastructure facility; or (j) is for implementing the Aboriginal and Torres Strait Islander Land Holding Act 2013 |
Table 4—Operational work | |
By or on behalf of a public sector entity | |
1 | Operational work or plumbing or drainage work (including maintenance and repair work) if the work— (a) is carried out by or on behalf of a public sector entity authorised under a State law to carry out the work; and (b) is not development mentioned in table 5, items 7 to 10D. |
For ancillary works and encroachments | |
2 | Operational work that is ancillary works and encroachments that are— (a) carried out in compliance with requirements specified by gazette notice by the chief executive administering the Transport Infrastructure Act; or (b) done as required by a contract entered into under the Transport Infrastructure Act, section 50, with the chief executive administering that Act |
For substitute railway crossing | |
3 | Operational work for the construction of a substitute railway crossing by a railway manager in response to an emergency under the Transport Infrastructure Act, section 169 |
Performed by railway manager | |
4 | Operational work performed by a railway manager, within the meaning of the Transport Infrastructure Act, under section 260 of that Act |
Under a rail feasibility investigator’s authority | |
5 | Operational work carried out under a rail feasibility investigator’s authority granted under the Transport Infrastructure Act |
Under the Coastal Protection and Management Act | |
6 | Operational work that is the digging or boring into land by an authorised person under the Coastal Protection and Management Act, section 134 |
7 | Operational work for an aid to navigation or sign for maritime navigation |
For subscriber connections | |
8 | Operational work for a subscriber connection |
For agriculture | |
9 | Operational work associated with— (a) management practices for the conduct of an agricultural use, other than—(i) the clearing of native vegetation; or(ii) operations of any kind and all things constructed or installed for taking or interfering with water (other than using a water truck to pump water) if the operations are for taking or interfering with water under the Water Act 2000; or (b) weed or pest control, unless it involves the clearing of native vegetation; or (c) the use of fire under the Fire and Emergency Services Act 1990; or (d) the conservation or restoration of natural areas; or (e) the use of premises for forest practices |
For removing quarry material | |
10 | Operational work for removing quarry material from a State forest, timber reserve, forest entitlement area or Crown land as defined under the Forestry Act 1959 |
For the removal, destruction or damage of marine plants | |
11 | Operational work that is the removal, destruction or damage of a marine plant |
Table 5—All aspects of development | |
Mining and petroleum activities | |
1 | Development for an activity authorised under— (a) the Mineral Resources Act 1989, including an activity for the purpose of 1 or more of the following Acts—• Alcan Queensland Pty. Limited Agreement Act 1965• Central Queensland Coal Associates Agreement Act 1968• Commonwealth Aluminium Corporation Pty. Limited Agreement Act 1957• Mount Isa Mines Limited Agreement Act 1985• Queensland Nickel Agreement Act 1970• Thiess Peabody Coal Pty. Ltd. Agreement Act 1962; or (b) the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004 (other than an activity relating to the construction and operation of an oil refinery); or (c) the Petroleum (Submerged Lands) Act 1982; or (d) the Offshore Minerals Act 1998 |
2 | All aspects of development for a mining activity to which an environmental authority under the Environmental Protection Act applies |
3 | All aspects of development for petroleum activities |
Geothermal exploration | |
4 | Any aspect of development for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010 |
GHG storage activities | |
5 | Any aspect of development for a GHG storage activity carried out under a GHG authority under the Greenhouse Gas Storage Act 2009 |
Directed under a notice, order or direction under a State law | |
6 | All aspects of development a person is directed to carry out under a notice, order or direction made under a State law |
Community infrastructure activities | |
7 | All aspects of development— (a) for the maintenance, repair, augmentation, upgrading, duplication or widening of State-controlled road infrastructure; or (b) for ancillary works and encroachments carried out by the State; or (c) adjacent to a State-controlled road and ancillary to the construction, maintenance, repair, augmentation, upgrading, duplication or widening of the road, such as excavating, crushing, screening, cutting, filling, preparing road construction material (including concrete), storing materials, removing vegetation, dam building, site offices and worker accommodation |
8 | All aspects of development for the maintenance, repair, upgrading, augmentation or duplication of— (a) rail transport infrastructure; or (b) other rail infrastructure; or (c) miscellaneous transport infrastructure; or (d) busway transport infrastructure; or (e) light rail transport infrastructure |
9 | All aspects of development for a supply network for electricity, as defined under the Electricity Act 1994, or for private electricity works that form an extension of or provide service connections to properties from the network, if the network operates at standard voltages up to and including 66kV, other than any aspect of development for— (a) the construction of a new zone substation or bulk supply substation; or (b) the augmentation of an existing zone or bulk supply substation if the input or output standard voltage is significantly increased |
10 | All aspects of development for— (a) the busway project known as Northern Busway (Windsor to Kedron) described in the document called ‘Northern Busway (Windsor to Kedron) Project Change Report’ of May 2008; and (b) the toll road project known as Airport Link described in the Coordinator-General’s report for the EIS, and change report, for the project under the State Development and Public Works Organisation Act 1971 Editor’s note— The documents mentioned in this item are held by, and are available for inspection on the website of, City North Infrastructure Pty Ltd ACN 123 249 874. |
10A | All aspects of development for the light rail project known as the Gold Coast Light Rail project to provide light rail transport infrastructure along the route shown on the map depicted in the Transport Operations (Passenger Transport) Regulation 2005, schedule 7A |
10AA | All aspects of development for the light rail project known as the Gold Coast Light Rail Stage 2 project to provide light rail transport infrastructure along the route shown on the map called ‘Gold Coast Light Rail—Stage 2 General Arrangement’ dated 22 October 2015 Editor’s note— The map is available for inspection at the offices of the Department of Transport and Main Roads during business hours and on the department’s website. |
10B | All aspects of development for the rail project known as Moreton Bay Rail Link described in the document called ‘Moreton Bay Rail Link, Figure 01, Rev A’ Editor’s note— The document called ‘Moreton Bay Rail Link, Figure 01, Rev A’ is available for inspection at the offices of the Department of Transport and Main Roads during business hours and on the department’s website. |
10C | All aspects of development for the cross river rail project |
10D | All aspects of development for the road infrastructure project known as the Toowoomba Second Range Crossing project to provide road infrastructure along the route shown on the map called ‘Toowoomba Second Range Crossing, Business case reference design’ dated April 2014 |
South Bank | |
13 | Development within the meaning of the South Bank Corporation Act 1989, but only until the development completion date under that Act |
Priority development areas | |
14 | All aspects of PDA-related development |
For G20 radiocommunications works | |
15 | All aspects of development carried out on or before 30 June 2015 for the construction, installation, use, maintenance, repair, alteration, decommissioning, demolition or removal of G20 radiocommunications works |
Connections under SEQ Water Act | |
16 | All aspects of development for a connection under the SEQ Water Act, chapter 4C or any work for the purpose of the connection |
Schedule 5 Applicable codes, laws, policies and prescribed matters for particular development
section 11
Part 1 Assessable development
Table 1—Building work | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
For the Building Act | |
1 Building work requiring code assessment under schedule 3, part 1, table 1, item 1 | The relevant provisions of the following, as they apply under the Building Act, chapter 4, part 1, division 1— (a) the Building Act, chapters 3 and 4; (b) any local law or local planning instrument that the division allows to apply to the assessment; (c) the Queensland Development Code; (d) the BCA |
Declared fish habitat area | |
2 Building work requiring code assessment under schedule 3, part 1, table 1, item 2 | If the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions |
Table 2—Material change of use | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
Environmentally relevant activities | |
1 Development requiring code assessment under schedule 3, part 1, table 2, item 1 | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency—the provisions of the Environmental Protection Regulation 2008, chapter 3, part 1, division 3A. |
Certain brothels | |
2 Development requiring code assessment under schedule 3, table 2, item 2 | The IDAS code mentioned in the Prostitution Regulation 2014, schedule 3 |
3 Development requiring impact assessment under schedule 3, table 2, item 2 | The following— (a) the IDAS code mentioned in the Prostitution Regulation 2014, schedule 3; (b) the relevant provision of any local planning instrument |
Strategic port land | |
4 Development requiring code assessment under schedule 3, part 1, table 2, item 3 | (a) for the port authority as the assessment manager—the current land use plan approved under the Transport Infrastructure Act, section 286; and (b) for the Minister under the Transport Infrastructure Act, as the concurrence agency, section 287A of the Act |
Airport land | |
5 Development requiring code or impact assessment under schedule 3, part 1, table 2, item 4 | The current land use plan for the airport land approved under the Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1 |
Major hazard facilities | |
6 Development requiring code assessment under schedule 3, part 1, table 2, item 5 | The relevant provisions of the State development assessment provisions |
Certain aquaculture | |
8 Development requiring code assessment under schedule 3, part 1, table 2, item 10 | If the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions |
Wind farms | |
9 Development requiring code assessment or impact assessment under schedule 3, part 1, table 2, item 11 | The relevant provisions of the State development assessment provisions |
Adjoining a Queensland heritage place | |
10 Development requiring code assessment under schedule 3, part 1, table 2, item 12 | The relevant provisions of the State development assessment provisions |
Table 3—Reconfiguring a lot | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
Under the Land Title Act 1994 | |
1 Reconfiguring a lot requiring code or impact assessment under schedule 3, part 1, table 3, item 1 | The relevant provisions of any planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies |
Table 4—Operational works | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
Clearing native vegetation | |
1 Development requiring code assessment under schedule 3, part 1, table 4, item 1 | If the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions |
Operational works associated with reconfiguring | |
2 Development requiring code assessment under schedule 3, part 1, table 4, item 2 | The relevant provisions of any applicable planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies |
Taking or interfering with water—generally | |
3 Development requiring code assessment under schedule 3, part 1, table 4, item 3, other than item 3(d) | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a referral agency—the relevant provisions of the Water Act 2000 |
Referable dams | |
5 Development requiring code assessment under schedule 3, part 1, table 4, item 4 | The relevant provisions of the State development assessment provisions |
Tidal works in local government tidal area | |
6 Tidal works—(a) in a local government tidal area; and(b) requiring code assessment under schedule 3, part 1, table 4, item 5; and(c) for which a local government is the assessment manager | The relevant provisions of the following— (a) the IDAS code in the Coastal Protection and Management Regulation 2003, schedule 4A; (b) any applicable planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies. |
Tidal works, or work in a coastal management district | |
7 Tidal works or work in a coastal management district—(a) requiring code assessment under schedule 3, part 1, table 4, item 5; and(b) for which the chief executive is the assessment manager | If the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions |
Waterway barrier works | |
8 Development requiring code assessment under schedule 3, part 1, table 4, item 6 | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency—the relevant provisions of the Fisheries Act |
Works in a declared fish habitat area | |
9 Development requiring code assessment under schedule 3, part 1, table 4, item 7 | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency—the relevant provisions of the Fisheries Act |
Removal, destruction or damage of marine plants | |
10 Development requiring code assessment under schedule 3, part 1, table 4, item 8 | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a concurrence agency—the relevant provisions of the Fisheries Act |
Construction of new levees or modification of existing levees | |
12 Construction of a new category 2 levee | the IDAS code in the Water Regulation 2016, schedule 10 |
13 Modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 2 levee | the IDAS code in the Water Regulation 2016, schedule 10 |
14 Construction of a new category 3 levee | (a) the IDAS code in the Water Regulation 2016, schedule 10; and (b) if the chief executive is a referral agency—the relevant provisions of the State development assessment provisions |
15 Modification of an existing levee if, after the modification, the levee will fulfil the requirements for a category 3 levee | (a) the IDAS code in the Water Regulation 2016, schedule 10; and (b) if the chief executive is a referral agency—the relevant provisions of the State development assessment provisions |
Table 5—Various aspects of development | |
Column 1 Development | Column 2 Codes, laws, policies and prescribed matters that may apply for assessment |
Strategic port land | |
1 On strategic port land other than development requiring code assessment under schedule 3, part 1, table 2, item 3 | The current land use plan approved under the Transport Infrastructure Act, section 286 |
Airport land | |
2 On airport land other than development requiring code or impact assessment under schedule 3, part 1, table 2, item 4, if the land use plan for the airport land approved under the Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1 states the development is assessable development | The current land use plan for the airport land approved under the Airport Assets (Restructuring and Disposal) Act 2008, chapter 3, part 1 |
Removing quarry material | |
3 Development requiring code assessment under schedule 3, part 1, table 5, item 1 | (a) if the chief executive is the assessment manager or a referral agency—the relevant provisions of the State development assessment provisions; and (b) if an entity other than the chief executive is the assessment manager or a referral agency—the relevant provisions of the Water Act 2000 |
Queensland heritage place | |
4 Development requiring code assessment under schedule 3, part 1, table 5, item 2 | The relevant provisions of the State development assessment provisions |
Local heritage place | |
5 Development requiring code assessment under schedule 3, part 1, table 5, item 3 | The following— (a) the IDAS code in the Queensland Heritage Regulation 2015, schedule 2; (b) the relevant provision of any planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies |
Master planned area for a priority port | |
6 Development in a priority port’s master planned are if the port overlay for the master planned area states the development is assessable development | The current port overlay for the priority port’s master planned area |
PMAV means a property map of assessable vegetation under the Vegetation Management Act.
population at risk, for schedule 7A, see the Water Supply (Safety and Reliability) Act 2008, section 346(2).
port authority see the Transport Infrastructure Act, schedule 6.
port overlay, for a priority port’s master planned area, means the port overlay made for the area under the Sustainable Ports Development Act 2015, part 2, division 3.
possible major hazard facility ...
potentially affected premises ...
potentially sensitive material change of use of premises ...
potential SCL ...
poultry farming, for schedule 7A, means a relevant activity mentioned in the Environmental Protection Regulation 2008, schedule 2, section 4.
priority development area means a priority development area under the Economic Development Act 2012.
priority port see the Sustainable Ports Development Act 2015, section 5.
private purpose, for schedule 7A, see the Coastal Protection and Management Regulation 2003, schedule 4A, section 3.
proposed major hazard facility see the Work Health and Safety Regulation 2011, schedule 19.
protection area ...
public hospital ...
public marine transport infrastructure see the Transport Infrastructure Act, schedule 6.
public passenger service see the Transport Operations (Passenger Transport) Act 1994, schedule 3.
public passenger transport corridor means land—
(a)on which any of the following transport infrastructure is situated, if the infrastructure is, or is to be, used for providing a public passenger service—(i)busway transport infrastructure;(ii)light rail transport infrastructure; or
(b)on which the following works are being done, if the works relate to transport infrastructure to which paragraph (a) applies—(i)busway transport infrastructure works;(ii)light rail transport infrastructure works; or
(c)on which other services are provided for the maintenance or operation of transport infrastructure to which paragraph (a) applies.
public passenger transport facility means any of the following—
(a)a busway station;
(b)a railway passenger station;
(c)a light rail station;
(d)a passenger transport interchange facility identified in a guideline made under the Transport Planning and Coordination Act 1994, section 8E.
public safety area has the same meaning as in the State Planning Policy.
QPW code see the Standard Plumbing and Drainage Regulation 2003, schedule 6.
qualitative statement means a qualitative statement or other provision about a performance or outcome sought to be achieved when applicable buildings or structures are finished.
quantifiable standard means a standard that achieves a performance or outcome sought under a qualitative statement.
rail corridor land see the Transport Infrastructure Act, schedule 6.
rail transport infrastructure see the Transport Infrastructure Act, schedule 6.
railway means land on which—
(a)rail transport infrastructure or other rail infrastructure is situated; or
(b)railway works are being done, if the works relate to transport infrastructure to which paragraph (a) applies; or
(c)other services, relating to the maintenance or operation of infrastructure mentioned in paragraph (a), are being provided.
railway crossing see the Transport Infrastructure Act 1994, schedule 6.
railway tunnel easement see the Transport Infrastructure Act, schedule 4.
railway works see the Transport Infrastructure Act, schedule 6.
recreation activities means the group of uses identified as recreation activities under the standard planning scheme provisions.
referable dam see the Water Supply Act, section 341.
regional ecosystem map see the Vegetation Management Act, section 20A.
registered area of agriculture map ...
registered non-profit organisation, for part 3, division 3, see section 21AA.
regrowth clearing authorisation ...
regrowth vegetation ...
regrowth vegetation code means the regrowth vegetation code under the Vegetation Management Act, section 19S(1).
regrowth vegetation map ...
regulated regrowth vegetation means regulated regrowth vegetation under the Vegetation Management Act.
regulated vegetation management map see the Vegetation Management Act, section 20A.
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).
relevant impacts, for part 6, see section 31.
relevant instrument of lease means an instrument of lease for a grant of a residential lease over a part of a lot that—
(a)was previously subject to a social housing lease; and
(b)is the same part of the lot that was subject to—(i)a partial surrender of the social housing lease; or(ii)if the part of the lot is the last remaining part of the social housing lease—a whole surrender of the lease.
relevant program ...
relevant service provider means any of the following—
(a)for a sewer—the sewerage service provider for the sewer;
(b)for a water main—the water service provider for the water main;
(c)for a stormwater drain—the owner of the stormwater drain.
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.
relocatable home park means a relocatable home park as defined in the standard planning scheme provisions.
remediate, contaminated land, see the Environmental Protection Act, schedule 4.
remnant map see the Vegetation Management Act, section 20AA.
remnant vegetation means remnant vegetation as defined under the Vegetation Management Act.
replacement water bore ...
residence ...
residential care facility means a residential care facility as defined under the standard planning scheme provisions.
residential clearing—
(a)for the clearing of vegetation on freehold land or land subject to a lease under the Land Act 1994—means clearing the vegetation to the extent necessary for building a single dwelling house on a lot, and any reasonably associated building or structure, if the building of the dwelling house is—(i)building work for which a development permit for a building development application, or a compliance permit, has been given; or(ii)building work mentioned in schedule 3, part 2, table 1, item 1; or(iii)for public housing; or
(b)for the clearing of vegetation on indigenous land—means clearing the vegetation to the extent necessary for building dwelling houses, and any reasonably associated building or structure, for Aboriginal or Torres Strait Islander inhabitants of the land or persons providing educational, health, police or other community services for the inhabitants, if the building of the dwelling houses is—(i)building work for which a development permit for a building development application, or a compliance permit, has been given; or(ii)building work mentioned in schedule 3, part 2, table 1, item 1; or(iii)for public housing.
residential land ...
residential lease means—
(a)a lease granted under the Aboriginal Land Act 1991 to an Aboriginal person for residential use; or
(b)a lease granted under the Torres Strait Islander Land Act 1991 to a Torres Strait Islander for residential use.
residential zone means land, however described, designated in a planning scheme, temporary local planning instrument, master plan or preliminary approval to which section 242 of the Act applies as residential.
Examples of ways of describing land—
•general residential•park residential•residential living•residential choice•residential low density•residential medium density•residential high density
resort complex means a resort complex as defined in the standard planning scheme provisions.
resource activity see the Environmental Protection Act, section 107.
resource allocation authority, for schedule 7A, means a resource allocation authority issued under the Fisheries Regulation 2008, chapter 5, part 3.
retirement facility means a retirement facility as defined under the standard planning scheme provisions.
road frontage ...
rooming accommodation means rooming accommodation as defined in the standard planning scheme provisions.
routine management, for clearing native vegetation on land, means the clearing of native vegetation—
(a)to establish a necessary fence, road or vehicular track if the maximum width of clearing for the fence, road or track is 10m; or
(b)to construct necessary built infrastructure, including core airport infrastructure, other than contour banks, fences, roads or vehicular tracks, if—(i)the clearing is not to source construction timber; and(ii)the total extent of clearing is less than 2ha; and(iii)the total extent of the infrastructure is on less than 2ha; or
(c)by the owner on freehold land to source construction timber for establishing necessary infrastructure on any land of the owner, if—(i)the clearing does not cause land degradation as defined under the Vegetation Management Act; and(ii)restoration of a similar type, and to the extent of the removed trees, is ensured; or
(d)by the lessee of land subject to a lease issued under the Land Act 1994 for agriculture or grazing purposes to source construction timber, other than commercial timber, for establishing necessary infrastructure on the land, if—(i)the clearing does not cause land degradation as defined under the Vegetation Management Act; and(ii)restoration of a similar type, and to the extent of the removed trees, is ensured.
rural workers’ accommodation means rural workers’ accommodation as defined in the standard planning scheme provisions.
saleyard means premises used for the sale, or offering for sale, of livestock, including any part of the premises used for—
(a)temporarily holding livestock before or after the livestock is sold or offered for sale; or
(b)transporting livestock to or from the premises; or
(c)another activity associated with the sale, offering for sale, temporary holding or transportation of livestock.
schedule 9 dwelling ...
school ...
SCL ...
SCL Act ...
SCL chief executive ...
SCL principles ...
scour protection component ...
secondary dwelling means a secondary dwelling as defined under the standard planning scheme provisions.
self-assessable vegetation clearing code see the Vegetation Management Act, section 19O(1) and (2).
sensitive land use, for schedule 3, part 1, table 2 and schedule 18, table 3, has the same meaning as in the State Planning Policy.
SEQ Koala Conservation State Planning Regulatory Provisions means the SEQ Koala Conservation State Planning Regulatory Provisions published in May 2010.
SEQ koala State planning regulatory provisions means the South East Queensland Koala State planning regulatory provisions published by the department.
SEQ urban footprint area ...
service station means a service station as defined under the standard planning scheme provisions.
sewer means a sewer under the Plumbing and Drainage Act 2002.
Note—
See section 41A (References to maintenance covers).
sewerage service provider see the Water Supply (Safety and Reliability) Act 2008, schedule 3.
shop means a shop as defined under the standard planning scheme provisions.
shopping centre means a shopping centre as defined under the standard planning scheme provisions.
short-term accommodation means short-term accommodation as defined in the standard planning scheme provisions.
showroom means a showroom as defined under the standard planning scheme provisions.
significant community project means a significant community project under the Vegetation Management Act, section 10(5).
significant project see the State Development and Public Works Organisation Act 1971, schedule 2.
site management plan see the Environmental Protection Act, schedule 4.
social housing lease means—
(a)a lease granted to the State under the Aboriginal Land Act 1991 or the Torres Strait Islander Land Act 1991 for the purpose of providing subsidised housing for residential use; or
(b)a sublease under the Aurukun and Mornington Shire Leases Act 1978, section 29(a) for the purposes of social housing.
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.
sole or community residence clearing means—
(a)for vegetation on freehold land or land subject to a lease under the Land Act 1994—clearing the vegetation to the extent necessary for building a single dwelling house on a lot, and any reasonably associated building or structure, if no other dwelling house exists on the lot; or
(b)for vegetation on indigenous land—clearing the vegetation to the extent necessary for building dwelling houses, and any reasonably associated building or structure, for Aboriginal or Torres Strait Islander inhabitants of the land or persons providing educational, health, police or other community services for the inhabitants.
spring see the Water Act 2000, schedule 4.
State coastal land see the Coastal Protection and Management Act, section 17.
State-controlled road means—
(a)a State-controlled road within the meaning of the Transport Infrastructure Act, schedule 6; or
(b)State toll road corridor land.
State-controlled transport tunnel means—
(a)a tunnel that forms part of a—(i)State-controlled road; or(ii)railway; or(iii)public passenger transport corridor; or
(b)a railway tunnel easement.
State development area means a State development area under the State Development and Public Works Organisation Act 1971.
State development assessment provisions means the document called ‘State development assessment provisions’, made by the chief executive, dated 5 December 2016 and published by the department.
Editor’s note—
The document can be inspected on the department’s website.
State Planning Policy means the State planning policy made by the Minister and published on the department’s website.
State Planning Policy 2013 ...
State school ...
State toll road corridor land see the Transport Infrastructure Act, schedule 6.
State transport corridor means—
(a)a busway corridor; or
(b)a light rail corridor; or
(c)a railway corridor; or
(d)a State-controlled road.
stock purposes ...
storey means a space within a building between 2 floor levels, or a floor level and a ceiling or roof, other than—
(a)a space containing only—(i)a lift shaft, stairway or meter room; or(ii)a bathroom, shower room, laundry, water closet or other sanitary compartment; or(iii)accommodation for not more than 3 motor vehicles; or(iv)a combination of any things mentioned in subparagraph (i), (ii) or (iii); or
(b)a basement, if the ceiling of the basement is not more than 1m above ground level.
stormwater drain means infrastructure used for receiving, storing, transporting or treating stormwater.
Note—
See section 41A (References to maintenance covers).
structure plan arrangements means the structure plan arrangements applying to premises under section 40.
subartesian bore, for schedule 3, see the Water Act 2000, schedule 4.
subartesian water see the Water Act 2000, schedule 4.
subdivision plan—
1Subdivision plan means a plan, however called, for reconfiguring a lot if, under an Act, the plan requires the approval (in whatever form) of a local government before the plan is registered or otherwise recorded under that Act.
2Subdivision plan includes an agreement that reconfigures a lot by dividing land into parts rendering different parts of the lot available for separate disposition or separate occupation.
3Subdivision plan does not include—(a)a lease for—(i)a term, including renewal options, not exceeding 10 years; or(ii)all or part of a building; or(b)a plan, however called, for reconfiguring a lot if the reconfiguration is in relation to—(i)the acquisition, including by agreement, under the Acquisition Act, of land by a constructing authority, as defined under that Act, or an authorised electricity entity, for a purpose set out in the schedule of that Act; or(ii)the acquisition by agreement, other than under the Acquisition Act, of land by a constructing authority, as defined under that Act, or an authorised electricity entity, for a purpose set out in the schedule of that Act; or(iii)land held by the State, or a statutory body representing the State, for a purpose set out in the Acquisition Act, schedule, whether or not the land relates to an acquisition; or(iv)a lot comprising strategic port land; or(v)the acquisition of land for a water infrastructure facility; or(c)a plan lodged under the Acquisition Act, section 12A as a result of a reconfiguration of a lot mentioned in paragraph (b)(i).
subscriber connection means an installation for the sole purpose of connecting a building, structure, caravan or mobile home to a line that forms part of an existing telecommunications network.
substation site—
1Substation site means premises larger than 50m2 forming part of a transmission grid or supply network under the Electricity Act 1994, and used for—(a)converting or transforming electrical energy from one voltage to another; or(b)regulating voltage in an electrical circuit; or(c)controlling electrical circuits; or(d)switching electrical current between circuits.
2Substation site includes telecommunication facilities for controlling works as defined under the Electricity Act 1994, section 12(1), and for workforce operational and safety communications.
3Substation site does not include—(a)pole mounted substations, transformers or voltage regulators; or(b)pad mounted substations or transformers.
suitability statement see the Environmental Protection Act, schedule 4.
temporary waterway barrier works code ...
theatre means a theatre as defined under the standard planning scheme provisions.
thinning, for schedule 7A, see the Vegetation Management Act, schedule.
tidal land, for schedule 7A, see the Fisheries Act, schedule.
tidal water see the Coastal Protection and Management Act, schedule.
tier 3 major hazard facility, for schedule 7A, see the Work Health and Safety Regulation 2011, schedule 19.
total footprint, of a building and any reasonably associated structure, or an extension of an existing building and any reasonably associated structure, means the total area of land developed for the building and structure, or the extension, including, for example, the areas covered by the following—
(a)the floor area of the building and structure or the extension;
(b)landscaping and fencing for the building and structure or the extension;
(c)a car park, driveway or other facility associated with the building and structure or the extension.
tourist attraction means a tourist attraction as defined under the standard planning scheme provisions.
tourist park means a tourist park as defined in the standard planning scheme provisions.
tourist resort complex means an integrated facility for tourists that provides accommodation and a range of recreational facilities for guests and visitors to the facility.
trade training centre means a facility used for trade or vocational education and training.
trust land means land comprising a reserve or deed of grant in trust under the Land Act 1994.
TSA means total site area for a development application.
unallocated State land see the Land Act 1994, schedule 6.
underground water, for schedule 3, see the Water Act 2000, schedule 4.
unmapped tidal waterway, for schedule 7A, means a tidal waterway not shown in the waterways spatial data layer.
urban area means—
(a)an area identified in a gazette notice by the chief executive as an urban area; or
(b)if no gazette notice has been published—an area identified as an area intended specifically for urban purposes, including future urban purposes (but not rural residential or future rural residential purposes) on a map in a planning scheme that—(i)identifies the areas using cadastral boundaries; and(ii)is used exclusively or primarily to assess development applications.Example of a map for paragraph (b)—
a zoning map
urban development area ...
urban purposes means purposes for which land is used in cities or towns, including residential, industrial, sporting, recreation and commercial purposes, but not including environmental, conservation, rural, natural or wilderness area purposes.
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.
warehouse means a warehouse as defined under the standard planning scheme provisions.
water-based fire safety installation see the Building Fire Safety Regulation 2008, schedule 3.
water bore see the Water Act 2000, schedule 4.
watercourse—
1Generally, watercourse means a watercourse as defined under the Water Act 2000, schedule 4.
2Watercourse, for schedule 24, part 1, section 1(2), has the meaning given by the Vegetation Management Act 1999, schedule.
water entitlement see the Water Act 2000, schedule 4.
water main means infrastructure used for transporting water other than stormwater.
Note—
See section 41A (References to maintenance covers).
water plan means a water plan under the Water Act 2000.
water resource plan ...
water service provider see the Water Supply (Safety and Reliability) Act 2008, schedule 3.
Water Supply Act means the Water Supply (Safety and Reliability) Act 2008.
waterway, for a provision about constructing or raising waterway barrier works, see the Fisheries Act, schedule.
waterways spatial data layer, means the document called ‘Queensland waterways for waterway barrier works’, made by the department in which the Fisheries Act is administered and published on the Queensland Spatial Catalogue website.
wetland see the Environmental Protection Regulation 2008, schedule 12.
wetland management area ...
wetland protection area see the Environmental Protection Regulation 2008, schedule 12.
wind farm—
(a)means the use of premises for generating electricity by wind force; and
(b)includes any of the following that are used in connection with, or are ancillary to, the use of the premises or the construction of works relating to the use—(i)wind turbines, wind monitoring towers or anemometers;(ii)buildings, storage areas, maintenance facilities and other structures;(iii)infrastructure and works, including, for example, site access, foundations, electrical works and landscaping; and
(c)does not include the use of premises for generating electricity that is to be used mainly on the premises for a domestic or rural use.Note for paragraph (c)—
Development involving wind turbines that is not a material change of use for a wind farm may otherwise be assessable development under a planning instrument.
wind turbine means a machine or generator that uses wind force to generate electricity, and includes the blades of the machine or generator.
World Heritage Convention means the Convention for the Protection of the World Cultural and Natural Heritage that has been adopted by the General Conference of the United Nations Educational, Scientific and Cultural Organization, a copy of which is set out in the Wet Tropics World Heritage Protection and Management Act 1993, schedule 2.
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