consultation draft - version 2...consultation draft - version 2 contents planning regulation 2016...

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The Planning Regulation 2017 will support the Planning Act 2016 when it commences in mid-2017. This draft regulation underwent consultation in 2015 and 2016; and a new draft version will be available for comment in October 2016. The next draft will include changes made as a result of consultation and changes to other sections that are currently under review by the Queensland Government.

Queensland

Planning Regulation 2016

Subordinate Legislation 2015 No. ...

made under the

Planning Act 2015

Contents

Page

Part 1 Preliminary

1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Part 2 Planning

Division 1 State planning instruments

4 Regions—Act, sch 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Division 2 Local planning instruments

Subdivision 1 Regulated requirements

5 Application of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

6 Zones that may be adopted—Act, s 16 . . . . . . . . . . . . . . . . . . . . 17

7 Use terms that may be adopted—Act, s 16 . . . . . . . . . . . . . . . . . 18

8 Administrative terms—Act, s 16 . . . . . . . . . . . . . . . . . . . . . . . . . . 18

Subdivision 2 Other provisions for local planning instruments

9 Minister’s guidelines and rules—Act, s 17 . . . . . . . . . . . . . . . . . . 19

10 Application of planning scheme in tidal areas—Act, s 19. . . . . . . 19

Division 3 Superseded planning schemes

11 Making superseded planning scheme request—Act, s 29(5). . . . 19

12 Deciding superseded planning scheme request—Act, s 29(5) . . 20

13 Minister’s rules for planning changes made to reduce particular risks—Act, s 30(4)(e)(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

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Division 4 Designation of premises for development of infrastructure

14 Infrastructure—Act, s 35(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

15 Guideline for environmental assessment and consultation—Act, s 36(3)21

16 Designation process rules—Act, s 37(8), definition designation process rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Part 3 Categorising instruments and categories of development

17 Development local categorising instrument is prohibited from stating is assessable development—Act, s 43(4)(b) . . . . . . . . . . . . . . . . . . 22

18 Accepted, prohibited and assessable development—Act, s 43(1) 22

Part 4 Development applications

Division 1 Assessment manager

19 Assessment manager for development applications—Act, s 48(2) 23

Division 2 Referral agencies generally

Subdivision 1 Preliminary

20 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Subdivision 2 Referral agencies generally

21 Referral agencies generally—Act, ss 54(2)(a) and 56(5) . . . . . . . 24

Subdivision 3 Referral agency’s assessment generally

22 Purpose of subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

23 Matters generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

24 Other matters for assessing prescribed assessable development 25

25 Other matters for assessing particular assessable development under local categorising instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

26 Other matters for assessing particular assessable development in SEQ region . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Division 3 Referral agencies for particular development at Port of Brisbane


28 Referral agencies for development application—Act, ss 54(2)(a) and 56(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

29 Referral agency’s assessment of development application—Act, s 55(2)27

Division 4 Assessing and deciding development applications

Subdivision 1 Referral agency’s response

30 When no response by referral agency is taken to be direction to refuse—Act, s 58(2)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Subdivision 2 Code assessment

31 Code assessment—Act, s 45(3). . . . . . . . . . . . . . . . . . . . . . . . . . 29

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Subdivision 3 Impact assessment

32 Impact assessment—Act, s 45(5) . . . . . . . . . . . . . . . . . . . . . . . . 30

Subdivision 4 Assessing variation requests

33 Assessing variation requests—Act, s 61(2)(d) . . . . . . . . . . . . . . . 31

Subdivision 5 Assessment benchmarks for particular development

34 Assessment benchmarks for koala habitat areas. . . . . . . . . . . . . 31

35 Assessment benchmarks for noise sensitive place on noise attenuation land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Subdivision 6 Assessment benchmarks that may not be changed

36 Assessment benchmarks that may not be changed—Act, s 43(4)(c) 32

Division 5 Miscellaneous

37 Who decision notice must be given to—Act, s 63(1)(f). . . . . . . . . 33

38 Requirements for decision notice—Act, s 63(3) . . . . . . . . . . . . . . 33

39 Development assessment rules—Act, s 68(4) . . . . . . . . . . . . . . . 34

40 Who decision about change representations must be given to—Act, s 76(2)(b)(v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

41 Fees for particular applications. . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Part 5 Proposed call in notices

42 Content of proposed call in notice—Act, s 101(3)(a) . . . . . . . . . . 35

43 When proposed call in notice must be given—Act, s 101(3)(b) . . 36

44 Effect of proposed call in notice on process for assessing and deciding application—Act, s 101(3)(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

45 Effect of proposed call in notice on appeal period—Act, s 101(3)(c) 38

46 Representation period—Act, s 101(3)(d) . . . . . . . . . . . . . . . . . . . 38

47 Notice of decision not to call in application—Act, s 101(3)(e) . . . 38

Part 6 Infrastructure

48 Adopted charges—Act, s 111. . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

49 Infrastructure guidelines—Act, ss 115 and 116 . . . . . . . . . . . . . . 40

Part 7 Dispute resolution

50 Qualifications and experience for referees—Act, s 232(1)(a). . . . 41

51 Tribunal chairperson—Act, s 236(4)(a). . . . . . . . . . . . . . . . . . . . . 42

52 Required fees for tribunal proceedings—Act, s 236(4)(b) . . . . . . 42

Part 8 Urban encroachment

Division 1 Application for registration or renewal


54 Requirements for application for registration or renewal—Act, s 275(a)42

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55 Applicant to give notice of application—Act, s 275. . . . . . . . . . . . 44

56 Minister may request extra information—Act, s 275(b) and (c) . . 44

57 Assessing application for registration or renewal—Act, s 275(d) . 45

58 Criteria for registration or renewal—Act, s 267(7)(b) . . . . . . . . . . 45

59 Content of notices—Act, s 275(e) . . . . . . . . . . . . . . . . . . . . . . . . 45

Division 2 Amending or cancelling registration

60 Notice of proposed amendment—Act, s 275(f) . . . . . . . . . . . . . . 46

61 Notice of proposed cancellation—Act, s 275(f) . . . . . . . . . . . . . . 47

62 Requirements for notices about cancelling or amending registration—Act, s 275(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Division 3 Affected area development applications

63 Development applications that are not affected area development applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48

Part 9 Miscellaneous

64 Approving plans of subdivision—Act, s 283(2)(b). . . . . . . . . . . . . 49

65 Public access to certain documents—Act, s 263(1) . . . . . . . . . . . 49

66 Planning and development certificates—Act, s 264(4). . . . . . . . . 50

67 Prescribed tidal works—Act, s 19, definition prescribed tidal works 50

Schedule 1 Regions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52

Part 1 SEQ region

Part 2 Far North Queensland region

Part 3 North West region

Part 4 Central West region

Part 5 South West region

Part 6 Maranoa—Balonne region

Part 7 Wide Bay Burnett region

Part 8 Mackay, Isaac and Whitsunday region

Part 9 Central Queensland region

Part 10 Darling Downs region

Part 11 Cape York region

Part 12 North Queensland region

Schedule 2 Zones for local planning instruments . . . . . . . . . . . . . . . . . . . 57

Schedule 3 Use terms for local planning instruments . . . . . . . . . . . . . . . . 65

Schedule 4 Administrative terms for local planning instruments . . . . . . 72

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Part 1 Administrative terms generally

Part 2 Administrative term relating to LGIPs

Schedule 5 Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78

Part 1 Infrastructure for transport

Part 2 Other infrastructure

Schedule 6 Assessment manager for development applications . . . . . . 80

Schedule 7 Development local categorising instrument is prohibited from stating is assessable development . . . . . . . . . . . . . . . . . . . . . 85

Part 1 Material change of use of premises

1 Material change of use for particular buildings or structures . . . . 85

2 Material change of use for particular cropping . . . . . . . . . . . . . . . 86

3 Material change of use in Guragunbah area . . . . . . . . . . . . . . . . 86

4 Material change of use for off-road motorcycling facility . . . . . . . 87

5 Material change of use for community residence . . . . . . . . . . . . . 90

Part 2 Operational work

6 Operational work by or on behalf of public sector entity. . . . . . . . 90

7 Operational work for ancillary works and encroachments . . . . . . 91

8 Operational work for substitute railway crossing . . . . . . . . . . . . . 91

9 Operational work performed by railway manager . . . . . . . . . . . . . 91

10 Operational work under rail feasibility investigator’s authority . . . 91

11 Operational work under Coastal Act. . . . . . . . . . . . . . . . . . . . . . . 91

12 Operational work for navigational aid or sign . . . . . . . . . . . . . . . . 92

13 Operational work for subscriber connection . . . . . . . . . . . . . . . . . 92

14 Operational work for agriculture . . . . . . . . . . . . . . . . . . . . . . . . . . 92

15 Operational work for removing quarry material . . . . . . . . . . . . . . 93

16 Operational work for the removal, destruction or damage of a marine plant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

17 Operational work for harvesting trees for wood production . . . . . 93

18 Operational work on off-road motorcycling facility land . . . . . . . . 93

Part 3 Reconfiguring a lot

19 Particular reconfigurations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94

Part 4 Other development

20 Development for a mining or petroleum activity . . . . . . . . . . . . . . 96

21 Development for geothermal exploration . . . . . . . . . . . . . . . . . . . 97

22 Development for GHG storage activities . . . . . . . . . . . . . . . . . . . 97

23 Development directed under a State law . . . . . . . . . . . . . . . . . . . 97

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24 Development for infrastructure activities. . . . . . . . . . . . . . . . . . . . 97

25 Development under South Bank Corporation Act 1989 . . . . . . . . 99

26 Development for a priority development area. . . . . . . . . . . . . . . . 99

27 Development for a connection under SEQ Water Act . . . . . . . . . 99

28 Development for public housing . . . . . . . . . . . . . . . . . . . . . . . . . . 99

29 Particular development for educational facilities. . . . . . . . . . . . . . 102

Schedule 8 Accepted development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106

Part 1 Building work

1 Building work declared under the Building Act . . . . . . . . . . . . . . . 106


2 Material change of use for aquaculture . . . . . . . . . . . . . . . . . . . . 106

3 Material change of use on contaminated land . . . . . . . . . . . . . . . 107

4 Material change of use in a State forest . . . . . . . . . . . . . . . . . . . . 108

5 Material change of use for noise sensitive place on noise attenuation land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108


6 Operational work for taking or interfering with water . . . . . . . . . . 109

7 Operational work for waterway barrier works . . . . . . . . . . . . . . . . 110

8 Operational work in a declared fish habitat area . . . . . . . . . . . . . 111

9 Operational work impacting on marine plants . . . . . . . . . . . . . . . 111

10 Operational work for wetland protection areas . . . . . . . . . . . . . . . 113

11 Operational work for tidal works or works within a coastal management district . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113

12 Operational work relating to levees . . . . . . . . . . . . . . . . . . . . . . . 114

Schedule 9 Prohibited development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115

1 Material change of use for a brothel . . . . . . . . . . . . . . . . . . . . . . . 115

2 Material change of use on contaminated land . . . . . . . . . . . . . . . 116

3 Operational work for clearing native vegetation . . . . . . . . . . . . . . 116

4 Operational work in a wetland protection area . . . . . . . . . . . . . . . 116

5 Development in North Stradbroke Island Region . . . . . . . . . . . . . 117

Schedule 10 Building work that is assessable development . . . . . . . . . . . 118

Part 1 Building work under Building Act

1 Assessable development [sch 3, part 1, table 1, item 1] . . . . . . . 118

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Part 2 Assessment by assessment manager

Part 3 Referral agency’s assessment

Division 1 Chief executive as referral agency

Division 2 Local government as referral agency

Division 3 Other persons as referral agency

Schedule 11 Material change of use of premises that is assessable development 143

Part 1 Material change of use for an environmentally relevant activity

Division 1 Assessable development


Division 2 Assessment by assessment manager

Division 3 Referral agency’s assessment

Part 2 Material change of use for a brothel




Part 3 Material change of use for a major hazard facility





Part 4 Material change of use for aquaculture


4 Assessable development [sch 3, part 1, table 2, item 10] . . . . . . 148



Schedule 12 Operational work that is assessable development . . . . . . . . 150

Part 1 Operational work that is clearing native vegetation





Part 2 Operational work associated with reconfiguring a lot


2 Assessable development [sch 3, pt 1, table 4, item 2] . . . . . . . . . 152

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Part 3 Operational work for taking or interfering with water





Part 4 Operational work for particular dams





Part 5 Operational work for tidal works or works in a coastal management district


5 Assessable development [sch 3, pt 1, table 4, item 5] . . . . . . . . . 157



Part 6 Operational work relating to fisheries


6 Assessable development [sch 3, part 1, table 4, items 6, 7 and 8] 162



Part 7 Operational work in a wetland protection area


7 Assessable development [schedule 3, part 1, table 4, item 10] . . 164



Part 8 Operational work for levees


8 Assessable development [sch 3, part 1, table 4, items 11 and 12] 166



Schedule 13 Reconfiguring a lot that is assessable development . . . . . . . 169

Part 1 Reconfiguring a lot under Land Title Act


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Schedule 14 Other development that is assessable development . . . . . . . 179

Part 1 Development for removing quarry material


1 Assessable development [schedule 3, part 1, table 5, item 1] . . . 179



Part 2 Development on Queensland heritage place


2 Assessable development [schedule 3, part 1, table 5, item 2] . . . 180



Part 3 Development on local heritage place





Part 4 Development on strategic port land


4 Assessable development [sch 3, part 1, table 5, item 6 and sch 3, part 1, table 2, item 3] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185



Part 5 Development in a priority port’s master planned area




Part 6 Development on airport land


6 Assessable development [sch 3, part 1, table 5, item 7 and sch 3, part 1, table 2, item 3] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187



Schedule 15 Referral agency assessment for particular prescribed assessable development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190

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Schedule 16 Referral agency assessment for particular assessable development under a local categorising instrument . . . . . . . . . . . . . . . . . . 194

Part 1 Preliminary

1 About this schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194



Part 4 Other assessable development

Schedule 17 Referral agency assessment for development at Port of Brisbane 211

Part 1 Preliminary

1 About this schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211

Part 2 Assessable development under Brisbane port LUP

Part 3 Development below high-water mark and within Port of Brisbane’s port limits

Schedule 18 Code assessment generally . . . . . . . . . . . . . . . . . . . . . . . . . . . 223

Part 1 Assessment benchmarks

1 Assessment benchmarks if local government is assessment manager223

2 Assessment benchmarks if chief executive is assessment manager for development application relating to Brisbane core port land . . . . 224

Part 2 Matters to have regard to

3 Matters code assessment must have regard to . . . . . . . . . . . . . . 224

Schedule 19 Impact assessment generally . . . . . . . . . . . . . . . . . . . . . . . . . 225


1 Assessment benchmarks if local government is assessment manager225

2 Assessment benchmarks if chief executive is assessment manager for development application relating to Brisbane core port land . . . . 225


3 Matters impact assessment must have regard to. . . . . . . . . . . . . 226

Schedule 20 Development in SEQ region . . . . . . . . . . . . . . . . . . . . . . . . . . . 227

Part 1 Preliminary

1 Definitions for schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227

2 Deciding whether there is an overriding need in the public interest for development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228

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Part 2 Prohibited development

3 Subdividing a lot in regional landscape and rural production area 229

Part 3 Material change of use in SEQ region that is assessable development

Division 1 Material change of use for particular tourist or sport and recreation activities

Subdivision 1 Assessable development

4 Assessable development [SEQ SPRP table 2B] . . . . . . . . . . . . . 230

Subdivision 2 Assessment by assessment manager

Division 2 Material change of use for particular community activities


5 Assessable development [SEQ SPRP table 2C] . . . . . . . . . . . . . 233


Subdivision 3 Referral agency’s assessment

Division 3 Material change of use for particular indoor recreation


6 Assessable development [SEQ SPRP table 2D] . . . . . . . . . . . . . 237



Division 4 Material change of use for particular residential development


7 Assessable development [SEQ SPRP table 2E] . . . . . . . . . . . . . 239



Division 5 Material change of use for particular urban activities


8 Assessable development [SEQ SPRP table 2F] . . . . . . . . . . . . . 241



Part 4 Referral agency assessment for particular reconfiguring a lot

Part 5 Referral agency assessment for particular material change of use

Schedule 21 Development in koala habitat area . . . . . . . . . . . . . . . . . . . . . 247

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Part 1 Preliminary

1 Application of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 247


Part 2 Request about koala habitat type

3 Request to assessment manager. . . . . . . . . . . . . . . . . . . . . . . . . 253


4 Material change of use in priority koala assessable development area254


5 Assessment benchmarks—particular development relating to existing development approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255

6 Assessment benchmarks—particular development in identified koala broad-hectare area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256

7 Assessment benchmarks—development for particular infrastructure 257

8 Assessment benchmarks—development for extractive industry . 258

9 Assessment benchmarks—development in priority koala assessable development area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259

10 Assessment benchmarks—development in koala assessable development area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260

Part 5 Requirements for native vegetation clearing

11 Requirements for clearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262

Schedule 22 Particular reconfiguring a lot requiring code assessment . . 263

1 Application of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 263


3 References to local instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . 264

4 Assessment benchmarks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264

Schedule 23 Requirements for cropping involving forestry for wood production 268

Part 1 Requirements

1 Requirements for material change of use or operational work . . . 268

Part 2 Separation distances

Schedule 24 Requirements for high impact earthworks in a wetland protection area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272

1 Requirements for high impact earthworks in wetland protection area272

2 Criteria for operational work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273

Schedule 25 Particular application fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278

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Part 1 Assessment manager application fees

Division 1 Preliminary

1 Assessment manager application fee for relevant aspects of development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278

2 Assessment manager application fee components for particular applications for vegetation clearing . . . . . . . . . . . . . 278

3 Assessment manager application fee components for particular applications for waterway barrier works . . . . . . . . . 279

4 Assessment manager application fee for particular applications for fast-track development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279

5 Assessment manager application fee for applications by registered non-profit organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280

Division 2 Fees

Part 2 Referral agency application fees


6 Referral agency application fee applies for relevant aspects of development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289

7 Referral agency application fee for particular building work . . . . . 289

8 Referral agency application fee components for particular applications for clearing vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290

9 Referral agency application fee components for particular applications for waterway barrier works . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 290

10 Referral agency application fee for particular applications for fast-track development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291

11 Referral agency application fee for applications by registered non-profit organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291

Division 2 Fees

Part 3 Other fees


12 Fees for change applications and extension applications . . . . . . 308

Division 2 Fees

Schedule 26 Maximum for adopted charges . . . . . . . . . . . . . . . . . . . . . . . . 309

Schedule 27 Tribunal fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313

Schedule 28 Approving plans of subdivision . . . . . . . . . . . . . . . . . . . . . . . . 319

1 Request for approval of plan of subdivision . . . . . . . . . . . . . . . . . 319

2 Assessing request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319

3 Deciding request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320

Schedule 29 Special fire services and matters for referral agency assessment 322

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Contents


Part 1 Special fire services

Part 2 Matters referral agency’s assessment must be against

Schedule 30 Development impacting on State transport infrastructure and thresholds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 327

Schedule 31 Clearing of native vegetation that is not assessable development 330

Part 1 Clearing and other activities or matters—general

1 Clearing and other activities or matters for premises generally . . 330

Part 2 Clearing for particular land

2 Freehold land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 335

3 Indigenous land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336

4 Land subject to a lease under Land Act . . . . . . . . . . . . . . . . . . . . 337

5 Land that is a road under Land Act . . . . . . . . . . . . . . . . . . . . . . . 339

6 Particular trust land under Land Act . . . . . . . . . . . . . . . . . . . . . . . 340

7 Unallocated State land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 341

8 Land subject to a licence or permit under Land Act . . . . . . . . . . . 342

Schedule 32 Publicly accessible documents . . . . . . . . . . . . . . . . . . . . . . . . 343

Part 1 Requirements for local governments

1 Documents local government must keep available for inspection and purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 343

2 Documents local government must keep available for inspection only349

3 Documents local government must or may publish on website . . 350

Part 2 Requirements for particular assessment managers

4 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351

5 Documents assessment manager must keep available for inspection and purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 351

6 Documents assessment manager must keep available for inspection only. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353

7 Documents assessment manager must or may publish on website 355

Part 3 Requirements for referral agencies

8 Documents referral agency must keep available for inspection and purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 356

9 Documents referral agency must keep available for inspection only 356

10 Documents referral agency may publish on website . . . . . . . . . . 357

Part 4 Requirements for chief executive

11 Documents chief executive must keep available for inspection and purchase. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 358

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Contents


12 Documents chief executive must keep available for inspection only 361

13 Documents chief executive must or may keep on website . . . . . . 362

Schedule 33 Content of planning and development certificates . . . . . . . . 363

1 Limited planning and development certificates . . . . . . . . . . . . . . 363

2 Standard planning and development certificates . . . . . . . . . . . . . 363

3 Full planning and development certificates . . . . . . . . . . . . . . . . . 366

Schedule 34 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 368

[s 1]

Planning Regulation 2016Part 1 Preliminary

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Part 1 Preliminary
1 Short title

This regulation may be cited as the Planning Regulation 2016.

2 Commencement

This regulation commences on [insert date].

3 Definitions

The dictionary in schedule 34 defines particular words used inthis regulation.

Part 2 Planning

Division 1 State planning instruments

4 Regions—Act, sch 2

(1) The local government areas, or parts of the local governmentareas, of each group of local governments stated in a part ofschedule 1 are prescribed as a region for schedule 2, definitionregion of the Act.

(2) Each region has the name given in schedule 1.

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[s 5]

Planning Regulation 2016Part 2 Planning

Division 2 Local planning instruments

Subdivision 1 Regulated requirements

5 Application of subdivision

This subdivision does not apply to—

(a) a local planning instrument made under the old Actbefore or after the commencement; or

(b) a TLPI made for all or part of a local government area ifa planning scheme made under the old Act before orafter the commencement applies to the area.

6 Zones that may be adopted—Act, s 16

(1) A local planning instrument must not include land in a zone(however described) other than a zone in schedule 2, column1.

(2) If a local planning instrument includes land in a zone inschedule 2, column 1—

(a) the instrument must include the purpose statement forthe zone in schedule 2, column 2; and

(b) the land included in the zone must be shown on zoningmaps in the local planning instrument using the RGBcolour for the zone in schedule 2, column 3.

(3) However—

(a) a local planning instrument may use a term other than‘zone’ for classifying land in the local government area;and

(b) a local planning instrument may change a purposestatement for a zone—

(i) to replace the term ‘zone’ with another term, if thelocal planning instrument uses a term other than‘zone’ for classifying land; or

[s 7]


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(ii) if the Minister considers the change is necessary or
desirable having regard to the circumstances in thelocal government area that the instrument willapply to.

(4) In this section—

RGB colour means the colour created when the colours red,green and blue are combined in accordance with an integervalue for each colour, expressed as a number from 0 to 255.

7 Use terms that may be adopted—Act, s 16

(1) For regulating uses in a local government area, a localplanning instrument may adopt only the use terms in schedule3, column 1.

(2) If a local planning instrument adopts a use term in schedule 3,column 1, the local planning instrument must include thedefinition of the term in schedule 3, column 2.

8 Administrative terms—Act, s 16

(1) If a local planning instrument includes an administrative termin schedule 4, part 1, column 1, the local planning instrumentmust include the definition (the prescribed definition) of theterm in schedule 4, part 1, column 2.

(2) Subsection (3) applies if an LGIP, or a provision of a localplanning instrument relating to an LGIP, includes anadministrative term in schedule 4, part 2, column 1.

(3) The LGIP or the local planning instrument must include thedefinition (also the prescribed definition) of the term inschedule 4, part 2, column 2.

(4) A local planning instrument may include an administrativeterm, other than a term in schedule 4, only if the term isconsistent with and does not change the effect of—

(a) the administrative terms in schedule 4; and

(b) the prescribed definitions for those terms.

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[s 9]


Subdivision 2 Other provisions for local planning instruments

9 Minister’s guidelines and rules—Act, s 17

The Minister’s guidelines and rules are contained in thedocument called ‘Statutory guideline XXXX’, dated XXXXand published on the department’s website.

10 Application of planning scheme in tidal areas—Act, s 19

A local government may apply its planning scheme as acategorising instrument in relation to prescribed tidal works inthe tidal area for its non-port local government area to theextent stated in the Coastal Regulation, schedule 4A.

Division 3 Superseded planning schemes

11 Making superseded planning scheme request—Act, s 29(5)

(1) If the local government to which a superseded planningscheme request is made has an approved form for the request,the request must be in the approved form.

(2) A superseded planning scheme request must include—

(a) the name, residential or business address, electronicaddress and phone number of the person making therequest; and

(b) the address or property description of the premises thatthe request relates to; and

(c) a statement about whether the person making therequest is asking the local government—

Note: The title and date of the Minister’s rules and guidelines will beinserted once made.

[s 12]


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(i) to accept, assess and decide a superseded planning
scheme application; or

(ii) to apply a superseded planning scheme to thecarrying out of development that was accepteddevelopment under the superseded planningscheme; and

(d) for a request under paragraph (c)(i)—a copy of theproposed superseded planning scheme application; and

(e) for a request under paragraph (c)(ii)—a description ofthe proposed development; and

(f) details of the superseded planning scheme that therequest relates to; and

(g) if the local government has set a fee under subsection(3) for considering the request—the fee.

(3) A local government may, by resolution, set a fee forconsidering a superseded planning scheme request.

12 Deciding superseded planning scheme request—Act, s 29(5)

(1) A local government must decide a superseded planningscheme request within 30 business days after the request isreceived.

(2) The period for deciding the request may be extended by thelocal government if the person making the request agrees, inwriting, to the extension before the period ends.

13 Minister’s rules for planning changes made to reduce particular risks—Act, s 30(4)(e)(i)

The Minister’s rules for making a planning change to reduce amaterial risk of serious harm stated in section 30(4)(e)(i) ofthe Act are contained in the document called ‘XXXX’, datedXXXX and published on the department’s website.

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[s 14]


Division 4 Designation of premises for development of infrastructure

14 Infrastructure—Act, s 35(1)

The infrastructure stated in schedule 5 is prescribed forsection 35(1) of the Act.

15 Guideline for environmental assessment and consultation—Act, s 36(3)

The guideline for the process for carrying out anenvironmental assessment, including adequate consultation,under section 36(2) of the Act is contained in the documentcalled ‘Statutory guideline XXXX’, dated XXXX, andpublished on the department’s website.

16 Designation process rules—Act, s 37(8), definition designation process rules

The designation process rules are contained in the documentcalled ‘XXXX’, dated XXXX and published on thedepartment’s website.

Note: The title and date of the guideline will be inserted once made.

Note: The title and date of the rules will be inserted once made.

[s 17]

Planning Regulation 2016Part 3 Categorising instruments and categories of development

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Part 3 Categorising instruments and
categories of development

17 Development local categorising instrument is prohibited from stating is assessable development—Act, s 43(4)(b)

A local categorising instrument is prohibited from stating thatdevelopment stated in schedule 7 is assessable development.

18 Accepted, prohibited and assessable development—Act, s 43(1)

(1) Development stated in schedule 8 [Accepted development] isaccepted development.

(2) Development stated in the following provisions is prohibiteddevelopment—

(a) schedule 9 [Prohibited development];

(b) schedule 20 [Development in SEQ region], part 2[Prohibited development];

(c) schedule 21 [Development in koala habitat area], part 3[Prohibited development].

(3) Development stated in the following schedules is assessabledevelopment, if the schedules state the development isassessable development—

(a) schedules 10 [Building work that is assessabledevelopment] to 14 [Other development that isassessable development];

(b) schedule 20 [Development in SEQ region], part 3[Material change of use in SEQ region that is assessabledevelopment].

(4) However, subsection (3)(a) does not apply to developmentthat is—

(a) PDA-related development; and

(b) stated in—

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[s 19]

Planning Regulation 2016Part 4 Development applications

(i) schedule 12 [Operational work that is assessabledevelopment], section 3, 5 or 6(c); or

(ii) schedule 14 [Other development that is assessabledevelopment], section 1 or 2.

(5) Schedules 10 [Building work that is assessable development]to 14 [Other development that is assessable development] and20 [Development in SEQ region], part 3 [Material change ofuse in SEQ region that is assessable development] state thecategory of assessment required for development that isassessable development under the schedules.

Part 4 Development applications

Division 1 Assessment manager

19 Assessment manager for development applications—Act, s 48(2)

Schedule 6 [Assessment manager for developmentapplications], column 2 states the assessment manager for thedevelopment application stated in column 1.

Division 2 Referral agencies generally

Subdivision 1 Preliminary

20 Application of division

This division does not apply to a development application fordevelopment on Brisbane core port land that is categorised asassessable development under the Brisbane port LUP, unlessthe development is—

[s 21]


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(a) building work; or
(b) carried out on a Queensland heritage place.

Subdivision 2 Referral agencies generally

21 Referral agencies generally—Act, ss 54(2)(a) and 56(5)

(1) The following schedules state the referral agencies forparticular development applications stated in the schedules—

(a) schedules 10 [Building work that is assessabledevelopment] to 16 [Referral agency assessment forassessable development under a local categorisinginstrument];

(b) schedule 20 [Development in SEQ region].

(2) A referral agency’s powers for a development application arelimited in the way stated for the application in the schedules.

Subdivision 3 Referral agency’s assessment generally

22 Purpose of subdivision

(1) This subdivision prescribes, for section 55(2) of the Act, thematters a referral agency may or must—

(a) assess a development application against; and

(b) have regard to for the assessment.

(2) However, a referral agency may consider a matter only to theextent the matter is relevant to the development.

23 Matters generally

(1) A referral agency for a development application must assessthe application having regard to—

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[s 24]


(a) a local instrument applying to the premises; and

(b) the regional plan for a region, unless the regional plan isidentified in the planning scheme as being appropriatelyreflected in the planning scheme; and

(c) if the premises are designated premises—thedesignation; and

(d) to the extent the referral agency’s powers involveassessing the cost impacts of supplying infrastructurefor development under chapter 4, part 2, division 2,subdivision 3 or part 3 of the Act—any relevant chargesresolution; and

(e) material about the application received by the referralagency, including material received before theapplication was made.

(2) If the referral agency is the chief executive, the referral agencymay also assess the application having regard to any otherrelevant matter, other than a person’s personal circumstances,financial or otherwise.

(3) If the referral agency is a person other than the chiefexecutive, the referral agency must assess the developmentapplication against—

(a) the laws administered by the referral agency; and

(b) the policies that are reasonably identifiable as policiesapplied by the referral agency.

24 Other matters for assessing prescribed assessable development

(1) This section applies to a development application forprescribed assessable development.

(2) Schedules 10 [Building work that is assessable development]to 15 [Referral agency assessment for particular prescribedassessable development] prescribe other matters a referralagency may or must—

(a) assess the development application against; and

[s 25]


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25 Other matters for assessing particular assessable development under local categorising instrument

(1) This section applies to a development application forassessable development under a local categorising instrumentstated in schedule 16 [Referral agency assessment forassessable development under a local categorisinginstrument].

(2) Schedule 16 [Referral agency assessment for assessabledevelopment under a local categorising instrument] prescribesother matters a referral agency may or must—



26 Other matters for assessing particular assessable development in SEQ region

(1) This section applies to a development application forassessable development in the SEQ region stated in schedule20 [Development in SEQ region], parts 3 to 5.

(2) Schedule 20 [Development in SEQ region] prescribes othermatters a referral agency may or must—



Division 3 Referral agencies for particular development at Port of Brisbane


This division applies to a development application for—

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[s 28]


(a) development on Brisbane core port land, if the Brisbaneport LUP categorises the development as assessabledevelopment; or

(b) development—

(i) within the Port of Brisbane’s port limits under theTransport Infrastructure Act; and

(ii) below high-water mark.

28 Referral agencies for development application—Act, ss 54(2)(a) and 56(5)

(1) Schedule 17 [Referral agency assessment for development atPort of Brisbane] states the referral agencies for particulardevelopment applications that this division applies to.

(2) A referral agency’s powers for the development applicationare limited in the way stated for the application in schedule 17[Referral agency assessment for development at Port ofBrisbane].

29 Referral agency’s assessment of development application—Act, s 55(2)

(1) Schedule 17 [Referral agency assessment for development atPort of Brisbane] prescribes the matters a referral agency mayor must—



(2) Also, a referral agency must assess the developmentapplication having regard to—

(a) the Brisbane port LUP; and

(b) if the premises are designated premises—thedesignation; and

(c) to the extent the referral agency’s powers involveassessing the cost impacts of supplying infrastructurefor development under chapter 4, part 2, division 2,

[s 30]


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subdivision 3 or part 3 of the Act—any relevant charges
resolution; and

(d) material about the application received by the referralagency, including material received before theapplication was made.

(3) However, a referral agency may consider a matter only to theextent the matter is relevant to the development.

Division 4 Assessing and deciding development applications

Subdivision 1 Referral agency’s response

30 When no response by referral agency is taken to be direction to refuse—Act, s 58(2)(c)

(1) This section applies to a development application for buildingwork under the Building Act if—

(a) the local government is a referral agency for theapplication; and

(b) the local government is assessing a matter other than theamenity and aesthetic impact of a building or structure;and

(c) the local government does not comply with section56(4) of the Act before the end of the period stated inthe development assessment rules for complying withthe section.

(2) The local government is taken to have directed the assessmentmanager to refuse the application.

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[s 31]


Subdivision 2 Code assessment

31 Code assessment—Act, s 45(3)

(1) For all development applications for development requiringcode assessment, schedule 18 [Code assessment generally]prescribes—

(a) the assessment benchmarks the assessment must becarried out against; and

(b) the matters the assessment must be carried out havingregard to.

(2) For development applications for prescribed assessabledevelopment requiring code assessment, schedules 10[Building work that is assessable development] to 14 [Otherdevelopment that is assessable development] prescribe—

(a) other assessment benchmarks the assessment must becarried out against; and

(b) other matters the assessment must be carried out havingregard to.

(3) However—

(a) for a development application for reconfiguring a lotthat schedule 22 [Particular reconfiguring a lot..] appliesto—code assessment must be carried out only againstthe assessment benchmarks prescribed in schedule 22for the development; and

(b) an assessment manager may, in assessing a developmentapplication, consider an assessment benchmark ormatter only to the extent the matter is relevant to thedevelopment.

[s 32]


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Subdivision 3 Impact assessment
32 Impact assessment—Act, s 45(5)

(1) For all development applications for development requiringimpact assessment, schedule 19 [Impact assessmentgenerally] prescribes—

(a) the assessment benchmarks the assessment must becarried out against; and

(b) the matters the assessment must be carried out havingregard to.

(2) For development applications for prescribed assessabledevelopment requiring impact assessment, schedules 10[Building work that is assessable development] to 14 [Otherdevelopment that is assessable development] prescribe—



(3) For development applications for assessable developmentrequiring impact assessment under schedule 20 [Developmentin SEQ region], part 3, that part prescribes—



(4) However, an assessment manager may, in assessing adevelopment application, consider an assessment benchmarkor matter only to the extent the matter is relevant to thedevelopment.

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[s 33]


Subdivision 4 Assessing variation requests

33 Assessing variation requests—Act, s 61(2)(d)

An assessment manager must consider the following matterswhen assessing a variation request, to the extent the matter isrelevant to the request—

(a) the common material;

(b) if the assessment manager is a local government—theState Planning Policy, part E, unless the State PlanningPolicy is identified in the planning scheme as beingappropriately reflected in the planning scheme;

(c) the regional plan for a region, unless the regional plan isidentified in the planning scheme as being appropriatelyreflected in the planning scheme.

Subdivision 5 Assessment benchmarks for particular development

34 Assessment benchmarks for koala habitat areas

(1) This section applies to a development application fordevelopment that schedule 21 [Development in koala habitatareas] applies to.

(2) Schedule 21 [Development in koala habitat areas], part 4prescribes assessment benchmarks for the development.

(3) A local categorising instrument that states assessmentbenchmarks relating to koala conservation is not inconsistentwith the assessment benchmarks in schedule 21 [Developmentin koala habitat areas], part 4 to the extent the assessmentbenchmarks in the local categorising instrument contain extrarequirements.

[s 35]


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35 Assessment benchmarks for noise sensitive place on
noise attenuation land

(1) This section applies to a development application for amaterial change of use of premises for a noise sensitive placeif the noise sensitive place is—

(a) on noise attenuation land; and

(b) located on a part of the premises that has noise levelsexceeding 45dBA (LAeq) during the operating hours ofan off-road motorcycling facility on off-roadmotorcycling facility land.

(2) The outcomes prescribed for noise category 2 in the QDC,part 4.4 is an assessment benchmark for the development.

Subdivision 6 Assessment benchmarks that may not be changed

36 Assessment benchmarks that may not be changed—Act, s 43(4)(c)

The effect of the following assessment benchmarks, or partsof the assessment benchmarks, may not be changed under alocal categorising instrument—

(a) the building assessment provisions mentioned in theBuilding Act, section 30(a) to (d), (f) or (g);

(b) the Coastal Regulation, schedule 4A;

(c) the Environmental Protection Regulation, section 19C;

(d) the Prostitution Regulation 2014, schedule 3;

(e) the Queensland Heritage Regulation 2015, schedule 2.

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[s 37]


Division 5 Miscellaneous

37 Who decision notice must be given to—Act, s 63(1)(f)

(1) If a distributor-retailer delegated its functions as a referralagency for a development application to its participating localgovernment, the assessment manager must give a decisionnotice for the application to the distributor-retailer.

(2) The assessment manager for a development application forbuilding work must give a decision notice for the applicationto—

(a) if the building that the application relates to is, under theBuilding Code, a single detached class 1a building or aclass 10 building or structure—the owner of thebuilding; and

(b) any other person nominated on the application as theperson to receive documents.

38 Requirements for decision notice—Act, s 63(3)

A decision notice for a development application that isapproved must—

(a) state any other development permits necessary to allowthe development to be carried out; and

(b) be accompanied by any approved plans, specificationsor drawings for the development approval; and

(c) if the development involves building work that isbuilding, repairing or altering a building—state theclassification or proposed classification of the buildingor parts of the building under the Building Code; and

(d) if the development application is taken, under theEnvironmental Protection Act, section 115, to also be anapplication for an environmental authority—state detailsof any environmental authority given for the applicationunder the Environmental Protection Act; and

[s 39]


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(e) be accompanied by a copy of any written agreement
under section 49(4)(b) or 66(2)(b) or (c) of the Actrelating to the approval.

39 Development assessment rules—Act, s 68(4)

The development assessment rules are contained in thedocument called ‘XXXX’, dated XXXX, and published by thedepartment.

40 Who decision about change representations must be given to—Act, s 76(2)(b)(v)

(1) This section applies if—

(a) change representations are made for a developmentapproval; and

(b) the assessment manager agrees with any of the changerepresentations.

(2) If a distributor-retailer delegated its functions as a referralagency for the development application to its participatinglocal government, the assessment manager must give anegotiated decision notice about the decision to thedistributor-retailer.

(3) If the development approval is for building work, theassessment manager must give a negotiated decision noticeabout the decision to—

(a) for an approval for a building that is, under the BuildingCode, a single detached class 1a building or a class 10building or structure—the owner of the building; and

(b) any other person nominated on the developmentapplication as the person to receive documents.

Note: The title and date of the development assessment rules will beinserted once made.

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[s 41]

Planning Regulation 2016Part 5 Proposed call in notices

41 Fees for particular applications

Schedule 25 [Particular application fees] prescribes—

(a) for section 51(1)(b)(ii) of the Act, the fees for particulardevelopment applications for prescribed assessabledevelopment; and

(b) for section 54(1) of the Act, the fees for givingparticular development applications to a referral agencyfor the application; and

(c) for section 79(1)(b)(i) of the Act, the fees for making achange application to the chief executive as theresponsible entity; and

(d) for section 86(2)(b)(i) of the Act, the fees for making anextension application to the chief executive as theassessment manager.

Part 5 Proposed call in notices

42 Content of proposed call in notice—Act, s 101(3)(a)

A proposed call in notice for an application must state—

(a) that the Minister is proposing to call in the application;and

(b) the reasons for the proposed call in; and

(c) for an application other than a cancellationapplication—

(i) if the notice is given before the decision-makerdecides the application—that the process forassessing and deciding the application stops on theday the notice is given; and

(ii) the point in the process for assessing and decidingthe application from which the Minister proposes

[s 43]


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the process will restart if the application is called
in; and

(iii) if the application is proposed to be called in beforethe decision-maker decides theapplication—whether the Minister intends to directthe decision-maker to assess all or part of theapplication; and

(d) that the person to whom the notice is given may makerepresentations to the Minister about the proposed callin within the representation period.

43 When proposed call in notice must be given—Act, s 101(3)(b)

A proposed call in notice for an application must be given—

(a) if the application is a development application—anytime before the latest of the following—

(i) 15 business days after the chief executive receivesnotice of an appeal about the decision for theapplication;

(ii) if there is a submitter for the application—50business days after the decision notice is given tothe applicant;

(iii) if there are no submitters for the application and adecision notice is given for the application—25business days after the day the decision notice isgiven to the applicant;

(iv) if the application is taken to have been approvedunder section 64 of the Act and a decision notice isnot given for the application—25 business daysafter the day the decision notice was required to begiven to the applicant; or

(b) if the application is change representations about adevelopment approval—any time before the latest of thefollowing—

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[s 44]


(i) 15 business days after the chief executive receivesnotice of an appeal about the decision for thedevelopment application;

(ii) if there is a submitter for the developmentapplication—50 business days after the decisionnotice for the change representations is given to theapplicant;

(iii) if there are no submitters for the developmentapplication—25 business days after the day thedecision notice for the change representations isgiven to the applicant; or

(c) if the application is a change application or an extensionapplication—within 20 business days after the latest ofthe following—

(i) the chief executive receives notice of an appealabout the decision for the application;

(ii) the end of the appeal period for the decision on theapplication; or

(d) if the application is a cancellation application—any timebefore the development approval is cancelled.

44 Effect of proposed call in notice on process for assessing and deciding application—Act, s 101(3)(c)

(1) If a proposed call in notice is given for an application, otherthan a cancellation application, before the decision-makerdecides the application, the process for assessing and decidingthe application stops on the day the notice is given.

(2) If the Minister gives notice, under section 47, that theapplication will not be called in, the process for assessing anddeciding the application restarts from the point in the processat which it stopped under subsection (1).

[s 45]


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45 Effect of proposed call in notice on appeal period—Act, s
101(3)(c)

(1) This section applies to an application, other than acancellation application, if—

(a) a proposed call in notice is given for the applicationafter the decision-maker decides the application; and

(b) the Minister gives notice, under section 47, that theapplication will not be called in.

(2) The appeal period relating to the decision is taken to havestarted again the day after the notice is given under section 47.

46 Representation period—Act, s 101(3)(d)

The representation period for a proposed call in is the periodof at least 5 business days after the proposed call in notice isgiven, stated in the notice.

47 Notice of decision not to call in application—Act, s 101(3)(e)

(1) If the Minister decides not to call in an application for which aproposed call in notice has been given, the Minister must givenotice of the decision to each person to whom the proposedcall in notice was given.

(2) The notice must be given within 20 business days after the endof the representation period for the proposed call in.

(3) Subsection (4) applies if the proposed call in notice wasgiven—

(a) for an application other than a cancellation application;and

(b) before the decision-maker decided the application.

(4) The notice under subsection (2) must state that the process forassessing and deciding the application restarts from the pointin the process at which the process stopped because of thegiving of the proposed call in notice.

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[s 48]

Planning Regulation 2016Part 6 Infrastructure

Part 6 Infrastructure

48 Adopted charges—Act, s 111

(1) For section 111(3)(b) of the Act—

(a) if development is a material change of use,reconfiguring a lot or building work and is for a usestated in schedule 26 [Maximum for adopted charges],column 1—a local government may have an adoptedcharge for trunk infrastructure for the developmentunder chapter 4 of the Act; and

(b) if a connection under the SEQ Water Act is for a usestated in schedule 26 [Maximum for adopted charges],column 1—a distributor-retailer may have an adoptedcharge under that Act for trunk infrastructure for theconnection.

(2) However, a local government or distributor-retailer may nothave an adopted charge for development, or a connection, thatis for—

(a) an educational establishment for the Flying Start forQueensland Children program; or

(b) a low impact rural use; or

(c) a minor use.

(3) For section 111(1) of the Act, schedule 26 [Maximum foradopted charges], column 2 states the maximum amount foreach adopted charge under chapter 4 of the Act and the SEQWater Act to provide trunk infrastructure for the use stated inschedule 26, column 1.


landing means the use of premises for a structure formooring, launching, storing and retrieving vessels, and fromwhich passengers embark and disembark.

low impact rural use means a use that is—

(a) animal husbandry; or

[s 49]

Planning Regulation 2016Part 6 Infrastructure

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(b) cropping; or
(c) a permanent plantation; or

(d) a wind farm.

minor use means a use that is—

(a) an advertising device; or

(b) a cemetery; or

(c) a home-based business; or

(d) a landing; or

(e) a market; or

(f) outdoor lighting; or

(g) a park; or

(h) a roadside stall; or

(i) a telecommunications facility; or

(j) a temporary use.

permanent plantation means the use of premises for growing,but not harvesting, plants for the purpose of carbonsequestration, biodiversity, natural resource management oranother similar purpose.

roadside stall means the use of premises for the roadsidedisplay and sale of goods in a rural area.

temporary use means a use that—

(a) is carried out on a non-permanent basis; and

(b) does not involve the construction of, or significantchanges to, permanent buildings or structures.

49 Infrastructure guidelines—Act, ss 115 and 116

The guidelines for the following matters are contained in thedocument called ‘Statutory Guideline XXXX’, dated XXXXand published by the department—

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[s 50]

Planning Regulation 2016Part 7 Dispute resolution

(a) parameters for the purpose of working out an offset orrefund under chapter 4, part 2 of the Act;

(b) parameters for the criteria for deciding a conversionapplication.

Part 7 Dispute resolution

50 Qualifications and experience for referees—Act, s 232(1)(a)

The Minister or chief executive may appoint a person to be areferee if the person has demonstrated knowledge of at least 1of the following that the Minister or chief executive considersis sufficient to enable the person to perform the functions of areferee—

(a) building design and construction;

(b) infrastructure design and delivery;

(c) siting of residential buildings;

(d) neighbourhood amenity matters;

(e) relevant health or fire safety matters;

(f) the Act, the Building Act or the Plumbing and DrainageAct;

(g) the Building Code, the QDC or the Australian Standardsrelating to building work;

(h) the National Plumbing and Drainage Code, theQueensland Plumbing and Wastewater Code or theAustralian Standards relating to plumbing and drainagework;

(i) engineering;

(j) accounting.

[s 51]

Planning Regulation 2016Part 8 Urban encroachment

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51 Tribunal chairperson—Act, s 236(4)(a)
If a tribunal is to hear only a proceeding about aninfrastructure charges notice or conversion application, thechairperson of the tribunal must be a lawyer.

52 Required fees for tribunal proceedings—Act, s 236(4)(b)

The required fees for tribunal proceedings are stated inschedule 27.

Part 8 Urban encroachment

Division 1 Application for registration or renewal


This division applies to an application under section 267 ofthe Act to register, or renew the registration of, premises.

54 Requirements for application for registration or renewal—Act, s 275(a)

(1) The application must include—

(a) a map that shows—

(i) the area (the mapped area) that the proposedregistration, or renewed registration, is intended torelate to; and

(ii) a lot on plan description of the mapped area; and

(b) details of any intensification of development, orproposed development, within the mapped area that isencroaching, or is likely to encroach, on the premises;and

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[s 54]


(c) a statement about the nature of development proposedfor the mapped area under a local categorisinginstrument or regional plan applying to the area; and

(d) information about the significance of the activity carriedout at the premises to the economy, heritage orinfrastructure of the State, a region or the locality inwhich the mapped area is situated; and

(e) details of all public consultation carried out in themapped area by, or for, the applicant about the proposedregistration or renewal, including—

(i) copies of the notices mentioned in section 55; and

(ii) details of the period for which the consultation wascarried out and the outcomes of the consultation;and

(f) details of any written complaints made to theapplicant—

(i) within 1 year before the application is made; and

(ii) about emissions from the activity carried out at thepremises; and

(g) details of any action taken by, or for, the applicant tomitigate emissions from the activity carried out at thepremises; and

(h) a report (the technical report) prepared by anappropriately qualified person that shows the levels ofemissions from the carrying out of the activity duringnormal operating hours for the premises; and

(i) if the activity is a prescribed ERA under theEnvironmental Protection Act—a copy of theenvironmental authority for carrying out the activity.

(2) The technical report must include a certification by the personwho prepared the report about whether the levels of emissionsfrom the carrying out of the activity comply with—

(a) any development approval for the premises; and

(b) any environmental authority applying to the activity.

[s 55]


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appropriately qualified, for the preparation of a technicalreport, means having the technical expertise, qualifications orexperience necessary to prepare the report.

55 Applicant to give notice of application—Act, s 275

(1) The applicant must—

(a) give notice of the application to the owners andoccupiers of all premises in the mapped area; and

(b) publish a notice about the application at least once in anewspaper circulating generally in the mapped area.

(2) The notice must—

(a) state the name, postal address, electronic address andphone number of the applicant; and

(b) state the name of, or describe, the premises that theapplication relates; and

(c) describe the mapped area; and

(d) state where copies of the application may be inspectedor purchased; and

(e) include information about legal proceedings that, undersection 274 of the Act, will not be able to be brought ifthe application is approved.

56 Minister may request extra information—Act, s 275(b) and (c)

(1) This section applies if the Minister reasonably requires extrainformation or a document to decide the application.

(2) The Minister may give the applicant a notice requiring theapplicant to give the extra information or document to theMinister within the reasonable period of at least 30 businessdays stated in the notice.

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[s 57]


(3) The notice must be given within 30 business days after theMinister receives the application.

(4) If the applicant does not comply with the requirement withinthe stated period, the applicant is taken to have withdrawn theapplication.

57 Assessing application for registration or renewal—Act, s 275(d)

(1) The Minister must assess the application against the followingmatters—

(a) whether the activity carried out on the premises issignificant to the economy, heritage or infrastructure ofthe State, a region or the locality in which the mappedarea is situated;

(b) whether the activity carried out on the premises isconsistent with the nature of development proposed forthe mapped area under a local categorising instrument,and a regional plan, applying to the mapped area.

(2) The Minister must assess the application having regard to theoutcomes of the public consultation about the proposedregistration or renewal.

58 Criteria for registration or renewal—Act, s 267(7)(b)

For section 267(7)(b) of the Act, the Minister must besatisfied that public consultation about the proposedregistration or renewal has been carried out in the mappedarea by, or for, the applicant.

59 Content of notices—Act, s 275(e)

(1) This section applies if the Minister decides, under section 267of the Act, to register premises or renew the registration ofpremises.

(2) The decision notice given under section 267(8) of the Act forthe decision must—

[s 60]


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(a) if the decision is to register the premises, or renew the
registration, on conditions—state the conditions and theperiod within which the conditions must be compliedwith; and

(b) if the Minister decides a term of registration for thepremises of more than 10 years—state the term of theregistration.

(3) The notice that the Minister gives to a local government undersection 267(12) of the Act must—

(a) include a map of the affected area for the registeredpremises; and

(b) state the period for which the registration has effect.

(4) The notice published by the owner of the premises undersection 269(3)(a) or (4) of the Act must state—

(a) the name of, or describe, the registered premises; and

(b) a description of the affected area for the registeredpremises; and

(c) where a member of the public can get—

(i) a map showing details of the affected area for theregistered premises; or

(ii) the conditions of the registration; or

(iii) details of the type and levels of emissions from thecarrying out of the activity for which the premisesare registered.

Division 2 Amending or cancelling registration

60 Notice of proposed amendment—Act, s 275(f)

(1) This section applies if the Minister proposes to amend theconditions of the registration of premises under section268(1)(a) of the Act.

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[s 61]


(2) The Minister must give the owner of the premises a notice thatstates—

(a) that the Minister proposes to amend the conditions ofthe registration; and

(b) details of the proposed amendment, including thereasons for the amendment; and

(c) that the owner may, within a stated period of at least 14business days after the notice is given, makerepresentations to the Minister about the proposedamendment.

61 Notice of proposed cancellation—Act, s 275(f)

(1) This section applies if the Minister proposes to cancel theregistration of premises under section 268(1)(b) of the Act.

(2) The Minister must give the owner of the premises a notice thatstates—

(a) that the Minister proposes to cancel the registration; and

(b) the grounds for the proposed cancellation; and

(c) an outline of the facts and circumstances forming thebasis for the grounds; and

(d) that the owner may, within a stated period of at least 20business days after the notice is given, makerepresentations to the Minister about the proposedcancellation.

62 Requirements for notices about cancelling or amending registration—Act, s 275(e)

(1) If the Minister decides, under section 268(1)(a) of the Act, toamend the conditions of the registration of premises, thedecision notice that the Minister gives under section 268(2) ofthe Act must state—

(a) the conditions being amended, including details of theamendments; and

[s 63]


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(b) the reasons for the decision; and
(c) the period within which the amended conditions must becomplied with.

(2) If the Minister decides, under section 268(1)(b) of the Act, tocancel the registration of premises, the decision notice that theMinister gives under section 268(2) of the Act must—

(a) state the decision and the reasons for the decision; and

(b) include details of the registered premises; and

(c) include a map of the affected area for the premises.

(3) If the owner of registered premises gives a notice to theMinister under section 268(4) of the Act cancelling theregistration, the notice must include—

(a) details of the registered premises; and

(b) a map of the affected area for the premises.

Division 3 Affected area development applications

63 Development applications that are not affected area development applications

(1) For schedule 2, definition affected area developmentapplication of the Act, the following developmentapplications are not affected area development applications—

(a) an application for development on land, other thanundeveloped land, that relates to—

(i) a class 1a building; or

(ii) a class 1b building; or

(iii) a class 10 building or structure;

(b) an application for development on undeveloped landthat relates to a class 10 building or structure.


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undeveloped land means—

(a) land in its natural state; or

(b) land that is or was used for 1 or more of the followingpurposes and has not been developed for an urbanpurpose—

(i) agriculture;

(ii) animal husbandry;

(iii) apiculture;

(iv) aquaculture;

(v) diary farming;

(vi) grazing;

(vii) horticulture;

(viii)viticulture; or

(c) land on which an abattoir or tannery is or was situatedand that has not been developed for an urban purpose.

Part 9 Miscellaneous

64 Approving plans of subdivision—Act, s 283(2)(b)

Schedule 28 [Approving plans of subdivision] states theprocess for local governments to approve a plan ofsubdivision for reconfiguring a lot that, under an Act, requireslocal government approval (in whatever form) before the plancan be registered or otherwise recorded under that Act.

65 Public access to certain documents—Act, s 263(1)

(1) Schedule 32 [Publicly accessible documents] states thedocuments the following persons must or may keep publiclyavailable—

(a) a local government;


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(b) an assessment manager;
(c) a referral agency;

(d) the chief executive.

(2) If schedule 32 requires a document to be kept, a certified copyof the document may be kept instead of the document.

66 Planning and development certificates—Act, s 264(4)

Schedule 33 [Content of planning and developmentcertificates] states the information that must be included inlimited, standard and full planning and developmentcertificates.

67 Prescribed tidal works—Act, s 19, definition prescribed tidal works

(1) Works that are completely or partly within the tidal area of alocal government’s non-port local government area areprescribed tidal works if—

(a) the works are completely tidal works;

(b) the works consist of—

(i) tidal works; and

(ii) a part that is not tidal works but is an integral partof the works.

(2) However, the following tidal works are not prescribed tidalworks—

(a) tidal works within a State managed boat harbour;

(b) tidal works for a new or existing structure used for theoperation of—

(i) a port authority or port operator; or

(ii) a public marine facility built by or for a portauthority, a port operator or the department inwhich the Marine Safety Act is administered;

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(c) tidal works for creating or changing the configuration orcharacteristics of a navigational channel;

(d) tidal works for an inlet or outlet for development foraquaculture if the development is—

(i) carried out on land; and

(ii) accepted development under schedule 8 [Accepteddevelopment] or the planning scheme that appliesto the land;

(e) tidal works the subject of—

(i) a deemed approval; or

(ii) a development approval given under the repealedIntegrated Planning Act 1997 on or before 18November 2005; or

(iii) a development application made under therepealed Integrated Planning Act 1997 but notdecided on or before 18 November 2005.


navigational channel means a channel marked by aids tonavigation built, erected or placed in tidal water under theMarine Safety Act.

public marine facility see the Transport Infrastructure Act,schedule 6.

State managed boat harbour see the Transport Infrastructure(Public Marine Facilities) Regulation 2011, schedule 4.

Schedule 1


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Schedule 1 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 RegionalCouncil delineated in black on maps SEQ RP 16 and SEQ RP21, dated July 2009 and published on the department’swebsite

Part 2 Far North Queensland region

Cairns

Cassowary Coast

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Schedule 1


Douglas

Mareeba

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

Schedule 1


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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

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Schedule 1


Part 8 Mackay, Isaac and Whitsunday region

Isaac

Mackay

Whitsunday

Part 9 Central Queensland region

Banana

Central Highlands

Gladstone

Livingstone

Rockhampton

Woorabinda

Part 10 Darling Downs region

Balonne

Goondiwindi

Maranoa

Southern Downs

Toowoomba

Western Downs

Schedule 1


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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

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Schedule 2


Schedule 2 Zones for local planning instruments

section 6

Column 1Zone

Column 2Purpose statement

Column 3RGB colour

Residential zonesGeneral residential zone

The purpose of the general residential zone is to provide for—(a) residential uses; and(b) community uses, and small-scale services,

facilities and infrastructure, to support local residents.

Red (255)Green (164)Blue (164)

Low density residential zone

The purpose of the low density residential zone is to— (a) provide primarily for dwelling houses; and(b) provide for community uses, and small-scale

services, facilities and infrastructure, to support local residents.


Low–medium density residential zone

The purpose of the low–medium density residential zone is to provide for—(a) dwelling houses and low to medium density

multiple dwellings; and(b) community uses, and small-scale services,



Medium density residential zone

The purpose of the medium density residential zone is to provide for—(a) medium density multiple dwellings; and(b) community uses, and small-scale services,



High density residential zone

The purpose of the high density residential zone is to provide for—(a) high density multiple dwellings; and(b) community uses, and small-scale services,



Schedule 2


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Character residential zone

The purpose of the character residential zone is to—(a) ensure the character of a residential area is

protected or enhanced; and(b) provide for community uses, and small-scale

services, facilities and infrastructure, to support local residents.


Tourist accommodation zone

The purpose of the tourist accommodation zone is to provide for— (a) short-term accommodation; and(b) community uses, and small-scale services,

facilities and infrastructure, to support short-term accommodation and tourist attractions.


Centre zonesCentre zone The purpose of the centre zone is to provide for a

variety of uses and activities to service all or part of the local government area, including, for example, administrative, business, community, cultural, entertainment, professional, residential and retail uses and activities.


Neighbourhood centre zone

The purpose of the neighbourhood centre zone is to provide for— (a) a small variety of uses and activities to service

local residents; and(b) other small-scale uses and activities, including,

for example, community services, convenience shops and offices, that directly support local residents.


Local centre zone

The purpose of the local centre zone is to provide for— (a) a limited variety of commercial, community

and retail activities to service local residents; and

(b) other uses and activities, including for example, entertainment, shopping and residential uses, that integrate with, and enhance, the local centre.


Major centre zone

The purpose of the major centre zone is to provide for a large variety of uses and activities to service a part of the local government area, including, for example, administrative, business, community, cultural, entertainment, professional, residential and retail uses and activities.


Column 1Zone


Column 3RGB colour

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Schedule 2


District centre zone

The purpose of the district centre zone is to provide for a large variety of uses and activities to service a district of the local government area, including, for example, administrative, business, community, cultural, entertainment, professional, residential and retail uses and activities.


Principal centre zone

The purpose of the principal centre zone is to provide for a large variety of uses and activities, including, for example, administrative, business, community, cultural, entertainment, professional, residential and retail activities, that will— (a) form the core of an urban area; and(b) service the local government area.


Recreation zonesRecreation and open space zone

The purpose of the recreation and open space zone is to provide for— (a) a variety of cultural, educational, leisure,

recreation and sporting uses and activities, including, for example—(i) parks, playgrounds and playing fields for

the use of residents and visitors; and(ii) parks and other areas for the conservation

of natural areas; and(b) facilities and infrastructure to support the uses

and activities mentioned in paragraph (a).


Open space zone

The purpose of the open space zone is to provide for— (a) local, district and regional parks for the use of

residents and visitors; and(b) facilities and infrastructure that support, and are

required by, users of the parks.


Sport and recreation zone

The purpose of the sport and recreation zone is to provide for— (a) a variety of cultural, educational, recreation and

sporting uses and activities that require built infrastructure, including, for example, clubhouses, gymnasiums, swimming pools and tennis courts; and

(b) facilities and infrastructure to support the uses and activities mentioned in paragraph (a).


Column 1Zone


Column 3RGB colour

Schedule 2


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Environmental zonesEnvironmental management and conservation zone

The purpose of the environmental management and conservation zone is to provide for the protection and maintenance of areas that support biological diversity and ecological integrity.


Conservation zone

The purpose of the conservation zone is to provide for the management, protection and restoration of areas that support biological diversity and ecological integrity.


Environmental management zone

The purpose of the environmental management zone is to— (a) identify environmentally sensitive areas; and (b) provide for the protection of the areas from

urban and industrial activities, other than—(i) dwelling houses and other low-impact

activities; and(ii) quarries.


Industry zonesIndustry zone The purpose of the industry zone is to provide for—

(a) a variety of industry activities; and(b) other uses and activities that support industry

activities and do not compromise the future use of premises for industry activities.


Low impact industry zone

The purpose of the low impact industry zone is to provide for— (a) service industry and low impact industry; and(b) other uses and activities that support industry



Medium impact industry zone

The purpose of the medium impact industry zone is to provide for— (a) medium impact industry; and(b) other uses and activities that support industry



High impact industry zone

The purpose of the high impact industry zone is to provide for— (a) high impact industry; and(b) other uses and activities that support industry



Column 1Zone


Column 3RGB colour

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Schedule 2


Special industry zone

The purpose of the special industry zone is to provide for— (a) special industry; and(b) other uses and activities that support industry



Research and technology industry zone

The purpose of the research and technology industry zone is to provide for—(a) research and technology industry; and(b) other uses and activities that support industry



Industry investigation zone

The purpose of the industry investigation zone is to identify and protect land that may be suitable for industry activities, subject to further planning and investigation.


Waterfront and marine industry zone

The purpose of the waterfront and marine industry zone is to provide for— (a) marine industry; and (b) other uses and activities that—

(i) need to be located on or near water or a marine environment; or

(ii) support industry activities and do not compromise the future use of premises for industry activities.


Tourism zonesTourism zone The purpose of the tourism zone is to provide for

tourist activities, facilities and places in coastal, environmental, rural and urban areas.


Major tourism zone

The purpose of the major tourism zone is to provide for— (a) a variety of activities, facilities and places that

are for, or support, tourism and are—(i) large-scale and integrated; and(ii) located in coastal, environmental, rural and

urban areas; and(b) permanent accommodation for employees, if

required for the activities mentioned in paragraph (a) and appropriate for the area.


Column 1Zone


Column 3RGB colour

Schedule 2


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Minor tourism zone

The purpose of the minor tourism zone is to provide for— (a) a variety of activities, facilities and places that

are for, or support, tourism and—(i) have less than 20 employees; and(ii) are located in coastal, environmental, rural

and urban areas; and(b) permanent accommodation for employees, if

required for the activities mentioned in paragraph (a) and appropriate for the area.


Other zonesCommunity facilities zone

The purpose of the community facilities zone is to provide for community-related uses, activities and facilities, whether publicly or privately owned, including, for example—(a) educational establishments; and(b) hospitals; and(c) transport and telecommunication networks; and(c) utility installations.


Emerging community zone

The purpose of the emerging community zone is to—(a) identify land that is suitable for urban purposes;

and(b) protect land that may be suitable for urban

purposes in the future from incompatible uses; and

(c) provide for the timely conversion of non-urban land to land for urban purposes.


Extractive industry zone

The purpose of the extractive industry zone is to provide for extractive industry.


Innovation zone The purpose of the innovation zone is to—(a) identify land suitable for new and emerging

uses and activities to provide opportunities for innovation and creativity; and

(b) facilitate new and emerging uses and activities that can not readily be provided for in other parts of the local government area; and

(c) provide for uses and activities that promote knowledge creation and entrepreneurship in industry, research and development, science and technology.


Column 1Zone


Column 3RGB colour

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Schedule 2


Limited development zone

The purpose of the limited development zone is to identify land that is significantly affected by 1 or more development constraints, including, for example, constraints relating to defence requirements, flooding, historical reconfiguring of a lot, land contamination, past or future mining activities and topographic constraints.


Mixed use zone The purpose of the mixed use zone is to provide for a variety of uses and activities, including, for example, business, residential, retail, service industry, tourist accommodation and low impact industrial uses and activities.


Rural zone The purpose of the rural zone is to—(a) provide for rural uses and activities; and(b) provide for other uses and activities that are

compatible with— (i) existing and future rural uses and activities;

and(ii) the character and environmental features of

the zone; and(c) maintain the capacity of land for rural uses and

activities by protecting and managing significant natural resources and processes.


Rural residential zone

The purpose of the rural residential zone is to provide for residential uses and activities on large lots, including lots for which the local government has not provided infrastructure and services.


Special purpose zone

The purpose of the special purpose zone is to—(a) provide for public facilities and infrastructure

that are publicly or privately owned or operated; and

(b) ensure that incompatible uses do not encroach on the public facilities and infrastructure.


Specialised centre zone

The purpose of the specialised centre zone is to provide for 1 or more specialised uses, including, for example—(a) an entertainment and conference centre; and(b) an education and research facility, such as a

university campus.


Column 1Zone


Column 3RGB colour

Schedule 2


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Township zone The purpose of the township zone is to provide for—(a) small to medium urban areas in a rural or

coastal area; and(b) a variety of uses and activities to service local

residents, including, for example, business, community, education, industrial, open space, recreation, residential and retail uses and activities; and

(c) tourist attractions and short-term accommodation, if appropriate for the area


Column 1Zone


Column 3RGB colour

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Schedule 3


Schedule 3 Use terms for local planning instruments

section 7

Column 1Use terms

Column 2Definition

adult store adult store means the use of premises for the primary purpose of displaying or selling—(a) sexually explicit materials; or (b) products and devices that are

associated with, or used in, a sexual practice or activity.

agricultural supplies store agricultural supplies store see the Planning Regulation 2016, schedule 34.

air service air service see the Planning Regulation 2016, schedule 34.

animal husbandry animal husbandry see the Planning Regulation 2016, schedule 34.

animal keeping animal keeping see the Planning Regulation 2016, schedule 34.

aquaculture aquaculture means the use of premises for cultivating, in a confined area, aquatic animals or plants for sale.

bar bar see the Planning Regulation 2016, schedule 34.

brothel brothel see the Prostitution Act 1999, schedule 4.

bulk landscape supplies bulk landscape supplies see the Planning Regulation 2016, schedule 34.

caretaker’s accommodation caretaker’s accommodation see the Planning Regulation 2016, schedule 34.

car wash car wash means the use of premises for the commercial cleaning of motor vehicles by an automatic, or partly automatic, process.

cemetery cemetery see the Planning Regulation 2016, schedule 34.

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child care centre child care centre see the Planning Regulation 2016, schedule 34.

club club see the Planning Regulation 2016, schedule 34.

community care centre community care centre see the Planning Regulation 2016, schedule 34.

community residence community residence see the Planning Regulation 2016, schedule 34.

community use community use see the Planning Regulation 2016, schedule 34.

crematorium crematorium see the Planning Regulation 2016, schedule 34.

cropping cropping see the Planning Regulation 2016, schedule 34.

detention facility detention facility see the Planning Regulation 2016, schedule 34.

dual occupancy dual occupancy see the Planning Regulation 2016, schedule 34.

dwelling house dwelling house see the Planning Regulation 2016, schedule 34.

dwelling unit dwelling unit see the Planning Regulation 2016, schedule 34.

educational establishment educational establishment see the Planning Regulation 2016, schedule 34.

emergency services emergency services see the Planning Regulation 2016, schedule 34.

environment facility environment facility—1 Environment facility means the use

of premises for a facility for the appreciation, conservation or interpretation of an area of cultural, environmental or heritage value.

2 However, the term does not include the use of premises to provide accommodation for tourists and travellers.

extractive industry extractive industry see the Planning Regulation 2016, schedule 34.

food and drink outlet food and drink outlet see the Planning Regulation 2016, schedule 34.

Column 1Use terms

Column 2Definition

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Schedule 3


function facility function facility see the Planning Regulation 2016, schedule 34.

funeral parlour funeral parlour see the Planning Regulation 2016, schedule 34.

garden centre garden centre see the Planning Regulation 2016, schedule 34.

hardware and trade supplies hardware and trade supplies see the Planning Regulation 2016, schedule 34.

health care service health care service see the Planning Regulation 2016, schedule 34.

high impact industry high impact industry see the Planning Regulation 2016, schedule 34.

home-based business home-based business see the Planning Regulation 2016, schedule 34.

hospital hospital see the Planning Regulation 2016, schedule 34.

hotel hotel see the Planning Regulation 2016, schedule 34.

indoor sport and recreation indoor sport and recreation see the Planning Regulation 2016, schedule 34.

intensive animal industry intensive animal industry see the Planning Regulation 2016, schedule 34.

intensive horticulture intensive horticulture see the Planning Regulation 2016, schedule 34.

landing landing means the use of premises for a structure for mooring, launching, storing and retrieving vessels, and from which passengers embark and disembark.

low impact industry low impact industry see the Planning Regulation 2016, schedule 34.

Column 1Use terms

Column 2Definition

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major electricity infrastructure major electricity infrastructure— 1 Major electricity infrastructure

means the use of premises for a transmission grid or supply network.

2 Major electricity infrastructure includes the use of premises for a telecommunication facility that is ancillary to the use mentioned in paragraph 1.

3 However, the term does not include a use of premises that the Planning Regulation 2016, schedule 7 [Development local categorising instrument may not state is assessable development], section 24(3) applies to.

major sport, recreation and entertainment facility

major sport, recreation and entertainment facility see the Planning Regulation 2016, schedule 34.

marine industry marine industry see the Planning Regulation 2016, schedule 34.

market market see the Planning Regulation 2016, schedule 34.

medium impact industry medium impact industry see the Planning Regulation 2016, schedule 34.

motor sport facility motor sport facility see the Planning Regulation 2016, schedule 34.

multiple dwelling multiple dwelling see the Planning Regulation 2016, schedule 34.

nature-based tourism nature-based tourism see the Planning Regulation 2016, schedule 34.

nightclub entertainment facility nightclub entertainment facility see the Planning Regulation 2016, schedule 34.

non-resident workforce accommodation non-resident workforce accommodation see the Planning Regulation 2016, schedule 34.

office office see the Planning Regulation 2016, schedule 34.

outdoor sales outdoor sales see the Planning Regulation 2016, schedule 34.

outdoor sport and recreation outdoor sport and recreation see the Planning Regulation 2016, schedule 34.

Column 1Use terms

Column 2Definition

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Schedule 3


outstation outstation— 1 Outstation means the use of

premises for cultural or recreation activities by Aboriginal people or Torres Strait Islanders.

2 Outstation includes the use of premises for short-term and long-term camping activities and facilities, if the activities and facilities are ancillary to the use mentioned in paragraph 1.

park park see the Planning Regulation 2016, schedule 34.

parking station parking station see the Planning Regulation 2016, schedule 34.

party house party house see the Planning Act 2016, section 276(5).

permanent plantation permanent plantation means the use of premises for growing, but not harvesting, plants for the purpose of carbon sequestration, biodiversity, natural resource management or another similar purpose.

place of worship place of worship see the Planning Regulation 2016, schedule 34.

port service port service see the Planning Regulation 2016, schedule 34.

relocatable home park relocatable home park see the Planning Regulation 2016, schedule 34.

renewable energy facility renewable energy facility— 1 Renewable energy facility means

the use of premises for the generation of electricity or energy from a renewable energy source, including, for example, sources of bio-energy, geothermal energy, hydropower, ocean energy, solar energy or wind energy.

2 Renewable energy facility does not include the generation of electricity or energy to be used only on the premises.

research and technology industry research and technology industry see the Planning Regulation 2016, schedule 34.

Column 1Use terms

Column 2Definition

Schedule 3


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residential care facility residential care facility see the Planning Regulation 2016, schedule 34.

resort complex resort complex see the Planning Regulation 2016, schedule 34.

retirement facility retirement facility see the Planning Regulation 2016, schedule 34.

roadside stall roadside stall means the use of premises for the roadside display and sale of goods in a rural area.

rooming accommodation rooming accommodation see the Planning Regulation 2016, schedule 34.

rural industry rural industry see the Planning Regulation 2016, schedule 34.

rural workers’ accommodation rural workers’ accommodation see the Planning Regulation 2016, schedule 34.

sales office sales office see the Planning Regulation 2016, schedule 34.

service industry service industry see the Planning Regulation 2016, schedule 34.

service station service station see the Planning Regulation 2016, schedule 34.

shop shop see the Planning Regulation 2016, schedule 34.

shopping centre shopping centre see the Planning Regulation 2016, schedule 34.

short-term accommodation short-term accommodation see the Planning Regulation 2016, schedule 34.

showroom showroom see the Planning Regulation 2016, schedule 34.

special industry special industry see the Planning Regulation 2016, schedule 34.

substation substation see the Planning Regulation 2016, schedule 34.

telecommunications facility telecommunications facility see the Planning Regulation 2016, schedule 34.

theatre theatre see the Planning Regulation 2016, schedule 34.

tourist attraction tourist attraction see the Planning Regulation 2016, schedule 34.

Column 1Use terms

Column 2Definition

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Schedule 3


tourist park tourist park see the Planning Regulation 2016, schedule 34.

transport depot transport depot—1 Transport depot means the use of

premises for the storage of vehicles or machinery used for a commercial or public purpose.

2 Transport depot includes the use of premises for cleaning, repairing and servicing vehicles and machinery, if the activity is ancillary to the use mentioned in paragraph 1.

Examples of a transport depot—premises used for storing buses, taxis, trucks, heavy vehicles or heavy machinery

utility installation utility installation see the Planning Regulation 2016, schedule 34.

veterinary service veterinary service see the Planning Regulation 2016, schedule 34.

warehouse warehouse see the Planning Regulation 2016, schedule 34.

wholesale nursery wholesale nursery see the Planning Regulation 2016, schedule 34.

winery winery see the Planning Regulation 2016, schedule 34.

Column 1Use terms

Column 2Definition

Schedule 4


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Schedule 4 Administrative terms for local
planning instruments

section 8

Part 1 Administrative terms generally

Column 1Administrative terms

Column 2Definition

adjoining premises adjoining premises means premises thatshare a common boundary, includingpremises that meet at a single point on acommon boundary.

advertising device advertising device— (a) means a permanent structure, device

or sign used, or intended to be used, for advertising; and

(b) includes a structure, or part of a building, that is provided for the primary purpose of supporting the structure, device or sign mentioned in paragraph (a).

affordable housing affordable housing means housing that is appropriate to the needs of households with low to moderate incomes.

basement basement means a space—

(a) between a floor level in a building and the floor level that is immediately below it; and

(b) no part of which is more than 1m above ground level.

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Schedule 4


boundary clearance boundary clearance means the distance between a building or structure on premises and the boundary of the premises, measured from the part of the building or structure that is closest to the boundary, other than a part that is an architectural or ornamental attachment, or a rainwater fitting.

Examples—

If the fascia of a building is the part of thebuilding that is closest to the boundary, theboundary clearance is the distance betweenthe outside of the fascia and the boundary.

If a point on the roof of a building is thepart of the building that is closest to theboundary, the boundary clearance is thedistance between that point on the roof andthe boundary.

building height building height, of a building, means—

(a) the vertical distance, measured in metres, between the ground level of the building and the highest point on the roof of the building, other than a point that is part of an aerial, chimney, flagpole or load-bearing antenna; or

(b) the number of storeys in the building above ground level.

development footprint development footprint, for development, means any part of the premises that the development relates to, including, for example, any part of the premises that will be covered by the following after the development is carried out—

(a) buildings and structures, measured to their outermost projection;

(b) landscaping or open space;(c) facilities associated with the

development;(d) on-site stormwater drainage or

wastewater treatment;(e) a car park, road, access track or area

used for vehicle movement;(f) another area of disturbance.

domestic outbuilding domestic outbuilding see the Planning Regulation 2016, schedule 34.


Column 2Definition

Schedule 4


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dwelling dwelling see the Planning Regulation 2016, schedule 34.

gross floor area gross floor area, for a building, see the Planning Regulation 2016, schedule 34.

ground level ground level means—

(a) the level of the natural ground; or(b) if the level of the natural ground has

changed, the level as lawfully changed.

household household means 1 or more individuals who—

(a) live in a dwelling with the intent of living together on a long-term basis; and

(b) make common provision for food and other essentials for living.

minor building work minor building work means building work that increases the gross floor area of an existing building by no more than the lesser of the following—

(a) 50m2;(b) an area that is equivalent to 5% of

the gross floor area of the existing building.

minor electricity infrastructure minor electricity infrastructure means development for a supply network, 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 development for—

(a) building 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.

non-resident worker non-resident worker see the Planning Regulation 2016, schedule 34.


Column 2Definition

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Schedule 4


outermost projection outermost projection, of a building or structure, means the outermost part of the building or structure, other than a part that is a retractable blind, fixed screen, rainwater fitting or ornamental attachment.

plot ratio plot ratio means the ratio of the gross floor area of a building on a lot to the area of the lot.

secondary dwelling secondary dwelling see the Planning Regulation 2016, schedule 34.

setback setback, for a building or structure, means the shortest distance, measured horizontally, between the outermost projection of the building or structure to the vertical projection of the boundary of the lot on which the building or structure is located.

site site, of development, means the land on which the development is carried out.

site cover site cover, of development, means the portion of the site, expressed as a percentage, that will be covered by a building or structure, measured to its outermost projection, after the development is carried out, other than a building or structure, or part of a building or structure, that is—

(a) in a landscaped or open space area, including, for example, a gazebo or shade structure; or

(b) a basement used for car parking; or(c) the eaves of a building; or(d) a sun shade.

storey storey see the Planning Regulation 2016, schedule 34.

temporary use temporary use means a use that—

(a) is carried out on a non-permanent basis; and

(b) does not involve the construction of, or significant changes to, permanent buildings or structures.


Column 2Definition

Schedule 4


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Part 2 Administrative term relating to LGIPs

width width, of a lot, means the distance, measured in metres, between the midpoint on each side boundary of the lot.


Column 2Definition

base date base date means the date from which the local government has estimated future infrastructure demand and costs for the local government area.

demand unit demand unit means a unit of measurement for measuring the level of demand for infrastructure.

net developable area net developable area, for premises, means the area of the premises that is able to be developed and is not subject to a development constraint, including, for example, a constraint relating to acid sulfate soils, flooding or slope.

planning assumption planning assumption means an assumption about the type, scale, location and timing of future growth in the local government area.

projection area projection area means a part of the local government area for which the local government has carried out demand growth projection.

service catchment service catchment means an area serviced by an infrastructure network.

ultimate development ultimate development, for an area or premises, means the likely extent of development that is anticipated in the area, or on the premises, if the area or premises are fully developed.


Column 2Definition

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Schedule 4


urban purposes urban purposes includes—

(a) residential purposes, other than rural residential purposes; and

(b) commercial, community, government-related, industrial and retail purposes.

water netserv plan water netserv plan means a plan adopted by an SEQ service provider, as defined under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009, under section 99BJ of that Act.


Column 2Definition

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Schedule 5 Infrastructure
section 14

Part 1 Infrastructure for transport

1 active transport infrastructure, as defined under the TransportPlanning and Coordination Act 1994, section 8A(3)

2 air transport infrastructure

3 ancillary works and encroachments

4 busway transport infrastructure

5 light rail transport infrastructure

6 miscellaneous transport infrastructure

7 public marine transport infrastructure as defined under theTransport Infrastructure Act, schedule 6

8 rail transport infrastructure

9 roads on State toll road corridor land

10 State-controlled roads

11 transport infrastructure mentioned in schedule 2, definitiondevelopment infrastructure of the Act

12 wharves, public jetties, port facilities and navigationalfacilities

13 storage and works depots and similar facilities, includingadministrative facilities associated with the provision ormaintenance of infrastructure mentioned in this part

14 any other facility for transport not mentioned in this part thatis intended primarily to accommodate government functions

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Schedule 5


Part 2 Other infrastructure

1 cemeteries and crematoriums

2 communication network facilities

3 community and cultural facilities, including communitycentres, galleries, libraries, meeting halls, facilities at whichan education and care service under the Education and CareServices National Law (Queensland) is operated or facilitiesat which a QEC approved service under the Education andCare Services Act 2013 is operated

4 community residences

5 correctional facilities

6 educational facilities

7 electricity operating works

8 emergency services facilities

9 facilities for parks and recreation

10 hospitals and associated institutions

11 oil and gas pipelines

12 residential care facilities

13 sporting facilities

14 waste management facilities

15 water cycle management infrastructure

16 storage and works depots and similar facilities, includingadministrative facilities associated with the provision ormaintenance of infrastructure mentioned in this part

17 any other facility not mentioned in this part that is intendedprimarily to accommodate government functions

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Schedule 6 Assessment manager for
development applications

section 19

Table 1

Column 1Application type

Column 2Assessment manager

Brisbane core port land

1 If the application is for—(a) a material change of use of premises that is—

(i) completely or partly on Brisbane core port land; and

(ii) categorised as assessable development under the Brisbane port LUP; or

(b) reconfiguring a lot that is—(i) completely or partly on Brisbane core port land;

and(ii) assessable development under the Transport

Infrastructure Act, chapter 8, part 3C; or(c) operational work that is—

(i) completely on Brisbane core port land; and(ii) categorised as assessable development under the

Brisbane port LUP

The chief executive

Building work assessable against building assessment provisions

2 If the application is for building work that is completely in a single local government area and assessable against the building assessment provisions

If a private certifier (class A) is, under the Building Act, section 48, performing functions for the application—the private certifier

Otherwise—the local government

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Schedule 6


Table 2



Other development in a single local government area or tidal area

1 If table 1 does not apply and the application is for—(a) development completely in a single local government

area and—

(i) an aspect of the development is assessable against a local categorising instrument; or

(ii) is for reconfiguring a lot, other than a lot that is, or includes, airport land; or

(iii) is for a brothel; or

(iv) is for operational works associated with reconfiguring a lot; or

(b) prescribed tidal work completely in the tidal area of a single non-port local government area; or

(c) prescribed tidal work partly in the tidal area of a single non-port local government area, but not in the tidal area of another non-port local government area or a port authority’s strategic port land; or

(d) prescribed tidal work starting in the tidal area of a non-port local government area and extending into the tidal area of another non-port local government area but not in the tidal area of a port authority’s strategic port land; or

(e) operational work that is constructing an artificial waterway in the tidal area of a single non-port local government area, if the work is carried out completely or partly in a coastal management district and is associated with reconfiguring a lot

Local government

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Table 3


Strategic port land and strategic port land tidal areas

1 If tables 1 and 2 do not apply and the application is for—(a) development completely in a single port authority’s

strategic port land; or(b) tidal works completely in the tidal area of a single port

authority’s strategic port land; or(c) tidal works partly in the tidal area of a single port

authority’s strategic port land but not in the tidal area of a non-port local government area or another port authority’s strategic port land

Port authority

Airport land

2 If tables 1 and 2 do not apply and the application is for development completely or partly on airport land, whether or not the development includes tidal works

The chief executive

Table 4



Environmentally relevant activities

1 If tables 1 to 3 do not apply and the application is for—(a) development for an environmentally relevant activity;

and(b) no other assessable development

for an environmentally relevant activity that is devolved to a local government under the Environmental Protection Regulation—the local government

for all other environmentally relevant activities mentioned in column 1—the chief executive

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Schedule 6


Development on local heritage place or for a levee

2 If tables 1 to 3 do not apply and the application is for 1 or more of the following and no other assessable development—(a) development on a local heritage place in a local

government area; (b) operational work that is—

(i) construction of a new category 2 levee or a new category 3 levee in a local government area; or

(ii) modification of an existing levee in a local government area if, after the modification, the levee will fulfil the requirements for a category 2 levee or category 3 levee

Local government

Table 4



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Other particular prescribed assessable development

3 If tables 1 to 3 do not apply and the application is for 1 or more of the following and no other assessable development—(a) operational work for the clearing of native vegetation;(b) operational work for taking or interfering with water

under the Water Act 2000;(c) operational work for the construction of a dam, or that

is carried out in relation to a dam, if, because of the work, the dam must be failure impact assessed;

(d) a material change of use of premises for a major hazard facility or proposed major hazard facility;

(e) removing quarry material from a watercourse or lake if an allocation notice is required under the Water Act 2000;

(f) operational work that is—(i) tidal works not in the tidal area of a port

authority’s strategic port land or a non-port local government area; or

(ii) work carried out completely or partly within a coastal management district;

(g) assessable development on a Queensland heritage place;

(h) a material change of use of premises for aquaculture;(i) operational work that is constructing or raising

waterway barrier works;(j) operational work that is work carried out completely

or partly within a declared fish habitat area;(k) operational work that is the removal, destruction or

damage of a marine plant;(l) operational work that is high impact earthworks in a

wetland protection area

The chief executive

Table 4



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Schedule 7


Schedule 7 Development local categorising instrument is prohibited from stating is assessable development

section 17


1 Material change of use for particular buildings or structures

(1) A material changes of use of premises for a class 1 or 2building under the Building Code, part A3 if the use is forproviding support services and temporary accommodation forpersons escaping domestic violence.

(2) A material change of use of premises for a class 1(a)(i)building, class 1(a)(ii) building made up of not more than 2attached dwellings or a class 10 building or structure, 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 made up of not more than 2 attacheddwellings—the material change of use involvesrepairing, renovating, altering or adding to the building;and

(c) for a class 1(a) building not mentioned in paragraph(b)—there is no existing dwelling on the premises; and

(d) either—

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(i) no overlay, as identified in the local categorising
instrument and relevant to assessment of thematerial change of use, applies to the premises; or

(ii) only an overlay about bush fire hazards applies tothe premises and the premises are less than2000m2; and

(e) for a class 1(a)(ii) building made up of not more than 2attached dwellings—the local government for the localgovernment area in which the premises are located has,by resolution, decided to apply this subsection to thatclass of building.

2 Material change of use for particular cropping

A material change of use of premises for cropping involvingforestry for wood production if—

(a) the premises are in a rural zone; and

(b) the development complies with schedule 23[Requirements for cropping involving forestry for woodproduction].

3 Material change of use in Guragunbah area

(1) A material change of use of premises in the Guragunbah areaif the material change of use—

(a) complies with the map called XXXX, dated XXXX, andpublished by the department; and

(b) does not exceed the maximum number of storeys statedfor the use in the map mentioned in paragraph (a); and

(c) does not have a residential yield of more than 511dwellings; and

(d) complies with—

(i) the Approved Urban Design Code BreakwaterRoad, dated 5 October 2007, referred to in theorder of the Planning and Environment Court of 15December 2008 in Appeal No. BD679/08 or a

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Schedule 7


change to the development approval made by thePlanning and Environment Court; and

(ii) Appendix D (Snake Hill Design Guidelines) to thePlanning Report dated May 2005 referred to in theorder of the Planning and Environment Court of 15December 2008 in Appeal No. BD679/08 or achange to the development approval made by thePlanning and Environment Court; and

(e) is carried out before 15 December 2018.


Guragunbah area means—

(a) lot 2 on RP223566, County of Ward, Parish of Gilston;and

(b) lot 902 on SP108453, County of Ward, Parish ofGilston; and

(c) lot 1 on SP190865, County of Ward, Parish of Gilston.

4 Material change of use for off-road motorcycling facility

(1) A material change of use of premises for an off-roadmotorcycling facility on off-road motorcycling facility land ifthe material change of use complies with the followingrequirements—

(a) the material change of use protects the environmentalvalues of the premises;

(b) the use does not result in contamination of, or interferewith water flows into, any surface water or groundwater;

(c) any camping facility on the premises—

(i) is designed to ensure the safe movement ofpedestrians and vehicles; and

(ii) is located on a part of the premises that allows forthe future expansion of the camping facility; and

Note: The title and date of the map will be inserted once made.

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(iii) is managed to ensure that the number of persons
using the camping facility at any one time isappropriate having regard to the capacity of thefacility; and

(iv) provides adequate toilet, shower, water andwastewater facilities to service users of thecamping facility;

(d) vegetation buffers with a width of at least 20m areestablished on the premises to provide a visual screenbetween riding trails, other than motocross tracks, andrelevant adjoining premises;

(e) vegetation buffers mentioned in paragraph (d) use onlyvegetation species that are endemic to the surroundingarea;

(f) outdoor lighting on the premises does not adverselyimpact on the amenity of relevant adjoining premises;

(g) before the use starts on the premises, the followingdocuments are prepared—

(i) an acoustic assessment report;

(ii) a road and traffic assessment report;

(iii) an erosion and sediment control plan;

(h) all circuits, tracks, trails and other noise-generatingactivities on the premises are located at a distance of atleast the buffer distance, stated in the acousticassessment report, from a relevant noise sensitive place;

(i) the noise levels generated by the use during operatinghours do not exceed 45dBA (LAeq) at a relevant noisesensitive place, measured at a point on the noisesensitive place that is outdoors and closest, in a directline, to the off-road motorcycling facility land;

(j) any measures identified in the road and traffic impactassessment report for addressing impacts on traffic areimplemented;

(k) on-site parking is provided in accordance with the roadand traffic impact assessment report;

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(l) service vehicles can access the parts of the premisesused for off-road motorcycling, camping or spectatorfacilities;

(m) the premises provides access for emergency vehicles orhelicopters;

(n) any measures identified in the erosion and sedimentcontrol plan for minimising erosion and sedimentrun-off impacts on the premises are implemented;

(o) an irrigation system and water supply is provided formotocross tracks on the premises to prevent dust beinggenerated.


acoustic assessment report means a report—

(a) prepared by an appropriately qualified person; and

(b) stating measures, including buffer distances, forensuring noise levels generated by the use do not exceed45dBA (LAeq) at a relevant noise sensitive place.

appropriately qualified person, for preparing an acousticassessment report or erosion and sediment control plan,means having the technical expertise, qualifications orexperience necessary to prepare the report or plan.

erosion and sediment control plan means a plan—

(a) prepared by an appropriately qualified person; and

(b) stating measures to be implemented, including measuresrelating to the design and location of buildings andstructures, to minimise erosion and sediment run-offimpacts of the use.

relevant adjoining premises are premises that—

(a) contain a dwelling constructed before 15 October 2010;or

(b) are the subject of a development approval fordevelopment relating to a dwelling given before 15October 2010.

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relevant noise sensitive place means a noise sensitive place
that—

(a) was constructed before 15 October 2010; or

(b) is the subject of a development approval given before 15October 2010.

road and traffic assessment report means a report—

(a) prepared by a person registered as a registeredprofessional engineer under the Professional EngineersAct 2002; and

(b) stating the following—

(i) details of the impact of the use on traffic andmeasures for addressing those impacts;

(ii) details of proposed on-site vehicle parking andvehicular access to and from the premises.

5 Material change of use for community residence

A material change of use of premises for a communityresidence if—

(a) no more than 7 support workers attend the residence in a24-hour period; and

(b) at least 2 car parks are provided on the premises for useby residents and visitors, 1 of which is suitable forpersons with disabilities; and

(c) at least 1 car park is provided on the premises for use bysupport workers.


6 Operational work by or on behalf of public sector entity

Operational work or plumbing or drainage work (includingmaintenance and repair work) if the work—

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(a) is carried out by, or on behalf of, a public sector entityauthorised under a State law to carry out the work; and

(b) is not development mentioned in section 24.

7 Operational work for ancillary works and encroachments

Operational work that is ancillary works andencroachments—

(a) carried out in compliance with requirements stated in agazette notice under the Transport Infrastructure Act,section 50; or

(b) done as required by a contract entered into under theTransport Infrastructure Act, section 50, with the chiefexecutive of the department in which that Act isadministered.

8 Operational work for substitute railway crossing

Operational work for the construction of a substitute railwaycrossing by a railway manager under the TransportInfrastructure Act, section 169.

9 Operational work performed by railway manager

Operational work performed by a railway manager under theTransport Infrastructure Act, section 260.

10 Operational work under rail feasibility investigator’s authority

Operational work carried out under a rail feasibilityinvestigator’s authority given under the TransportInfrastructure Act, section 112.

11 Operational work under Coastal Act

Operational work that is digging or boring into land by anauthorised person under the Coastal Act, section 134.

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12 Operational work for navigational aid or sign
(1) Operational work for an aid to navigation or sign for maritimenavigation.


aid to navigation see the Marine Safety Act, section 104.

13 Operational work for subscriber connection

(1) Operational work for a subscriber connection.


subscriber connection means an installation for the solepurpose of connecting a building, structure, caravan or mobilehome to a line that forms part of an existingtelecommunications network.

14 Operational work for agriculture

Operational work associated with—

(a) management practices for the conduct of an agriculturaluse, other than—

(i) the clearing of native vegetation; or

(ii) operations of any kind and all things constructed orinstalled for taking or interfering with water (otherthan using a water truck to pump water) if theoperations are for taking or interfering with waterunder the Water Act 2000; or

(b) weed or pest control, unless it involves the clearing ofnative vegetation; or

(c) the use of fire under the Fire and Emergency ServicesAct 1990; or

(d) the conservation or restoration of natural areas; or

(e) the use of premises for forest practices.

Note: The term ‘natural areas’ appears in the Sustainable PlanningRegulation 2009. This term is to be clarified.

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15 Operational work for removing quarry material

Operational work for removing quarry material from a Stateforest, timber reserve, forest entitlement area or Crown land asdefined under the Forestry Act 1959.

16 Operational work for the removal, destruction or damage of a marine plant

Operational work that is the removal, destruction or damageof a marine plant.

17 Operational work for harvesting trees for wood production

Operational work that is, or is necessarily associated with,harvesting trees for wood production on premises in a ruralzone, if the development complies with schedule 23[Requirements for cropping involving forestry for woodproduction].

18 Operational work on off-road motorcycling facility land

Operational work that is filling or excavation, or for a dam orearth bank, if the operational work is carried out on off-roadmotorcycling facility land and complies with the followingrequirements—

(a) the work is associated with an off-road motorcyclingfacility;

Example of work associated with an off-road motorcyclingfacility—

• works carried out for the construction of the facility

• works associated with the operation of the facility, such asthe construction or maintenance of fire breaks, recreationaltrails, roads, tracks, viewing mounds or water storagefacilities

(b) the work does not increase the risk of flooding on thepremises or other premises;

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(c) the work does not result in contamination of, or interfere
with water flows into, any surface water or groundwater;

(d) any measures identified in an erosion and sedimentcontrol plan mentioned in section 4(1)(g)(iii) forminimising erosion and sediment run-off impacts on thepremises as a result of the work are implemented;

(e) land on which excavation or filling is carried out isstabilised after the work is completed.

Part 3 Reconfiguring a lot

19 Particular reconfigurations

(1) Reconfiguring a lot other than a lot within the meaning of theLand Title Act.

(2) Reconfiguring a lot under the Land Title Act, if thereconfiguration—

(a) is under a relevant instrument of lease; or

(b) requires a building format plan of subdivision under theLand Title Act and the plan does not subdivide land onor below the surface of the land; or

(c) is for the amalgamation of 2 or more lots; or

(d) is for the incorporation, under the Body Corporate andCommunity Management Act 1997, section 41, of a lotwith common property for a community titles scheme;or

(e) is for the conversion, under the Body Corporate andCommunity Management Act 1997, section 43, of lesseecommon property within the meaning of that Act to a lotin a community titles scheme; or

(f) is in relation to the acquisition, including by agreement,under the Acquisition Act, of land by a constructing

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authority, as defined under the Acquisition Act, or anauthorised electricity entity, for a purpose for whichland may be taken under that Act; or

(g) is in relation to the acquisition by agreement, other thanunder the Acquisition Act, of land by a constructingauthority, as defined under the Acquisition Act, for apurpose for which land may be taken under that Act; or

(h) is for land held by the State, or a statutory bodyrepresenting the State, and the land is beingreconfigured for a purpose for which land may be takenunder the Acquisition Act, whether or not the landrelates to an acquisition; or

(i) is for reconfiguring a lot that is, or includes, strategicport land; or

(j) is for the Transport Infrastructure Act, section 240; or

(k) is in relation to the acquisition of land for a waterinfrastructure facility; or

(l) is for implementing the Aboriginal and Torres StraitIslander Land Holding Act 2013.


relevant instrument of lease means an instrument of lease fora 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 thesocial housing lease—a whole surrender of thelease.

residential lease means—

(a) a lease given under the Aboriginal Land Act 1991to anAboriginal person for residential use; or

(b) a lease given under the Torres Strait Islander Land Act1991 to a Torres Strait Islander for residential use.

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social housing lease means a lease granted to the State under
the Aboriginal Land Act 1991 or the Torres Strait IslanderLand Act 1991 for the purpose of providing subsidisedhousing for residential use.


20 Development for a mining or petroleum activity

(1) Development for an activity authorised under—

(a) the Mineral Resources Act 1989, including an activityfor the purpose of 1 or more of the following Acts—

(i) Alcan Queensland Pty. Limited Agreement Act1965;

(ii) Central Queensland Coal Associates AgreementAct 1968;

(iii) Commonwealth Aluminium Corporation Pty.Limited Agreement Act 1957;

(iv) Mount Isa Mines Limited Agreement Act 1985;

(v) Queensland Nickel Agreement Act 1970;

(vi) Thiess Peabody Coal Pty. Ltd. Agreement Act1962; or

(b) the Offshore Minerals Act 1998; or

(c) the Petroleum Act 1923 or the Petroleum and Gas(Production and Safety) Act 2004, other than an activityrelating to the construction and operation of an oilrefinery; or

(d) the Petroleum (Submerged Lands) Act 1982.

(2) Development for a mining activity, as defined under theEnvironmental Protection Act, section 110, that anenvironmental authority applies to.

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(3) Development for a petroleum activity, as defined under theEnvironmental Protection Act, section 111.

21 Development for geothermal exploration

Development for geothermal exploration carried out under ageothermal exploration permit under the Geothermal EnergyAct 2010.

22 Development for GHG storage activities

Development for a GHG storage activity carried out under aGHG authority under the Greenhouse Gas Storage Act 2009.

23 Development directed under a State law

Development a person is directed to carry out under a notice,order or direction made under a State law.

24 Development for infrastructure activities

(1) Development—

(a) for the maintenance, repair, augmentation, upgrading,duplication or widening of State-controlled roadinfrastructure; or

(b) for ancillary works and encroachments carried out bythe State; or

(c) adjacent to a State-controlled road and ancillary to thebuilding, maintenance, repair, augmentation, upgrading,duplication or widening of the road, such as excavating,crushing, screening, cutting, filling, preparing roadconstruction material (including concrete), storingmaterials, removing vegetation, dam building, siteoffices and worker accommodation.

(2) Development for the maintenance, repair, upgrading,augmentation or duplication of—

(a) rail transport infrastructure; or

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(b) other rail infrastructure; or
(c) miscellaneous transport infrastructure; or

(d) busway transport infrastructure; or

(e) light rail transport infrastructure.

(3) Development for a supply network or for private electricityworks that form an extension of, or provide serviceconnections to, properties from the network, if the networkoperates at standard voltages up to and including 66kV, otherthan development for—

(a) building a new zone substation or bulk supplysubstation; or

(b) the augmentation of an existing zone or bulk supplysubstation if the input or output standard voltage issignificantly increased.

(4) Development for the busway project known as NorthernBusway (Windsor to Kedron) described in the documentcalled ‘Northern Busway (Windsor to Kedron) ProjectChange Report’ of May 2008.

Editor’s note—

The document mentioned in this subsection is held by, and available forinspection at, the office of the department in which the TransportInfrastructure Act is administered.

(5) Development for the toll road project known as Airport Linkdescribed in the Coordinator-General’s report for the EIS, andchange report, for the project under the State DevelopmentAct.

Editor’s note—

The documents mentioned in this subsection are held by, and areavailable for inspection on the website of, the department in which theState Development Act is administered.

(6) Development for the light rail project known as the GoldCoast Light Rail project, to provide light rail transportinfrastructure along the route shown on the map in theTransport Operations (Passenger Transport) Regulation 2005,schedule 7A.

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(7) Development for the rail project known as Moreton Bay RailLink described in the document called ‘Moreton Bay RailLink, Figure 01, Rev A’ and published on the website of thedepartment in which the Transport Infrastructure Act isadministered.

(8) Development for the road infrastructure project known as theToowoomba Second Range Crossing project to provide roadinfrastructure along the route shown on the map called‘Toowoomba Second Range Crossing, Business casereference design’ dated April 2014.

Editor’s note—

The map can be inspected at www.treasury.qld.gov.au.

25 Development under South Bank Corporation Act 1989

Development within the meaning of the South BankCorporation Act 1989, but only until the developmentcompletion date under that Act.

26 Development for a priority development area

Development for a priority development area.

27 Development for a connection under SEQ Water Act

Development for a connection under the SEQ Water Act,chapter 4C or any work for the purpose of the connection.

28 Development for public housing

(1) Development for public housing that the housing chiefexecutive considers is substantially inconsistent with a localinstrument applying to the premises on which thedevelopment is carried out, if—

(a) before the development starts, the housing chiefexecutive—

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(i) gives the local government information, including
plans or specifications, about the proposeddevelopment; and

(ii) publishes a notice about the proposed developmentin a newspaper circulating generally in the localityof the premises; and

(iii) gives notice of the proposed development to theowner of all adjoining premises; and

(iv) places a notice about the proposed development onthe premises; and

(b) the notices mentioned in paragraph (a)(ii), (iii) and(iv)—

(i) are in the form approved by the housing chiefexecutive; and

(ii) state where information about the proposeddevelopment may be inspected and purchased; and

(iii) state the period (the consultation period) withinwhich a submission may be made, which must beat least 15 business days after the day paragraph (a)is complied with; and

(iv) state that submissions about the proposeddevelopment may be made to the housing chiefexecutive during the consultation period; and

(c) for all of the consultation period—

(i) the notice mentioned in paragraph (a)(iv) isdisplayed on the premises; and

(ii) information about the proposed development,including plans and specifications, is kept availablefor inspection and purchase; and

(d) the housing chief executive considers any properly madesubmissions in deciding whether or not to carry out thedevelopment.

(2) Development for public housing that the housing chiefexecutive is satisfied is not substantially inconsistent with alocal instrument applying to the premises on which the

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development is carried out, if, before the development starts,the housing chief executive gives the local governmentinformation, including plans or specifications, about theproposed development.

(3) For subsection (1)(c)(ii), information about a proposeddevelopment is available for inspection and purchase if theinformation is available—

(a) for viewing or downloading, free of charge, from thehousing department’s website; and

(b) for inspection, free of charge, and purchase at thehousing department’s office, and any other place thehousing chief executive approves, during businesshours.


business day does not include a day between 20 December ofa year and 5 January of the next year.

housing chief executive means the chief executive of thehousing department.

housing department means the department in which theHousing Act 2003 is administered.

owner, of adjoining premises, means—

(a) if the adjoining premises are subject to the IntegratedResort Development Act 1987 or the Sanctuary CoveResort Act 1985—the primary thoroughfare bodycorporate; or

(b) if the adjoining premises are subject to the Mixed UseDevelopment Act 1993—the community bodycorporate; or

(c) subject to paragraphs (a) and (b), if the adjoiningpremises are subject to the Building Units and GroupTitles Act 1980—the body corporate; or

(d) if the adjoining premises are, under the Body Corporateand Community Management Act 1997, scheme land fora community titles scheme—

(i) the body corporate for the scheme; or

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(ii) if the adjoining premises are scheme land for more
than 1 community titles scheme—the bodycorporate for the community titles scheme that is aprincipal scheme; or

(e) if there is a time share scheme, as defined under theLocal Government Act, for a structure on the adjoiningpremises—the person notified to the local governmentconcerned as the person responsible for theadministration of the scheme as between the participantsin the scheme; or

(f) if the adjoining premises are land being bought from theState for an estate in fee simple under the LandAct—the buyer; or

(g) if the adjoining premises are land granted in trust orreserved and set apart and placed under the control oftrustees under the Land Act—the trustees of the land; or

(h) if paragraphs (a) to (g) do not apply—the person for thetime being entitled to receive the rent for the premises orwho would be entitled to receive the rent if the premiseswere let to a tenant at a rent.

29 Particular development for educational facilities

(1) Development for an educational facility funded under theFlying Start for Queensland Children program, if all of thefollowing apply to the development—

(a) 50% or more of the gross floor area of all buildings forthe development is under the relevant program;

(b) at least 10 business days before the development isstarted, an entity representing the school at which thedevelopment is to be carried out gives the localgovernment for the local government area in which theschool is located notice of the proposed development;

(c) the height of a building or covered outdoor area for thefacility is not more than the higher of—

(i) the height of the tallest building on the existingschool campus on which the facility is located; or

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(ii) 15m above ground level;

(d) if the development is on premises that shares a boundarywith residential land and an existing building on thepremises is less than 6m from the boundary—any newbuilding is at least the same distance from the boundaryas the building closest to it;

(e) if the development is on premises that shares a boundarywith residential land and all existing buildings on thepremises are at least 6m from the boundary—

(i) any single storey building for the facility is locatedat least 3m from the boundary; and

(ii) any multistorey building for the facility is locatedat least 6m from the boundary;

(f) all buildings for the facility are located—

(i) if an existing building on the premises on whichthe facility is to be located is less than 6m from aroad frontage—at least the same distance from theroad frontage as the building closest to it; or

(ii) otherwise—at least 6m from a road frontage;

(g) for a facility that involves the installation of externalfloodlights, the installation of the floodlights complieswith—

(i) AS 4282-1997 ‘Control of the Obtrusive Effects ofOutdoor Lighting’; and

(ii) AS 2560.1-2002 ‘Sports Lighting—GeneralPrinciples’;

(h) the facility is completely within an existing schoolcampus;

(i) the development does not involve the construction orextension of a vehicular access to the premises, otherthan a vehicular access for persons with a disability,emergency service vehicles or other service vehicles;

(j) the development does not reduce the number ofdedicated vehicle parking spaces on the premises onwhich the facility is located.

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(2) However, development that subsection (1) would otherwise
apply to is not prescribed for section 43(4)(b) [Categorisinginstruments] of the Act to the extent the development—

(a) is in a coastal management district; or

(b) is in an area for which a UXO area management advicehas been given; or

(c) is for a non-State school and is located—

(i) outside the existing development footprint on thepremises; and

(ii) in an assessable development area or identifiedkoala broad-hectare area; or

(d) is for a non-State school and involves the clearing ofnative vegetation—

(i) in a category A area or category B area shown on aPMAV; or

(ii) if there is no PMAV for the lot on which thedevelopment is carried out—shown on theregulated vegetation management map as remnantvegetation.

(3) Also, development that subsection (1) would otherwise applyto is not prescribed for section 43(4)(b) [Categorisinginstruments] of the Act if—

(a) any of the following matters apply to the development—

(i) the development is on a place that, on or before 9June 2011, was a local heritage place, or a placeidentified under a planning scheme as a place ofcultural heritage significance;

(ii) the development interferes with vegetationidentified under a planning scheme on or before 9June 2011 as vegetation that is protected;

(iii) the premises on which the development is to becarried out is identified under a planning scheme asaffected or potentially affected by subsidencecaused by underground mining; and

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(b) within 10 business days after receiving the noticementioned in subsection (1)(b), the local governmentadvises the school by notice that a matter mentioned inparagraph (a) applies to the development and the localgovernment is satisfied the development—

(i) may affect the local heritage place, place ofcultural heritage significance or protectedvegetation; or

(ii) may be affected by subsidence.


cultural heritage significance, in relation to a place, meansthe aesthetic, architectural, historical, scientific, social orother significance of the place, to the present generation orpast or future generations.

existing school campus means land at which a school isestablished, but does not include separate land associated withthe school and used solely—

(a) for sporting or recreational purposes; or

(b) for residential purposes, whether or not any dwellingson the land are vacant.

residential land means land that—

(a) is being used for residential purposes; or

(b) may, or is intended to be used, for residential purposesunder—

(i) a development approval in effect on or before 9June 2011; or

(ii) a planning scheme as in force on 9 June 2011.

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Schedule 8 Accepted development
section 18(1)

Part 1 Building work

1 Building work declared under the Building Act

Building work declared under the Building Act to be accepteddevelopment.


2 Material change of use for aquaculture

(1) A material change of use of premises for aquaculture if—

(a) the development complies with the requirements for thedevelopment stated under the Fisheries Regulation2008, section 703; and

(b) the development does not cause the discharge of wasteinto Queensland waters; and

(c) the aquaculture—

(i) is of indigenous freshwater fish species foraquarium display or human consumption only andis carried out—

(A) in a river basin or catchment that the speciesis native to; and

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(B) in ponds, or using above-ground tanks, thathave a total water surface area of no morethan 10ha; or

(ii) is of indigenous freshwater fish for aquariumdisplay or human consumption only, ornon-indigenous freshwater fish for aquariumdisplay only, and is carried out using onlyabove-ground tanks—

(A) that have a total floor area, excluding waterstorage area, of no more than 100m2; and

(B) that are impervious to predators andrainwater; or

(iii) is of indigenous marine fish for aquarium displayonly and is carried out using only above-groundtanks that have a total floor area, excluding waterstorage areas, of no more than 100m2.


indigenous freshwater fish means a fish that is—

(a) a freshwater fish as defined under the FisheriesRegulation 2008, schedule 11, part 2; and

(b) indigenous, within the meaning of the Fisheries Act,schedule, definition indigenous fisheries resources, to—

(i) only Queensland freshwaters; or

(ii) both Queensland freshwaters and Queensland tidalwaters.

indigenous marine fish means a fish that is indigenous,within the meaning of the Fisheries Act, schedule, definitionindigenous fisheries resources, to only Queensland tidalwaters.

3 Material change of use on contaminated land

A material change of use of premises if—

(a) all or part of the premises is on the contaminated landregister or environmental management register; and

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(b) the premises are not being used for a sensitive land use;
and

(c) the material change of use involves—

(i) a sensitive land use; or

(ii) a commercial purpose involving an accessibleunderground facility, including, for example, abasement car park, workshop or office; and

(d) the contaminated land register or environmentalmanagement register states the premises are suitable forthe proposed use in accordance with a site suitabilitystatement for the premises.

4 Material change of use in a State forest

A material change of use of premises in a State forest underthe Forestry Act 1959, if the material change of use is for 1 ormore of the following—

(a) conservation;

(b) planting trees, or managing, felling and removingstanding trees, in a plantation or native forest;

(c) grazing;

(d) recreation.

5 Material change of use for noise sensitive place on noise attenuation land

A material change of use of premises for a noise sensitiveplace on noise attenuation land if—

(a) the noise sensitive place is to be located on a part of thepremises that has noise levels exceeding 45dBA (LAeq)during the operating hours of an off-road motorcyclingfacility on off-road motorcycling facility land; and

(b) the material change of use is accepted developmentunder a local categorising instrument; and

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(c) the material change of use complies with the outcomesprescribed for noise category 2 in the QDC, part 4.4.


6 Operational work for taking or interfering with water

(1) Operational work that involves—

(a) taking or interfering with water from a watercourse, lakeor spring, or from a dam constructed on a watercourse orlake, if—

(i) the taking or interfering is permitted under theWater Act 2000, chapter 2, part 2, division 1A; or

(ii) the work involves the replacement of a pump andthe capacity of the new pump to take water is nogreater than the capacity of the existing pump; or

(iii) the work involves the installation of a pump to takewater under a water entitlement and the waterentitlement—

(A) is managed under a resource operationslicence, an interim resource operationslicence or a distribution operations licencegiven under the Water Act 2000; or

(B) states the rate at which water may be taken;or

(iv) the interfering is permitted under a water licenceand the work complies with the conditions of thelicence; or

(b) taking or interfering with water from a watercourse, lakeor spring, other than taking or interfering mentioned inparagraph (a), if—

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(i) a water resource plan states that the work is
accepted development; and

(ii) the work complies with the requirements for thework stated under the Water Act 2000, section1014(2)(j); or

(c) taking or interfering with subartesian water, other thanthrough an exempt bore, if—

(i) a water resource plan states that the work isaccepted development; and

(ii) the work complies with the requirements for thework stated under the Water Act 2000, section1014(2)(j); or

(d) taking overland flow water if—

(i) a water resource plan states that the work isaccepted development; and

(ii) the work complies with the requirements for thework stated under the Water Act 2000, section1014(2)(j).


water entitlement see the Water Act 2000, schedule 4.

7 Operational work for waterway barrier works

Operational work for constructing or raising waterway barrierworks if—

(a) the work complies with the requirements for the workstated under the Fisheries Regulation 2008, section 704;and

(b) the waterway barrier works are—

(i) temporary; or

(ii) minor; or

(iii) rebuilt on a regular basis.

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8 Operational work in a declared fish habitat area

Operational work completely or partly within a declared fishhabitat area if the work complies with the requirements for thework stated under the Fisheries Regulation 2008, section 705and is reasonably necessary for—

(a) the maintenance of existing structures, including, forexample, the following structures, if the structures wereconstructed 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 andweirs;

(ii) powerlines or associated powerline infrastructure;or

(b) educational or research purposes relating to the declaredfish habitat area; or

(c) monitoring the impact of development on the declaredfish habitat area; or

(d) the construction or placement of structures, including,for example, safety signs, swimming enclosures andaids to navigation, if—

(i) the impact on the area is minor; and

(ii) the structures are constructed in compliance withall the requirements, under any Act, relating to astructure of that type; or

(e) public benefit works, including, for example, theconstruction of runnels for mosquito control, theremoval of Lyngbya and seed collection for siterehabilitation, if the impact on the area is minor.

9 Operational work impacting on marine plants

(1) Operational work that is the removal, destruction or damageof a marine plant if—

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(a) the operational work complies with the requirements for
the work stated under the Fisheries Regulation 2008,section 706; and

(b) the removal, destruction or damage—

(i) is of dead marine wood on unallocated State landfor trade or commerce; or

(ii) is reasonably necessary for the maintenance ofexisting structures, including, for example, thefollowing structures, if the structures wereconstructed in compliance with all therequirements, under any Act, relating to a structureof that type—

(A) boat ramps, boardwalks, drains, fences,jetties, roads, safety signs, swimmingenclosures and weirs;

(B) drainage structures;

(C) powerlines or associated powerlineinfrastructure; or

(iii) is reasonably necessary for educational or researchpurposes or for monitoring the impact ofdevelopment on marine plants; or

(iv) is reasonably necessary for the construction orplacement of structures, including, for example,swimming enclosures, safety signs, aids tonavigation, fences, pontoons, public boat rampsand pipelines, if—

(A) the extent of the removal, destruction ordamage is minor; and

(B) the structures were constructed incompliance with all the requirements, underany Act, relating to a structure of that type;or

(v) is reasonably necessary for the construction ofrunnels for mosquito control, removal of Lyngbya,seed collection for site rehabilitation or the

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collection of marine plants for fishing bait orhandicraft.


dead marine wood means a branch or trunk that—

(a) is a part of a dead marine plant; or

(b) was a part of a dead marine plant.

10 Operational work for wetland protection areas

Operational work that is high impact earthworks, carried outfor electricity operating works or government supportedtransport infrastructure, in a wetland protection area if thework complies with the requirements stated in schedule 24[Requirements for high impact earthworks in wetlandprotection area].

11 Operational work for tidal works or works within a coastal management district

Operational work mentioned in schedule 3, part 1, table 4,item 5(a) or (b)(i) if—

(a) the work is undertaken—

(i) by a local government; or

(ii) by the Gold Coast Waterways Authority under theGold Coast Waterways Authority Act 2012; or

(ii) by or on behalf of the department in which theTransport Infrastructure Act or the TransportPlanning and Coordination Act 1994 isadministered; and

(b) the work complies with the requirements for the workprescribed under the Coastal Act, section 167(5)(b).

Note: The underlined words are a reference to the Sustainable PlanningRegulation.

Schedule 8


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12 Operational work relating to levees
(1) Operational work that is the following, if the work complieswith the requirements for the work stated under the Water Act2000, section 1014(2)(j)—

(a) construction of a new category 1 levee; or

(b) modification of an existing levee if, after themodification, the levee will fulfil the requirements for acategory 1 levee.


category 1 levee see the Water Regulation 2002, section62C(2).

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Schedule 9


Schedule 9 Prohibited development

section 18(2)(a)

1 Material change of use for a brothel

(1) A material change of use of premises for a brothel if—

(a) more than 5 rooms in the proposed brothel are to beused for providing prostitution; or

(b) any premises the subject of the development—

(i) is in, or within 200m of the closest point on anyboundary of, a primarily residential area or an areaapproved for residential uses or intended to beresidential in character; or

(ii) is within 200m of the closest point on anyboundary of land on which there is a residentialbuilding, place of worship, hospital, school,kindergarten, or any other facility or placeregularly frequented by children for recreational orcultural activities;

measured according to the shortest route a person mayreasonably and lawfully take, by vehicle or on foot,between the premises the subject of the developmentand the other land; or

(c) any premises the subject of the development is within100m of the closest point on any boundary of land onwhich there is a residential building, place of worship,hospital, school, kindergarten, or any other facility orplace regularly frequented by children for recreationalor cultural activities, measured in a straight line; or

(d) for premises the subject of the development that is in atown with a population of less than 25,000—

(i) the local government for the local government areahas required that all material changes of use forsuch development within the area be prohibited;and

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(ii) the Minister has agreed that the development
should be prohibited.


residential building means a building, or part of a building,used primarily for private residential use, other than abuilding, or part of a building, used only for caretaker’saccommodation on premises in an industrial area.

2 Material change of use on contaminated land

A material change of use of premises if—

(a) all or part of the premises is on the contaminated landregister or environmental management register; and

(b) the premises are not being used for a sensitive land use;and

(c) the material change of use involves—

(i) a sensitive land use; or

(ii) a commercial purpose involving an accessibleunderground facility, including, for example, abasement car park, workshop or office; and

(d) neither the contaminated land register nor theenvironmental management register state that thepremises are suitable for the proposed use in accordancewith a site suitability statement for the premises.

3 Operational work for clearing native vegetation

Operational work mentioned in schedule 12 [Operationalwork that is assessable development], section 1 [Assessabledevelopment [sch 3, pt 1, table 4, item 1]] that is not for arelevant purpose under the Vegetation Management Act,section 22A.

4 Operational work in a wetland protection area

Operational work that is high impact earthworks in a wetlandprotection area if—

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(a) the development is carried out for electricity operatingworks or government supported transport infrastructure;and

(b) the development is not accepted development underschedule 8 [Accepted development].

5 Development in North Stradbroke Island Region

(1) Development in the North Stradbroke Island Region that is anenvironmentally relevant activity under the EnvironmentalProtection Regulation, schedule 2, part 4, section 16 to theextent it involves dredging or extracting more than 10,000tonnes of material a year.


North Stradbroke Island Region see the North StradbrokeIsland Protection and Sustainability Act 2011, section 5.

Schedule 10


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Schedule 10 Building work that is
assessable development

sections 18(3)(a) and (5), 21, 24(2), 31(2) and 32(2)

Part 1 Building work under Building Act

1 Assessable development [sch 3, part 1, table 1, item 1]

Building work under the Building Act is assessabledevelopment, unless the building work is accepteddevelopment under schedule 8 [Accepted development].

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Division 1 Chief executive as referral agency

Table 1—Development application for building work under Building Act

Column 1 Column 2

1 Category of assessment Code assessment

2 Assessment benchmarks (a) The building assessment provisions

(b) The matters stated in the State Planning Policy, part E to be assessment benchmarks, to the extent the matters relate to strategic airports and aviation facilities, as defined under the State Planning Policy

3 Matters code assessment must have regard to

—

4 Matters impact assessment must have regard to

Not applicable

Table 1—Premises seaward of coastal building line

Column 1 Column 2

1 Application requiring referral Application for building work that isassessable development under section 1 ifthe building work is on premisescompletely or partly seaward of a coastalbuilding line under the Coastal Act

2 Referral agency The chief executive

[schedule 7, table 1, item 11]

3 Limitations on referral agency’s powers —

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4 Matters referral agency’s assessment must be against

The relevant provisions of the State development assessment provisions

5 Matters referral agency’s assessment must have regard to

—

6 Matters referral agency’s assessment may be against

—

7 Matters referral agency’s assessment may have regard to

—

Table 2—State transport infrastructure

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 if—

(a) any part of the premises is within 25m of a State-controlled road, or is a future State-controlled road, and the building work—

(i) is not associated with—

(A) a material change of use mentioned in schedule 7, table 3, item 1; or

(B) reconfiguring a lot mentioned in schedule 7, table 2, item 2; or

(C) government supported transport infrastructure; and

(ii) is for a non-residential purpose; and

(iii) involves the redirection or intensification of site stormwater from the premises, through a pipe with a cross-sectional area greater than 625cm2, to a State-controlled road or future State-controlled road; or

Table 1—Premises seaward of coastal building line

Column 1 Column 2

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(b) any part of the premises is future public passenger transport corridor and the building work is not associated with—

(i) reconfiguring a lot mentioned in schedule 7, table 2, item 33; or

(ii) a material change of use mentioned in schedule 7, table 3, item 14; or

(iii) government supported transport infrastructure; or

(c) any part of the premises is future railway land and the building work is not associated with—

(i) reconfiguring a lot mentioned in schedule 7, table 2, item 34; or

(ii) a material change of use mentioned in schedule 7, table 3, item 15A; or

(iii) government supported transport infrastructure

[Note: Underlined references are to the Sustainable Planning Regulation]


[schedule 7, table 1, items 8, 14 and 16]





—


—


—

Table 2—State transport infrastructure

Column 1 Column 2

Schedule 10


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Division 2 Local government as referral agency

Table 3—Declared fish habitat area

Column 1 Column 2

1 Application requiring referral Application for building work that isassessable development under section 1,other than building work prescribedunder the Fisheries Regulation 2008,section 702 as non-referable buildingwork, if the building work is in a declaredfish habitat area






—


—


—

Table 4—Particular class 1 and 10 buildings or structures involving possible amenity and aesthetic impacts

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 for a building or structure that is—

(a) a single detached class 1(a)(i) building, class 1(a)(ii) building made up of not more than 2 attached dwellings or a class 10 building or structure; and

(b) in a locality, and of a form, for which the local government has, by resolution or in its planning scheme, declared that the form may—

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(i) have an extremely adverse effect on the amenity, or likely amenity, of the locality; or

(ii) be in extreme conflict with the character of the locality

2 Referral agency The local government




The amenity and aesthetic impact of the building or structure on the locality if the building work is carried out


—


—


—

Table 5—Particular buildings for residential purposes

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 for a building, other than a class 1, 2, 3 or 4 building, for residential purposes





Whether the building is suitable for residential purposes


—

Table 4—Particular class 1 and 10 buildings or structures involving possible amenity and aesthetic impacts

Column 1 Column 2

Schedule 10


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—


—

Table 6—Design and siting

Column 1 Column 2


(a) the QDC, part 1.1, 1.2 or 1.3 applies to the building work and, under the part, the proposed building or structure does not include an acceptable solution for a relevant performance criteria under the part; or

(b) under the Building Act, section 33, an alternative provision applies for the building work and, under the provision, the proposed building or structure is not of the quantifiable standard for a relevant qualitative statement under the provision; or

(c) all of the following apply—

(i) under the Building Regulation 2006, section 10, the planning scheme includes a provision about a matter provided for under performance criteria P4, P5, P7, P8 or P9 of the QDC, part 1.1 or 1.2;

(ii) the provision applies for building work;

(iii) under the provision, the proposed building or structure is not of the quantifiable standard for a relevant qualitative statement under the provision

Table 5—Particular buildings for residential purposes

Column 1 Column 2

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For building work mentioned in item 1, column 2, paragraph (a)—whether the proposed building or structure complies with the performance criteria mentioned in the paragraph

For building work mentioned in item 1, column 2, paragraph (b) or (c)—whether the proposed building or structure complies with the qualitative statement mentioned in the paragraph


—


—


—

Table 7—Fire safety in particular budget accommodation buildings

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 if the building is required, under the Building Act, section 220, to comply with the fire safety standard under that Act





Whether, after the building work is completed, the building will comply with the fire safety standard under the Building Act

Table 6—Design and siting

Column 1 Column 2

Schedule 10


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—


—


—

Table 8—Higher risk personal appearance services

Column 1 Column 2


(a) the QDC, part 5.2 applies to the work; and

(b) the work does not comply with an acceptable solution stated in the part





Whether the building work complies with the performance criteria stated in the QDC, part 5.2 that are relevant to the acceptable solution


—


—


—

Table 7—Fire safety in particular budget accommodation buildings

Column 1 Column 2

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Schedule 10


Table 9—Building work for residential services

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 if the building work is for premises in which a residential service, as defined under the Residential Services (Accreditation) Act 2002, section 4, is conducted, or is proposed to be conducted





Whether, if the building work is carried out, the premises would comply with the requirements stated in the QDC, part 5.7


—


—


—

Table 10—Building work for removal or rebuilding

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 if the building work is, or relates to—

(a) the removal of a building or other structure, whether or not for rebuilding at another site; or

(b) the rebuilding of a building or other structure removed from another site




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(a) Whether the local government should require security, of no more than the value of the building work, for the performance of the work

(b) If security is required, the amount and form of security that is appropriate for the development


—


—


—

Table 11—Building work for particular class 1 buildings associated with material change of use of premises

Column 1 Column 2


(a) the building work is for a class 1(a)(i) building or a class 1(a)(ii) building made up of not more than 2 attached dwellings; and

(b) a material change of use of premises associated with the building work—

(i) is for a residential purpose in a residential zone; and

(ii) would have required a development permit if schedule 4, table 2, item 2 did not apply for the use

[Note: Underlined reference is to the Sustainable Planning Regulation]




Table 10—Building work for removal or rebuilding

Column 1 Column 2

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Schedule 10



The relevant provisions of a local instrument that would apply for the application if schedule 4, table 2, item 2 did not apply for the material change of use

[Note: Underlined reference is to the Sustainable Planning Regulation]


—


—


—

Table 12—Temporary accommodation buildings

Column 1 Column 2


(a) the building work is for a temporary accommodation building, as defined under the Building Regulation 2006, section 54A; and

(b) the QDC, part 3.3 applies to the work; and

(c) the requirements of acceptable solution A1 stated in the part are not complied with





Performance criteria 1 of the QDC, part 3.3


—

Table 11—Building work for particular class 1 buildings associated with material change of use of premises

Column 1 Column 2

Schedule 10


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—


—

Table 13—Building work relating to end of trip facilities for QDC, part 4.1

Column 1 Column 2


(a) the building work is for development that performance criteria P12 of the QDC, part 4.1, applies to; and

(b) the development application does not comply with the performance criteria





Whether the proposed development complies with performance criteria P12 of the QDC, part 4.1


—


—


—

Table 14—Building work for class 1 building on premises with on-site wastewater management system

Column 1 Column 2


Table 12—Temporary accommodation buildings

Column 1 Column 2

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(a) the building work is for a class 1 building; and

(b) an on-site wastewater management system, as defined under the QPW code, has been installed on the premises; and

(c) the work involves adding 1 or more bedrooms to the building





Whether the building work complies with the QPW code, part 1, performance criteria P2


—


—


—

Table 15—Flood hazard area

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 if the premises are completely or partly in a flood hazard area and—

(a) the development application states a defined flood level that is lower than a defined flood level declared by the local government under the Building Regulation 2006, section 13 for the part of the flood hazard area in which the premises is located; or

Table 14—Building work for class 1 building on premises with on-site wastewater management system

Column 1 Column 2

Schedule 10


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(b) the development application states a maximum flow velocity of water that is lower than a maximum flow velocity of water declared by the local government under the Building Regulation 2006, section 13 for the part of the flood hazard area in which the premises is located


[schedule 7, table 1, items 30 and 31]



If item 1, column 2, paragraph (a) applies—whether the defined flood level stated in the development application is appropriate having regard to all or any of the following matters—

(a) any flood modelling carried out for the premises or all or part of the flood hazard area within which the premises is located;

(b) any recorded flood levels for all or part of the flood hazard area within which the premises is located;

(c) any other matter the local government considers relevant.

If item 1, column 2, paragraph (b) applies—whether the maximum flow velocity of water stated in the development application is appropriate having regard to all or any of the following matters—

(a) any flood modelling carried out for the premises or all or part of the flood hazard area within which the premises is located;

(b) any flow velocity of water that has been recorded for a flood for—

(i) all or part of the flood hazard area within which the premises is located; or


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Division 3 Other persons as referral agency

(ii) the part of the premises on which the building work is to be carried out;

(c) any other matter the local government considers relevant


—


—


—

Table 16—Fire safety systems generally

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 that involves—

(a) a fire safety system for a building or structure, other than a temporary structure or a special structure as defined under the Building Act, schedule 2, if the building work—

(i) requires special fire services mentioned in schedule 29, part 1 [Special fire services]; or

(ii) includes an alternative solution assessed against the performance requirements of the Building Code, volume 1, or the performance criteria in the QDC, part 2.2, for the fire safety system; or


Column 1 Column 2

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(iii) includes an alternative solution assessed against the relevant performance requirements of the Building Code or the performance criteria stated in the QDC, part 2.3, for the fire safety system; or

(b) a fire safety system for a budget accommodation building if the work involves a solution—

(i) assessed against the performance criteria in the QDC, part 2.1 or the performance requirements of the Building Code, volumes 1 and 2, for the fire safety system; and

(ii) that includes a fire safety management plan as a condition of the use and occupation of the building; or

(c) a residential care building under the QDC, part 2.2

2 Referral agency The Queensland Fire and Emergency Service


3 Limitations on referral agency’s powers Referral agency may give advice only


If item 1, column 2, paragraph (a)(i) applies—the matters mentioned in schedule 29 [Special fire services], part 2

If item 1, column 2, paragraph (a)(ii) or (iii) applies—the Building Act, chapter 3 and the building assessment provisions

If item 1, column 2, paragraph (b) applies—the fire safety management plan

If item 1, column 2, paragraph (c) applies—

(a) the QDC, part 2.2; and


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(b) whether a fire and evacuation plan for the building under the Fire and Emergency Services Act 1990 complies with the QDC, part 2.2, schedule 2


—


—


—

Table 17—Water-based fire safety installations

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 involving a water-based fire safety installation, as defined under the Building Fire Safety Regulation 2008, schedule 3, for a building or structure, if the building work includes—

(a) the installation of the water-based fire safety installation; and

(b) an alternative solution assessed against performance criteria P3, P4 and P5 of the QDC, part 6.1


[schedule 7, table 1, item 2A]



Performance criteria P3, P4 and P5 of the QDC, part 6.1


—


—


Column 1 Column 2

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—

Table 18—Workplace involving spray painting

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 for a workplace involving spray painting if—

(a) the QDC, part 5.8, applies to the work; and

(b) the work is required to comply with performance criteria for the work stated in the part, other than by an acceptable solution

2 Referral agency The regulator under the Work Health and Safety Act 2011




The performance criteria stated in the QDC, part 5.8


—


—


—

Table 19—Fire safety for farm buildings

Column 1 Column 2


Table 17—Water-based fire safety installations

Column 1 Column 2

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Schedule 10


(a) performance criteria P1 of the QDC, part 3.7 applies to the building work and the work includes an alternative solution assessed against performance criteria P1; or

(b) performance criteria P3 of the QDC, part 3.7 applies to the building work and the work—

(i) does not comply with the QDC, part 3.7, acceptable solution A3(1)(a)(ii), (2) or (3); or

(ii) includes an alternative solution assessed against performance criteria P3 of the QDC, part 3.7,


[schedule 7, table 1, items 2AA and 2AB]



If item 1, column 2, paragraph (a) applies—performance criteria P1 of the QDC, part 3.7

If item 1, column 2, paragraph (b) applies—performance criteria P3 of the QDC, part 3.7


—


—


—

Table 20—Retail meat premises

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 for a retail meat premises if—

Table 19—Fire safety for farm buildings

Column 1 Column 2

Schedule 10


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2 Referral agency Safe Food Production QLD established under the Food Production (Safety) Act 2000






—


—


—

Table 21—Private health facilities

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 for a private health facility if—

(a) the QDC, part 5.5, applies to the work; and


2 Referral agency The chief health officer established under the Hospital and Health Boards Act 2011



Table 20—Retail meat premises

Column 1 Column 2

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—


—


—

Table 22—Workplace area less than 2.3m2

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 1 involving a workplace area less than 2.3m2 if—


(b) the work is required to comply with the performance criteria for work areas stated in the part, other than by an acceptable solution for work areas







—


—


—

Table 21—Private health facilities

Column 1 Column 2

Schedule 10


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Table 23—Pastoral workers’ accommodation
Column 1 Column 2

1 Application requiring referral Application for building work mentioned in section 1 for accommodation provided for a person performing pastoral work, as defined under the Pastoral Workers’ Accommodation Act 1980, if—


(b) the work is required to comply with the performance criteria for accommodation stated in the part, other than by an acceptable solution

2 Referral agency The chief executive of the department in which the Pastoral Workers’ Accommodation Act 1980 is administered






—


—


—

Table 24—Building work over or near relevant infrastructure relating to QDC, part 1.4

Column 1 Column 2



(b) the work will be carried out on a lot that contains, or is adjacent to a lot that contains, a sewer, water main or stormwater drain; and

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(c) either—

(i) the work does not comply with an acceptable solution for a relevant performance criteria stated in the part; or

(ii) the work is for a class of building or structure for which the part does not state an acceptable solution; and

(d) the relevant service provider is not the applicant

2 Referral agency The relevant service provider




Whether the proposed building or structure complies with the performance criteria in the QDC, part 1.4 that relate to a sewer, water main or stormwater drain


—


—


—

Table 25—Brisbane core port land

Column 1 Column 2

1 Application requiring referral Application for building work on Brisbane core port land if the premises the subject of the application is completely or partly within, or within 25m of, Brisbane port railway land.

2 Referral agency The chief executive of the department in which the Transport Infrastructure Act is administered

[TIA, section 283ZS]

Table 24—Building work over or near relevant infrastructure relating to QDC, part 1.4

Column 1 Column 2

Schedule 10


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The purpose stated in the Transport Infrastructure Act, section 258(2)


—


—


—

Table 25—Brisbane core port land

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Schedule 11


Schedule 11 Material change of use of premises that is assessable development


Part 1 Material change of use for an environmentally relevant activity



(1) A material change of use of premises for an environmentallyrelevant activity is assessable development if it is aconcurrence ERA (the relevant ERA).

(2) However, subsection (1) does not apply if—

(a) an environmental authority to carry out a concurrenceERA has been approved for the premises; and

(b) the relevant ERA and concurrence ERA mentioned inparagraph (a) are to be carried out under theenvironmental authority; and

(c) under the Environmental Protection Regulation, section14(1), the relevant ERA has a lower aggregateenvironmental score than the concurrence ERAmentioned in paragraph (a).


concurrence ERA see the Environmental ProtectionRegulation, section 16.

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Division 2 Assessment by assessment
manager


Table 1—Development application for environmentally relevant activity

Column 1 Column 2


2 Assessment benchmarks If the local government is the assessment manager—the matters prescribed as assessment benchmarks under the Environmental Protection Regulation, section 19C

[Note: A consequential amendment is required to this section of the EP Reg]

If the chief executive is the assessment manager—the relevant provisions of the State development assessment provisions


—


Not applicable

Table 1—Devolved environmentally relevant activity

Column 1 Column 2

1 Application requiring referral Application for a material change of use that is assessable development under section 1 if—(a) the environmentally relevant activity

the subject of the application has been devolved to a local government under the Environmental Protection Regulation; and

(b) the local government is not the assessment manager for the application



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The matters prescribed under the Environmental Protection Regulation, section 19C


—


—


—

Table 2—Non-devolved environmentally relevant activities

Column 1 Column 2

1 Application requiring referral Application for a material change of use that is assessable development under section 1 if—

(a) the environmentally relevant activity the subject of the application has not been devolved to a local government under the Environmental Protection Regulation; and

(b) the chief executive is not the assessment manager for the application







—


—


—

Table 1—Devolved environmentally relevant activity

Column 1 Column 2

Schedule 11


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Part 2 Material change of use for a
brothel



A material change of use of premises for a brothel isassessable development, unless the material change of use isprohibited development.


Table 1—Development application for a brothel

Column 1 Column 2

1 Category of assessment Code assessment if—

(a) the premises are completely or partly in an industrial area or on strategic port land; or

(b) the planning scheme that applies to the premises was made after 1 July 2000 and requires code assessment

Otherwise, impact assessment

2 Assessment benchmarks If the local government is the assessment manager—the performance criteria stated in the Prostitution Regulation 2014, schedule 3


—


—

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Part 3 Material change of use for a major hazard facility



A material change of use of premises for a major hazardfacility or proposed major hazard facility is assessabledevelopment.


Table 1—Development application for major hazard facility

Column 1 Column 2

1 Category of assessment Code assessment, if the chief executive is the assessment manager

2 Assessment benchmarks If the chief executive is the assessment manager—the relevant provisions of the State development assessment provisions


—


Not applicable

Schedule 11


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Part 4 Material change of use for aquaculture



A material change of use of premises for aquaculture isassessable development, unless the material change of use isaccepted development under schedule 8 [Accepteddevelopment].

Table 1—Referral agency’s assessment

Column 1 Column 2

1 Application requiring referral Application for development that is assessable development under section 3 if the chief executive is not the assessment manager







—


—


—

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Table 1—Development application for aquaculture

Column 1 Column 2




—


Not applicable


Column 1 Column 2

1 Application requiring referral Application for development that is assessable development under section 4 if the chief executive is not the assessment manager







—


—


—

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Schedule 12 Operational work that is
assessable development

sections 18, 21, 24, 31 and 32

Part 1 Operational work that is clearing native vegetation



(1) Operational work that is the clearing of native vegetation isassessable development if it is carried out on—

(a) freehold land; or

(b) indigenous land; or

(c) any of the following under the Land Act—

(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.

(2) However, subsection (1) does not apply if the clearing is—

(a) clearing, or for another activity or matter, mentioned inschedule 31, part 1 [Clearing of native vegetation—notassessable development]; or

(b) clearing mentioned in schedule 31, part 2 [Clearing ofnative vegetation—not assessable development] for theparticular land; or

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(c) prohibited development.



Table 1—Development application for clearing native vegetation

Column 1 Column 2




—


Not applicable


Column 1 Column 2

1 Application requiring referral Application for operational work that is assessable development under section 1, other than an application—

(a) for operational work associated with reconfiguring a lot mentioned in schedule 7, table 2, item 4; or

(b) for operational work associated with a material change of use of premises mentioned in schedule 7, table 3, item 10; or

(c) for which the chief executive is the assessment manager


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Part 2 Operational work associated with reconfiguring a lot


2 Assessable development [sch 3, pt 1, table 4, item 2]

Operational work for reconfiguring a lot is assessabledevelopment if the reconfiguration is also assessabledevelopment.







—


—


—


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Part 3 Operational work for taking or interfering with water



Operational work that involves the following is assessabledevelopment, unless the work is accepted development underschedule 8 [Accepted development]—

(a) taking or interfering with water from a watercourse, lakeor spring or from a dam constructed on a watercourse orlake;

(b) taking or interfering with artesian water, as definedunder the Water Act 2000, schedule 4, other thanthrough a monitoring bore;

(c) taking or interfering with subartesian water, other thanthrough an exempt bore, if—

Table 1—Development application for operational work for reconfiguring a lot

Column 1 Column 2


2 Assessment benchmarks —


—


Not applicable

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(i) a water resource plan states that the works are
assessable development; or

(ii) the works are prescribed as assessabledevelopment under the Water Act 2000;

(d) taking overland flow water if—

(i) a water resource plan states that the works areassessable development; or

(ii) the works are prescribed as assessabledevelopment under the Water Act 2000.


Table 1—Development application for taking or interfering with water

Column 1 Column 2




—


Not applicable

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Part 4 Operational work for particular dams



Operational work that is the construction of a dam, or relatesto a dam, is assessable development if, because of the work,the dam must be failure impact assessed.

Table 1—Taking or interfering with water

Column 1 Column 2

1 Application requiring referral Application for development that is assessable development under section 3, unless the chief executive is the assessment manager for the application







—


—


—

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manager


Table 1—Development application for particular dams

Column 1 Column 2




—


Not applicable


Column 1 Column 2








—


—


—

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Part 5 Operational work for tidal works or works in a coastal management district


5 Assessable development [sch 3, pt 1, table 4, item 5]

(1) Operational work, other than excluded work or accepteddevelopment under schedule 8 [Accepted development],section 11, is assessable development if the work is—

(a) tidal works; or

(b) any of the following carried out completely or partly in acoastal management district—

(i) interfering with quarry material, as defined underthe Coastal Act, on State coastal land abovehigh-water mark;

(ii) disposing of dredge spoil or other solid wastematerial 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 erosionprone area under the Coastal Act.


State coastal land see the Coastal Act, section 17.

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manager


Table 1—Development application for tidal works or works in a coastal management district

Column 1 Column 2


2 Assessment benchmarks If the local government is the assessment manager—the Coastal Regulation, schedule 4A

If the chief executive is the assessment manager—the relevant provisions of the State development assessment provisions


—


Not applicable

Table 1—Particular tidal works or works in a coastal management district

Column 1 Column 2

1 Application requiring referral Application for development that is assessable development under section 5, other than an application—

(a) for prescribed tidal work in a canal; or

(b) for work that is for the installation, maintenance or repair of overhead cables or lines that extend over tidal water; or

(c) for work that is for the construction, installation, maintenance or repair of pipelines, cables or lines under tidal water

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—


—


—

Table 1A—Particular works in tidal waters

Column 1 Column 2

1 Application requiring referral Application for operational work that is assessable development under section 5, other than work for government supported transport infrastructure, if the work is in tidal waters and any of the following apply—

(a) the work is tidal works, other than the following tidal works in Gold Coast waters—

(i) a boat ramp, jetty or private single vessel pontoon;

(ii) a drainage outlet;

(iii) a stormwater outlet;

(b) the work is the disposal of dredge spoil or other solid waste material in tidal water;

(c) the work is reclaiming land under tidal water;

(d) the work is constructing a canal, if the canal is associated with reconfiguring a lot

Table 1—Particular tidal works or works in a coastal management district

Column 1 Column 2

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—


—


—

Table 2—Work in Gold Coast waters

Column 1 Column 2

1 Application requiring referral Application for operational work that is assessable development under section 5 if the work is carried out in Gold Coast waters and is—

(a) tidal works; or

(b) disposing of dredge spoil or other solid waste material in tidal water; or

(c) reclaiming land under tidal water; or

(d) constructing a canal, if the canal is associated with reconfiguring a lot

2 Referral agency The Gold Coast Waterways Authority established under the Gold Coast Waterways Authority Act 2012

[schedule 7, table 2, item 15B]



The purposes of the Gold Coast Waterways Authority Act 2012

Table 1A—Particular works in tidal waters

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—


—


—

Table 3—Tidal works for a marina

Column 1 Column 2

1 Application requiring referral Application for operational work that is assessable development under section 5 if the application—

(a) is for tidal works; and

(b) involves a marina, as defined under the Transport Operations (Marine Pollution) Act 1995, with more than 6 vessel berths





The fire safety management plan for the marina


—


—


—

Table 2—Work in Gold Coast waters

Column 1 Column 2

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Part 6 Operational work relating to
fisheries


6 Assessable development [sch 3, part 1, table 4, items 6, 7 and 8]

The following operational work is assessable development,unless the work is accepted development under schedule 8[Accepted development]—

(a) operational work that is constructing or raising waterbarrier works;

(b) operational work completely or partly in a declared fishhabitat area;

(c) operational work that is the removal, destruction ordamage of a marine plant, other than—

(i) operational work for reconfiguring a lot that isassessable development under schedule 3, part 1,table 3, item 1 if a development permit is in effectfor the reconfiguration; and

(ii) operational work for a material change of use ofpremises that is assessable development if adevelopment permit is in effect for the materialchange of use.

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Table 1—Development application for operational works in relation to fisheries

Column 1 Column 2




—


Not applicable

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Part 7 Operational work in a wetland protection area


7 Assessable development [schedule 3, part 1, table 4, item 10]

(1) Operational work that is high impact earthworks in a wetlandprotection area is assessable development, unless theoperational work is—

(a) for a domestic housing activity; or


Column 1 Column 2








—


—


—

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(b) the natural and ordinary consequence of developmentthat is a material change of use of premises, orreconfiguring a lot—

(i) involving high impact earthworks in a wetlandprotection area; and

(ii) for which the chief executive, or the chiefexecutive (environment), was a referral agency; or

(c) accepted development under schedule 8 [Accepteddevelopment].


chief executive (environment) means the chief executive ofthe department in which the Environmental Protection Act isadministered.


Table 1—Development application for high impact earthworks in wetland protection area

Column 1 Column 2




—


Not applicable

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Part 8 Operational work for levees


8 Assessable development [sch 3, part 1, table 4, items 11 and 12]

The following operational work is assessable development—

(a) construction of a new category 2 levee;

(b) construction of a new category 3 levee;

(c) modification of an existing levee if, after themodification, the levee will fulfil the requirements for acategory 2 levee;


Column 1 Column 2



[schedule 7, table 2, item 43B]





—


—


—

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(d) modification of an existing levee if, after themodification, the levee will fulfil the requirements for acategory 3 levee.



Table 1—Development application for constructing or modifying a levee

Column 1 Column 2

1 Category of assessment Code assessment, if the application is for development that is assessable development under section 8(a) or (c)

Impact assessment, if the application is for development that is assessable development under section 8(b) or (d)

2 Assessment benchmarks The Water Regulation 2002, schedule 15B


—


—


Column 1 Column 2

1 Application requiring referral Application for operational work that is assessable development under section 8(b) or (d)






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—


—


—


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Schedule 13


Schedule 13 Reconfiguring a lot that is assessable development


Part 1 Reconfiguring a lot under Land Title Act


Reconfiguring a lot under the Land Title Act is assessabledevelopment, unless the reconfiguration—

(a) is mentioned in schedule 7 [Development localcategorising instrument may not state is assessabledevelopment], section 19(2) [Particularreconfigurations]; or

(b) is for a lot that is, or includes, Brisbane core port land;or

(c) is for reconfiguring a South Bank lot within thecorporation area under the South Bank Corporation Act1989; or

(d) is for land in a priority development area.

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Part 2 Assessment by assessment
manager

Table 1—Development application for reconfiguring a lot

Column 1 Column 2

1 Category of assessment Code assessment if—

(a) schedule 22 [Particular reconfiguring a lot requiring standard assessment] applies to the reconfiguration; or

(b) impact assessment is not required for the application

Impact assessment if schedule 22 does not apply to the reconfiguration and any of the following apply—

(a) a local categorising instrument requires impact assessment;

(b) the lot to be reconfigured is completely or partly in an SEQ development area and the reconfiguration is a subdivision, other than a prescribed subdivision

2 Assessment benchmarks For reconfiguring a lot that schedule 22 [Particular reconfiguring a lot requiring standard assessment] applies to—the assessment benchmarks prescribed in schedule 22 [Particular reconfiguring a lot requiring standard assessment] for the development


—


—

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Table 1—State-controlled road

Column 1 Column 2

1 Application requiring referral Application for reconfiguring a lot that is assessable development under section 1 if—

(a) any part of the premises—

(i) is within 25m of a State-controlled road; or

(ii) is future State-controlled road; or

(iii) adjoins a road that intersects with a State-controlled road that is within 100m of the premises; and

(b) 1 or more of the following apply—

(i) the total number of lots is increased;

(ii) the total number of lots adjoining the State-controlled road is increased;

(iii) there is a new or changed access between the premises and the State-controlled road







—


—


—

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Table 2—Other State transport infrastructure
Column 1 Column 2


(a) any part of the premises is within 25m of a public passenger transport corridor and any of the following apply—


(ii) an easement abutting the corridor is created; or

(b) any part of the premises is future public passenger transport corridor; or

(c) any part of the premises is within 25m of a railway or future railway land and any of the following apply—


(ii) an easement adjoining the railway or future railway land is created; or

(d) any part of the premises is future railway land; or

(e) any part of the premises is a State-controlled transport tunnel or future State-controlled transport tunnel; or

(f) any part of the premises is within 50m of a State-controlled transport tunnel or future State-controlled transport tunnel


[schedule 7, table 2, items 33, 34 and 34A]




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—


—


—

Table 3—Clearing vegetation

Column 1 Column 2


(a) a lot that the application relates to is 5ha or larger; and

(b) the size of any lot created is 25ha or smaller; and

(c) either—

(i) the reconfiguration involves operational work made assessable under schedule 3, part 1, table 4, item 1, other than operational work that is only the clearing of regulated regrowth vegetation; or

(ii) on any lot created, additional accepted operational work, other than operational work that is only the clearing of regulated regrowth vegetation, may be carried out

[Note: underlined references are to the Sustainable Planning Regulation]






Table 2—Other State transport infrastructure

Column 1 Column 2

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—


—


—

Table 4—Tidal works or development in a coastal management district

Column 1 Column 2


(a) the premises are situated completely or partly within a coastal management district; or

(b) the reconfiguration relates to the construction of a canal







—


—


—


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Table 5—Removal, destruction or damage of marine plants

Column 1 Column 2

1 Application requiring referral Application for reconfiguring a lot, if—

(a) the reconfiguration involves operational work that is the removal, destruction or damage of a marine plant; and

(b) there is no development permit for the operational work


[sch 7, table 2, item 31]





—


—


—

Table 6—Premises contaminated because of unexploded ordnance

Column 1 Column 2

1 Application requiring referral Application for reconfiguring a lot that is assessable development under section 1 if all or part of the premises is in an area for which a UXO area management advice has been given


[sch 7, table 2, item 22]





—

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—


—

Table 7—Premises in a wetland protection area

Column 1 Column 2


(a) any part of the premises is in a wetland protection area; and

(b) the reconfiguration results in more than 6 lots, or any lot created is less than 5ha; and

(c) the reconfiguration involves operational work, other than work for a domestic housing activity, that is high impact earthworks in a wetland protection area


[sch 7, table 2, item 43A]





—


—


—


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Table 8—Electricity infrastructure

Column 1 Column 2


(a) any part of the lot is subject to an easement in favour of a distribution entity or transmission entity under the Electricity Act 1994 and the easement is for a transmission grid or supply network; or

(b) any part of the lot is situated within 100m of a substation site

2 Referral agency The chief executive of the distribution entity or transmission entity under the Electricity Act 1994




The purposes of the Electricity Act 1994 and the Electrical Safety Act 2002


—


—


—

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Table 9—Oil and gas infrastructure
Column 1 Column 2


(a) any part of the lot is subject to an easement in favour of the holder of a pipeline licence given under the Petroleum and Gas (Production and Safety) Act 2004; and

(b) the easement is for the construction or operation of the pipeline the subject of the pipeline licence

2 Referral agency If the holder of the licence is not an individual—the chief executive of the holder

If the holder of the licence is an individual—the individual




The purposes of the Petroleum and Gas (Production and Safety) Act 2004


—


—


—

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Schedule 14


Schedule 14 Other development that is assessable development


Part 1 Development for removing quarry material



Development for removing quarry material from awatercourse or lake is assessable development if an allocationnotice is required under the Water Act 2000 for the removal.


Table 1—Development application for removing quarry material

Column 1 Column 2




—


Not applicable

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Part 2 Development on Queensland heritage place



Development on a Queensland heritage place is assessabledevelopment, unless—

(a) an exemption certificate under the Heritage Act hasbeen given for the development by the chief executive ofthe department in which that Act is administered; or


Column 1 Column 2

1 Application requiring referral Application for development that is assessable development under section 1 if the chief executive is not the assessment manager for the application







—


—


—

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(b) the development is, under section 78 of that Act,liturgical development; or

(c) the development is carried out by the State.



Table 1—Development application for development on Queensland heritage place

Column 1 Column 2




—


Not applicable


Column 1 Column 2

1 Application requiring referral Application for development that is assessable development under section 2 if the chief executive is not the assessment manager for the application






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Part 3 Development on local heritage place



Development on a local heritage place is assessabledevelopment, unless—

(a) the development is building work carried out by or onbehalf of the State, a public sector entity or a localgovernment; or

(b) the development is carried out by the State ondesignated premises; or

(c) the development is mentioned in schedule 7[Development local categorising instrument may notstate is assessable development]; or

(d) if the place is not a Queensland heritage place—anexemption certificate under the Heritage Act has beengiven for the development by a local government.

Notes—

1 For development on a local heritage place on airport land, see alsothe Airport Assets Act, section 54.


—


—


—


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2 For development on a local heritage place on Brisbane core portland, see also the Transport Infrastructure Act, section 283ZV.

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manager


Table 1—Development application for development on local heritage place

Column 1 Column 2

1 Category of assessment Impact assessment, if a local categorising instrument requires impact assessment

Otherwise, code assessment

2 Assessment benchmarks If the local government is the assessment manager—the Queensland Heritage Regulation 2015, schedule 2


—


—

Table 1—Building work on local heritage place

Column 1 Column 2

1 Application requiring referral Application for building work that is assessable development under section 3 if the local government is not the assessment manager





The Queensland Heritage Regulation 2015, schedule 2


—


—


—

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Part 4 Development on strategic port land


4 Assessable development [sch 3, part 1, table 5, item 6 and sch 3, part 1, table 2, item 3]

Development on strategic port land is assessable developmentif—

(a) the land use plan for the strategic port land states thedevelopment is assessable development; or

(b) the development is a material change of use of premisesthat is inconsistent with the land use plan for thestrategic port land.


Table 1—Development application for development on strategic port land

Column 1 Column 2


2 Assessment benchmarks If the port authority is the assessment manager—

(a) the land use plan for the strategic port land; and

(b) the matters stated in a regional plan for a region to be assessment benchmarks


—


Not applicable

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Part 5 Development in a priority port’s master planned area



Development in a priority port’s master planned area, otherthan development in a priority development area or Statedevelopment area, is assessable development if the portoverlay for the master planned area states the development isassessable development.


Column 1 Column 2

1 Application requiring referral Application for development that is assessable development under section 4(b)

2 Referral agency The Minister under the Transport Infrastructure Act




The Transport Infrastructure Act, section 287A


—


—


—

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Part 6 Development on airport land


6 Assessable development [sch 3, part 1, table 5, item 7 and sch 3, part 1, table 2, item 3]

Development on airport land is assessable development if—

(a) the land use plan for the airport land states thedevelopment is assessable development; or

(b) the development is a material change of use of premisesthat is inconsistent with the land use plan for the airportland.

Table 1—Development application for development in a priority port’s master planned area

Column 1 Column 2

1 Category of assessment If the port overlay requires impact assessment—impact assessment

Otherwise—code assessment

2 Assessment benchmarks Matters stated in the port overlay to be assessment benchmarks for the development


—


—

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manager


Table 1—Development application for development on airport land

Column 1 Column 2

1 Category of assessment For a material change of use that is inconsistent with the land use plan—code assessment, unless the land use plan requires impact assessment

For all other development—

(a) impact assessment if the land use plan requires impact assessment; or

(b) otherwise—code assessment

2 Assessment benchmarks (a) The relevant provisions of the State development assessment provisions

(b) Matters stated in the land use plan to be assessment benchmarks for the development


—


—


Column 1 Column 2

1 Application requiring referral Application for development that is assessable development under section 6 if the chief executive is the assessment manager for the application


[Airport Assets Act, section 50]


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The impacts of the proposed development, identified by the local government, on land in its local government area, other than airport land


—


—


—


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Schedule 15 Referral agency assessment for
particular prescribed assessable development

sections 21 and 24(2)


Table 1—Material change of use of premises involving removal, destruction or damage of marine plants

Column 1 Column 2

1 Application requiring referral Application for a material change of useof premises if—

(a) the material change of use involves operational work that is the removal, destruction or damage of a marine plant; and

(b) there is no development permit for the operational work







—


—


—

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Table 1—Operational work relating to State-controlled roads

Column 1 Column 2

1 Application requiring referral Application for operational work, otherthan operational work associated with amaterial change of use mentioned inschedule 7, table 3, item 1, operationalwork associated with reconfiguring a lotmentioned in schedule 7, table 2, item 2,or work for government supportedtransport infrastructure, if—



(ii) is future State-controlled road; and

(b) the work—

(i) is associated with access to the State-controlled road or future State-controlled road; or

(ii) involves extracting, excavating or filling more than 50m3; or

(iii) involves the redirection or intensification of site stormwater from the premises, through a pipe with a cross-sectional area greater than 625cm2, to a State-controlled road or future State-controlled road

[Note: Underlined references are to theSustainable Planning Regulation].







—

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—


—

Table 1—Development within limits of a port

Column 1 Column 2

1 Application requiring referral Application for development on landbelow high-water mark and within thelimits of a port under the TransportInfrastructure Act

2 Referral agency The chief executive of the port authority for the land


3 Limitations on referral agency’s powers If the development complies with all of the following, the referral agency may give advice only—

(a) the development is carried out at a distance of at least 200m from a shipping channel or an entry and exit shipping corridor for the port;

(b) the development is carried out at a distance of at least 100m from a swing basin, a commercial shipping wharf, a mooring, anchorage or spoil grounds;

(c) the development is carried out at a distance of at least 1000m from a planned port facility identified in a land use plan for strategic port land


Port authority functions under the Transport Infrastructure Act, chapter 8, part 3

Table 1—Operational work relating to State-controlled roads

Column 1 Column 2

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Schedule 15



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Table 1—Development within limits of a port

Column 1 Column 2

Schedule 16


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Schedule 16 Referral agency assessment for
particular assessable development under a local categorising instrument

sections 21 and 25

Part 1 Preliminary

1 About this schedule

(1) This schedule applies to a development application fordevelopment categorised as assessable development under alocal categorising instrument.

(2) The tables in parts 2 to 4 of this schedule state the referralagencies for a development application mentioned in thetables and other matters for carrying out referral agencyassessment of the application.

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Schedule 16



Table 1—Particular State transport infrastructure

Column 1 Column 2

1 Application requiring referral Application for a material change of use of premises, other than an excluded material change of use, if any part of the premises—

(a) is within 25m of—

(i) a State-controlled road; or

(ii) a public passenger transport corridor; or

(iii) a railway or future railway land; or

(b) is future State-controlled road; or

(c) adjoins a road that intersects with a State-controlled road within 100m of the premises; or

(d) is future public passenger transport corridor; or

(e) is future railway land.


[schedule 7, table 3, items 1, 14 and 15A]





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Schedule 16


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Table 2—State-controlled transport tunnels
Column 1 Column 2

1 Application requiring referral Application for a material change of use of premises if any part of the premises is—

(a) a State-controlled transport tunnel; or

(b) a future State-controlled transport tunnel; or

(c) within 50m of a State-controlled transport tunnel or future State-controlled transport tunnel


[schedule 7, table 3, item 15C]





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Schedule 16


Table 3—Coastal management districts

Column 1 Column 2

1 Application requiring referral Application for a material change of use of premises, if carrying out the change of use will involve—

(a) operational work, other than excluded work, carried out completely or partly in a coastal management district; or

(b) building work, carried out completely or partly in a coastal management district, that is—

(i) the construction of new premises with a gross floor area of at least 1000m2; or

(ii) the enlargement of the gross floor area of existing premises by more than 1000m2







—


—


—

Schedule 16


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Column 1 Column 2

1 Application requiring referral Application for a material change of use of premises, if the material change of use is not associated with reconfiguring a lot and any part of the premises—

(a) is within 100m of a substation site; or

(b) is subject to an easement in favour of a distribution entity or transmission entity under the Electricity Act 1994 and both of the following apply—

(i) the easement is for a transmission grid or supply network; and

(ii) any structure or work that is the natural and ordinary consequence of the use is, or will be, located completely or partly in the easement

2 Referral agency The chief executive of the distribution entity or transmission entity




The purposes of the Electricity Act 1994 and the Electrical Safety Act 2002


—


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Schedule 16



Column 1 Column 2

1 Application requiring referral Application for a material change of use of a lot that is 5ha or larger if—

(a) the application includes a variation request and the lot contains native vegetation shown on the regulated vegetation management map as a category A area or category B area; or

(b) all of the following apply—

(i) the application involves clearing, other than prescribed clearing;

(ii) additional accepted operational work may be carried out because of the material change of use or the development involves operational work made assessable under schedule 3, part 1, table 4, item 1;

(iii) the additional accepted operational work or assessable operational work includes development other than the clearing of regulated regrowth vegetation on freehold land, indigenous land or land the subject of a lease given under the Land Act for agriculture or grazing purposes








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Column 1 Column 2

1 Application requiring referral Application for a material change of use of premises if all or part of the premises is in an area for which a UXO area management advice has been given







—


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—

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Schedule 16



Column 1 Column 2

1 Application requiring referral Application for a material change of use of premises not associated with reconfiguring a lot if—

(a) any part of the lot is subject to an easement in favour of the holder of a pipeline licence given under the Petroleum and Gas (Production and Safety) Act 2004; and

(b) the easement is for the construction or operation of the pipeline the subject of the pipeline licence; and

(c) a structure or work that is the natural and ordinary consequence of the use is, or will be, located completely or partly in the easement


If the holder of the licence is an individual—the holder






—


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Table 8—Premises in or near a wetland
Column 1 Column 2

1 Application requiring referral Application for a material change of use of premises, other than a material change of use relating to a domestic housing activity, government supported transport infrastructure or electricity operating works, if—

(a) any part of the premises is situated in a wetland protection area; and

(b) the material change of use involves operational work that is high impact earthworks in a wetland protection area







—


—


—


Column 1 Column 2

1 Application requiring referral Application for a material change of use of premises, if—

(a) the material change of use involves operational work that is the removal, destruction or damage of marine plants; and

(b) there is no development permit in effect for the operational work



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Schedule 16






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Column 1 Column 2

1 Application requiring referral Application for operational work, other than work associated with a material change of use mentioned in schedule 7, table 3, item 1, operational work associated with reconfiguring a lot mentioned in schedule 7, table 2, item 2, or work for government supported transport infrastructure, if—



(ii) is future State-controlled road; and

(b) the work—

(i) is associated with access to the State-controlled road or future State-controlled road; or

(ii) involves extracting, excavating or filling more than 50m3; or

(iii) involves the redirection or intensification of site stormwater from the premises, through a pipe with a cross-sectional area greater than 625cm2, to a State-controlled road or future State-controlled road








—

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Schedule 16



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Table 2—Other transport infrastructure
Column 1 Column 2

1 Application requiring referral Application for operational work—

(a) that involves extracting, excavating or filling more than 50m3 (other than operational work associated with a material change of use of premises, reconfiguring a lot mentioned in schedule 7, table 2, item 33 or government supported transport infrastructure) if—

(i) the work is associated with access to a public passenger transport corridor or future public passenger corridor; and

(ii) any part of the premises is within 25m of a public passenger transport corridor or is future public passenger transport corridor; or

(b) that involves extracting, excavating or filling more than 50m3, other than work associated with a material change of use mentioned in schedule 7, table 3, item 15A(a), reconfiguring a lot mentioned in schedule 7, table 2, item 34, or government supported transport infrastructure, if the premises are—

(i) within 25m of a railway or future railway land; or

(ii) future railway land; or

(c) that is not associated with a material change of use of premises or reconfiguring a lot mentioned in schedule 7, table 2, item 34A, and the premises are—

(i) a State-controlled transport tunnel; or

(ii) a future State-controlled transport tunnel; or

(iii) within 50m of a State-controlled transport tunnel or future State-controlled transport tunnel


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Schedule 16



[schedule 7, table 3, items 14, 15B and 15C]





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Column 1 Column 2

1 Application requiring referral Application for operational work that is filling, excavation, compaction, drilling, boring or piling, not associated with reconfiguring a lot, if—

(a) any part of the premises is subject to an easement in favour of the holder of a pipeline licence given under the Petroleum and Gas (Production and Safety) Act 2004; and

(b) the work is located completely or partly in the easement


If the holder of the licence is an individual—the holder





Table 2—Other transport infrastructure

Column 1 Column 2

Schedule 16


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Column 1 Column 2

1 Application requiring referral Application for operational work that is filling or excavation, not associated with reconfiguring a lot, if—

(a) any part of the premises is subject to an easement in favour of a distribution entity or transmission entity under the Electricity Act 1994 and the work is located completely or partly in the easement; or

(b) the work is located completely or partly within 10m of a substation site

2 Referral agency The chief executive of the distribution entity or transmission entity




The purposes under the Electricity Act 1994 and the Electrical Safety Act 2002


—


—


—


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Schedule 16


Part 4 Other assessable development

Table 1—Development impacting on State transport infrastructure

Column 1 Column 2

1 Application requiring referral Application for an aspect of development identified in schedule 30 [Development impacting on State transport infrastructure and thresholds] that—

(a) is for a purpose mentioned in schedule 30 [Development impacting on State transport infrastructure and thresholds], column 1; and

(b) meets or exceeds the threshold—

(i) for development in LGA population 1—mentioned in schedule 30 [Development impacting on State transport infrastructure and thresholds], column 2 for the purpose; or

(ii) for development in LGA population 2—mentioned in schedule 30 [Development impacting on State transport infrastructure and thresholds], column 3 for the purpose.

However, if the development is for a combination of purposes mentioned in the same item of schedule 30 [Development impacting on State transport infrastructure and thresholds], the threshold is for the combination of purposes and not for each purpose individually.







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Table 2—Designated premises

Column 1 Column 2

1 Application requiring referral Application for development on designated premises if—

(a) the infrastructure is intended to be supplied by a public sector entity; and

(b) the premises are not owned by, or on behalf of, the State; and

(c) the development is for a purpose other than the designated purpose; and

(d) the development will not be carried out by, or on behalf of, the State.





—


The designation


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Table 1—Development impacting on State transport infrastructure

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Schedule 17


Schedule 17 Referral agency assessment for development at Port of Brisbane

sections 28 and 29

Part 1 Preliminary

1 About this schedule

(1) Part 2 of this schedule applies to a development applicationfor development on Brisbane core port land if the Brisbaneport LUP categorises the development as assessabledevelopment.

(2) Part 3 of this schedule applies to a development applicationfor development below high-water mark and within the Portof Brisbane’s port limits under the Transport InfrastructureAct.

(3) The tables in parts 2 and 3 of this schedule state the referralagencies for particular development applications that the partsapply to and other matters for carrying out referral agencyassessment of the applications.

Schedule 17


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Part 2 Assessable development under
Brisbane port LUP

Table 1—Material change of use if chief executive is assessment manager

Column 1 Column 2

1 Application requiring referral Application mentioned in section 1(1) if—

(a) the application is for a material change of use of premises; and

(b) the chief executive is the assessment manager for the application

2 Referral agency The Brisbane City Council

[TIA, s 283ZQ]



The material impacts of the proposed development, identified by the council, on land in its local government area, other than Brisbane core port land


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Schedule 17


Table 2—Operational work relating to State transport infrastructure

Column 1 Column 2

1 Application requiring referral Application mentioned in section 1(1) if the application is for operational work that—

(a) is associated with access to a State-controlled road; or

(b) is for filling or excavation on any part of the premises that is—

(i) within 100m of a State-controlled road; or

(ii) future State-controlled road; or

(c) involves the redirection or intensification of site stormwater from premises mentioned in paragraph (b)(i) or (ii) through a pipe with a cross-sectional area greater than 625cm2 that directs stormwater to a State-controlled road; or

(d) is completely or partly within a public passenger transport corridor or future public passenger transport corridor; or

(e) is completely or partly within, or within 25m of, Brisbane port railway land if the work involves extracting, excavating or filling more than 50m3


[TIA, s 283ZT]


Schedule 17


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If the application is mentioned in item 1, column 2, paragraph (a), (b) or (c)—the purpose mentioned in the Transport Infrastructure Act, section 49A(2)

If the application is mentioned in item 1, column 2, paragraph (d)—land use and transport coordination under the Transport Planning and Coordination Act 1994

If the application is mentioned in item 1, column 2, paragraph (e)—the purpose mentioned in the Transport Infrastructure Act, section 258(2)


—


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—

Table 3—Material change of use on premises for or near State transport infrastructure

Column 1 Column 2

1 Application requiring referral Application mentioned in section 1(1) if the application is for a material change of use of premises and—



(ii) is future State-controlled road; or

(b) the premises are completely or partly within a future public passenger transport corridor or public passenger transport corridor; or

(c) the premises are completely or partly within Brisbane port railway land

Table 2—Operational work relating to State transport infrastructure

Column 1 Column 2

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Schedule 17



[TIA, s 283ZT]



If the application is mentioned in item 1, column 2, paragraph (a)—the purpose mentioned in the Transport Infrastructure Act, section 49A(2)

If the application is mentioned in item 1, column 2, paragraph (b)—land use and transport coordination under the Transport Planning and Coordination Act 1994

If the application is mentioned in item 1, column 2, paragraph (c)—the purpose mentioned in the Transport Infrastructure Act, section 258(2)


—


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—

Table 4—Development inconsistent with Brisbane port LUP for transport reasons

Column 1 Column 2

1 Application requiring referral Application mentioned in section 1(1) if the application is for development that is inconsistent with the Brisbane port LUP for transport reasons

2 Referral agency The Minister responsible for administering the Transport Infrastructure Act

[TIA, s 283ZR]


Table 3—Material change of use on premises for or near State transport infrastructure

Column 1 Column 2

Schedule 17


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The transport reasons


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Table 5—Particular building work

Column 1 Column 2


(a) the application is for building work on Brisbane core port land; and

(b) the premises the subject of the application is completely or partly within, or within 25m of, Brisbane port railway land


[TIA, s 283ZS]



The purpose mentioned in the Transport Infrastructure Act, section 258(2)


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Table 4—Development inconsistent with Brisbane port LUP for transport reasons

Column 1 Column 2

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Schedule 17


Table 6—Material change of use for an environmentally relevant activity

Column 1 Column 2

1 Application requiring referral Application mentioned in section 1(1) if the application is for a material change of use of premises for an environmentally relevant activity that is prescribed assessable development

2 Referral agency The administering authority under the Environmental Protection Act

[TIA, s 283ZU]



The purposes of the Environmental Protection Act


—


—


—

Table 7—Material change of use or operational work for tidal works or in a coastal management district

Column 1 Column 2


(a) the application is for a material change of use of premises or operational work; and

(b) the application is also for—

(i) tidal works; or

(ii) operational work completely or partly in a coastal management district that is prescribed assessable development

2 Referral agency The chief executive of the department in which the Coastal Act is administered

[TIA, s 283ZW]


Schedule 17


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Coastal management under the Coastal Act, other than the impact of the development on amenity and aesthetic significance or value


—


—

Table 8—Material change of use for a major hazard facility

Column 1 Column 2

1 Application requiring referral Application mentioned in section 1(1) if the application is for a material change of use of premises for a major hazard facility or proposed major hazard facility


[TIA, s 283ZX(2)]



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—

Table 7—Material change of use or operational work for tidal works or in a coastal management district

Column 1 Column 2

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Schedule 17


Table 9—Operational work for taking or interfering with water

Column 1 Column 2

1 Application requiring referral Application mentioned in section 1(1) if the application is for operational work mentioned in schedule 12 [Operational work that is assessable development], section 3 [Assessable development [schedule 3, part 1, table 4, item 3]]

2 Referral agency The chief executive administering the Water Act 2000

[TIA, s 283ZX(3)]



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—

Table 10—Operational work for particular dams

Column 1 Column 2

1 Application requiring referral Application mentioned in section 1(1) if the application is for operational work mentioned in schedule 12 [Operational work that is assessable development], section 4 [Assessable development [schedule 3, part 1, table 4, item 4]]

2 Referral agency The chief executive administering the Water Supply Act

[TIA, s 283ZX(4)]



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—


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Table 11—Material change of use or operational work relating to fisheries

Column 1 Column 2

1 Application requiring referral Application mentioned in section 1(1) if the application is for—

(a) a material change of use of premises mentioned in schedule 11 [Material change of use that is assessable development], section 4 [Assessable development [schedule 3, part 1, table 2, item 10]]; or

(b) operational work mentioned in schedule 12 [Operational work that is assessable development], section 6 [Assessable development [schedule 3, part 1, table 4, items 6, 7 and 8]]; or

(c) a material change of use of premises that involves operational work that is the removal, destruction or damage of a marine plant if there is no development permit for the operational work

2 Referral agency The chief executive administering the Fisheries Act

[TIA, s 283ZX(5)]



—


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—

Table 10—Operational work for particular dams

Column 1 Column 2

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Schedule 17


Part 3 Development below high-water mark and within Port of Brisbane’s port limits


—

Table 1—Development below high-water mark and within port limits generally

Column 1 Column 2

1 Application requiring referral Application mentioned in section 1(2)

2 Referral agency The chief executive of the department in which the Marine Safety Act is administered

[TIA, s 283ZY(1)]



The purposes of the Marine Safety Act


—


—


—

Table 11—Material change of use or operational work relating to fisheries

Column 1 Column 2

Schedule 17


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Table 2—Development below high-water mark and within port limits if applicant is not port operator

Column 1 Column 2

1 Application requiring referral Application mentioned in section 1(2) if the port operator is not the applicant

2 Referral agency The port operator

[TIA, s 283ZY(3)]



The safety and operational integrity of the port


—


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Schedule 18


Schedule 18 Code assessment generally

section 31(1)


1 Assessment benchmarks if local government is assessment manager

If a local government is the assessment manager for adevelopment application for assessable development requiringcode assessment, the assessment benchmarks for thedevelopment are—

(a) the matters stated in the State Planning Policy, part E tobe assessment benchmarks, unless—

(i) the State Planning Policy is identified in theplanning scheme as being appropriately reflectedin the planning scheme; or

(ii) the development application is for building workassessable against the building assessmentprovisions; and

Note—

See also schedule 10 [Building work that is assessabledevelopment], part 1 [Building work under Building Act].

(b) the matters stated in a regional plan for a region to beassessment benchmarks, unless—

(i) the regional plan is identified in the planningscheme as being appropriately reflected in theplanning scheme; or

(ii) the development application is for building workassessable against the building assessmentprovisions; and

Schedule 18


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(c) if the local government is an infrastructure
provider—the local government’s LGIP.

2 Assessment benchmarks if chief executive is assessment manager for development application relating to Brisbane core port land

If the chief executive is the assessment manager for adevelopment application for assessable development that iscompletely or partly on Brisbane core port land and requirescode assessment, the Brisbane port LUP is an assessmentbenchmark for the development.



For a development application for assessable developmentrequiring code assessment, the code assessment must becarried out having regard—

(a) if the assessment manager is the chief executive—theregional plan for a region, unless the regional plan isidentified in the planning scheme as being appropriatelyreflected in the planning scheme; and

(b) the State Planning Policy, part C; and

(c) the common material; and

(d) any development approval for, and any lawful use of,premises the subject of the application or adjacentpremises.

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Schedule 19


Schedule 19 Impact assessment generally

section 32


1 Assessment benchmarks if local government is assessment manager

If the local government is the assessment manager for adevelopment application for assessable development requiringimpact assessment, the assessment benchmarks for thedevelopment are—

(a) the matters stated in the State Planning Policy, part E tobe assessment benchmarks, unless the State PlanningPolicy is identified in the planning scheme as beingappropriately reflected in the planning scheme; and

(b) the matters stated in the regional plan for a region to beassessment benchmarks, unless the regional plan isidentified in the planning scheme as being appropriatelyreflected in the planning scheme; and

(c) if the development is not in a local governmentarea—any local categorising instrument for a localgovernment area that may be materially affected by thedevelopment; and

(d) if the local government is an infrastructureprovider—the local government’s LGIP.

2 Assessment benchmarks if chief executive is assessment manager for development application relating to Brisbane core port land

If the chief executive is the assessment manager for adevelopment application for assessable development that iscompletely or partly on Brisbane core port land and requires

Schedule 19


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impact assessment, the Brisbane port LUP is an assessment
benchmark for the development.



For a development application for assessable developmentrequiring impact assessment, the impact assessment must becarried out having regard to—

(a) the State Planning Policy, part C; and

(b) the common material; and

(c) any development approval for, and any lawful use of,premises the subject of the application or adjacentpremises; and

(d) the regional plan for a region, unless the regional plan isidentified in the planning scheme as being appropriatelyreflected in the planning scheme.

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Schedule 20


Schedule 20 Development in SEQ region

sections 18(2)(b), (3)(b) and (5), 21, 26 and 32(3)

Part 1 Preliminary

1 Definitions for schedule

In this schedule—

indoor recreation—

(a) means—

(i) indoor sport and recreation; or

(ii) a wedding chapel; or

(iii) a restaurant; or

(iv) a tavern that involves tourist accommodation; and

(b) includes a commercial or retail activity that is ancillaryto a use mentioned in paragraph (a).

regional landscape and rural production area means a partof the SEQ region shown on the regulatory maps as a regionallandscape and rural production area.

residential development—

(a) means the use of premises for a residential purpose; and

(b) includes a relocatable home park, retirement facility orresidential care facility; and

(c) does not include—

(i) tourist accommodation; or

(ii) a detention facility.

rural living area means a part of the SEQ region shown onthe regulatory maps as a rural living area.

Schedule 20


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SEQ regional plan means the regional plan for the SEQ
region.

2 Deciding whether there is an overriding need in the public interest for development

(1) This section applies if, under part 3, divisions 3 to 5, a referralagency is deciding whether or not there is an overriding need,in the public interest, for development to be carried out onpremises outside the SEQ urban footprint.

(2) The referral agency may decide there is an overriding need, inthe public interest, for the development only if thedevelopment application demonstrates that—

(a) the development will have a social, economic orenvironmental benefit for the community thatoutweighs—

(i) any adverse impacts of the development on thenatural values of the premises; and

(ii) the desirability of achieving the desired regionaloutcomes stated in the SEQ regional plan,particularly outcomes about consolidating urbandevelopment in the SEQ urban footprint andpreventing land fragmentation in the regionallandscape and rural production area; and

(b) there will be a significant adverse economic, social orenvironmental impact on the community if thedevelopment is not carried out; and

(c) the premises have particular characteristics that arenecessary for the carrying out of the development; and

(d) either—

(i) there are no premises in the SEQ urban footprintthat have the particular characteristics; or

(ii) the development could not reasonably be locatedon premises in the SEQ urban footprint that havethe particular characteristics.

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Schedule 20


(3) To remove any doubt, it is declared that there is not anoverriding need, in the public interest, for the developmentmerely because—

(a) the applicant owns the premises; or

(b) the applicant has an interest in, or option over, thepremises; or

(c) the premises are available for the carrying out of thedevelopment.


3 Subdividing a lot in regional landscape and rural production area

(1) Subdividing a lot completely or partly in the regionallandscape and rural production area is prohibiteddevelopment.

(2) However, the subdivision is not prohibited development if—

(a) the subdivision is a prescribed subdivision; or

(b) the lot is in a rural subdivision precinct and thesubdivision is consistent with the rural subdivisionprecinct plan approved by the Minister by gazette noticefor the precinct; or

(c) the subdivision does not create a lot of less than 100ha;or

(d) the lot is in an area identified in a gazette notice by theMinister as having a rural residential purpose and anapplication for the subdivision was properly made underthe old Act or the repealed Integrated Planning Act1997 on or before 6 December 2010; or

Note: This section reflects the SEQ SPRP. This section is to be clarified.

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(e) the subdivision is consistent with a development
approval for a material change of use that applies to thelot and the material change of use is assessabledevelopment under section 4.


rural subdivision precinct means an area in the SEQ regionidentified in a gazette notice by the Minister as a ruralsubdivision precinct.

Part 3 Material change of use in SEQ region that is assessable development

Division 1 Material change of use for particular tourist or sport and recreation activities


4 Assessable development [SEQ SPRP table 2B]

A material change of use of premises for a tourist activity orsport and recreation activity is assessable development if—

(a) the premises are completely or partly in—

(i) the regional landscape and rural production area;or

(ii) the rural living area; and

(b) the use—

(i) has a gross floor area of more than 5000m2,excluding any part of the use that is touristaccommodation; or

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Schedule 20


(ii) involves an ancillary commercial or retail activitywith a gross floor area of more than 250m2; or

(iii) provides tourist accommodation for more than 300persons; and

(c) the material change of use is not excluded development.

Schedule 20


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Subdivision 2 Assessment by assessment
manager

Table 1—Development application for tourist activity or sport and recreation activity

Column 1 Column 2

1 Category of assessment Impact assessment

2 Assessment benchmarks If the local government is the assessment manager—

(a) when the use starts, the premises will have—(i) direct access to transport

infrastructure, including public transport, that is adequate to service the use; and

(ii) infrastructure (including, for example, infrastructure for electricity, stormwater, water supply and the treatment and disposal of waste) that is adequate for the use; and

(iii) access to a suitable workforce; and

(b) the premises are physically suitable for the use; and

(c) the premises are appropriately separated from incompatible uses; and

(d) development is not carried out in an area— (i) of significant biodiversity value;

or(ii) if there is a material risk of

serious harm to persons or property in the area from natural events or processes (bush fires, coastal erosion, flooding or landslides, for example); and

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Division 2 Material change of use for particular community activities


5 Assessable development [SEQ SPRP table 2C]

(1) A material change of use of premises for a community activityis assessable development if the premises are completely orpartly in—

(a) the regional landscape and rural production area; or

(b) the rural living area.


(e) the material change of use does not involve residential uses, other than tourist accommodation or accommodation for employees; and

(f) any commercial, industrial or retail activity carried out as part of the use is ancillary to the use; and

(g) the use complies with the strategic intent of the SEQ regional plan, including the desired regional outcomes stated in the plan; and

(h) if the development involves extending the gross floor area of a retail activity by more than 10,000m2—the development provides sufficient land with street frontage for any non-retail commercial activities


Not applicable


—

Table 1—Development application for tourist activity or sport and recreation activity

Column 1 Column 2

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(a) the use has a gross floor area of no more than 5000m2,
excluding any part of the use that is touristaccommodation; and

(b) any commercial or retail activity that is on the premisesand ancillary to the use has a gross floor area of no morethan 250m2; and

(c) any tourist accommodation on the premises providesaccommodation for no more than 300 persons.

(3) Also, subsection (1) does not apply if the material change ofuse is excluded development.

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Table 1—Development application for community activity

Column 1 Column 2


2 Assessment benchmarks If the development involves extending the gross floor area of a retail activity by more than 10,000m2—the development provides sufficient land with street frontage for any non-retail commercial activities


Not applicable


—


Column 1 Column 2

1 Application requiring referral Application for development that is assessable development under section 5


[SEQ SPRP]


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(a) when the use starts, the premises will have—(i) direct access to transport

infrastructure, including public transport, that is adequate to service the use; and

(ii) infrastructure (like infrastructure for electricity, stormwater, water supply and the treatment and disposal of waste) that is adequate for the use; and

(iii) access to a suitable workforce; and

(b) the premises are physically suitable for the use; and

(c) the premises are appropriately separated from incompatible uses; and

(d) development is not carried out in an area— (i) of significant biodiversity value;

or(ii) if there is a material risk of

serious harm to persons or property in the area from natural events or processes (bush fires, coastal erosion, flooding or landslides, for example); and

(e) the material change of use does not involve residential uses, other than tourist accommodation for no more than 300 persons; and

(f) any commercial, industrial or retail activity carried out as part of the use has a gross floor area of no more than 250m2; and

(g) the use complies with the strategic intent of the SEQ regional plan, including the desired regional outcomes stated in the plan


—


Column 1 Column 2

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Division 3 Material change of use for particular indoor recreation


6 Assessable development [SEQ SPRP table 2D]

(1) A material change of use of premises for indoor recreation isassessable development if the premises are completely orpartly in—




(a) the use has a gross floor area of no more than 3000m2,excluding any part of the use that is touristaccommodation; and

(b) the use caters for no more than 250 persons; and

(c) any tourist accommodation that is part of the useprovides accommodation for no more than 100 persons.



—


—


Column 1 Column 2

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manager


Table 1—Development application for indoor recreation

Column 1 Column 2


2 Assessment benchmarks If the development involves extending the gross floor area of a retail activity by more than 10,000m2—the development provides sufficient land with street frontage for any non-retail commercial activities


Not applicable


—


Column 1 Column 2



[SEQ SPRP]



(a) the locational requirements or environmental impacts of the development require it to be outside the SEQ urban footprint; and

(b) there is an overriding need, in the public interest, for the development to be carried out on premises outside the SEQ urban footprint


—

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Division 4 Material change of use for particular residential development


7 Assessable development [SEQ SPRP table 2E]

(1) A material change of use of premises for residentialdevelopment is assessable development if the premises arecompletely or partly in—



(2) However, subsection (1) does not apply if the material changeof use is—

(a) for rural residential development in the rural living area;or

(b) a dwelling house, or caretaker’s accommodation, on anexisting lot; or

(c) excluded development.


rural residential development means development that is fora residential purpose on a large lot in a rural, semi-rural orconservation setting.


—


—

Note: This definition is to be clarified.


Column 1 Column 2

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manager


Table 1—Development application for residential development

Column 1 Column 2


2 Assessment benchmarks —


Not applicable


—


Column 1 Column 2



[SEQ SPRP]






—


—


—

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Schedule 20


Division 5 Material change of use for particular urban activities


8 Assessable development [SEQ SPRP table 2F]

(1) A material change of use of premises for an urban activity isassessable development if the premises are completely orpartly in—



(2) However, subsection (1) does not apply if the urban activityis—

(a) indoor recreation; or

(b) residential development; or

(c) an industrial or commercial activity, other than a servicestation, with a gross floor area of no more than 750m2

and both of the following apply—

(i) any ancillary retail activity on the premises has agross floor area of no more than 50m2;

(ii) any outdoor area on the premises that is associatedwith the use has an area of no more than 1500m2;or

(d) a service station with a gross floor area of no more than1000m2 and both of the following apply—

(i) any ancillary retail activity on the premises has agross floor area of no more than 250m2;

(ii) any outdoor area on the premises that is associatedwith the use has an area of no more than 2000m2.



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outdoor area—
(a) means an area that is outdoors; and

(b) includes an area that is an unenclosed, covered patioarea, car parking area, area for loading or manoeuvringvehicles, or outdoor storage area; and

(c) does not include a driveway or landscaped area.

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Table 1—Development application for urban activity

Column 1 Column 2


2 Assessment benchmarks If the development involves extending the gross floor area of a retail activity by more than 10,000m2—the development provides sufficient land with street frontage for non-retail commercial activities


Not applicable


—


Column 1 Column 2



[SEQ SPRP]






—

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—


—


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Part 4 Referral agency assessment for particular reconfiguring a lot

Part 5 Referral agency assessment for particular material change of use

Table 1—SEQ development area

Column 1 Column 2

1 Application requiring referral Application for reconfiguring a lot completely or partly in an SEQ development area, if the reconfiguration is—(a) prescribed assessable development

and(b) a subdivision other than a prescribed

subdivision


[SEQ SPRP table 3B]



Whether the development is consistent with the future planning intent for the area stated in a planning instrument


—


—


—

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Table 1—SEQ development area

Column 1 Column 2

1 Application requiring referral Application for a material change of use of premises completely or partly in an SEQ development area, if—

(a) the material change of use is assessable development requiring impact assessment under a local categorising instrument; or

(b) the material change of use is assessable development requiring code assessment under a local categorising instrument and both of the following apply—(i) the use has a gross floor area of

more than 10,000m2;(ii) the premises has an area of

more than 10,000m2


[SEQ SPRP]



Whether the development is consistent with the future planning intent for the area stated in a planning instrument


—


—


—

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Schedule 21


Schedule 21 Development in koala habitat area

sections 18(2)(c) and 34

Part 1 Preliminary

1 Application of schedule

(1) This schedule applies to a development application for amaterial change of use of premises, operational work orreconfiguring a lot if the premises are completely or partly ina koala habitat area.

(2) However, this schedule does not apply to a developmentapplication—

(a) for development that will result in—

(i) a total area of 500m2 or less on the premises beingcleared of native vegetation; and

(ii) a development footprint of 500m2 or less on thepremises; and

(iii) a total area of 5000m2 or less of gravel, rock orsand being extracted from the premises; and

(iv) a total area of 5000m2 or less being excavated orfilled on the premises; or

(b) for reconfiguring a lot that does not create an additionallot; or

(c) for infrastructure stated in schedule 5 [Infrastructure], ifthe development is carried out by, or on behalf of, theState or a public sector entity; or

(d) for development that is—

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(i) assessable development under a variation approval;
or

(ii) prescribed assessable development; or

(e) for development for a coordinated project under theState Development Act; or

(f) for development in a State development area; or

(g) if the chief executive is the assessment manager for theapplication; or

(h) that the old Act, section 857(3) applies to.


In this schedule—

area of koala habitat value means an area—

(a) shown as high value other, medium value other or lowvalue other on a map of koala habitat values; or

(b) that—

(i) is less than 0.5ha; and

(ii) does not contain contiguous native vegetation; and

(iii) contains forest, scattered trees, grass and baresurfaces; and

(iv) provides koalas with food and shelter trees; and

(v) allows for the movement and dispersal of koalas;and

(vi) allows for genetic exchange between koalas.

area unsuitable for koalas means an area—

(a) shown as generally not suitable on a map of koalahabitat values; or

Note: The word ‘contiguous’ is used in the South East Queensland KoalaConservation State Planning Regulatory Provisions. This term is to beclarified.

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(b) that—

(i) predominantly has bare and impervious surfaces;and

(ii) is unsuitable for maintaining koala populationsbecause the area is separated from other areas ofkoala habitat and contains a high level of threatsfor koalas; and

Examples of areas that contain a high level of threats forkoalas—

corridors containing transport infrastructure, industrialareas, major urban centres

(iii) does not generally contain koalas at the scale oftens of thousands of hectares.

bushland habitat area means an area—

(a) shown as an area of high value bushland, medium valuebushland or low value bushland on a map of koalahabitat values; or

(b) that is 2ha or more, or less than 2ha but within 50m ofbushland, if the area—

(i) contains contiguous native vegetation; and

(ii) is predominantly covered with forest, including,for example, closed canopy forest or openwoodland; and

(iii) contains a variety of the types of eucalyptusspecies used by koalas for food, shelter, movementand dispersal; and

(iv) is not a plantation forest.

Note: The underlined words are used in the South East QueenslandKoala Conservation State Planning Regulatory Provisions. This term isto be clarified.


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habitat connectivity value, of premises, means the ability of
the premises to facilitate koala movement having regard to thefollowing matters—

(a) the attributes of the premises, including, for example—

(i) whether koalas are present on the premises; and

(ii) the condition of any koala habitat on the premises;and

(iii) whether there is a waterway or ecological corridoron the premises; and

(iv) whether the premises contains remnant vegetationor regulated regrowth vegetation;

(b) the proximity of the premises to—

(i) a koala habitat area, particularly a bushland habitatarea, high value rehabilitation habitat area ormedium value rehabilitation habitat area; or

(ii) an area of remnant vegetation or regulatedregrowth vegetation, if koalas are present in thearea; or

(iii) an area of ecological significance; or

(iv) a waterway; or

(v) an ecological corridor;

(c) any factor which may reduce or adversely affect koalamovement, including, for example—

(i) the proximity and location of roads or otherinfrastructure; and

(ii) the indirect impact of development on theecological features of the premises; and

(iii) edge effects.

Note: The term ‘edge effects’ is used in the South East QueenslandKoala Conservation State Planning Regulatory Provisions. This term isto be clarified.

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high value rehabilitation habitat area means an area shownas high value rehabilitation on a map of koala habitat values.

koala habitat area means an area that—

(a) is any of the following—

(i) a bushland habitat area;

(ii) a rehabilitation habitat area;

(iii) an area of koala habitat value; but

(b) is not an area unsuitable for koalas.

koala habitat tree means—

(a) a tree of the Corymbia, Melaleuca, Lophostemon orEucalyptus genera that is edible by koalas; or

(b) a species of tree that koalas use for shelter, including forexample, trees of the Angophora species.

map of koala habitat values means each of the followingmaps, dated 31 May 2010, and published by the department ofEnvironment and Heritage Protection—

(a) SPRP_KHV4;

(b) SPRP_KHV7;

(c) SPRP_KHV9;

(d) SPRP_KHV10;

(e) SPRP_KHV13;

(f) SPRP_KHV14;

(g) SPRP_KHV18;

(h) SPRP_KHV19;

(i) SPRP_KHV20;

(j) SPRP_KHV23;

(k) SPRP_KHV24;

(l) SPRP_KHV25;

(m) SPRP_KHV29.

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medium value rehabilitation habitat area means an area
shown as medium value rehabilitation on a map of koalahabitat values.

non-juvenile koala habitat tree means a koala habitat treethat has—

(a) a height greater than 4m; or

(b) a circumference greater than 31.5cm measured at 1.3mabove the ground.

rehabilitation habitat area means an area—

(a) shown on a map of koala habitat values as high valuerehabilitation, medium value rehabilitation or low valuerehabilitation; or

(b) that—

(i) is at least 0.5ha; and

(ii) does not contain contiguous native vegetation; and

(iii) contains forest, scattered trees, grass and baresurfaces; and

(iv) provides koalas with food and shelter trees; and

(v) allows for the movement and dispersal of koalas;and

(vi) allows for genetic exchange between koalas.

safe koala movement measure is a measure that facilitates thesafe movement of koalas on, or through, premises by, forexample, minimising threats to koalas or providing food orrefuge for koalas.


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Part 2 Request about koala habitat type

3 Request to assessment manager

(1) This section applies in relation to a development applicationthat section 7, 8, 9 or 10 applies to.

(2) The applicant may, in writing, request that the assessmentmanager make 1 or more of the following decisions (each arequested decision)—

(a) if all or part of the premises is shown on a map of koalahabitat values as a bushland habitat area—a decisionthat the premises or part is in—

(i) a rehabilitation habitat area; or

(ii) an area of koala habitat value; or

(iii) an area unsuitable for koalas;

(b) if all or part of the premises is shown on a map of koalahabitat values as a rehabilitation habitat area—adecision that the premises or part is in—

(i) an area of koala habitat value; or

(ii) an area unsuitable for koalas;

(c) if all or part of the premises is shown on a map of koalahabitat values as an area of koala habitat value—adecision that the premises or part is in an area unsuitablefor koalas.

(3) A request under subsection (2) must be accompanied by areport (a habitat value report), prepared by an appropriatelyqualified person, about the koala habitat value of the premisesor part.

(4) The assessment manager may make the requested decision ifsatisfied the map of koala habitat values is inconsistent withthe actual koala habitat value of the premises or part.

(5) If the requested decision is made—

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(a) the assessment manager must give the applicant notice
of the decision; and

(b) the premises or part is taken, for assessing and decidingthe development application, to be in the area decidedby the assessment manager, as if the premises or partwere shown on a map of koala habitat values as being inthe area decided by the assessment manager.


appropriately qualified, for the preparation of a habitat valuereport, means having the technical expertise, qualifications orexperience necessary to prepare the report.


4 Material change of use in priority koala assessable development area

(1) A material change of use of premises for an urban activity,other than rural residential development, is prohibiteddevelopment to the extent—

(a) the premises is in a priority koala assessabledevelopment area; and

(b) the premises are in an area designated under a localcategorising instrument for conservation, open space,rural or rural residential purposes; and

(c) the premises are in a koala habitat area.

(2) However, the following development is not prohibiteddevelopment—

(a) development for a domestic housing activity;

(b) development mentioned in section 34(2)(a), (b), (c), (e),(f) or (h);

(c) development for which assessment benchmarks areprescribed under section 5, 6, 7 or 8;

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(d) development that is accepted development.


rural residential development means development that ispredominantly for a residential purpose and involves a singledwelling on a lot of more than 2000m2.


5 Assessment benchmarks—particular development relating to existing development approval

(1) This section applies to a development application fordevelopment completely or partly in an assessabledevelopment area if the development is—

(a) approved by a preliminary approval in effect for thepremises; or

(b) operational work associated with a material change ofuse of premises or reconfiguring a lot, if the materialchange of use or reconfiguration is approved by adevelopment approval in effect for the premises.

(2) However, this section does not apply if the development is fora domestic housing activity.

(3) The following matters are assessment benchmarks for thedevelopment—

(a) the development provides, to the greatest extentpracticable, safe koala movement measures that areappropriate for the development and have regard to thehabitat connectivity value of the premises;

(b) clearing of native vegetation complies with therequirements in part 5;

(c) construction activities on the premises involve measuresto ensure the risk of death or injury to koalas is notincreased;

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(d) native vegetation that is cleared during the carrying out
of construction activities is progressively restored andrehabilitated, if the vegetation is an area intended toprovide for safe koala movement measures.

6 Assessment benchmarks—particular development in identified koala broad-hectare area

(1) This section applies to a development application fordevelopment completely or partly in an identified koalabroad-hectare area.

(2) However, this section does not apply if—

(a) the development is for a domestic housing activity; or

(b) section 5 or 8 applies to the development application.


(a) the development provides, to the greatest extentpracticable, safe koala movement measures that areappropriate for the development and have regard to thehabitat connectivity value of the premises;

(b) clearing of native vegetation complies with therequirements in part 5;

(c) construction activities on the premises involve measuresto ensure the risk of death or injury to koalas is notincreased;

(d) native vegetation that is cleared during the carrying outof construction activities is progressively restored andrehabilitated, if the vegetation is an area intended toprovide for safe koala movement measures;

(e) landscaping provides food, shelter and movementopportunities for koalas.

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7 Assessment benchmarks—development for particular infrastructure

(1) This section applies to a development application fordevelopment completely or partly in an assessabledevelopment area if the development is for linearinfrastructure or infrastructure stated in schedule 5[Infrastructure].

(2) However, this section does not apply if section 5, 6 or 8applies to the development application.


(a) the development avoids clearing non-juvenile koalahabitat trees in bushland habitat areas, high valuerehabilitation habitat areas and medium valuerehabilitation habitat areas;

(b) if the clearing of non-juvenile koala habitat trees can notbe avoided in an area mentioned in paragraph (a)—

(i) the amount of clearing is minimised; and

(ii) any significant residual impact of the clearing isoffset;

(c) the development provides, to the greatest extentpracticable, safe koala movement measures that areappropriate for the development and have regard to thehabitat connectivity value of the premises;

(d) clearing of native vegetation complies with therequirements in part 5;

(e) construction activities on the premises involve measuresto ensure the risk of death or injury to koalas is notincreased;

(f) native vegetation that is cleared during the carrying outof construction activities is progressively restored andrehabilitated, if the vegetation is an area intended toprovide for safe koala movement measures;

(g) landscaping provides food, shelter and movementopportunities for koalas.

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linear infrastructure means infrastructure that is linear,including, for example, a pipeline, road, railway orinfrastructure for electricity distribution or transmission.

8 Assessment benchmarks—development for extractive industry

(1) This section applies to a development application fordevelopment completely or partly in an assessabledevelopment area if the development is for an extractiveindustry.

(2) However, this section does not apply if section 5 applies to thedevelopment application.


(a) the development involves the clearing of koala habitattrees only if the clearing is necessary for—

(i) dredging material from a water bed; or

(ii) extracting material from a pit or quarry; or

(iii) screening, washing, grinding, milling, sizing orseparating material extracted from a pit or quarry;or

(iv) carrying out work that is the natural and ordinaryconsequence of extractive activities;

(b) the development avoids clearing non-juvenile koalahabitat trees in bushland habitat areas, high valuerehabilitation habitat areas and medium valuerehabilitation habitat areas;

(c) if the clearing of non-juvenile koala habitat trees can notbe avoided in an area mentioned in paragraph (b)—



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(d) the development provides, to the greatest extentpracticable, safe koala movement measures that areappropriate for the development and have regard to thehabitat connectivity value of the premises;

(e) the development involves measures to ensure the risk ofdeath or injury to koalas is not increased;

(f) clearing of native vegetation complies with therequirements in part 5;

(g) native vegetation that is cleared is progressively restoredand rehabilitated after extraction activities stop on thepart of the premises that was cleared;

(h) landscaping provides food, shelter and movementopportunities for koalas;

(i) extraction activities are staged in accordance withoperational need.

9 Assessment benchmarks—development in priority koala assessable development area

(1) This section applies to a development application fordevelopment completely or partly in a priority koalaassessable development area.



(b) section 5, 6, 7 or 8 applies to the developmentapplication.


(a) non-juvenile koala habitat trees are not cleared inbushland habitat areas;

(b) the development avoids clearing non-juvenile koalahabitat trees in high value rehabilitation habitat areasand medium value rehabilitation habitat areas;

(c) if the clearing of non-juvenile koala habitat trees can notbe avoided in an area mentioned in paragraph (b)—

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(g) clearing of native vegetation complies with therequirements in part 5;

(h) landscaping provides food, shelter and movementopportunities for koalas.

10 Assessment benchmarks—development in koala assessable development area

(1) This section applies to a development application fordevelopment completely or partly in a koala assessabledevelopment area.



(b) section 5, 6, 7 or 8 applies to the developmentapplication.


(a) the development does not involve clearing non-juvenilekoala habitat trees in a part of a bushland habitat areathat is outside—

(i) the SEQ urban footprint; or

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(ii) an area designated in a local instrument for urbanpurposes;

(b) the development avoids clearing non-juvenile koalahabitat trees in—

(i) a part of a bushland habitat area that is in the SEQurban footprint; or

(ii) a high value rehabilitation habitat area or mediumvale rehabilitation habitat area;

(c) if the clearing of non-juvenile koala habitat trees can notbe avoided in an area, or part of an area, mentioned inparagraph (b)—






(g) clearing of native vegetation complies with therequirements in part 4;

(h) landscaping provides food, shelter and movementopportunities for koalas.

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Part 5 Requirements for native
vegetation clearing

11 Requirements for clearing

(1) For part 4, the clearing of native vegetation on premises mustbe carried out in a way that ensures—

(a) koalas have enough time to move from the area beingcleared without human intervention; and

(b) links between koala habitats are maintained to allowkoalas to move from the area being cleared; and

(c) a tree is not cleared if—

(i) a koala is present in the tree; or

(ii) the crown of the tree overlaps another tree in whicha koala is present; and

(d) a non-juvenile koala habitat tree is only cleared underthe guidance of a koala spotter.

(2) Also, for premises larger than 3ha—

(a) the clearing must be carried out in stages, with eachstage involving the clearing of—

(i) if the total area to be cleared is 6ha or less—nomore than 50% of the area; or

(ii) if the total area to be cleared is larger than 6ha—nomore than 3ha, or 3% of the area, whichever isgreater; and

(b) no clearing may be carried out on the premises betweeneach stage of clearing for at least 1 period starting at6p.m. on a day and ending at 6a.m. the following day.


koala spotter means a person who has demonstratedexperience in locating koalas in koala habitats or conductingfauna surveys.

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Schedule 22


Schedule 22 Particular reconfiguring a lot requiring code assessment

section 31 and schedule 13 [Reconfiguring a lot that is assessabledevelopment], part 2, division 2

1 Application of schedule

(1) This schedule applies to the reconfiguring of a lot if—

(a) the reconfiguration is the subdivision of 1 lot (theoriginal lot) into 2 lots on premises in an industrial zoneor residential zone (other than a park residential zone orrural residential zone); and

(b) the original lot is not a rear lot; and

(c) the size of each lot created is consistent with theminimum lot size for the relevant zone stated in a localinstrument; and

(d) the reconfiguration is consistent with the purposestatement for the relevant zone stated in a localinstrument.

(2) However, this schedule does not apply if—

(a) the premises, or any part of the premises, is included inany of the following areas under a local instrument—

(i) a flood hazard area;

(ii) a bushfire hazard area;

(iii) a landslide hazard area;

(iv) a coastal hazard area; or

(b) an overlay in a local instrument applies to the premises,or any part of the premises.


In this schedule—

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industrial zone means premises, however described,
designated in a local categorising instrument as industrial.

relevant zone means the zone applying to premises under alocal instrument.

3 References to local instrument

In this schedule, a reference to a local instrument is areference to a local instrument applying to the premises.

4 Assessment benchmarks

The following matters are the assessment benchmarks forreconfiguring a lot that this schedule applies to—

(a) the frontage of each created lot complies with theminimum frontage requirements for the relevant zonestated in a local instrument;

(b) the building envelope of each created lot complies withthe building envelope requirements for the relevant zonestated in a local instrument;

(c) the reconfiguration involves the creation of a rear lotonly if the local instrument states that a rear lot isconsistent with the relevant zone;

(d) the number of lots, including rear lots, adjoining eachcreated lot complies with the maximum number ofadjoining lots for the relevant zone stated in a localinstrument;

(e) if the reconfiguration creates a rear lot—

(i) an access strip for the rear lot does not adjoin theaccess strip of more than 1 other rear lot; and

(ii) no more than 2 rear lots are accessed from the headof a single cul-de-sac;

(f) if a local instrument states minimum setback distancesfor the relevant zone—the distance of an existingbuilding or structure from a boundary of a created lot

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complies with the minimum setback distances stated inthe local instrument;

(g) if the reconfiguration is in a residential zone and a localinstrument does not state minimum setback distancesfor the zone—the distance of an existing building orstructure from a boundary of a created lot complies withthe minimum setback distances stated in the QDC, parts1.1 to 1.3;

(h) a new building or structure on the premises will be ableto—

(i) comply with the QDC, part 1.4; and

(ii) be located outside of an existing or plannedinfrastructure easement;

(i) each created lot has access to the existing road networkthrough 1 of the following—

(i) direct road frontage;

(ii) an access strip;

(iii) an access easement, if a local instrument states thatan access easement is consistent with the relevantzone;

(j) access from each created lot to the existing road networkis—

(i) lawful, safe and practical; and

(ii) designed and constructed in accordance withrequirements for the relevant zone stated in a localinstrument, including requirements about width,length or gradient;

(k) if a local instrument does not state a minimum widthrequirement for an access strip or access easement in therelevant zone—an access strip or access easement has aminimum width of—

(i) for reconfiguring a lot in a residential zone—5m;or

(ii) for reconfiguring a lot in an industrial zone—8m;

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(l) if a local instrument does not state a maximum length
requirement for an access strip or access easement in therelevant zone—an access strip or access easement has amaximum length of 50m;

(m) if the premises are in a reticulated water area—eachcreated lot is connected to the reticulated water supplysystem;

(n) if the premises are not in a reticulated water area—eachcreated lot has an alternative potable water supplysource that complies with the minimum storage capacityrequirements for the relevant zone stated in a localinstrument;

(o) if the premises are in an area with a sewerageservice—each created lot is connected to the sewerageservice;

(p) if the premises are not in an area with a sewerageservice—each created lot has an effluent treatment anddisposal system designed and constructed in accordancewith the requirements for the system stated in a localinstrument;

(q) each lot is connected to a supply network andtelecommunication network, if required under a localinstrument;

(r) any other infrastructure necessary to service the lots willbe provided, designed and constructed in accordancewith the requirements for the infrastructure stated in alocal instrument;

(s) the release of sediment from the premises, includingfrom erosion and sediment-laden stormwater runoff—

(i) is minimised during and after construction; and

(ii) complies with the requirements for sedimentrelease stated in a local instrument;

(t) filling and excavation on the premises—

(i) does not cause a vertical change to the naturalground level of more than 1 metre; and

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(ii) does not result in ponding on the premises oradjoining land; and

(iii) complies with the requirements for the work statedin a local instrument.

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Schedule 23 Requirements for cropping
involving forestry for wood production

schedule 7 [Development local categorising instrument may notstate is assessable development], sections 2 and 17

Part 1 Requirements

1 Requirements for material change of use or operational work

(1) This section applies in relation to—

(a) a material change of use of premises for croppinginvolving forestry for wood production; or

(b) operational work that is, or is necessarily associatedwith, harvesting trees for wood production.

(2) A local categorising instrument is prohibited from stating thatthe development is assessable development in a rural zone ifthe development complies with the following requirements—

(a) the development is at a distance of at least the separationdistance mentioned in part 2, table 1, column 2 from astructure or thing mentioned in part 2, table 1, column 1opposite the separation distance;

(b) seedlings within the separation distance mentioned inparagraph (a) are removed if the seedlings are the samespecies as the trees to be harvested;

(c) for land with a slope greater than 10% but less than25%—the development uses only mechanical stripcultivation on the contour, spot cultivation or manualcultivation;

(d) for land with a slope of 25% or more—the developmentuses only spot cultivation or manual cultivation;

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(e) the construction, operation or maintenance of a track orroad for the development does not adversely affect—

(i) a natural drainage feature on the land; or

(ii) land that is subject to erosion or landslide;

(f) a track or road for the development—

(i) is appropriately drained; and

(ii) has a stable surface;

(g) drainage structures for a track or road for thedevelopment are regularly maintained;

(h) drainage water from a track or road for the developmentis directed away from exposed soils, and ontoundisturbed ground or other areas with a stable surface;

(i) if the forest for wood production is less than 40ha—afire break that is at least 7m in width, measured from thebase of the outermost trees to be harvested, isestablished and maintained between the forest and anyinfrastructure or adjoining land;

(j) if the forest for wood production is at least 40ha, but lessthan 100ha—a fire break that is at least 10m in width,measured from the base of the outermost tree to beharvested, is established and maintained between theforest and any infrastructure or adjoining land;

(k) if the forest for wood production is 100ha or more—

(i) a fire break that is at least 20m in width, measuredfrom the base of the outermost tree to be harvested,is established and maintained between the forestand any infrastructure or adjoining land; or

(ii) both of the following things are established andmaintained between the forest and anyinfrastructure or adjoining land—

(A) a fire break that is at least 10m in width,measured from the base of the outermost treeto be harvested;

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(B) a fuel reduction area immediately behind the
fire break that is at least 10m in width;

(l) trees to be harvested in a fuel reduction area mentionedin paragraph (k)(ii)(B) are pruned to a minimum heightof 5m once the trees reach a height of 10m;

(m) fire breaks are kept clear of flammable material with aheight of more than 1m;

(n) fire access tracks and roads with a minimum width of4m are established and maintained;

(o) each part of the forest for wood production is within250m of a fire access track or road.

(3) Despite subsection (2)(a), the following works may be carriedout within the separation distance mentioned in thesubsection—

(a) the construction of roads and tracks for thedevelopment;

(b) maintenance works for the development.

Part 2 Separation distances

Table 1—Separation distances

Column 1Structure or thing

Column 2Separation distance

1 A watercourse shown on the regulated vegetation management map (1:100,000) and classified as stream order 1 to 2 under the Strahler stream order classification system

5m from the defining bank of the watercourse

2 A watercourse shown on the regulated vegetation management map (1:100,000) and classified as stream order 3 to 5 under the Strahler stream order classification system


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3 A watercourse shown on the regulated vegetation management map (1:100,000) and classified as stream order 6 under the Strahler stream order classification system


4 A State-owned protected area or forest reserve under the Nature Conservation Act 1992

10m from the boundary of the protected area or forest reserve

5 Native vegetation 10m from the native vegetation

6 A dwelling 100m from the dwelling, or another distance that achieves compliance with the Building Code and AS 3959-2009 ‘Construction of buildings in bushfire prone areas’

7 A machinery shed A distance that is the greater of the following—

(a) 25m from the machinery shed; or

(b) a distance from the machinery shed that is equal to 1.5 times the maximum height of the trees to be harvested

8 A transmission grid, supply network or above-ground pipeline, that services more than 1 premises and is not the subject of an easement

A distance that is the greater of the following—

(a) 25m from the structure; or

(b) a distance from the structure that is equal to 1.5 times the maximum height of the trees to be harvested

Table 1—Separation distances

Column 1Structure or thing

Column 2Separation distance

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Schedule 24 Requirements for high impact
earthworks in a wetland protection area

schedule 8 [Accepted development], section 10

1 Requirements for high impact earthworks in wetland protection area

(1) Operational work that is high impact earthworks, carried outfor electricity operating works or government supportedtransport infrastructure, in a wetland protection area isaccepted development if—

(a) the operational work is not carried out in a wetland in awetland protection area; or

(b) both of the following apply—

(i) the operational work is not carried out within theboundary of a wetland that has been delineated andmapped in accordance with the QueenslandWetland Definition and Delineation Guidelines by,or on behalf of, the person carrying out thedevelopment;

(ii) before the work starts, the person carrying out thework gives the chief executive of the department inwhich the Environmental Protection Act isadministered a notice stating the work to be carriedout; or

(c) the operational work complies with the criteria stated insection 2; or

(d) the operational work provides for remedial action to becarried out; or

(e) an environmental offset is provided by the personcarrying out the operational work and all of thefollowing apply—

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(i) the environmental offset counterbalances anysignificant adverse impacts of the work;

(ii) the environmental offset is calculated inaccordance with any relevant environmental offsetspolicy under the Environmental Offsets Act 2014;

(iii) before the work starts, the person gives the chiefexecutive of the department in which theEnvironmental Protection Act is administered anotice stating the work to be carried out.


Queensland Wetland Definition and Delineation Guidelinesis the edition, current at the relevant time, of the QueenslandWetland Definition and Delineation Guidelines published bythe department in which the Environmental Protection Act isadministered.

2 Criteria for operational work

(1) For section 1(c), the criteria the operational work mustcomply with are as follows—

(a) the operational work establishes a buffer around allwetlands in the wetland protection area that—

(i) for a wetland in an urban area—has a minimumwidth of 50m; or

(ii) for a wetland not in an urban area—has a minimumwidth of 200m; or

(iii) complies with the minimum width requirementsdetermined necessary by an environmentalevaluation of the wetland;

(b) the operational work complies with 1 or more of thefollowing requirements—

(i) the work results in a net ecological benefit to, andimprovement of, the environmental values and

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functioning of all wetlands in the wetland
protection area;

(ii) the work involves rehabilitation of the existinghydrological regime of all wetlands in the wetlandprotection area;

(iii) the work involves restoring the naturalhydrological regime of all wetlands in the wetlandprotection area;

(iv) the work does not adversely affect the existingsurface water hydrological regime of a wetland inthe wetland protection area;

(v) any adverse impact on the existing surface waterhydrological regime of a wetland in the wetlandprotection area is minimised by—

(A) ensuring there is no change to the referencehigh-flow duration frequency curve, thelow-flow duration frequency curve, thelow-spells frequency curve, and the meanannual flow to and from the wetland; and

(B) ensuring stream flows into the wetlandcomply with the environmental flowobjectives stated in any relevant waterresource plan under the Water Act 2000; and

(C) if the work will result in an increased volumeor velocity of stormwater flows into awetland—collecting and re-using thestormwater;

(c) the operational work returns the water table andhydrostatic pressure in the wetland protection area totheir natural state, or complies with both of thefollowing requirements—

(i) saline water does not enter freshwater aquifers inthe wetland protection area;

(ii) the water table and hydrostatic pressure in thewetland protection area are not lowered or raisedoutside of the bounds of variability existing

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immediately before the operational workcommences;

(d) the operational work—

(i) does not result in a change to the quantity orquality of stormwater entering a wetland in thewetland protection area, if the change causes thestormwater to be inconsistent with any waterquality guidelines and water quality objectivesunder the Environmental Protection (Water) Policy2009; or

(ii) minimises adverse impacts on the wetlandprotection area caused by stormwater entering thearea;

(e) the operational work does not involve clearingvegetation in a wetland in the wetland protection area orin a buffer established under paragraph (a);

(f) the operational work—

(i) is not in a buffer established under paragraph (a);or

(ii) avoids land degradation in the wetland protectionarea by using engineering designs and solutions forthe horizontal and vertical alignment ofinfrastructure; or

(iii) complies with an erosion and sediment controlplan for the wetland protection area;

(g) the operational work—

(i) is not within an existing ecological corridor in thewetland protection area; or

(ii) is not within an ecological corridor that isestablished and maintained in compliance with theWetland Rehabilitation Guidelines for the GreatBarrier Reef Catchment prepared by WetlandCareAustralia for the Commonwealth Government; or

(iii) does not adversely affect the movement of faunathat may use or move through a wetland in the

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wetland protection area as part of the fauna’s
normal life cycle;

(h) the operational work—

(i) provides for the removal of existing non-nativepest species from the wetland protection area; or

(ii) includes pest management practices for existingnon-native pest species in the wetland protectionarea that protect the long-term functioning ofwetlands in the area; or

(iii) does not result in the introduction of non-nativepest species to a wetland in the wetland protectionarea; or

(iv) provides pest dispersal prevention measures thatmanage the threat of non-native pest species towetlands in the wetland protection area, but do notinterfere with the movement of native fauna in thewetland protection area;

(i) the operational work—

(i) does not cause noise, light or visual disturbances tonative fauna in the wetland protection area; or

(ii) complies with a report prepared by a qualifiedecologist, or a person with similar experience, thatassesses the impacts of noise, light and visualdisturbances on native fauna in the wetlandprotection area, and recommends measures formitigating the impacts;

(j) a monitoring plan is prepared and implemented tomonitor the effects of the operational work on theecological and hydrological functioning of the wetlandsin the wetland protection area.


appropriately qualified, for carrying out an environmentalevaluation, means having the technical expertise,qualifications or experience necessary to carry out theevaluation.

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environmental evaluation, of a wetland, means anevaluation—

(a) of the environmental values and functioning of thewetland, including threats to the wetland; and

(b) that is carried out by an appropriately qualified person inaccordance with the Queensland Wetland BufferGuideline published by the department in which theEnvironmental Protection Act is administered.

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Schedule 25 Particular application fees
section 41

Part 1 Assessment manager application fees


1 Assessment manager application fee for relevant aspects of development

(1) The fee (the assessment manager application fee) for adevelopment application for an aspect (the relevant aspect) ofdevelopment mentioned in division 2, column 2, is the feestated in division 2, column 3, opposite the relevant aspect.

(2) However, if the development application is for 2 or morerelevant aspects of development, the assessment managerapplication fee for the application is each fee (each anassessment manager application fee component) payableunder subsection (1) for each relevant aspect of development.

(3) This section is subject to sections 2 to 5.

2 Assessment manager application fee components for particular applications for vegetation clearing

(1) This section applies to a development application if—

(a) the application is for more than 1 relevant aspect ofdevelopment mentioned in division 2, item 4; and

(b) the total of the assessment manager application feecomponents for the relevant aspects would, other thanfor this section, be more than $11,686.

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(2) Despite section 1(2), the total of the assessment managerapplication fee components for the relevant aspects is$11,686.

Example—

For a development application for relevant aspects of developmentmentioned in division 2, item 4(a)(i)(A), (b)(ii) and (c)(iii), the total ofthe assessment manager application fee components for the relevantaspects is $11,686.

(3) This section is subject to sections 4 and 5.

3 Assessment manager application fee components for particular applications for waterway barrier works



(b) the total of the assessment manager application feecomponents for the relevant aspects would, other thanfor this section, be more than $11,686.

(2) Despite section 1(2), the total of the assessment managerapplication fee components for the relevant aspects is$11,686.

Example—

For a development application for relevant aspects of developmentmentioned in division 2, item 13(a), (b) and (c), the total of theassessment manager application fee components for the relevant aspectsis $11,686.


4 Assessment manager application fee for particular applications for fast-track development


(a) the application is for a relevant aspect of developmentthat is fast-track development; and

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(b) the assessment manager application fee for the relevant
aspect would, other than for this section, be more than$730.

(2) Despite sections 1 to 3, the assessment manager applicationfee for the relevant aspect is $730.

(3) This section is subject to section 5.

5 Assessment manager application fee for applications by registered non-profit organisations

(1) This section applies to a development application for arelevant aspect of development if the application is made by aregistered non-profit organisation.

(2) Despite sections 1 to 4, the assessment manager applicationfee for the relevant aspect is 50% of the fee that would, otherthan for this section, have applied for the relevant aspect.

Examples—

1 For a development application made by a registered non-profitorganisation for a relevant aspect of development mentioned indivision 2, item 4(d), the assessment manager application fee forthe relevant aspect, which would, other than for this section, be$11,686, is $5843.

2 For a development application made by a registered non-profitorganisation for a relevant aspect of development mentioned indivision 2, item 4(d) that is fast-track development, the assessmentmanager application fee for the relevant aspect, which would otherthan for this section be $730, is $365.

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Division 2 Fees

Note: This schedule reflects the schedule in the Sustainable PlanningRegulation. It has not yet been updated.

1 2 3

Development to which application relates Application fee$

Brisbane core port land

1 Development mentioned in the Transport Infrastructure Act, section 283ZP(1)—

(a) if the development is consistent with the Brisbane port LUP and requires code assessment

8520.00

(b) if the development is inconsistent with the Brisbane port LUP and requires—

(i) code assessment 13,389.00

(ii) impact assessment 24,343.00

Airport land

2 Development mentioned in schedule 6, table 2, item 2 1460.00


3 Development mentioned in schedule 6, table 3, item 1(a)—

(a) if the environmentally relevant activity involves intensive animal feedlotting, pig keeping or poultry farming

2922.00

(b) otherwise—

(i) if the aggregate environmental score for the environmentally relevant activity is 25 or less

1460.00

(ii) if the aggregate environmental score for the environmentally relevant activity is more than 25, but no more than 74

2922.00

(iii) if the aggregate environmental score for the environmentally relevant activity is more than 74

11,686.00

Vegetation clearing

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4 Operational work mentioned in schedule 6, table 3, item 2(a)—

(a) for high value agriculture clearing or irrigated high value agriculture clearing—

(i) if the total area to be cleared is 30ha or less—

(A) for an area that includes an endangered regionalecosystem or of concern regional ecosystem

5843.00

(B) otherwise 2922.00

(ii) if the total area to be cleared is more than 30ha 11,686.00

(b) for necessary environmental clearing—

(i) if the clearing is necessary to restore the ecological and environmental condition of land

nil

(ii) if the clearing is necessary to divert existing natural channels in a way that replicates the existing form of the natural channels

5843.00

(iii) if the clearing is necessary to prepare for the likelihood of a natural disaster

nil

(iv) if the clearing is necessary to remove contaminants from land

nil

(c) for a purpose other than reconfiguring a lot, a material change of use of premises, high value agriculture clearing, irrigated high value agriculture clearing or necessary environmental clearing, if the clearing is—

(i) of an area of less than 5ha and is for establishing a necessary fence, firebreak, road or vehicular track, or necessary built infrastructure

2922.00

(ii) for fodder harvesting 2922.00

(iii) for thinning 2922.00

(iv) the clearing of encroachment 2922.00

(v) necessary for controlling non-native vegetation or declared pests

nil

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(vi) necessary for ensuring public safety nil

(d) otherwise 11,686.00

Taking or interfering with water

5 Operational work mentioned in schedule 6, table 3, item 3(a)—

(a) if the work involves the taking of water 146.00

(b) if the work involves interfering with water 5843.00

6 Operational work mentioned in schedule 6, table 3, item 3A(a)—

(a) if all of the following apply— 5843.00

(i) the dam is, or is intended to be, more than 20 metres high;

(ii) the dam is, or is intended to be, capable of impounding more than 5000 megalitres;

(iii) an accepted failure impact assessment for the dam states that the population at risk for the dam is more than 20 persons but no more than 100 persons

(b) if an accepted failure impact assessment for the dam states that the population at risk for the dam is more than 100 persons

11,686.00

(c) otherwise 2922.00

Major hazard facilities

7 Material change of use of premises mentioned in schedule 6, table 3, item 4(a)

11,686.00

Quarrying in a watercourse or lake

8 Development mentioned in schedule 6, table 3, item 5(a) 2922.00

Tidal works or work within a coastal management district

9 Operational work mentioned in schedule 6, table 3, item 6(a)(i) or(ii)—

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(a) if any of the following apply— 5843.00

(i) the operational work involves the disposal of dredge spoil or other solid waste material in tidal water;

(ii) the operational work is for the construction of an artificial waterway

(b) for works for coastal management purposes that involve beach nourishment, stinger net enclosures, fencing of coastal dunes or re-vegetation of coastal dunes with endemic native vegetation

nil

(c) for works directly related to the provision of lifesaving or rescue services by a volunteer community organisation

nil

(d) otherwise 2922.00

Development on Queensland heritage place

10 Development mentioned in schedule 6, table 3, item 7(a)—

(a) if the development is a material change of use of premises that would result in the premises consisting of at least 1 dwelling but not more than 4 dwellings

nil

(b) if the development is building work or operational work associated with premises consisting of at least 1 dwelling but not more than 4 dwellings

nil


Aquaculture

11 Material change of use of premises mentioned in schedule 6, table3, item 10(a)—

(a) if the aquaculture— 2922.00

(i) is carried out in a tank, pond or hatchery; and

(ii) is not expected to cause the discharge of waste into Queensland waters

(b) if the aquaculture— 5843.00

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(i) is carried out in a tank, pond or hatchery that covers an area of 100ha or less; and

(ii) is expected to cause the discharge of waste into Queensland waters

(c) if the aquaculture— 11,686.00

(i) is carried out in a tank, pond or hatchery that covers an area of more than 100ha; and

(ii) is expected to cause the discharge of waste into Queensland waters

(d) if the aquaculture— 11,686.00

(i) is carried out on tidal land; and

(ii) involves the addition of feed

(e) if both of the following apply— 2922.00

(i) the aquaculture—

(A) is carried out on tidal land that covers an area of50ha or less; and

(B) does not involve the addition of feed;

(ii) the applicant holds a resource allocation authority for the material change of use

(f) if both of the following apply— 5843.00


(A) is carried out on tidal land that covers an area ofmore than 50ha; and


(ii) the applicant holds a resource allocation authority for the material change of use

(g) otherwise 11,686.00

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Fisheries development other than aquaculture

13 Operational work mentioned in schedule 6, table 3, item11(a)(i)—

(a) for each waterway barrier works the subject of the application, if any of the following apply—

2922.00

(i) the applicant has a valid fish movement exemption notice under the Fisheries Act for the application and the notice still applies;

(ii) the waterway barrier works—

(A) is to be constructed or raised in a low-riskwaterway; and

(B) does not have as its primary purpose theimpounding of water

(b) for each waterway barrier works the subject of the application, if any of the following apply—

5843.00

(i) the waterway barrier works is a bridge to be constructed in a major-risk waterway;


(A) is to be constructed or raised in a moderate orhigh-risk waterway; and


(c) for each waterway barrier works the subject of the application, if any of the following apply—

11,686.00

(i) the primary purpose of the waterway barrier works is to impound water;


(A) is to be constructed or raised in a major-riskwaterway or a tidal waterway not shown in thewaterways spatial data layer; and

(B) is not a bridge

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(d) otherwise, for each waterway barrier works the subject of the application

2922.00

14 Operational work mentioned in schedule 6, table 3, item11(a)(ii)—

(a) if the applicant holds a resource allocation authority for all the operational work

1460.00

(b) otherwise—

(i) for operational work that is expected to cause a permanent loss of capacity of tidal land—

(A) if the operational work is to be carried out in anarea of no more than 500m2

5843.00

(B) otherwise 11,686.00

(ii) for operational work that is not expected to cause a permanent loss of capacity of tidal land—

(A) if the operational work is to be carried out in anarea of no more than 1500m2

5843.00


15 Operational work mentioned in schedule 6, table 3, item11(a)(iii)—

(a) if 1 or more of the following apply— 2823.00

(i) the operational work is the removal, destruction or damage of marine plants covering an area less than 25m2;

(ii) the operational work is to be carried out in an area that is above the level of the highest astronomical tide;

(iii) the operational work is for education or research

(b) if any of the following apply— 5843.00


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(A) is the removal, destruction or damage of marineplants covering an area of at least 25m2, but nomore than 500m2; and

(B) is expected to cause a loss of capacity of tidalland;

(ii) the operational work—

(A) is the removal, destruction or damage of marineplants covering an area of at least 25m2, but nomore than 1500m2; and

(B) is not expected to cause a loss of capacity oftidal land

(c) if any of the following apply— 11,686.00


(A) is the removal, destruction or damage of marineplants covering an area of more than 500m2; and


(ii) the operational work—

(A) is the removal, destruction or damage of marineplants covering an area of more than 1500m2;and


Development in wetland protection area

17 Development mentioned in schedule 6, table 3, item 13(a) 2922.00

Decided by the Minister

18 Development mentioned in schedule 6, table 5, item 1 nil

1 2 3


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Schedule 25


Part 2 Referral agency application fees


6 Referral agency application fee applies for relevant aspects of development

(1) The fee (the referral agency application fee) for adevelopment application for an aspect (the relevant aspect) ofdevelopment mentioned in division 2, column 2, is the feestated in division 2, column 3, opposite the relevant aspect.

(2) However, if the development application is for 2 or morerelevant aspects of development, the referral agencyapplication fee for the application is each fee (each a referralagency application fee component) payable under subsection(1) for each relevant aspect of development.

(3) This section is subject to sections 7 to 11.

7 Referral agency application fee for particular building work

(1) This section applies to a development application if a relevantaspect of development the subject of the application isbuilding work that the QDC, part 1.4 applies to and thework—

(a) relates to a sewer, water main or stormwater drain; and

(b) either—

(i) does not comply with an acceptable solution for arelevant performance criteria stated in the part; or

(ii) is for a class of building or structure for which thepart does not state an acceptable solution.

(2) Despite section 6, the referral agency application fee for therelevant aspect is an amount—

(a) the referral agency considers to be reasonable; and

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(b) that is not more than the reasonable cost of the referral
agency performing its functions under the Act for therelevant aspect.

8 Referral agency application fee components for particular applications for clearing vegetation



(b) the total of the referral agency application feecomponents for the relevant aspects would, other thanfor this section, be more than $11,686.

(2) Despite section 6(2), the total of the referral agencyapplication fee components for the relevant aspects is$11,686.

Example—

For a development application for relevant aspects of developmentmentioned in division 2, item 19(a)(i)(A), (b)(i) and (c)(iii), the total ofthe referral agency application fee components for the relevant aspectsis $11,686.


9 Referral agency application fee components for particular applications for waterway barrier works



(b) the total of the referral agency application feecomponents for the relevant aspects would, other thanfor this section, be more than $11,686.

(2) Despite section 6(2), the total of the referral agencyapplication fee components for the relevant aspects is$11,686.

Example—

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Schedule 25


For a development application for relevant aspects of developmentmentioned in division 2, item 33(a), (b) and (c), the total of the referralagency application fee components for the relevant aspects is $11,686.


10 Referral agency application fee for particular applications for fast-track development


(a) the application is for a relevant aspect of developmentthat is fast-track development; and

(b) the referral agency application fee for the relevant aspectwould, other than for this section, be more than $730.

(2) Despite sections 6, 8 and 9, the referral agency application feefor the relevant aspect is $730.

(3) This section is subject to section 11.

11 Referral agency application fee for applications by registered non-profit organisations

(1) This section applies to a development application for arelevant aspect of development if the application is made by aregistered non-profit organisation.

(2) However, this section does not apply to a developmentapplication to the extent the application is for a relevant aspectof development mentioned in section 7(1).

(3) Despite sections 6 and 8 to 10, the referral agency applicationfee for the relevant aspect is 50% of the fee that would, otherthan for this section, have applied for the relevant aspect.

Examples—

1 For a development application made by a registered non-profitorganisation for a relevant aspect of development mentioned indivision 2, item 19(d), the referral agency application fee for therelevant aspect, which would other than for this section be $11,686,is $5843.

2 For a development application made by a registered non-profitorganisation for a relevant aspect of development mentioned indivision 2, item 19(d) that is fast-track development, the referral

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agency application fee for the relevant aspect, which would other
than for this section be $730, is $365.

Division 2 Fees

Note: This table reflects the table in the Sustainable Planning Regulation.It has not been updated.

1 2 3


State-controlled road

1 Building work for which a referral agency is stated in schedule 7, table 1, item 8

2922.00

2 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 2—

(a) if the reconfiguration results in 50 lots or less 1460.00

(b) if the reconfiguration results in more than 50 lots, but no more than 200 lots

2922.00


3 Operational work for which a referral agency is stated in schedule 7, table 2, item 3

2922.00

4 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 1—

(a) if the material change of use does not involve the construction or extension of a relevant vehicular access to a State-controlled road—

(i) for premises that are to consist of at least 1 dwelling but not more than 4 dwellings

730.00

(ii) otherwise 1460.00

(b) if the material change of use involves the construction or extension of a relevant vehicular access to a State-controlled road—

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Schedule 25


(i) for premises that are to consist of at least 1 dwelling but not more than 4 dwellings

1460.00


5 Operational work for which a referral agency is stated in schedule 7, table 3, item 1A

2922.00

Coastal management districts

6 Building work for which a referral agency is stated in schedule 7, table 1, item 11

2922.00

7 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 5

2922.00

Queensland heritage place

8 Building work for which a referral agency is stated in schedule 7, table 1, item 12—

(a) if the building work is associated with premises containing at least 1 dwelling but not more than 4 dwellings

nil

(b) otherwise 2922.00

9 Development for which a referral agency is stated in schedule 7, table 2, item 19—

(a) if the development is a material change of use of premises that would result in the premises containing at least 1 dwelling but not more than 4 dwellings

nil

(b) if the development is building work or operational work associated with premises containing at least 1 dwelling but not more than 4 dwellings

nil


Public passenger transport

10 Building work for which a referral agency is stated in schedule 7,table 1, item 14

2922.00

1 2 3


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11 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 33

1460.00


(a) if the development relates to the construction of at least 1 dwelling but not more than 4 dwellings

730.00

(b) if any part of the premises is within 25m of— 2922.00

(i) 2 or more public passenger transport corridors; or

(ii) 2 or more future public passenger transport corridors; or

(iii) 1 or more public passenger transport corridors and 1 or more future public passenger transport corridors


Railways

13 Building work for which a referral agency is stated in schedule 7,table 1, item 16

2922.00


2922.00

15 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 15A—

(a) if the premises will contain at least 1 dwelling but not more than 4 dwellings

730.00


16 Operational work for which a referral agency is stated in schedule 7, table 3, item 15B

2922.00


17 Material change of use of premises mentioned in schedule 7, table2, item 1 for which the chief executive is a referral agency—

1 2 3


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Schedule 25


(a) if the environmentally relevant activity involves intensive animal feedlotting, pig keeping or poultry farming

2922.00

(b) otherwise—

(i) if the aggregate environmental score for the environmentally relevant activity is 25 or less

1460.00

(ii) if the aggregate environmental score for the environmentally relevant activity is more than 25, but no more than 74

2922.00

(iii) if the aggregate environmental score for the environmentally relevant activity is more than 74

11,686.00

Clearing native vegetation


5843.00

19 Operational work for which a referral agency is stated in schedule7, table 2, item 5, if the operational work is—

(a) for high value agriculture clearing or irrigated high value agriculture clearing—

(i) if the total area to be cleared is 30ha or less—

(A) for an area that includes an endangered regionalecosystem or of concern regional ecosystem

5843.00

(B) otherwise 2922.00

(ii) if the total area to be cleared is more than 30ha 11,686.00

(b) for necessary environmental clearing—

(i) if the clearing is necessary to restore the ecological and environmental condition of land

5843.00

(ii) if the clearing is necessary to divert existing natural channels in a way that replicates the existing form of the natural channels

nil

(iii) if the clearing is necessary to prepare for the likelihood of a natural disaster

nil

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(iv) if the clearing is necessary to remove contaminants from land

nil

(c) for a purpose other than reconfiguring a lot, a material change of use of premises, high value agriculture clearing, irrigated high value agriculture clearing or necessary environmental clearing, if the clearing is—

(i) of an area of less than 5ha, and is for establishing a necessary fence, firebreak, road or vehicular track, or necessary built infrastructure

2922.00

(ii) for fodder harvesting 2922.00

(iii) for thinning 2922.00

(iv) the clearing of encroachment 2922.00

(v) necessary for controlling non-native vegetation or declared pests

nil

(vi) necessary for ensuring public safety nil

(d) otherwise 11,686.00


5843.00

Major hazard facilities

21 Material change of use of premises for which a referral agency isstated in schedule 7, table 2, item 8—

(a) for an existing major hazard facility nil

(b) for a proposed major hazard facility—

(i) if the facility will be a tier 3 major hazard facility, as defined under the Work Health and Safety Regulation 2011, schedule 19

5843.00


Taking or interfering with water

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Schedule 25


22 Operational work for which a referral agency is stated in schedule7, table 2, item 9—

(a) if the work is for the taking of water 146.00

(b) if the work is for interfering with water 5843.00

Particular dams


(a) if all of the following apply— 5843.00

(i) the dam is, or is intended to be, more than 20 metreshigh;

(ii) the dam is, or is intended to be, capable ofimpounding more than 5000 megalitres;

(iii) an accepted failure impact assessment for the damstates that the population at risk for the dam is morethan 20 persons but no more than 100 persons

(b) if an accepted failure impact assessment for the dam states that the population at risk for the dam is more than 100 persons

11,686.00


Removal of quarry material

25 Development for which a referral agency is stated in schedule 7,table 2, item 12

2922.00

Tidal works, or development in a coastal management district


(a) if any of the following apply— 5843.00

(i) the operational work involves the disposal of dredgespoil or other solid waste material in tidal water;

(ii) the operational work is for the construction of anartificial waterway

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(b) if the operational work is for coastal management purposes that involve beach nourishment, stinger net enclosures, fencing of coastal dunes or re-vegetation of coastal dunes with endemic native vegetation

nil

(c) if the operational work is directly related to the provision of lifesaving or rescue services by a volunteer community organisation

nil

(d) if the operational work is tidal works for a private purpose 730.00

(e) otherwise 2922.00

27 Reconfiguring a lot for which a referral agency is stated inschedule 7, table 2, item 14—

(a) if the reconfiguration relates to the construction of an artificial waterway

11,686.00

(b) if the lot— 11,686.00

(i) is more than 2ha; and

(ii) is to be reconfigured to create 10 or more lots



(a) if the works are for a private purpose 1460.00

(b) otherwise 11,686.00

Premises contaminated because of unexploded ordnance

29 Development for which a referral agency is stated in schedule 7, table 2, item 22 or schedule 7, table 3, item 11

nil

Works or other development in a fish habitat area

30 Building work for which a referral agency is stated in schedule 7, table 2, item 25—

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Schedule 25


(a) if the applicant holds a resource allocation authority for all the development

1460.00

(b) otherwise—

(i) for development that is expected to cause a permanentloss of capacity of tidal land—

(A) if the development is to be carried out in an areaof no more than 500m2

5843.00


(ii) for development that is not expected to cause apermanent loss of capacity of tidal land—


5843.00


31 Operational work for which a referral agency is stated in schedule 7, table 2, item 26—

(a) if the applicant holds a resource allocation authority for all the development

1460.00

(b) otherwise—

(i) for development that is expected to cause a permanentloss of capacity of tidal land—


5843.00


(ii) for development that is not expected to cause apermanent loss of capacity of tidal land—


5843.00


Certain aquaculture

1 2 3


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(a) if the aquaculture— 2922.00

(i) is carried out in a tank, pond or hatchery; and

(ii) is not expected to cause the discharge of waste intoQueensland waters

(b) if the aquaculture— 5843.00

(i) is carried out in a tank, pond or hatchery that coversan area of 100ha or less; and

(ii) is expected to cause the discharge of waste intoQueensland waters

(c) if the aquaculture— 11,686.00

(i) is carried out in a tank, pond or hatchery that coversan area of more than 100ha; and

(ii) is expected to cause the discharge of waste intoQueensland waters

(d) if the aquaculture— 11,686.00

(i) is carried out on tidal land; and

(ii) involves the addition of feed

(e) if both of the following apply— 2922.00


(A) is carried out on tidal land that covers an area of50ha or less; and


(ii) the applicant holds a resource allocation authority forthe material change of use

(f) if both of the following apply— 5843.00

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Schedule 25



(A) is carried out on tidal land that covers an area ofmore than 50ha; and


(ii) the applicant holds a resource allocation authority forthe material change of use

(g) otherwise 11,686.00

Constructing or raising waterway barrier works


(a) for each waterway barrier works the subject of the application, if any of the following apply—

2922.00

(i) the applicant has a valid fish movement exemptionnotice under the Fisheries Act for the application andthe notice still applies;


(A) is to be constructed or raised in a low-riskwaterway; and


(b) for each waterway barrier works the subject of the application, if any of the following apply—

5843.00

(i) the waterway barrier works is a bridge to beconstructed in a major-risk waterway;


(A) is to be constructed or raised in a moderate orhigh-risk waterway; and


(c) for each waterway barrier works the subject of the application, if any of the following apply—

11,686.00

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(i) the primary purpose of the waterway barrier works isto impound water;


(A) is to be constructed or raised in a major-riskwaterway or a tidal waterway not shown in thewaterways spatial data layer; and

(B) is not a bridge

(d) otherwise, for each waterway barrier works the subject of the application

2922.00

Removal, destruction or damage of marine plants



(i) the work is, or involves, the removal, destruction ordamage of marine plants covering an area of less than25m2;

(ii) the work is to be carried out in an area that is abovethe level of the highest astronomical tide;

(iii) the work is for education or research


(i) the work—

(A) is, or involves, the removal, destruction ordamage of marine plants covering an area of atleast 25m2, but no more than 500m2; and


(ii) the work—

(A) is, or involves, the removal, destruction ordamage of marine plants covering an area of atleast 25m2, but no more than 1500m2; and

1 2 3


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Schedule 25




(i) the work—

(A) is, or involves, the removal, destruction ordamage of marine plants covering an area ofmore than 500m2; and


(ii) the work—

(A) is, or involves, the removal, destruction ordamage of marine plants covering an area ofmore than 1500m2; and


35 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 31—


(i) the reconfiguration involves the removal, destructionor damage of marine plants covering an area of lessthan 25m2;

(ii) the reconfiguration is to be carried out in an area thatis above the level of the highest astronomical tide;

(iii) the reconfiguration is for education or research


(i) the reconfiguration—

(A) involves the removal, destruction or damage ofmarine plants covering an area of at least 25m2,but no more than 500m2; and

1 2 3


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(ii) the reconfiguration—




(i) the reconfiguration—

(A) involves the removal, destruction or damage ofmarine plants covering an area of more than500m2; and


(ii) the reconfiguration—





(i) the use involves the removal, destruction or damage ofmarine plants covering an area of less than 25m2;

(ii) the use is to be carried out in an area that is above thelevel of the highest astronomical tide;

(iii) the use is for education or research


1 2 3


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Schedule 25


(i) the use—

(A) involves, the removal, destruction or damage ofmarine plants covering an area of at least 25m2,but no more than 500m2; and


(ii) the use—




(i) the use—



(ii) the use—





(i) the use involves the removal, destruction or damage ofmarine plants covering an area of less than 25m2;

1 2 3


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(ii) the use is to be carried out in an area that is above thelevel of the highest astronomical tide;

(iii) the use is for education or research


(i) the use—



(ii) the use—




(i) the use—



(ii) the use—



State-controlled transport tunnels

1 2 3


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Schedule 25


38 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 34A

5843.00

39 Development for which a referral agency is stated in schedule 7, table 3, item 15C

5843.00

Regional plans


1460.00


1460.00

Premises in or near a wetland

44 Reconfiguring a lot for which a referral agency is stated in schedule 7, table 2, item 43A

2922.00

45 Operational work for which a referral agency is stated in schedule 7, table 2, item 43B

2922.00

46 Material change of use of premises for which a referral agency is stated in schedule 7, table 3, item 21A

2922.00

Construction of new levees or modification of existing levees

47 Operational work for which a referral agency is stated in schedule 7, table 2, item 48

11,686.00

Development impacting on State transport infrastructure


(a) if the development is in LGA population 2 2922.00


Premises designated for community infrastructure

49 Development for which a referral agency is stated in schedule 7, table 3, item 6

2922.00

1 2 3


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Part 3 Other fees

12 Fees for change applications and extension applications

(1) This part applies to the following applications—

(a) a change application made to the chief executive as theresponsible entity;

(b) an extension application made to the chief executive asthe assessment manager.

(2) The fee for the application is the fee mentioned in division 2,column 2, opposite the application.

Division 2 Fees

1 2 3

Type of application Application fee$

1 Change application—

(a) if the development approval that the application relates to was given for a development application mentioned in section 5(1) or 11(1)

730.00


2 Extension application—

(a) if the development approval that the application relates to was given for a development application mentioned in section 5(1) or 11(1)

365.00


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Schedule 26


Schedule 26 Maximum for adopted charges

section 48

Table 1—Maximum for adopted charges

Column 1Use

Column 2Maximum for adopted charge

Residential uses1 Dwelling house2 Dual occupancy 3 Caretaker’s accommodation4 Multiple dwelling

1 $20,000 for each dwelling with 2 or less bedrooms

2 $28,000 for each dwelling with 3 or more bedrooms

Accommodation (short-term)1 Tourist park 1 If the tourist park has tent or

caravan sites—(a) $10,000 for each group of 2

sites or less(b) $14,000 for each group of 3

sites2 If the tourist park has cabins—

(a) $10,000 for each cabin with 2 bedrooms or less

(b) $14,000 for each cabin with 3 or more bedrooms

2 Hotel3 Short-term accommodation

1 $10,000 for each suite with 2 or less bedrooms

2 $14,000 for each suite with 3 or more bedrooms

3 $10,000 for each bedroom that is not part of a suite

Accommodation (long-term)1 Relocatable home park 1 $20,000 for each relocatable

dwelling site for 2 or less bedrooms2 $28,000 for each relocatable

dwelling site for 3 or more bedrooms

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2 Community residence3 Retirement facility4 Rooming accommodation

1 $20,000 for each suite with 2 or less bedrooms

2 $28,000 for each suite with 3 or more bedrooms

3 $20,000 for each bedroom that is not part of a suite

Places of assembly1 Club2 Community use3 Function facility4 Funeral parlour5 Place of worship

1 $70 for each square metre of gross floor area

2 $10 for each square metre impervious to stormwater

Commercial (bulk goods)1 Agricultural supplies store2 Bulk landscape supplies3 Garden centre4 Hardware and trade supplies5 Outdoor sales6 Showroom



Commercial (retail)1 Food and drink outlet2 Service industry3 Service station4 Shop5 Shopping centre



Commercial (office)1 Office2 Sales office



Educational facility1 Child care centre2 Community care centre3 Educational establishment



Entertainment


Column 1Use


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Schedule 26


1 Hotel2 Nightclub entertainment facility3 Theatre

1 $200 for each square metre of gross floor area, other than areas for providing accommodation


Indoor sport and recreation1 Indoor sport and recreation 1 $200 for each square metre of gross

floor area, other than court areas2 $20 for each square metre of gross

floor area that is a court area3 $10 for each square metre

impervious to stormwater

Industry1 Low impact industry2 Medium impact industry3 Research and technology industry4 Rural industry5 Warehouse6 Marine industry



7 High impact industry8 Special industry



High impact rural1 Cultivating, in a confined area, aquatic

animals or plants for sale2 Intensive animal industry3 Intensive horticulture4 Wholesale nursery5 Winery


Essential services1 Correctional facility2 Emergency services3 Health care service4 Hospital5 Residential care facility6 Veterinary service




Column 1Use


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Other uses1 Air service2 Animal keeping3 Car park4 Crematorium 5 Extractive industry6 Major sport, recreation and

entertainment facility7 Motor sport facility8 Non-resident workforce

accommodation9 Outdoor sport and recreation10 Port service11 Tourist attraction12 Utility installation13 Any other use not listed in column 1,

including a use that is unknown, other than a use mentioned in section 48(3)

The maximum for an adopted charge for a use listed in column 1, other than in this row, and decided by the local government or distributor-retailer


Column 1Use


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Schedule 27


Schedule 27 Tribunal fees

section 52

$

1 Declaration under the Act, chapter 6, part 2, division 2 . . 243.902 Appeal about a development application, change

application or extension application involving a materialchange of use for a classified building—(a) if the appeal is to be decided by a tribunal without a

site inspection by the tribunal or a member of thetribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 359.20

(b) if the appeal is to be decided by a tribunal after a siteinspection by the tribunal or a member of thetribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 597.55

3 Appeal about a development condition mentioned in theAct, schedule 1, section 1(2)(d)—(a) if the appeal is to be decided by a tribunal without a



4 Appeal about a development application, changeapplication or extension application involving buildingwork under the Building Act relating to a class 1 buildingor class 10 building or structure—(a) if the appeal is to be decided by a tribunal without a



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5 Appeal about a decision under the Building Act, or thePlumbing and Drainage Act, part 4 or 5, for which aninformation notice is required to be given, if the decisionrelates to a class 1 building or class 10 building orstructure—(a) if the appeal is to be decided by a tribunal without a



6 Appeal about a decision under the Building Act about theinspection of building work, if the decision relates to aclass 1 building or class 10 building or structure—(a) if the appeal is to be decided by a tribunal without a



7 Appeal about an enforcement notice given in relation to amatter relating to the Building Act or the Plumbing andDrainage Act, if the notice relates to a class 1 building orclass 10 building or structure—(a) if the appeal is to be decided by a tribunal without a



8 Appeal about a development application, changeapplication or extension application involving buildingwork under the Building Act relating to a class 2, 3, 4, 5,6, 7, 8 or 9 building with a floor area of 500m2 or less—

$

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Schedule 27


(a) if the appeal is to be decided by a tribunal without asite inspection by the tribunal or a member of thetribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 523.30


9 Appeal about a decision under the Building Act, or thePlumbing and Drainage Act, part 4 or 5, for which aninformation notice is required to be given, if the decisionrelates to a class 2, 3, 4, 5, 6, 7, 8 or 9 building with afloor area of 500m2 or less—(a) if the appeal is to be decided by a tribunal without a



10 Appeal about a decision under the Building Act about theinspection of building work, if the decision relates to aclass 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area of500m2 or less—(a) if the appeal is to be decided by a tribunal without a



11 Appeal about an enforcement notice given in relation to amatter relating to the Building Act or the Plumbing andDrainage Act, if the notice relates to a class 2, 3, 4, 5, 6,7, 8 or 9 building with a floor area of 500m2 or less—(a) if the appeal is to be decided by a tribunal without a

site inspection by the tribunal or a member of thetribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .523.30

$

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(b) if the appeal is to be decided by a tribunal after a siteinspection by the tribunal or a member of thetribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .755.00

12 Appeal about a development application, changeapplication or extension application involving buildingwork under the Building Act relating to a class 2, 3, 4, 5,6, 7, 8 or 9 building with a floor area more than 500m2—(a) if the appeal is to be decided by a tribunal without a

site inspection by the tribunal or a member of thetribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .755.00


13 Appeal about a decision under the Building Act, or thePlumbing and Drainage Act, part 4 or 5, for which aninformation notice is required to be given, if the decisionrelates to a class 2, 3, 4, 5, 6, 7, 8 or 9 building with afloor area more than 500m2—(a) if the appeal is to be decided by a tribunal without a



14 Appeal about a decision under the Building Act about theinspection of building work, if the decision relates to aclass 2, 3, 4, 5, 6, 7, 8 or 9 building with a floor area morethan 500m2—(a) if the appeal is to be decided by a tribunal without a



$

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15 Appeal about an enforcement notice given in relation to amatter relating to the Building Act or the Plumbing andDrainage Act, if the notice relates to a class 2, 3, 4, 5, 6,7, 8 or 9 building with a floor area more than 500m2—(a) if the appeal is to be decided by a tribunal without a



16 Appeal about an infrastructure charges notice or conversion application(a) if the appeal is to be decided by a tribunal without a



17 Appeal under the SEQ Water Act, section 99BRBE—(a) if the appeal is to be decided by a tribunal without a



18 Appeal under the SEQ Water Act, section 99BRBF—(a) for an appeal about a review decision relating to a

decision to give an infrastructure charges notice—(i) if the appeal is to be decided by a tribunal

without a site inspection by the tribunal or amember of the tribunal . . . . . . . . . . . . . . . . . . . 629.70

(ii) if the appeal is to be decided by a tribunal aftera site inspection by the tribunal or a member ofthe tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 868.10

(b) otherwise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629.7019 Appeal under the SEQ Water Act, section 99BRBFA—

$

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(a) if the appeal is to be decided by a tribunal without asite inspection by the tribunal or a member of thetribunal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 629.70


$

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Schedule 28


Schedule 28 Approving plans of subdivision

section 64

1 Request for approval of plan of subdivision

(1) A person may, by notice, ask a local government to approve aplan of subdivision for the reconfiguring of a lot.

(2) If the request under subsection (1) relates to reconfiguring alot authorised under a development permit, the request may bemade only if the development permit is in effect.

(3) Subsection (4) applies if a condition of a development permitrequires the plan of subdivision for the reconfiguration to begiven to the local government.

(4) The request must be made—

(a) if the development permit states a date by which therequest must be made—on or before the stated date; or

(b) otherwise—within 2 years after the development permitwas given.

2 Assessing request

(1) If a request under section 1 relates to a plan of subdivision forreconfiguring a lot authorised under a development permit, ora plan of subdivision required under a condition of adevelopment permit, the request must be assessed against—

(a) all of the following—

(i) the conditions of the development permit about thereconfiguration have been complied with;

(ii) for a reconfiguration requiring operationalworks—the conditions of the development permitabout the operational works have been compliedwith;

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(iii) there are no outstanding rates or charges levied by
the local government or expenses that are a chargeover the land under any Act;

(iv) the plan has been prepared in accordance with thedevelopment permit;

(v) the conditions of a water approval under the SEQWater Act have been complied with;

(vi) there are no outstanding fees or charges levied by adistributor-retailer under the SEQ Water Act; or

(b) both of the following—

(i) satisfactory security has been given to the localgovernment to ensure compliance with paragraph(a)(i) to (iii);

(ii) the plan has been prepared in accordance with thedevelopment permit.

(2) If a request under section 1 relates to a plan of subdivision forreconfiguring a lot that is not assessable development, therequest must be assessed against the following—

(a) the plan is consistent with any development permitrelevant to the premises;

(b) there are no outstanding rates or charges levied by thelocal government or expenses that are a charge over theland under any Act;

(c) the conditions of a water approval under the SEQ WaterAct have been complied with;

(d) there are no outstanding fees or charges levied by adistributor-retailer under the SEQ Water Act.

3 Deciding request

(1) Within 20 business days after the local government receives arequest under section 1, the local government must—

(a) approve the request, with or without conditions; or

(b) refuse the request.

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(2) The local government must give the person making therequest notice of the decision.

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Schedule 29 Special fire services and
matters for referral agency assessment

schedule 10 [Building work that is assessable development], part 2[Building work under Building Act], division 3, table 16 [Fire safety

systems generally]

Part 1 Special fire services

1 air-handling systems used for smoke control

2 emergency lifts

3 emergency sound systems and intercom systems

4 fire control centres

5 fire detection and alarm systems, other than the following—

(a) stand-alone smoke alarms not required to beinterconnected or connected to a fire indicator panel;

(b) smoke alarms in a class 1 building that are required to beinterconnected;

(c) smoke alarms in a sole-occupancy unit in a class 2, 3 or4 building that are required to be interconnected

6 fire hydrants

7 fire mains (other than fire mains that connect only fire hosereels)

8 services provided under conditions imposed under theBuilding Act, section 79

9 services required under the Building Code, clause E1.10

10 smoke and heat venting systems

11 smoke exhaust systems

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12 special automatic fire suppression systems (including foam,deluge and gas flooding systems)

13 sprinklers (including wall-wetting sprinklers)

14 stairwell pressurisation systems

15 vehicular access for large isolated buildings

Part 2 Matters referral agency’s assessment must be against

Smoke control systems

• achievement of specified performance of systems

• suitability of automatic detector operation of stairwellpressurisation systems, smoke-and-heat vents and smokeexhaust systems

• suitability of operational controls and indicators

Emergency lifts

• operation of fire service controls in lifts

Emergency sound systems and intercom systems

• achievement of specified performance of sound systems andintercom systems

• operation of interface of sound systems and intercom systems

• location of main emergency control panel and wardenintercom points

• suitability of warning tone and sound pressure levels undertest

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Fire control centres
• location of control centre

• suitability of contents, ventilation, signage, lighting and soundlevels of control centre

Fire detection and alarm systems (other than stand-alone smokealarms not required to be interconnected or connected to a fireindicator panel)

• achievement of specified performance of detection and alarmsystems

• location and operation of main fire indicator panel,sub-indicator panels, mimic panels, repeater panels, strobelights and directional signs

• operation of direct fire service alarm

• suitability of nominated types of detection in all areas, and thelocation of manual call points

• suitability of weather protection, accessibility and lighting ofequipment

• if the sensitivity of a fire detection or alarm system can bechanged—suitability of the sensitivity setting having regard tothe location of the system and the Australian Standard for thatsystem

Firefighting equipment

• achievement of specified performance

• location and suitability of booster connections and enclosures

• location and suitability of internal and roof hydrants andexternal hydrants including fire separation from adjacentbuildings

• operation of fixed pump-set controls and status indication

• provision of additional hydrant services as mentioned in AS2419

• provision of suitable facilities for testing internal hydrants

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• provisions for connection of fire authority portable relaybooster pump

• provisions for hard standing for fire appliances

Hazardous buildings

• suitability of special fire services and site requirements forhazardous buildings mentioned in the Building Act, section 79

Provision for special hazards

• suitability of special fire services for the protection of specialhazards as mentioned in the Building Code, clause E1.10

Special automatic fire suppression systems

• achievement of specified performance

• location of control valves

• provision of access for fire service vehicles

• provision of interface with other systems and direct fireservice alarm

• suitability of extinguishment media

Sprinklers

• operation of direct fire service alarm and location ofdirectional signs

• operation of pump-set controls and status indications

• provision of suitable fire protection for special hazards asmentioned in AS 2118

• the location of valve room, pump-sets, water alarm andbooster point

Wall-wetting sprinklers

• location of isolating valves

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• provision of suitable signs
Large isolated buildings

• suitability of site provisions for access by fire authorityvehicles

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Schedule 30


Schedule 30 Development impacting on State transport infrastructure and thresholds

schedule 16 [Referral agency assessment for assessabledevelopment under local categorising instrument], part 5, table 1

[Development impacting on State transport infrastructure]

Column 1Purpose

Column 2Thresholdfor LGApopulation 1


Material change of use of premises made assessable under a local categorising instrument

1 Accommodation activity, other than a residential care facility

200 schedule 30 dwellings, whether of the same type or 2 or more types, or premises designed to accommodate 300 people

50 schedule 30 dwellings, whether of the same type or 2 or more types, or premises designed to accommodate 75 people

2 Club3 Hotel4 Function facility5 Theatre

8000m2 gross floor area or seating capacity for 1500 people

4000m2 gross floor area or seating capacity for 1500 people

6 Shop7 Showroom8 Shopping centre (including

theatres, food and drink outlets and offices)

9 Hardware and trade supplies

8000m2 gross floor area


10 Office 12,000m2 gross floor area


11 Hospital12 Residential care facility

100 beds 50 beds

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13 Educational establishment that is 1, or a combination, of the following—(a) a primary school;(b) a secondary school;(c) a college;(d) a university;(e) a technical institute

All new establishments and extensions to existing establishments likely to accommodate an additional 100 students

All new establishments and extensions to existing establishments likely to accommodate an additional 100 students

14 Tourist attraction15 Major sport, recreation and

entertainment facility

5000m2 TSAor, if totally indoor,8000m2 gross floor area

5000m2 TSAor, if totally indoor,4000m2 gross floor area

16 Extractive industry17 High impact industry (other than

an abattoir)18 Special industry

Using machinery having an annual throughput of product of 10,000t

Using machinery having an annual throughput of product of 10,000t

19 Intensive animal industry20 High impact industry that is an

abattoir

Total facility capacity of—(a) for

cattle—2000 head; or

(b) for pigs—3000 head; or

(c) for sheep— 10,000 head; or

(d) for poultry— 200,000 birds

Total facility capacity of—(a) for

cattle—2000 head; or

(b) for pigs—3000 head; or

(c) for sheep— 10,000 head; or

(d) for poultry— 200,000 birds

21 One, or a combination, of the following—(a) warehouse;(b) medium impact industry;(c) low impact industry

16,000m2 gross floor area (combined total)

8000m2 gross floor area (combined total)

22 Car park (including heavy vehicle parking)

5000m2 TSA 5000m2 TSA

23 Airport, bus or ferry terminal All All

Reconfiguring a lot24 Accommodation activity 200 schedule 30

dwellings, whether of the same type or 2 or more types

50 schedule 30 dwellings, whether of the same type or 2 or more types

25 Business activity 12,000m2 TSA (combined total)

3000m2 TSA (combined total)

Column 1Purpose



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26 Industry activity 32,000m2 TSA (combined total)

16,000m2 TSA (combined total)

Operational works27 Filling or excavation not

associated with a material change of use of premises or reconfiguring a lot

10,000t 10,000t

Column 1Purpose



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Schedule 31 Clearing of native vegetation
that is not assessable development

schedule 12 [Operational work that is assessable development],section 1 [Assessable development [sch 3, part 1, table 4, item 1]

Part 1 Clearing and other activities or matters—general

1 Clearing and other activities or matters for premises generally

(1) Clearing vegetation under a development approval for amaterial change of use of premises or reconfiguring a lot if—

(a) the approval is given for a development application forwhich the chief executive is a referral agency in relationto vegetation clearing; or

(b) the approval relates to premises less than 5ha and isgiven for a development application for which a localgovernment is the assessment manager.

(2) Clearing an area of vegetation within a watercourse or lake foran activity, other than an activity relating to a material changeof use of premises or the reconfiguring of a lot, if—

(a) the clearing is—

(i) subject to an approval process and is approvedunder the Act or another Act; or

(ii) a necessary and unavoidable consequence of anactivity permitted by a permit given under theWater Act 2000, section 269; or

(iii) a necessary and unavoidable consequence of anactivity carried out under the document called

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‘Riverine Protection Permit ExemptionRequirements’ approved by the chief executive ofthe department in which the Water Act 2000 isadministered and published on that department’swebsite; and

(b) either—

(i) the clearing is under an accepted developmentvegetation clearing code other than if thevegetation is in an area shown on the regulatedvegetation management map or a PMAV as acategory A area; or

(ii) the area is less than 0.5ha of a least concernregional ecosystem shown on the regulatedvegetation management map or PMAV as acategory B area; or

(iii) the area is less than 0.5ha shown on the regulatedvegetation management map or PMAV as acategory C, R or X area.

(3) Clearing vegetation in an area declared under the VegetationManagement Act, section 19F if the clearing is carried out—

(a) under the management plan for the area; and

(b) for any of the following purposes—

(i) a purpose mentioned in the VegetationManagement Act, section 22A(2)(b), (c), (f), (g),(h) or (j);

(ii) the purpose of establishing a necessary fence,firebreak, road or vehicular track and the clearingcan not reasonably be avoided or minimised.

(4) Clearing vegetation—

(a) under a land management agreement for a lease underthe Land Act; and

(b) for 1 or more of the purposes mentioned in theVegetation Management Act, section 22A(2)(b), (c), (d),(f), (g), (h) or (j).

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(5) A traditional Aboriginal or Torres Strait Islander cultural
activity, other than a commercial activity.

(6) A resource activity as defined under the EnvironmentalProtection Act, section 107.

(7) Development for geothermal exploration carried out under ageothermal exploration permit under the Geothermal EnergyAct 2010.

(8) Clearing vegetation, for an airport-related purpose, on airportpremises.

(9) An activity under the Fire and Emergency Services Act 1990,section 53, 68 or 69.

(10) An activity under—

(a) the Electricity Act 1994, section 101 or 112A; or

(b) the Electricity Regulation 2006, section 17.

(11) An activity authorised under the Forestry Act 1959.

(12) Clearing vegetation on premises in an area for which an areamanagement plan under the Vegetation Management Act,section 20J is in force at the time of the clearing if—

(a) the clearing is done by the owner of the premises, withinthe meaning of the Vegetation Management Act, or aperson authorised by the owner; and

(b) the clearing complies with the area management plan,including any condition of the plan requiring the ownerto give notice of the clearing to the chief executive of thedepartment in which the Vegetation Management Act isadministered.

(13) Clearing vegetation on land mentioned in the Forestry Act1959, section 55(1)(b), (c) or (d) to the extent the clearing isfor accessing and extracting quarry material for road worksunder the Transport Infrastructure Act.

(14) Clearing vegetation for the construction or maintenance ofinfrastructure mentioned in schedule 5 [Infrastructure] if—

(a) the clearing is on designated premises; or

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(b) the infrastructure is government supported transportinfrastructure.

(15) Clearing vegetation in an area for which a disaster situationdeclaration has been made if the clearing—

(a) is necessary to prevent or minimise—

(i) loss of human life, or illness or injury to humans;or

(ii) property loss or damage; or

(iii) damage to the environment; and

(b) happens during the period that started when the disastersituation declaration was made and ends on the later ofthe following days—

(i) the day that is 1 year after the day on which thedisaster situation declaration was made; or

(ii) another day decided by the chief executive bynotice.

(16) Clearing vegetation that is necessary to carry out a cadastralsurvey of an existing property boundary, a geotechnicalsurvey or a geological survey, if the area cleared is—

(a) for an area in which a survey is conducted—a maximumarea of 10m by 10m; and

(b) for an area necessary for reasonable access to an areamentioned in paragraph (a)—a maximum of 10m wide.

(17) Clearing vegetation that is necessary to remediatecontaminated land recorded in the environmental managementregister or contaminated land register.

(18) Clearing vegetation that is necessary to carry out activitiesauthorised to be carried out at land on which an abandonedmine exists under the Mineral Resources Act 1989, section344A.

(19) Clearing vegetation that the Vegetation Management Act doesnot apply to.


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airport premises means premises used, or intended to be used,
completely or partly for an airport-related purpose.

airport-related purpose, in relation to the use or intended useof airport premises, means—

(a) the construction, operation or maintenance of a strategicairport, including—

(i) air transport infrastructure; and

(ii) core airport infrastructure located on airport land;or

(b) an activity or facility supporting the economical,efficient or safe functioning of a strategic airport; or

Examples for paragraph (b)—

• manufacturing aircraft or aircraft components

• servicing aircraft

(c) an activity or facility supporting the financial viabilityof a strategic airport; or

Examples for paragraph (c)—

• operating an air charter business or air freight depot

• operating a flight training or skydiving business

(d) for premises on airport land—development consistentwith the land use plan for the airport land.

disaster situation declaration, for an area, means adeclaration of a disaster situation for the area under theDisaster Management Act 2003, section 64 or 69 if—

(a) the declaration relates to an event mentioned in section16(1)(a) of that Act; and

(b) the disaster situation has not ended under section 71 ofthat Act.

remediate, contaminated land, see the EnvironmentalProtection Act, schedule 4.

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Schedule 31


Part 2 Clearing for particular land

2 Freehold land

For freehold land, clearing vegetation that is—

(a) for a forest practice; or

(b) residential clearing; or

(c) necessary for essential management; or

(d) in an area shown on the regulated vegetationmanagement map or a PMAV as a category X area; or

(e) for urban purposes in a prescribed urban area if thevegetation is—

(i) regulated regrowth vegetation; or

(ii) an of concern regional ecosystem or a leastconcern regional ecosystem shown on theregulated vegetation management map or a PMAVfor the area as a category B area; or

(f) necessary for routine management in an area of the landif the vegetation is—


(ii) a least concern regional ecosystem shown on theregulated vegetation management map or a PMAVas a category B area; or

(g) PDA-related development; or

(h) under an accepted development vegetation clearingcode, other than clearing in an area shown on theregulated vegetation management map or a PMAV as acategory A area; or

(i) for development—

(i) that is for an extractive industry, as defined underthe Vegetation Management Act, schedule, in a keyresource area; and

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(ii) to the extent the clearing involves clearing
regulated regrowth vegetation, other than in an areashown on the regulated vegetation managementmap or a PMAV as a category A area; or

(j) for development—

(i) that is a significant community project; and

(ii) to the extent the clearing involves clearingregulated regrowth vegetation, other than in an areashown on the regulated vegetation managementmap or a PMAV as a category A area.

3 Indigenous land

For indigenous land, clearing vegetation that is—

(a) for a forest practice, other than on land on which theState owns the trees; or

(b) residential clearing; or

(c) necessary for essential management; or

(d) in an area shown on the regulated vegetationmanagement map or a PMAV as a category X area; or







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(g) gathering, digging or removing forest products for useunder the Aboriginal and Torres Strait IslanderCommunities (Justice, Land and Other Matters) Act1984, section 62; or

(h) PDA-related development; or

(i) under an accepted development vegetation clearingcode, other than in an area shown on the regulatedvegetation management map or a PMAV as a category Aarea; or

(j) for development—


(ii) to the extent the clearing involves clearingregulated regrowth vegetation, other in an areashown on the regulated vegetation managementmap or a PMAV as a category A area; or

(k) for development—



4 Land subject to a lease under Land Act

(1) For land subject to a lease under the Land Act for agricultureor grazing purposes, clearing vegetation that is—

(a) residential clearing; or

(b) necessary for essential management; or

(c) in an area shown on the regulated vegetationmanagement map or a PMAV as a category X area; or

(d) under an accepted development vegetation clearingcode, other than in an area shown on the regulated

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vegetation management map or a PMAV as a category A
area; or

(e) necessary for routine management in an area of the landif the vegetation is—



(f) for development—


(ii) to the extent the clearing involves clearingregulated regrowth vegetation, other than in an areashown on the regulated vegetation managementmap or a PMAV as a category A area; or

(g) for development—



(2) For land subject to a lease under the Land Act, other than alease for agriculture or grazing purposes, clearing vegetationthat is consistent with the purposes of the lease and is—

(a) residential clearing; or

(b) necessary for essential management; or

(c) in an area shown on the regulated vegetationmanagement map or a PMAV as a category R area orcategory X area; or

(d) under an accepted development vegetation clearingcode, other than in an area shown on the regulatedvegetation management map or a PMAV as a category Aarea; or

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Schedule 31







(ii) a least concern regional ecosystem shown on theregulated vegetation management map or a PMAVas a category B area.

5 Land that is a road under Land Act

For land that is a road under the Land Act, clearing vegetationthat is—

(a) carried out by a local government, or by or for the chiefexecutive of the department in which the TransportInfrastructure Act is administered, if the clearing—

(i) is necessary to construct or maintain roadinfrastructure or to source construction material forroads; or

(ii) is in an area shown on the regulated vegetationmanagement map or a PMAV as a category R areaor category X area; or

(b) carried out by a local government to remove—

(i) declared pests in compliance with the localgovernment’s pest management plan under theLand Protection (Pest and Stock RouteManagement) Act 2002; or

(ii) vegetation that is not native vegetation; or

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(c) necessary to remove or reduce the imminent risk that the
vegetation poses of serious personal injury or damage toinfrastructure; or

(d) by fire under the Fire and Emergency Services Act 1990to reduce hazardous fuel load; or

(e) necessary to maintain infrastructure located on the road,other than fences; or

(f) necessary to maintain an existing boundary fence to themaximum width of 3m; or

(g) necessary for reasonable access to adjoining land fromthe existing formed road for a maximum width of 10m;or

(h) necessary to maintain an existing firebreak or gardenlocated on the road; or

(i) under an accepted development vegetation clearingcode, other than in an area shown on the regulatedvegetation management map or a PMAV as a category Aarea.

6 Particular trust land under Land Act

(1) This section applies to land that is trust land under the LandAct, other than indigenous land.

(2) Clearing vegetation that is carried out, or permitted to becarried out, by the trustee, is consistent with achieving thepurpose of the trust, and is—

(a) necessary for essential management; or

(b) in an area shown on the regulated vegetationmanagement map or a PMAV as a category R area orcategory X area; or

(c) to remove—

(i) declared pests in compliance with the relevant pestmanagement plan under the Land Protection (Pestand Stock Route Management) Act 2002; or

(ii) vegetation that is not native vegetation; or

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Schedule 31


(d) for urban purposes in a prescribed urban area if thevegetation is either of the following shown on theregulated vegetation management map or a PMAV forthe area as a category B area—

(i) an of concern regional ecosystem;

(ii) a least concern regional ecosystem; or

(e) necessary for routine management in an area of the landif the vegetation is a least concern regional ecosystemshown on the regulated vegetation management map ora PMAV for the area as a category B area; or

(f) under an accepted development vegetation clearingcode, other than in an area shown on the regulatedvegetation management map or a PMAV as a category Aarea.

7 Unallocated State land

For land that is unallocated State land, clearing vegetation thatis carried out, or permitted to be carried out, by the chiefexecutive of the department in which the Land Act isadministered, if the clearing is—


(b) to control declared pests or vegetation that is not nativevegetation; or

(c) PDA-related development; or

(d) in an area shown on the regulated vegetationmanagement map or a PMAV as a category R area orcategory X area; or



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8 Land subject to a licence or permit under Land Act
For land that is subject to a licence or permit under the LandAct, clearing vegetation that is carried out by the licensee orpermittee and is—


(b) PDA-related development; or

(c) in an area shown on the regulated vegetationmanagement map or a PMAV as a category R area orcategory X area; or

(d) for urban purposes in a prescribed urban area if thevegetation is either of the following shown on theregulated vegetation management map or a PMAV forthe area as a category B area—

(i) an of concern regional ecosystem;

(ii) a least concern regional ecosystem; or



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Schedule 32


Schedule 32 Publicly accessible documents

section 65

Part 1 Requirements for local governments

1 Documents local government must keep available for inspection and purchase

(1) A local government must keep the following documentsavailable for inspection and purchase—

(a) each current State planning instrument that applies tothe local government area;

(b) each public notice repealing a State planning instrumentthat applied to the local government area;

(c) each current local planning instrument for the localgovernment area, including any LGIP;

(d) each notice, and any amended notice, given by the chiefexecutive to the local government under section 18(3) ofthe Act;

(e) each proposed local planning instrument for the localgovernment area, including any proposed amendmentsof a local planning instrument;

(f) each amendment of a local planning instrument made bythe local government;

(g) each public notice published by the local governmentabout—

(i) making or amending a local planning instrument;or

(ii) repealing a TLPI or planning scheme policy; or

(iii) reviewing a planning scheme;

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(h) a copy of any written reasons given to the chief
executive under section 25(2)(a) of the Act;

(i) each superseded planning scheme for the localgovernment area;

(j) each repealed or expired TLPI for the local governmentarea;

(k) each explanatory statement, report, study, supportingmaterial or document used in the preparation of a localplanning instrument or LGIP for the local governmentarea;

(l) each document mentioned in the local government’sLGIP;

(m) any notice given to the local government by the Ministerunder section 26 or 27 of the Act;

(n) any report prepared by the local government under therules mentioned in section 30(4)(e)(ii) of the Act;

(o) each current designation made by the local government;

(p) a register (the designation register) of all designationsmade by the local government that are in effect;

(q) any notice given to the local government by the Ministerunder section 37(2) or (5), 38(2), 39(3)(a) or 40(2)(a) ofthe Act;

(r) any notice given or published by the local governmentunder section 37(6) about making or amending adesignation;

(s) any notice given by the local government under section38(2), 39(3)(b) or 40(2)(b) of the Act;

(t) each exemption certificate given by or to the localgovernment under section 46 of the Act;

(u) a register (the exemption certificate register) of allexemption certificates given by the local governmentunder section 46 of the Act;

(v) if the local government keeps a list of persons who areappropriately qualified to be an assessment manager for

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a development application—the list of persons,including—

(i) the date each person was included on the list; and

(ii) the qualifications, contact details and websiteaddress, if any, of each person on the list;

(w) each charges resolution of the local government;

(x) a register (the infrastructure charges register) of allinfrastructure charges levied by the local government;

(y) each infrastructure agreement that the local governmentis a party to, or a copy of which is given to the localgovernment under section 152 of the Act;

(z) each breakup agreement that the local government is aparty to;

(za) each show cause notice and enforcement notice—

(i) given by the local government under the Act or theBuilding Act; or

(ii) a copy of which was given to the local governmentunder the Act or the Building Act by anenforcement authority or private certifier;

(zb) any notice given by, or to, the local government aboutwithdrawing a show cause notice or enforcement notice;

(zc) each enforcement order made by the P&E Court on theapplication of the local government;

(zd) the local government’s register mentioned in theBuilding Act, section 251;

(ze) the local government’s register of resolutions about landliable to flooding made under the Building Act;

(zf) each exemption given by the local government under theBuilding Act, chapter 8, part 2, division 3 or 4;

(zg) each document given to the local government by aprivate certifier (class A) under the Building Act,section 86(1);

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(zh) each record the local government must keep under the
Building Act, section 230;

(zi) all development information the local government hasabout development applications for building work underthe Building Act, other than information that may bepurchased from the registrar of titles.

(2) The designation register must, for each designation made bythe local government, include the following information—

(a) the day the designation was made;

(b) the real property description of the designated premises;

(c) the type of infrastructure, and details of thedevelopment, for which the premises has beenidentified;

(d) any requirements for the infrastructure that are included,or taken to be included, in the designation.

(3) The exemption certificate register must, for each exemptioncertificate given by the local government, include thefollowing information—

(a) the day the certificate was given;

(b) the real property description of the premises that thecertificate applies to;

(c) the name of the person the certificate was given to;

(d) the development for which a development approval isnot required;

(e) whether the exemption certificate is in effect and, if not,the day the certificate ceased to have effect.

(4) The infrastructure charges register must, for each chargelevied by the local government, include the followinginformation—

(a) the real property description of the premises the chargeapplies to;

(b) the charges resolution under which the charge waslevied;

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(c) the amount of the charge levied;

(d) how the charge was worked out;

(e) if an automatic increase provision applies to thecharge—

(i) that the charge is subject to automatic increases;and

(ii) how the increases are worked out under theprovision;

(f) if all or part of the charge has been paid—the amountpaid and the day on which it was paid;

(g) if the charge has not been paid in full—the amount ofthe charge unpaid;

(h) details of any offset or refund given;

(i) if the charge was levied as a result of a developmentapproval—the approval reference number and the daythe approval will lapse;

(j) if infrastructure is to be provided instead of paying thecharge—details of any infrastructure still to beprovided;

(k) if the levied charge is the subject of an infrastructureagreement—details of the agreement.

(5) A State planning instrument mentioned in subsection (1)(a)must be kept available for inspection and purchase from whenthe instrument is made until it is repealed or replaced, orotherwise expires.

(6) A proposed local planning instrument, or amendment of alocal planning instrument, (the instrument) mentioned insubsection (1)(e) must be kept available for inspection andpurchase for the period—

(a) starting—

(i) if the instrument is publicly notified—the day theinstrument is publicly notified; or

(ii) otherwise—the day the instrument is proposed tobe made; and

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(b) ending the day the instrument is made, or the local
government decides not to make the instrument.

(7) A notice mentioned in subsection (1)(g)(iii) must be keptavailable for inspection and purchase for 40 business daysafter the notice is published.

(8) Despite subsection (1), the obligation under subsection (1)(zi)only applies if the person seeking the developmentinformation applies for the information in the approved form.


development information, for a development application forbuilding work under the Building Act, means informationabout any of the following—

(a) the physical characteristics and location of infrastructurerelated to the application;

(b) local government easements, encumbrances or estates orinterests in land likely to be relevant to the application;

(c) site characteristic information likely to affect theassessment of the application.

Examples of information mentioned in paragraph (c)—

• design levels of proposed road or footway works

• design or location of stormwater connections

• design or location of vehicle crossings

• details of any Queensland heritage place or local heritageplace

• discharge of swimming pool backwash water

• flood level information

• limitations on driveway gradients

• limitations on the capacity of sewerage, stormwater andwater supply services

• location of any erosion control districts

• location of contaminated land

• location of land-slip areas

• location of mine subsidence areas

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2 Documents local government must keep available for inspection only

(1) A local government must keep the following documentsavailable for inspection only—

(a) if the local government removes a person from a listmentioned in section 1(1)(v)—a register of all personsremoved from the list which includes the followinginformation for each person removed—

(i) the person’s name and contact details; and

(ii) the date the person was originally included in thelist, and the date the person was removed from thelist;

(b) a register of all development applications made to aprivate certifier as assessment manager.

(2) Subsection (1)(b) does not apply for a developmentapplication until the local government has been given a copyof the decision notice for the application, or advised by theprivate certifier that the application has lapsed or beenwithdrawn.

(3) The register mentioned in subsection (1)(b) must include thefollowing information for each development application—

(a) the name and contact details of the private certifier;

(b) the name and address of the applicant;

(c) the day the application was made;

(d) a property description that identifies the premises or thelocation of the premises;

(e) the type of development applied for;

(f) the names of any referral agencies;

(g) whether the application was withdrawn, lapsed ordecided;

(h) if the application was decided—

(i) the day it was decided; and

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(ii) whether the application was approved, approved
subject to conditions or refused; and

(iii) whether the application was taken to have beenapproved under section 64 of the Act; and

(iv) for an application approved subject toconditions—whether any of the conditionsincluded the conditions of a referral agency, and ifso, the name of the referral agency; and

(v) whether a negotiated decision notice was alsogiven for the application and if so, the day it wasgiven; and

(vi) for an application that was approved—whether alater change or extension application for theapproval has been approved and, if so, the day theapplication was approved; and

(vii) if there was an appeal about the decision—whetherthe decision was changed because of the outcomeof the appeal;

(i) if an approval for the application has beencancelled—the day the cancellation took effect.

3 Documents local government must or may publish on website

(1) A local government must publish the documents mentioned insection 1(1)(c), (e) to (j), (n), (p) and (r) to (w) on the localgovernment’s website.

(2) A proposed local planning instrument, or amendment of alocal planning instrument, mentioned in section 1(1)(e) mustbe kept on the website for the period mentioned in section1(6).

(3) A notice mentioned in section 1(1)(g)(iii) must be kept on thewebsite for 40 business days after the notice is published.

(4) A local government may publish the following documents onthe local government’s website—

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(a) a document mentioned in section 1(1)(d), (x), (z), (za) or(zd) to (zf);

(b) the register mentioned in section 2(1)(b).

Part 2 Requirements for particular assessment managers

4 Application of pt 3

This part applies to an assessment manager, other than aprivate certifier.

5 Documents assessment manager must keep available for inspection and purchase

(1) The assessment manager must, for each developmentapplication made to the assessment manager, keep thefollowing documents available for inspection and purchase—

(a) the application and any supporting material for theapplication;

(b) any request made by the assessment manager to theapplicant requesting further information about theapplication and any response to the request;

(c) any referral agency’s response for the application;

(d) any properly made submission about the application.

(2) If the assessment manager is a prescribed assessmentmanager, the assessment manager must also keep thefollowing documents available for inspection and purchase—

(a) for each development application for building workunder the Building Act for a building that is approved bythe assessment manager—the application and theapproval documents for the application as defined underthe Building Act;

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(b) any direction given to the assessment manager by the
Minister, or a copy of which is given to the assessmentmanager, under chapter 3, part 6, division 2 of the Act;

(c) any call in notice or proposed call in notice given to theassessment manager;

(d) each decision notice for a development application,change application or extension application, and eachnegotiated decision notice, given by the assessmentmanager, including any plans and specificationsapproved by the assessment manager in relation to thenotice;

(e) each decision notice for a development application,change application or extension application, and eachnegotiated decision notice, a copy of which was given tothe assessment manager by a chosen assessmentmanager;

(f) each deemed approval notice given to the assessmentmanager;

(g) each decision notice on a change application given tothe assessment manager under section 83(1) of the Act;

(h) each agreement the assessment manager or a referralagency is a party to about a condition of a developmentapproval;

(i) each show cause notice and enforcement notice given bythe assessment manager as an enforcement authority;

(j) each notice given by the assessment managerwithdrawing a show cause notice or enforcement notice;

(k) each enforcement order made by the P&E Court on theapplication of the assessment manager as anenforcement authority.

(3) The documents mentioned in subsection (1) must be keptavailable for inspection and purchase from when theassessment manager receives the development applicationuntil—

(a) the application is withdrawn or lapses; or

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(b) if paragraph (a) does not apply—the end of the lastperiod during which an appeal may be made against adecision on the application.

(4) The obligation under subsection (2)(a) applies only until—

(a) if the building the subject of the approval is a class 10building, other than a swimming pool fence, the earlierof the following to happen—

(i) the building’s demolition or removal;

(ii) the end of 10 years from when the approval wasgiven; or

(b) if the building the subject of the approval is of any otherclass or is a swimming pool fence—the building’sdemolition or removal.

(5) The obligation under subsection (2)(c) applies in relation to aproposed call in notice for an application only until theMinister gives a call in notice for the application, or decidesnot to call in the application.


supporting material, for a development application, meansany material, including site plans, elevations and supportingreports, about the aspect of the application assessable againstor having regard to the planning scheme that—

(a) was given to the assessment manager by the applicant;and

(b) is in the assessment manager’s possession when therequest to inspect and purchase is made.

6 Documents assessment manager must keep available for inspection only

(1) The assessment manager must keep available for inspectiononly—

(a) a register of all development applications made to theassessment manager; and

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(b) if the assessment manager is a prescribed assessment
manager—a register of all development applicationsmade to a chosen assessment manager instead of theprescribed assessment manager.

(2) However—

(a) the obligation under subsection (1)(a) stops applying toa person that is a chosen assessment manager if theperson is removed from the list of persons appropriatelyqualified to be an assessment manager held by theprescribed assessment manager; and

(b) subsection (1)(a) does not apply for a developmentapplication until the decision notice for the applicationhas been given, or was required to be given, or theapplication lapses or is withdrawn; and

(c) subsection (1)(b) does not apply for a developmentapplication until the prescribed assessment manager hasbeen—

(i) given a copy of the decision notice for theapplication; or

(ii) advised by the chosen assessment manager that theapplication has lapsed or been withdrawn.

(3) The registers must include the following information for eachdevelopment application—

(a) the information stated in section 2(3), other than section2(3)(a);

(b) if the application was made to a chosen assessmentmanager—the name and contact details of the chosenassessment manager;

(c) whether the application required code or impactassessment, or both code and impact assessment;

(d) whether public notification of the application wasrequired.

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7 Documents assessment manager must or may publish on website

(1) The assessment manager must publish the followingdocuments on the assessment manager’s website—

(a) the documents mentioned in section 5(1);

(b) if the assessment manager is a prescribed assessmentmanager—the documents mentioned in section 5(2)(d)to (h);

(c) the register mentioned in section 6(1)(a).

(2) A document mentioned in section 5(1) must be kept on thewebsite for the period mentioned in section 5(3), but may bekept on the website after that period has ended.

(3) The obligation under subsection (1)(c) stops applying to aperson that is a chosen assessment manager if the person isremoved from the list of persons appropriately qualified to bean assessment manager held by the prescribed assessmentmanager.

(4) A prescribed assessment manager may keep the followingdocuments on the assessment manager’s website—

(a) for each development application, change application,extension application or cancellation application madeto the prescribed assessment manager, or to a chosenassessment manager instead of the prescribedassessment manager—

(i) all the material about the application theassessment manager has received before theapplication is decided;

(ii) each notice, request or agreement about theapplication given or made under the Act ordevelopment assessment rules; or

(iii) all correspondence about the application betweenthe applicant, the assessment manager, a referralagency or a submitter;

(b) a document mentioned in section 5(2)(i) to (k).

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Part 3 Requirements for referral
agencies

8 Documents referral agency must keep available for inspection and purchase

A referral agency must keep the following documentsavailable for inspection and purchase—

(a) each agreement the referral agency is a party to about acondition of a development approval;

(b) each show cause notice and enforcement notice given bythe referral agency as an enforcement authority;

(c) each notice given by the referral agency withdrawing ashow cause notice or enforcement notice;

(d) each enforcement order made by the P&E Court on theapplication of the referral agency as an enforcementauthority.

9 Documents referral agency must keep available for inspection only

(1) A referral agency must keep available for inspection only aregister of all development applications given to the referralagency under section 54 of the Act.

(2) Subsection (1) does not apply for a development applicationuntil the decision notice for the application has been given, orwas required to be given, or the application lapses or iswithdrawn.

(3) The register must include the following information for eachdevelopment application given to the referral agency—

(a) the day the application was given to the referral agency;

(b) the applicant’s name and address;

(c) a property description that identifies the premises or thelocation of the premises;

(d) a description of the proposed development;

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(e) information about the referral agency’s powers inassessing the development application;

(f) whether a referral agency’s response was given by thereferral agency and, if so, the day the response wasgiven;

(g) if the development application was approved—whethera change application for the approval has been made tothe referral agency as the responsible entity and, if thechange application was approved, the day it wasapproved.

10 Documents referral agency may publish on website

A referral agency may publish the following documents onthe referral agency’s website—

(a) a document mentioned in section 8;

(b) the register mentioned in section 9(1);

(c) for each development application given to the referralagency under section 54 of the Act—

(i) the application and all the material about theapplication the referral agency has received beforethe application is decided;

(ii) any request made by the referral agency to theapplicant requesting further information about theapplication and any response to the request;

(iii) the referral agency’s response for the application;

(iv) each notice, request or agreement about theapplication given or made under the Act ordevelopment assessment rules; or

(v) all correspondence about the application betweenthe applicant, assessment manager and referralagency;

(d) for each change application made to the referral agencyas the responsible entity—

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(i) all the material about the application the referral
agency has received before the application isdecided;

(ii) each notice, request or agreement about theapplication given or made under the Act ordevelopment assessment rules; or

(iii) all correspondence about the application betweenthe applicant, the assessment manager and thereferral agency.

Part 4 Requirements for chief executive

11 Documents chief executive must keep available for inspection and purchase

(1) The chief executive must keep the following documentsavailable for inspection and purchase—

(a) each current State planning instrument;

(b) each proposed State planning instrument, including anyproposed amendments of a State planning instrument,and any explanatory statements prepared for theinstrument or amendment;

(c) each public notice published by the Minister undersection 10, 11, 12 or 13 of the Act;

(d) each amendment of a State planning instrument madeunder chapter 2, part 2 of the Act;

(e) the Minister’s guidelines and rules;

(f) any notice given by the Minister to a local governmentunder section 26(6) or 27(2) of the Act;

(g) the rules made by the Minister under section 30(4)(e)(ii)of the Act;

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(h) the designation process rules made by the Ministerunder section 37 of the Act;

(i) each current designation made by the Minister;

(j) a register (the designation register) of all designationsmade by the Minister that are in effect;

(k) each notice given to the chief executive by the Ministerunder section 38(2), 39(3)(a) or 40(2)(a) of the Act;

(l) the development assessment rules;

(m) if the chief executive keeps a list of persons who areappropriately qualified to be an assessment manager fora development application—the list of persons,including—

(i) the date each person was included on the list; and

(ii) the qualifications, contact details and websiteaddress, if any, of each person on the list;

(n) each exemption certificate given by the chief executiveunder section 46 of the Act;

(o) a register (the exemption certificate register) of allexemption certificates given by the chief executiveunder section 46 of the Act;

(p) any direction given by the Minister under chapter 3, part6, division 2 of the Act;

(q) each call in notice and proposed call in notice given bythe Minister;

(r) each report prepared by the Minister under section 96(1)or 105(1) of the Act;

(s) each guideline made by the Minister or chief executiveunder section 36(3), 115(2), 116(2) or 282 of the Act;

(t) each show cause notice and enforcement notice a copyof which was given to the chief executive under section169 of the Act;

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(u) any notice given to the chief executive about
withdrawing a show cause notice or enforcement notice;

(v) each notice of appeal given to the chief executive undersection 229(3)(e) of the Act;

(w) a register of registered premises.

(2) A proposed State planning instrument, or amendment of aState planning instrument, (the instrument) mentioned insubsection (1)(b) must be kept available for inspection andpurchase from when the instrument is publicly notified untilthe instrument is made or the Minister decides not to make theinstrument.

(3) The designation register must, for each designation made bythe Minister, include the following information—

(a) the day the designation was made;

(b) the real property description of the designated premises;

(c) the type of infrastructure, and details of thedevelopment, for which the premises has beenidentified;

(d) any requirements for the infrastructure that are included,or taken to be included, in the designation.

(4) The exemption certificate register must, for each exemptioncertificate given by the chief executive, include the followinginformation—

(a) the day the certificate was given;

(b) the real property description of the premises thecertificate applies to;

(c) the name of the person the certificate was given to;

(d) the development for which a development approval isnot required;

Note: This provision will also require notices of declaration proceedingsto be kept. This issue will be revisited once the P&E Court Rules havebeen finalised.

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(e) whether the exemption certificate is in effect and, if not,the day the certificate ceased to have effect.

(5) The register of registered premises must, for each registeredpremises, include the following information—

(a) the real property description of the premises;

(b) a map of the affected area for the registered premises;

(c) the day the registration ends;

(d) whether any conditions have been imposed on theregistration and, if so, what the conditions are;

(e) the type and level of emissions from the activity carriedout at the premises.

12 Documents chief executive must keep available for inspection only

The chief executive must keep the following documentsavailable for inspection only—

(a) each State planning instrument that has been repealed orreplaced, or has otherwise expired;

(b) if a current State planning instrument, or a Stateplanning instrument mentioned in paragraph (a), wasamended—the instrument as in effect just before theamendment was made;

(c) all current local planning instruments, including currentLGIPs;

(d) all amendments of current local planning instruments;

(e) each public notice published by a local governmentabout repealing a TLPI or planning scheme policy;

(f) each notice given to the chief executive by a localgovernment under section 38(2), 39(3)(b) or 40(2)(b) ofthe Act;

(g) if the chief executive removes a person from a listmentioned in section 11(1)(m)—a register of all personsremoved from the list which includes the followinginformation for each person removed—

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(i) the person’s name and contact details; and
(ii) the date the person was originally included in thelist, and the date the person was removed from thelist.

13 Documents chief executive must or may keep on website

(1) The chief executive must keep the following documents on thedepartment’s website—

(a) a document mentioned in section 11(1)(a) to (e), (g), (h),(j), (k), (m) to (o), (s) or (w);

(b) a document mentioned in section 12(a) or (b);

(c) each notice and amended notice given to a localgovernment under section 18(3) of the Act;

(d) a proposed call in notice given by the Minister.

(2) A proposed State planning instrument, or amendment of aState planning instrument, mentioned in section 11(1)(b) mustbe kept on the department’s website for the period stated insection 12(2).

(3) The obligation under subsection (1)(d) applies in relation to aproposed call in notice for an application only until theMinister gives a call in notice for the application, or decidesnot to call in the application

(4) The chief executive may keep the following documents on thedepartment’s website—

(a) any notice given by the Minister to a local governmentunder 27(2) of the Act;

(b) a document mentioned in section 11(1)(p), (r) or (t) to(v);

(c) a document mentioned in section 12(c) to (f);

(d) a call in notice given by the Minister.

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Schedule 33 Content of planning and development certificates

section 66

1 Limited planning and development certificates

(1) A limited planning and development certificate must includethe following information for premises—

(a) a summary of the provisions of any planning scheme orcharges resolution applying specifically to the premises;

(b) if a TLPI applies to the premises and suspends orotherwise affects the operation of a planning schemeprovision mentioned in paragraph (a)—a description ofthe way in which the TLPI suspends or otherwise affectsthe provision;

(c) if a variation approval is in effect for the premises—adescription of the way in which the variation approvalvaries the effect of a provision of a planning schemementioned in paragraph (a);

(d) if a State planning instrument applies to the premises—adescription of the provisions that apply;

(e) a description of any designation applying to thepremises;

(f) a copy of any information recorded for the premises inthe infrastructure charges register.


infrastructure charges register see schedule 32 [Publicaccess], section 1(1)(x).

2 Standard planning and development certificates

(1) A standard planning and development certificate, in additionto the information contained in a limited planning and

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development certificate, must include, or be accompanied by,
the following information for premises—

(a) a copy of every decision notice or negotiated decisionnotice for a development approval in effect for thepremises, including any material that accompanied thenotice when it was given;

(b) details of any changes made to a development approvalin effect for the premises;

(c) details of any approval given to extend the currencyperiod of a development approval in effect for thepremises;

(d) a copy of every deemed approval notice relating to thepremises, if the development approval that the noticerelates to has not lapsed;

(e) a copy of every continuing approval mentioned in therepealed Integrated Planning Act 1997, section6.1.23(1)(a) to (d);

(f) details of any decision to approve or refuse anapplication to amend a planning scheme made under therepealed Local Government (Planning andEnvironment) Act 1990, section 4.3, including anyconditions of approval;

(g) a copy of every compliance certificate given under theold Act and in effect at the time the standard planningand development certificate is given, including anychanges made to the compliance certificate;

(h) a copy of any exemption certificate for development onthe premises given by the local government undersection 46 of the Act and in effect for the premises;

(i) a copy of any judgment or order of the P&E Court or atribunal about—

(i) a development approval in effect for the premises;or

(ii) a condition included in a compliance certificate ineffect for the premises;

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(j) a copy of any agreement that the local government or areferral agency is a party to about a condition of adevelopment approval in effect for the premises;

(k) a copy of any infrastructure agreement applying to thepremises that the local government is a party to or thatthe local government has received a copy of undersection 152 of the Act;

(l) a description of each amendment, proposed to be madeby the local government to its planning scheme, that hasnot yet been made at the time the certificate is given;

(m) if the premises are within a declared master plannedarea—

(i) a copy of each master plan (a current master plan)applying to the premises that continues to haveeffect under section 312 of the Act; and

(ii) a copy of each notice of decision or negotiateddecision given under the old Act about a masterplan application under that Act for a current masterplan; and

(iii) a copy of any judgement or order of the P&E Courtor a building and development committee underthe old Act about a condition included in a currentmaster plan.


amending Act means the Sustainable Planning and OtherLegislation Amendment Act (No. 2) 2012.

declared master planned area means an area identified as adeclared master planned area in a master planned areadeclaration.

master planned area declaration means a declaration madeunder the old Act, section 133, as in force before theenactment of the amending Act, that identified an area as adeclared master planned area.

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3 Full planning and development certificates
(1) A full planning and development certificate, in addition to theinformation contained in a limited and standard planning anddevelopment certificate, must include, or be accompanied by,the following information for premises—

(a) if there is currently in effect for the premises adevelopment approval containing conditions (includingconditions about the carrying out of works or thepayment of money, other than under an infrastructureagreement)—a statement about the fulfilment ornon-fulfilment of each condition, at a stated day afterthe day the certificate was applied for;

(b) if there is currently in effect for the premises aninfrastructure agreement that the local government is aparty to—

(i) details of the nature and extent of any obligationsunder the agreement that have not been fulfilled;and

(ii) details of any security required under theagreement, including whether any paymentrequired to be made under the security has beenmade;

(c) details of—

(i) any prosecution for a development offence underthe Act, the old Act or the repealed IntegratedPlanning Act 1997 relating to the premises ofwhich the local government is aware; or

(ii) proceedings for a prosecution for a developmentoffence under the Act, the old Act or the repealedIntegrated Planning Act 1997 relating to thepremises of which the local government is aware;

(d) if a master plan applying to the premises continues tohave effect under section 312 of the Act and containsconditions (including conditions about the carrying outof works or the payment of money, other than under aninfrastructure agreement)—a statement about the

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fulfilment or non-fulfilment of each condition, at astated day after the day the certificate was applied for.

(2) However, the applicant may request that a full planning anddevelopment certificate be given without the informationnormally contained in a limited or standard planning anddevelopment certificate.

(3) If a condition mentioned in subsection (1)(a) or (d) relates tothe ongoing operating requirements of the use of premises, thestatement need not make reference to the fulfilment ornon-fulfilment of the conditions other than under subsection(1)(b).

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section 3

accepted development vegetation clearing code see theVegetation Management Act, section 19O(1) and (2).

accepted failure impact assessment, for a dam, for schedule25 [Particular application fees], means a failure impactassessment for the dam accepted by the chief executive of thedepartment in which the Water Supply Act is administeredunder section 349 of that Act.

accommodation activity, for schedule 30 [Developmentimpacting on State transport infrastructure], means an activityinvolving 1 or more of the following uses—

(a) caretaker’s accommodation;

(b) community residence;

(c) dual occupancy;

(d) dwelling house;

(e) dwelling unit;

(f) home-based business;

(g) multiple dwelling;

(h) nature-based tourism;

(i) non-resident workforce accommodation;

(j) relocatable home park;

(k) residential care facility;

(l) resort complex;

(m) retirement facility;

Note: Underlined references, other than references in square brackets,are to the Sustainable Planning Regulation 2009.

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(n) rooming accommodation;

(o) rural workers’ accommodation;

(p) short-term accommodation;

(q) tourist park.

additional accepted operational work, for development on alot, means operational work that—

(a) is the clearing of native vegetation for essentialmanagement or routine management, or is the clearingof vegetation on freehold land, or land subject to a leaseunder the Land Act, to the extent necessary for buildinga single dwelling on a lot and any reasonably associatedbuilding or structure, if the building of the dwelling is—

(i) building work for which a development permit hasbeen given; or

(ii) building work mentioned in schedule 3, part 2,table 1, item 1; or

(iii) for public housing; and

(b) would be assessable development under schedule 12[Operational work that is assessable development],section 1 (the relevant item) if it were carried out on thelot immediately before the development happened, butbecause of the development is not assessabledevelopment under the relevant item.

aggregate environmental score, for an environmentallyrelevant activity, see the Environmental ProtectionRegulation, section 14.

agricultural supplies store means the use of premises for thesale of agricultural supplies and products, including, forexample, chemicals, fertilisers, seeds, bulk veterinarysupplies, farm clothing, saddlery, animal feed and irrigationmaterials.

Airport Assets Act means the Airport Assets (Restructuringand Disposal) Act 2008.

airport land see the Airport Assets Act, section 7.

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air service means the use of premises for 1 or more of the
following activities or facilities—

(a) the arrival or departure of aircraft;

(b) housing, servicing, refuelling, maintaining or repairingaircraft;

(c) the assembly and dispersal of passengers or goods on orfrom an aircraft;

(d) training and education facilities associated withaviation;

(e) aviation facilities;

(f) an activity that is ancillary to an activity or facilitymentioned in paragraphs (a) to (e) and directly servicesthe needs of aircraft passengers.

Examples of an air service—

airport, air strip, helipad

air transport infrastructure see the Transport InfrastructureAct, schedule 6.

alternative solution, for schedule 10 [Building work that isassessable development], see the Building Act, schedule 2.

ancillary works and encroachments see the TransportInfrastructure Act, schedule 6.

animal husbandry—

1 Animal husbandry means the use of premises for theproduction of animals or animal products on native orimproved pastures or vegetation.

2 Animal husbandry includes yards, stables, temporaryholding facilities and machinery repairs and servicingthat are ancillary to the use mentioned in paragraph 1.

Examples of animal husbandry—

cattle stud, grazing of livestock, non-feedlot dairy

animal keeping—

1 Animal keeping means the use of premises for boarding,breeding or training animals.

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2 Animal keeping includes holding facilities andmachinery repairs and servicing that are ancillary to theuse mentioned in paragraph 1.

Examples of animal keeping—

aviary, cattery, kennel, stables, wildlife refuge

aquaculture see the Fisheries Act, schedule.

area of koala habitat value, for schedule 21 [Development inkoala habitat areas], see schedule 21, section 2.

area unsuitable for koalas, for schedule 21 [Development inkoala habitat areas], see schedule 21, section 2.

artificial waterway see the Coastal Act, section 8.

assessable development area means an area shown as a koalaassessable development area or priority koala assessabledevelopment area on a map of assessable development areas.

assessment manager application fee see schedule 25[Particular application fees], section 1(1).

assessment manager application fee component, forschedule 25, see schedule 25 [Particular application fees],section 1(2).

authorised electricity entity means an entity authorised, ortaken to be authorised, under the Electricity Act 1994, section116(1), to acquire land.

bar—

1 Bar means the use of premises, other than premisesproviding seating for more than 60 people, for theprimary purpose of selling liquor for on-siteconsumption.

2 Bar includes the sale of food for on-site consumptionand entertainment activities that are ancillary to the usementioned in paragraph 1.

Brisbane core port land see the Transport Infrastructure Act,section 283K.

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Brisbane port LUP means the plan, approved under the
Transport Infrastructure Act, chapter 8, part 3C that regulatesdevelopment on Brisbane core port land.

Brisbane port railway land means—

(a) any part of Brisbane core port land that is leased forrailway purposes; or

(b) any land completely or partly within Brisbane core portland, or adjoining Brisbane core port land, if the land israil corridor land, as defined under the TransportInfrastructure Act, schedule 6, or future railway land.

brothel see the Prostitution Act 1999, schedule 4.

budget accommodation building, for schedule 10 [Buildingwork that is assessable development], see the Building Act,section 216.

bulk landscape supplies means the use of premises for thebulk storage and sale of primarily non-packaged landscapingand gardening supplies, including, for example, soil, gravel,potting mix and mulch.

bushland habitat area, for schedule 21 [Development inkoala habitat areas], see schedule 21, section 2.

business activity means an activity involving 1 or more of thefollowing uses—

(a) agricultural supplies store;

(b) bulk landscape supplies;

(c) food and drink outlet;

(d) garden centre;

(e) hardware and trade supplies;

(f) market;

(g) office;

(h) outdoor sales;

(i) parking station;

(j) sales office;

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(k) service station;

(l) shop;

(m) shopping centre;

(n) showroom;

(o) veterinary service.

busway transport infrastructure see the TransportInfrastructure Act, schedule 6.

busway transport infrastructure works see the TransportInfrastructure Act, schedule 6.

caretaker’s accommodation means the use of premises for adwelling for a caretaker of a non-residential use on the samepremises.



category A area means a category A area under theVegetation Management Act.

category B area means a category B area under the VegetationManagement Act.

category C area, for schedule 31 [Clearing of nativevegetation], means a category C area under the VegetationManagement Act.

category R area, for schedule 31 [Clearing of nativevegetation], means a category R area under the VegetationManagement Act.

category X area, for schedule 31 [Clearing of nativevegetation], means a category X area under the VegetationManagement Act.

cemetery means the use of premises for the interment ofbodies or ashes after death.

child care centre means the use of premises for the care,education and minding, but not residence, of children.

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Examples of a child care centre—
before or after school care, crèche, early childhood centre, kindergarten,vacation care

class, for a building or structure, means its particularclassification under the Building Code.

club—

1 Club means the use of premises for an association that isestablished for social, literary, political, sporting,athletic or other similar purposes.

2 Club includes the preparation and sale of food anddrink, if the activity is ancillary to the use mentioned inparagraph 1.

coastal dune means a ridge or hillock of sand or othermaterial—

(a) on the coast; and

(b) built up by the wind.

coastal management see the Coastal Act, section 11.

coastal management district means a coastal managementdistrict under the Coastal Act, other than an area declared as acoastal management district under section 54(2) of that Act.

Coastal Regulation means the Coastal Protection andManagement Regulation 2003.

commercial purpose includes the use of premises for thepurpose of selling goods or providing a service to the public.

Examples of a commercial purpose—

shop, office, food and drink outlet, health care service

common material, for a development application, means—

(a) all the material about the application the assessmentmanager has received before the application is decided,including—

(i) any material relating to a proposed developmentapplication that is substantially similar to thedevelopment application as made; and

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(ii) any material attached to, or given with, thedevelopment application; and

(iii) any material relating to the application given to theassessment manager after the application is made;and

(iv) any referral agency’s response, including anyadvice or comment given by a referral agency andany response given under section 57 of the Act;and

(v) any submissions that have been accepted by theassessment manager; and

(vi) any other advice or comment about the applicationgiven to the assessment manager by any person;and

(b) if a development approval for the development is ineffect—the approval; and

(c) an infrastructure agreement that applies to the premises.

community activity—

(a) means—

(i) a child care centre; or

(ii) a community hall; or

(iii) a detention facility; or

(iv) an educational establishment; or

(v) a hospital; or

(vi) a place of worship; and

(b) includes—

(i) tourist accommodation that is part of a usementioned in paragraph (a); and

(ii) a commercial or retail activity that is ancillary to ause mentioned in paragraph (a).

community care centre—

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1 Community care centre means the use of premises for
the primary purpose of providing social support tomembers of the public.

2 Community care centre includes providing medical careto the public, if the activity is ancillary to the usementioned in paragraph 1.

3 However, the term does not include the use of premisesto provide accommodation to members of the public.

Examples of a community care centre—

disability support service, drop-in centre, respite centre, indigenoussupport centre

community residence means the use of premises forresidential accommodation for—

(a) no more than 6 persons requiring assistance or supportwith daily living needs; and

(b) no more than 1 support worker.

community use—

1 Community use means the use of premises for providingartistic, social or cultural facilities or communityservices to the public.

2 Community use includes the preparation and sale offood and drink, if the activity is ancillary to the usementioned in paragraph 1.

Examples of a community use—

art gallery, community centre, community hall, library, museum

contaminated land see the Environmental Protection Act,schedule 4.

contaminated land register means the contaminated landregister under the Environmental Protection Act.

core airport infrastructure see the Airport Assets Act,schedule 3.

correctional facility means—

(a) a detention centre established under the Youth JusticeAct 1992; or

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(b) a corrective services facility under the CorrectiveServices Act 2006.

crematorium means the use of premises for the cremation oraquamation of bodies.

cropping—

1 Cropping means the use of premises for growing andharvesting plants or plant material for commercialpurposes, where the growing of the plants or plantmaterial is dependent on the cultivation of soil.

2 Cropping includes the following activities, if theactivities are ancillary to the use mentioned in paragraph1—

(a) harvesting, storing or packing plants or plantmaterial grown on-site;

(b) repairing and servicing machinery used on-site.

Examples of cropping—

forestry for wood production, fodder and pasture production, producingfruit, nuts, vegetables and grains, plant fibre production, sugar canegrowing, vineyard

dam see the Water Act 2000, schedule 4.

declared fish habitat area see the Fisheries Act, schedule.

declared pest means a declared pest under the LandProtection (Pest and Stock Route Management) Act 2002.

defined flood level, for schedule 10 [Building work that isassessable development], see the Building Regulation 2006,section 13(5).

defining bank, of a watercourse, for schedule 23[Requirements for cropping], means—

(a) the bank which confines the seasonal flows of thewatercourse before the point of flooding; or

(b) the seasonal high water line.

detention facility means the use of premises for the lawfuldetention of persons, including, for example—

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(a) a detention centre under the Youth Justice Act 1992; or
(b) a corrective services facility under the CorrectiveServices Act 2006; or

(c) an authorised mental health service under the MentalHealth Act 2000.

development footprint, on premises, means the total area ofthe premises covered by a building, structure or landscaping.

domestic housing activity means the construction or use of asingle dwelling on a lot and any reasonably associatedbuilding or structure.

Examples of a building or structure that could be reasonably associatedwith a single dwelling—

building or structure used for a home-based business, secondarydwelling

domestic outbuilding means a non-habitable class 10abuilding that is—

(a) a shed, garage or carport; and

(b) ancillary to a residential use carried out on the premiseson which the building is located.

dual occupancy—

1 Dual occupancy means a residential use of premisesinvolving 2 dwellings, whether attached or unattached,and any domestic outbuildings associated with thedwellings, for 2 separate households.

2 Dual occupancy does not include a residential use ofpremises that involves a secondary dwelling.

dwelling means a building, or part of a building, that—

(a) is used, or capable of being used, as a self-containedresidence; and

(b) contains—

(i) food preparation facilities; and

(ii) a bath or shower; and

(iii) a toilet; and

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(iv) a wash basin; and

(v) facilities for washing clothes.

dwelling house means a residential use of premisesinvolving—

(a) 1 dwelling for a single household and any domesticoutbuildings associated with the dwelling; or

(b) 1 dwelling for a single household and a secondarydwelling, as well as any domestic outbuildingsassociated with either dwelling.

dwelling unit means the use of premises containing anon-residential use for a single dwelling, other than adwelling for a caretaker of the non-residential use.

educational establishment—

1 Educational establishment means the use of premisesfor training and instruction to impart knowledge anddevelop skills.

2 Educational establishment includes the following usesand activities if they are ancillary to the use mentionedin paragraph 1—

(a) on-site student accommodation;

(b) on-site before and after school care;

(c) on-site vacation care.

Examples of an educational establishment—

college, outdoor education centre, primary school, secondary school,special education facility, technical institute, university

electricity operating works means operating works under theElectricity Act 1994, section 12(3).

emergency services means the use of premises by agovernment entity or community organisation to provideessential emergency services or disaster managementservices, including management support facilities for theservices.

Examples of emergency services—

ambulance station, evacuation centre, fire station, police station

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encroachment, for schedule 25 [Particular application fees],
see the Vegetation Management Act, schedule.

endangered regional ecosystem, for schedule 25 [Particularapplication fees], means an endangered regional ecosystemunder the Vegetation Management Act.

environmental authority means an environmental authorityunder the Environmental Protection Act.

environmentally relevant activity see the EnvironmentalProtection Act, section 18.

environmental management register means theenvironmental management register under the EnvironmentalProtection Act.

Environmental Protection Regulation means theEnvironmental Protection Regulation 2008.

environmental value see the Environmental Protection Act,section 9.

essential management means clearing native vegetation—

(a) for establishing or maintaining a necessary firebreak toprotect infrastructure, other than a fence, road orvehicular track, if the maximum width of the firebreak isequivalent to 1.5 times the height of the tallestvegetation adjacent to the infrastructure, or 20m,whichever is the greater; or

(b) for establishing a necessary fire management line if themaximum width of the clearing for the fire managementline is 10m; or

(c) necessary to remove or reduce the imminent risk thevegetation poses of serious personal injury or damage toinfrastructure; or

(d) by fire under the Fire and Emergency Services Act 1990to reduce hazardous fuel load; or

(e) necessary to maintain infrastructure, including any coreairport infrastructure, buildings, fences, helipads, roads,stockyards, vehicular tracks, watering facilities and

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constructed drains other than contour banks, unless thecleaning is for sourcing construction material; or

(f) for maintaining a garden or orchard, other than clearingpredominant canopy trees to maintain underplantingsestablished within remnant vegetation; or

(g) on land subject to a lease given under the Land Act foragriculture or grazing purposes to source constructiontimber to repair existing infrastructure on the land, if—

(i) the infrastructure is in need of immediate repair;and

(ii) the clearing does not cause land degradation asdefined under the Vegetation Management Act,schedule; and

(iii) restoration of a similar type, and to the extent ofthe removed trees, is ensured; or

(h) on freehold land by the owner of the land to sourceconstruction timber to maintain infrastructure on anyland of the owner, if—

(i) the clearing does not cause land degradation asdefined under the Vegetation Management Act,schedule; and

(ii) restoration of a similar type, and to the extent ofthe removed trees, is ensured.

excluded development means development—

(a) that is a material change of use of premises—

(i) designated under a planning scheme as urban; or

(ii) in a biodiversity development offset area declaredby gazette notice under the repealed koala Stateplanning policy, if the development is carried outbefore the date stated in the gazette notice for thedeclaration to lapse; or

(b) on premises in an SEQ rural precinct if the developmentis consistent with the SEQ rural precinct plan approvedthe Minister by gazette notice for the precinct; or

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(c) stated in schedule 7 [Development local categorising
instrument may not state is assessable development]; or

(d) for a coordinated project under the State DevelopmentAct; or

(e) in a State development area; or

(f) carried out under a development approval if theapplication for the approval is mentioned in the SEQSPRP, section 1.5(2)(c); or

(g) that is consistent with a variation approval in effect forthe premises on which the development is carried out, ifthe application for the approval is mentioned in the SEQSPRP, section 1.5(2)(d); or

(h) that is consistent with a rezoning approval, as defined inthe SEQ SPRP, that relates to the premises on which thedevelopment is carried out, if the developmententitlements under the rezoning approval are reflectedin—

(i) a planning scheme; or

(ii) a permit or notice mentioned in the SEQ SPRP,section 1.5(2)(e)(ii).

excluded material change of use means—

(a) for schedule 7, table 3, item 1, a material change of useof premises that does not involve new or changed accessbetween the premises and a State-controlled road, if 1 orboth of the following apply—

(i) the material change of use is for 1 or more of thefollowing uses—

(A) a dwelling house;

(B) a secondary dwelling associated with adwelling house on the premises;

(C) a domestic outbuilding associated with adwelling house on the premises;

(ii) the material change of use involves building workwith a gross floor area of 100m2 or less, unless the

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building work is for a service station or fast foodoutlet; or

(b) for schedule 7, table 3, item 14, a material change of useof premises that does not involve new or changed accessbetween the premises and a public passenger transportcorridor on which light rail transport infrastructure issituated, if 1 or both of the following apply—

(i) the material change of use is for 1 or more of thefollowing uses—

(A) a dwelling house;

(B) a secondary dwelling associated with adwelling house on the premises;

(C) a domestic outbuilding associated with adwelling house on the premises;

(ii) the material change of use involves building workwith a gross floor area of 250m2 or less; or

(c) for schedule 7, table 3, item 15A, a material change ofuse of premises that involves building work with a grossfloor area of 250m2 or less, or is for 1 or more of thefollowing uses—

(i) a dwelling house;

(ii) a secondary dwelling associated with a dwellinghouse on the premises;

(iii) a domestic outbuilding associated with a dwellinghouse on the premises.

excluded work—

1 Excluded work, for schedule 3, part 1, table 4, item 5,means maintenance work on a lawful work.

2 Excluded work, for schedule 3, part 1, table 4, item 5(a)also means carrying out alterations to existing lawfulboat ramps, bridges, pontoons, slipways, wharves andjetties (the existing structures) other than alterations—

(a) creating roofed structures, including sheds andgazebos; or

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(b) that change the footprint of the existing structures;
or

(c) to the dimensions or structural capacity of theexisting structures; or

(d) that may affect safe navigable access to or fromtidal water or to or from properties adjoining tidalwater, including alterations to clearance heights orlighting.

3 Excluded work, for schedule 3, part 1, table 4, item5(b)(i) and (iv) also means—

(a) minor work that—

(i) has an insignificant impact on coastalmanagement; and

(ii) is reversible or expendable; or

(b) work which the chief executive is satisfied wouldhave an insignificant impact on coastalmanagement.

4 Excluded work, for schedule 7, table 3, item 5 alsomeans work which the chief executive is satisfied wouldhave an insignificant impact on coastal management.

5 Excluded work does not include work that section165(4) of the Act applies to.

exempt bore means—

(a) a monitoring bore; or

(b) for taking or interfering with water outside the plan areaunder the Water Resource (Great Artesian Basin) Plan2006, schedule 1—any of the following bores—

(i) a water bore for working out the sustainableextraction rate of water for an aquifer;

(ii) a water bore for taking water for stock;

(iii) a water bore for taking water for domesticpurposes, as defined under the Water Act 2000,schedule 4;

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(iv) a replacement water bore.

existing levee see the Water Act 2000, section 1247(2).

extractive industry means the use of premises for extractingor processing extractive resources and any associatedactivities, including, for example, transporting the resourcesto market.

failure impact assessed means failure impact assessed underthe Water Supply Act, section 343.

failure impact assessment see the Water Supply Act, section342(1).

fast-track development, for schedule 25 [Particularapplication fees], means development that meets the criteriastated in the State development assessment provisions forfast-track development.

fire safety management plan, for a building, means the firesafety management plan for the building under the Fire andEmergency Services Act 1990.

fire safety system, for schedule 10 [Building work that isassessable development], means a fire safety system asdefined under the Building Code, volume 1, part A1.

Fisheries Act means the Fisheries Act 1994.

flood hazard area means a flood hazard area designated by alocal government under the Building Regulation 2006, section13(1)(a).

Flying Start for Queensland Children program means theprogram established by the State in June 2011 that—

(a) provides funding for new educational facilities andrefurbishments in schools; and

(b) is known as the ‘Transition of Year 7, from the last yearof primary schooling to the first year of secondaryschooling, as outlined in the Education White Paper - AFlying Start for Queensland Children’.

fodder harvesting, for schedule 25 [Particular applicationfees], see the Vegetation Management Act, schedule.

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food and drink outlet—
1 Food and drink outlet means the use of premises for thepreparation and sale of food and drink for on-site oroff-site consumption.

2 Food and drink outlet includes providing liquor foron-site consumption, if the activity is ancillary to the usementioned in paragraph 1.

Examples of a food and drink outlet—

cafe, coffee shop, drive-through facility, kiosk, milk bar, restaurant,snack bar, takeaway shop, tearoom

forest practice see the Vegetation Management Act, schedule.

freehold land see the Vegetation Management Act, schedule.

function facility means the use of premises for receptions orfunctions, including preparing and providing food and liquorfor on-site consumption as part of the reception or function.

funeral parlour—

1 Funeral parlour means the use of premises for—

(a) arranging and conducting funerals, memorials andother similar events; or

(b) a mortuary; or

(c) storing and preparing bodies for burial orcremation.

2 However, the term does not include the use of premisesfor the burial or cremation of bodies.

future public passenger transport corridor means landidentified in a guideline made under the Transport Planningand Coordination Act 1994, section 8E for any of thefollowing—

(a) busway transport infrastructure;

(b) busway transport infrastructure works;

(c) light rail transport infrastructure;

(d) light rail transport infrastructure works;

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(e) rail transport infrastructure;

(f) railway works.

future railway land see the Transport Infrastructure Act,section 242.

future State-controlled road means a road or land that thechief executive of the department in which the TransportInfrastructure Act is administered has, by written notice givento a local government and published in the gazette, indicatedis intended to become a State-controlled road under that Act,section 42.

future State-controlled transport tunnel means a tunnel thatforms part of—

(a) a future State-controlled road; or

(b) future railway land; or

(c) a future public passenger transport corridor.

garden centre—

1 Garden centre means the use of premises for the sale ofplants.

2 Garden centre includes—

(a) the use of premises for the sale of gardening andlandscape products and supplies, if the productsand supplies are primarily in pre-packaged form;and

(b) a food and drink outlet that is ancillary to the usementioned in paragraph 1.

Gold Coast waters, for schedule 12 [Operational work that isassessable development], see the Gold Coast WaterwaysAuthority Act 2012, section 7(1).

government supported transport infrastructure meanstransport infrastructure that—

(a) is funded, wholly or partly, by appropriations from theconsolidated fund; or

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(b) is funded, wholly or partly, by borrowings made by the
Government, other than commercial borrowings madeby the Queensland Treasury Corporation acting as anagent; or

(c) is funded, wholly or partly, by borrowings guaranteedby the Government, other than borrowings forcommercial investments; or

(d) is provided by a person on the basis of conditions agreedto by the Government that are intended to support thecommercial viability of the infrastructure; or

(e) is funded, wholly or partly, by the Commonwealth.

gross floor area, for a building, means the total floor area ofall storeys of the building, measured from the outside of theexternal walls and the centre of any common walls of thebuilding, other than areas used for—

(a) building services, plant or equipment; or

(b) access between levels; or

(c) a ground floor public lobby; or

(d) a mall; or

(e) parking, loading or manoeuvring vehicles; or

(f) unenclosed private balconies, whether roofed or not.

habitat connectivity value, for schedule 21 [Development inkoala habitat area], see schedule 21 [Development in koalahabitat area], section 2.

hardware and trade supplies means the use of premises forthe sale, display or hire of hardware and trade supplies,including, for example, house fixtures, timber, tools, paint,wallpaper and plumbing supplies.

health care service means the use of premises for medicalpurposes, paramedical purposes, alternative health therapiesor general health care, if overnight accommodation is notprovided on the premises.

Examples of a health care service—

dental clinic, medical centre, physiotherapy clinic

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high impact earthworks—

1 High impact earthworks means operational work that—

(a) changes the form of land, or involves placing astructure on land, in a way that diverts water to orfrom a wetland in a wetland protection area; and

(b) involves excavating or filling—

(i) if the work is carried out in the wetland orwithin 200m of the wetland—more than100m3; or

(ii) otherwise—more than 1000m3.

2 However, high impact earthworks does not includeoperational work that is—

(a) excavating to establish underground infrastructure,other than infrastructure for drainage orstormwater flows, if the excavated land is to berestored, as far as practicable, to its originalcontours after the infrastructure is established; or

(b) carried out for the maintenance of dams, fences,helipads, roads, stockyards, vehicular tracks orwatering facilities; or

(c) carried out for any of the following in relation togovernment supported transport infrastructure—

(i) the maintenance, servicing or repair of theinfrastructure;

(ii) the replacement, rehabilitation, removal oralteration of the infrastructure;

(iii) the taking of preventative or remedial action;

(iv) the maintenance of systems and servicesassociated with the infrastructure; or

(d) carried out—

(i) in tidal water; or

(ii) for a forest practice; or

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(iii) to reinstate earthworks destroyed by floods
or landslides; or

(iv) to restore or conserve the ecologicalprocesses or hydrological functions of awetland protection area; or

(v) to laser level land without change to thepreviously levelled contours or slopes; or

(vi) for government supported transportinfrastructure for which the funding andconstruction arrangements were approved bythe State or Commonwealth before 31October 2011; or

(e) carried out under—

(i) the Electricity Act 1994, section 101 or112A; or

(ii) the Fire and Emergency Services Act 1990,section 53, 68 or 69; or

(iii) a geothermal exploration permit under theGeothermal Energy Act 2010; or

(f) assessable development under schedule 12[Operational work that is assessable development]if the work is—

(i) carried out completely or partly in a declaredfish habitat area; or

(ii) constructing or raising waterway barrierworks.

high impact industry means the use of premises for anindustrial activity that is the manufacturing, producing,processing, repairing, altering, recycling, storing, distributing,transferring or treating of products, if—

(a) either of the following apply—

(i) the use involves outdoor activities carried outbetween 6p.m. and 7a.m.;

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(ii) on-site measures are required to control the risk ofemissions and impacts from dangerous goodsstored as part of the use; and

(b) the impacts of the use on other premises, or road orinfrastructure networks, are within the upper and lowerlimits for the use stated in a local planning instrumentapplying to the premises.

high-risk waterway, for schedule 25 [Particular applicationfees], means a waterway shown in the waterways spatial datalayer as a high-risk waterway.

high value agriculture clearing, for schedule 25 [Particularapplication fees], see the Vegetation Management Act,schedule.

high value rehabilitation habitat area, for schedule 21[Development in koala habitat area], see schedule 21[Development in koala habitat area], section 2.

home-based business means the use of a dwelling or domesticoutbuilding on premises for a business activity that issubordinate to the residential use of the premises.

hospital—

1 Hospital means the use of premises for—

(a) the medical or surgical care or treatment ofpatients, whether or not the care or treatmentrequires overnight accommodation; and

(b) providing accommodation for patients.

2 Hospital includes the use of premises for providingaccommodation for employees and other activities thatare ancillary to the use mentioned in paragraph 1.

hotel—

Note: The definitions of high impact industry, medium impact industry,low impact industry and service industry are subject to furtherconsideration.

If the local planning instrument does not state limits for the use, defaultlimits in the regulation may apply.

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1 Hotel means the use of premises for the primary purpose
of selling liquor for on-site consumption.

2 Hotel includes short-term accommodation, and diningand entertainment activities and facilities, that areancillary to the use mentioned in paragraph 1.

3 However, the term does not include a bar.

identified koala broad-hectare area means an area—

(a) that all of the following apply to—

(i) the area is shown on an identified koalabroad-hectare area map as an identified koalabroad-hectare area;

(ii) the area is a committed greenfield site orbring-forward greenfield site, as defined in thedocument called ‘Delivering the QueenslandHousing Affordability Strategy—Greenfield landsupply in South East Queensland’ and publishedon the department’s website;

(iii) a local planning instrument contains provisionsfacilitating the development of the area forhousing; or

(b) that both of the following apply to—

(i) the area is in an assessable development area andidentified in a gazette notice by the Minister as anidentified koala broad-hectare area;

(ii) a local planning instrument contains provisionsfacilitating the development of the area forhousing.

identified koala broad-hectare area map means each of thefollowing maps, dated 31 May 2010, and published by theDepartment of Environment and Heritage Protection—

(a) identified koala broad-hectare area—01 Oxley Wedge;

(b) identified koala broad-hectare area—02 Rochedale;

(c) identified koala broad-hectare area—03 Coomera;

(d) identified koala broad-hectare area—04 Ripley Valley;

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(e) identified koala broad-hectare area—05 Kinross Road;

(f) identified koala broad-hectare area—06 South EastThornlands;

(g) identified koala broad-hectare area—07 Palmview.

indigenous land see the Vegetation Management Act,schedule.

indoor recreation, for schedule 20 [Development in SEQregion], see schedule 20 [Development in SEQ region],section 1.

indoor sport and recreation means the use of premises for aleisure, sport or recreation activity conducted wholly orprimarily indoors.

Examples of indoor sport and recreation—

amusement parlour, bowling alley, gymnasium, squash court

industrial area means premises, however described, that isdesignated in a planning instrument as industrial, or that ispredominantly industrial in character, having regard to—

(a) dominant land uses in the area; or

(b) the relevant provisions of a planning instrumentapplying to the area.

Examples of ways of describing industrial areas—

• heavy industry

• commercial industry

• light industry

• service industry

• general industry

• waterfront industry

• extractive industry

industrial zone, for schedule 22 [Particular reconfiguring a lotrequiring code assessment], see schedule 22, section 2.

industry activity means an activity involving 1 or more of thefollowing uses—

(a) extractive industry;

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(b) high impact industry;
(c) low impact industry;

(d) marine industry;

(e) medium impact industry;

(f) research and technology industry;

(g) service industry;

(h) special industry;

(i) warehouse.

infrastructure provider, for a development application, meansa local government that is the assessment manager and—

(a) supplies trunk infrastructure for development; or

(b) has an agreement with another person that suppliestrunk infrastructure to the local government area.

intensive animal industry—

1 Intensive animal industry means the use of premises forthe intensive production of animals or animal productsin an enclosure that requires the provision of food andwater mechanically or by hand.

2 Intensive animal industry includes storing and packingfeed and produce, if the activity is ancillary to the usementioned in paragraph 1.

3 However, the term does not include the cultivation ofaquatic animals.

Examples of intensive animal industry—

feedlot, piggery, poultry and egg production

intensive animal feedlotting, for schedule 25 [Particularapplication fees], means a relevant activity mentioned in theEnvironmental Protection Regulation, schedule 2, section 2.

intensive horticulture—

1 Intensive horticulture means the use of premises for theintensive production of plants or plant material—

(a) if carried out indoors—on imported media; or

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(b) if not carried out indoors—using artificial lights orcontainers.

2 Intensive horticulture includes storing and packingplants and plant material grown on-site, if the activity isancillary to the use mentioned in paragraph 1.

3 However, the term does not include the cultivation ofaquatic plants.

Examples of intensive horticulture—

greenhouse, hydroponic farm, mushroom farm

irrigated high value agriculture clearing, for schedule 25[Particular application fees], see the Vegetation ManagementAct, schedule.

key resource area, for schedule 31 [Clearing nativevegetation], has the same meaning as in the State PlanningPolicy.

koala assessable development area means an area shown as akoala assessable development area on a map of assessabledevelopment areas.

koala habitat area, for schedule 21 [Development in koalahabitat area], see schedule 21, section 2.

koala habitat tree, for schedule 21 [Development in koalahabitat area], see schedule 21 [Development in koala habitatarea], section 2.

LAeq means the constant sound pressure level that has thesame acoustic energy as a fluctuating noise level.

lake see the Water Act 2000, schedule 4.

land use plan means—

(a) for strategic port land—a plan approved under theTransport Infrastructure Act, section 286; or

(b) for airport land—a land use plan approved under theAirport Assets Act, chapter 3, part 1.

least concern regional ecosystem, for schedule 31 [Clearingof native vegetation], means a least concern regionalecosystem under the Vegetation Management Act.

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LGA population 1 means the local government area of—
(a) Brisbane City Council; or

(b) Bundaberg Regional Council; or

(c) Cairns Regional Council; or

(d) Fraser Coast Regional Council; or

(e) Gold Coast City Council; or

(f) Ipswich City Council; or

(g) Logan City Council; or

(h) Moreton Bay Regional Council; or

(i) Redland City Council; or

(j) Scenic Rim Regional Council; or

(k) Sunshine Coast Regional Council; or

(l) Townsville City Council.

LGA population 2 means a local government area that is notan LGA population 1.

light rail transport infrastructure see the TransportInfrastructure Act, schedule 6.

light rail transport infrastructure works see the TransportInfrastructure Act, schedule 6.

local instrument means a local planning instrument orvariation approval.

loss of capacity, of tidal land, for schedule 25 [Particularapplication fees], means the loss of the capacity of the land tosustain marine plants of the quality or quantity sustained onthe land before operational work is carried out.

low impact industry means the use of premises for anindustrial activity that is the manufacturing, producing,processing, repairing, altering, recycling, storing, distributing,transferring or treating of products, if—

(a) the activity is carried out primarily indoors, with none ofthe activities, whether indoor or outdoor, being carriedout between 6pm and 7am; and

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(b) on-site measures are not required to control the risk ofemissions and impacts from dangerous goods stored aspart of the use; and

(c) the impact of the use on other premises, or road orinfrastructure networks, does not exceed the limits forthe use stated in a local planning instrument applying tothe premises.

low-risk waterway, for schedule 25 [Particular applicationfees], means a waterway shown in the waterways spatial datalayer as a low-risk waterway.

Lyngbya, for schedule 8 [Accepted development], means aplant of the genus Lyngbya.

maintenance cover, for a sewer, stormwater drain or watermain, means a cover, whether above, at, or below groundlevel, for a chamber through which a person, machine ordevice may gain access to the sewer, stormwater drain orwater main for the purpose of inspecting, maintaining orreplacing the sewer, stormwater drain or water main.

major hazard facility see the Work Health and SafetyRegulation 2011, schedule 19.

major-risk waterway, for schedule 25 [Particular applicationfees], means a waterway shown in the waterways spatial datalayer as a major-risk waterway.

major sport, recreation and entertainment facility means theuse of premises for large-scale events, including, for example,major sporting, recreation, conference and entertainmentevents.

Examples of a major sport, recreation and entertainment facility—

convention centre, exhibition centre, horse racing facility, sportsstadium

map of assessable development areas means each of thefollowing maps, dated 31 May 2010, and published by theDepartment of Environment and Heritage Protection—

(a) map SPRP_KHT4;

(b) map SPRP_KHT7;

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(c) map SPRP_KHT10;
(d) map SPRP_KHT13;

(e) map SPRP_KHT14;

(f) map SPRP_KHT18;

(g) map SPRP_KHT19;

(h) map SPRP_KHT20;

(i) map SPRP_KHT23;

(j) map SPRP_KHT24;

(k) map SPRP_KHT25;

(l) map SPRP_KHT29.

map of koala habitat values, for schedule 21 [Development inkoala habitat area], see schedule 21, section 2.

mapped area, for part 7 [Urban encroachment], see section54(1)(a)(i).

marine industry—

1 Marine industry means the use of premises for anactivity based on the waterfront involving themanufacture, storage, repair or servicing of vessels ormaritime infrastructure.

2 Marine industry includes providing fuel and disposingof waste, if the activities are ancillary to the usementioned in paragraph 1.

Examples of marine industry—

boat building, boat storage, dry dock

marine plant see the Fisheries Act, section 8.

Marine Safety Act means the Transport Operations (MarineSafety) Act 1994.

market—

1 Market means the use of premises on a regular basis forthe sale of goods to the public, where the goods areprimarily sold from temporary structures, including, forexample, stalls, booths or trestle tables.

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2 Market includes providing entertainment if the activityis ancillary to the use mentioned in paragraph 1.

master planned area, for a priority port, see the SustainablePorts Development Act 2015, section 6.

maximum flow velocity of water, for schedule 10 [Buildingwork that is assessable development], see the BuildingRegulation 2006, section 13(5).

medium impact industry means the use of premises for anindustrial activity that is the manufacturing, producing,processing, repairing, altering, recycling, storing, distributing,transferring or treating of products, if—

(a) any of the following apply—

(i) the activity is carried out between 6pm and 7am,but not outdoors;

(ii) the activity involves the storage of dangerousgoods and requires on-site measures to control therisk of emissions and impacts from dangerousgoods stored as part of the use; and

(b) the impacts of the use on other premises, or road orinfrastructure networks, are within the upper and lowerlimits for the use stated in a local planning instrumentapplying to the premises.

medium value rehabilitation habitat area, for schedule 21[Development in koala habitat area], see schedule 21[Development in koala habitat area], section 2.

miscellaneous transport infrastructure see the TransportInfrastructure Act, section 416.

modify, for an existing levee, see the Water Regulation 2002,schedule 17.

monitoring bore means a water bore used for monitoring—

(a) the physical characteristics of an aquifer; or

(b) the physical, chemical or biological characteristics ofwater in an aquifer.

Examples of physical characteristics of water—

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standing water level, water discharge rate, water pressure
motor sport facility—

1 Motor sport facility means the use of premises fororganised or recreational motor sports.

2 Motor sport facility includes facilities provided forspectators, including, for example, stands, amenities andfood and drink outlets.

Examples of a motor sport facility—

car race track, go-kart track, trail bike park, 4WD park

multiple dwelling means a residential use of premisesinvolving 3 or more dwellings, whether attached orunattached, for separate households.

native vegetation means vegetation under the VegetationManagement Act.

nature-based tourism means the use of premises for a tourismactivity, including accommodation for tourists, for theappreciation, conservation or interpretation of—

(a) an area of environmental, cultural or heritage value; or

(b) a local ecosystem; or

(c) the natural environment.

Examples of nature-based tourism—

environmentally responsible accommodation facilities including cabins,huts, lodges and tents

necessary environmental clearing, for schedule 25[Particular application fees], see the Vegetation ManagementAct, schedule.

new or changed access, between premises and aState-controlled road or public passenger transport corridor onwhich light rail transport infrastructure is situated, means—

(a) the use of a new location as a relevant vehicular accessbetween the premises and the State-controlled road orpublic passenger transport corridor; or

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(b) the construction of a new relevant vehicular accessbetween the premises and the State-controlled road orpublic passenger transport corridor; or

(c) an extension of an existing relevant vehicular accessbetween the premises and the State-controlled road orpublic passenger transport corridor; or

Example for paragraph (c)—

widening a driveway to allow access by a wide-turning vehicle

(d) an increase in the number of vehicles regularly using anexisting relevant vehicular access between the premisesand the State-controlled road or public passengertransport corridor; or

(e) a change in the type of vehicles regularly using anexisting relevant vehicular access between the premisesand the State-controlled road or public passengertransport corridor.

nightclub entertainment facility—

1 Nightclub entertainment facility means the use ofpremises for providing entertainment that is cabaret,dancing or music.

2 Nightclub entertainment facility includes the sale ofliquor and food for on-site consumption, if the activity isancillary to the use mentioned in paragraph 1.

noise attenuation land means land shown as noise attenuationland on map XXXX, dated XXXX, and published by thedepartment.

noise sensitive place means a dwelling used for residentialpurposes or short-term accommodation.

non-juvenile koala habitat tree, for schedule 21[Development in koala habitat area], see schedule 21[Development in koala habitat area], section 2.

non-resident worker means a person who—

(a) performs work as part of—

(i) a resource extraction project; or

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(ii) a project identified in a planning scheme as a major
industry or infrastructure project; or

(iii) a rural use; and

(b) lives, for extended periods, in the locality of the project,but has a permanent residence elsewhere.

Example of a non-resident worker—

a person engaged in fly-in/fly-out, or drive in/drive out, workingarrangements

non-resident workforce accommodation—

1 Non-resident workforce accommodation means the useof premises for accommodation for non-residentworkers.

2 Non-resident workforce accommodation includesproviding recreation and entertainment facilities for theuse of residents and their visitors, if the facilities areancillary to the use mentioned in paragraph 1.

non-State school means a school that is provisionallyaccredited, or accredited, under the Education (Accreditationof Non-State Schools) Act 2001.

of concern regional ecosystem means an of concern regionalecosystem under the Vegetation Management Act.

office—

(a) means the use of premises for—

(i) providing an administrative, financial,management or secretarial service or function; or

(ii) the practice of a profession; or

(iii) providing business or professional advice orservices; and

(b) does not include the use of premises for making, sellingor hiring goods.

Examples of an office—

bank, real estate agency

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off-road motorcycling includes activities such as motocross,enduro, dirt track riding, moto-trials, mini-khana andrecreational trail bike riding.

off-road motorcycling facility—

(a) means the use of premises for off-road motorcycling;and

(b) includes the use of premises for facilities that areancillary to the use mentioned in paragraph (a),including, for example—

(i) camping facilities;

(ii) caretaker’s accommodation;

(iii) club house facilities;

(iv) pit areas;

(v) spectator facilities;

(vi) toilets, ablution and shower or change roomfacilities;

(vii) vehicle and equipment storage facilities;

(viii)viewing stands.

off-road motorcycling facility land means—

(a) lot 50 on SP233714, County of Ward, Parish ofDugandan; and

(b) lot 1 on RP61998, County of Ward, Parish of Dugandan;and

(c) lot 1 on RP61996, County of Ward, Parish of Dugandan;and

(d) lot 3 on RP61997, County of Ward, Parish of Dugandan;and

(e) lot 39 on RP17872, County of Ward, Parish ofDugandan; and

(f) lot 38 on RP17872, County of Ward, Parish ofDugandan.

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other rail infrastructure see the Transport Infrastructure Act,
schedule 6.

outdoor sales—

1 Outdoor sales means the use of premises for the display,sale, hire or lease of vehicles, boats, caravans,machinery, equipment or other similar products, wherethe use is primarily conducted outdoors.

2 Outdoor sales includes repairing, servicing, selling orfitting accessories for the items mentioned in paragraph1, if the activity is ancillary to the use mentioned inparagraph 1.

outdoor sport and recreation—

1 Outdoor sport and recreation means the use of premisesfor a recreation or sporting activity that is carried onoutdoors and requires areas of open space.

2 Outdoor sport and recreation includes providing andselling food and drink, change room facilities andstorage facilities, if the activities and facilities areancillary to the use mentioned in paragraph 1.

Examples of outdoor sport and recreation—

cricket oval, driving range, golf course, swimming pool, tennis court

overland flow water see the Water Act 2000, schedule 4.

park means the use of premises for sport, recreation andleisure activities and facilities, if the premises are accessibleto the public free of charge.

parking station means the use of premises for parkingvehicles, other than parking that is ancillary to another use.

PDA-related development means—

(a) development carried out in a priority development area;or

(b) development for a priority development area that is notcarried out within the area.

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pig keeping, for schedule 25 [Particular application fees],means a relevant activity mentioned in the EnvironmentalProtection Regulation, schedule 2, section 3.

place of worship—

1 Place of worship means the use of premises fororganised worship and other religious activities.

2 Place of worship includes social, education andcharitable activities that are ancillary to the usementioned in paragraph 1.

plan of subdivision means a plan or agreement, howeverdescribed, for reconfiguring a lot, other than—

(a) a plan, however described, for reconfiguring a lot if thereconfiguration relates to—

(i) the acquisition, including by agreement, under theAcquisition Act, of land by a constructingauthority, as defined in that Act, or an authorisedelectricity entity, for a purpose for which land maybe taken under that Act; or

(ii) the acquisition by agreement, other than under theAcquisition Act, of land by a constructingauthority, as defined in that Act, for a purpose forwhich land may be taken under that Act; or

(iii) land held by the State, or a statutory bodyrepresenting the State, that is being reconfiguredfor a purpose for which land may be taken underthe Acquisition Act, whether or not the land relatesto an acquisition; or

(iv) the acquisition of land for water infrastructure; or

(v) a lot that is, or includes, airport land, strategic portland or Brisbane core port land; or

(b) a plan lodged under the Acquisition Act, section 12A asa result of a reconfiguration mentioned in paragraph(a)(i).

PMAV means a property map of assessable vegetation underthe Vegetation Management Act.

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population at risk, for schedule 25 [Particular application
fees], see the Water Supply Act, section 346(2).

port authority see the Transport Infrastructure Act, schedule6.

port operator see the Transport Infrastructure Act, section267.

port overlay, for a priority port’s master planned area, meansthe port overlay made for the area under the Sustainable PortsDevelopment Act 2015, part 2, division 3.

port service means the use of premises for 1 or more of thefollowing activities—

(a) the arrival and departure of vessels;

(b) the movement of passengers or goods on or off vessels;

(c) storing, servicing, maintaining or repairing vessels;

(d) ancillary activities that directly service the needs ofpassengers of the vessels.

poultry farming, for schedule 25 [Particular application fees],means a relevant activity mentioned in the EnvironmentalProtection Regulation, schedule 2, section 4.

prescribed assessable development means development statedin schedules 10 to 14 to be assessable development.

prescribed clearing, for schedule 16 [Referral agencyassessment for assessable development under localcategorising instrument], means—

(a) for vegetation on freehold land or land subject to a leaseunder the Land Act—clearing the vegetation to theextent necessary for building a single dwelling on a lot,and any reasonably associated building or structure, ifno other dwelling exists on the lot; or

(b) for vegetation on indigenous land—clearing thevegetation to the extent necessary for buildingdwellings, and any reasonably associated building orstructure, for Aboriginal or Torres Strait Islanderinhabitants of the land or persons providing educational,

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health, police or other community services for theinhabitants.

prescribed subdivision means a subdivision that—

(a) is excluded development; or

(b) does not create a new lot; or

(c) creates only 1 new lot, if the new lot is to be used for acemetery, a correctional facility, a crematorium,emergency services or infrastructure for water, wastemanagement, telecommunications or electricity; or

(d) divides 1 lot into 2 lots if—

(i) the divided lot is severed by a road that wasgazetted before 2 March 2006; and

(ii) the road forms a boundary between the lots; or

(e) is consistent with a development approval for a materialchange of use that applies to the lot, if—

(i) the application for the approval was properly madeunder the repealed Integrated Planning Act 1997before 31 October 2006; or

(ii) the material change of use was assessed by areferral agency against the SEQ SPRP, division 2;or

(iii) the material change of use was assessed by areferral agency under schedule 20 [Development inSEQ region], part 3.

prescribed urban area, for schedule 31 [Clearing nativevegetation], means—

(a) an area identified in a gazette notice by the chiefexecutive as an urban area; or

(b) if no gazette notice has been published—an areaidentified as an area intended specifically for urbanpurposes, including future urban purposes (but not ruralresidential or future rural residential purposes), on amap in a planning scheme that—

(i) identifies the areas using cadastral boundaries; and

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(ii) is used exclusively or primarily to assess
development applications.

Example of a map for paragraph (b)—

a zoning map

priority development area means a priority development areaunder the Economic Development Act 2012.

priority koala assessable development area means an areashown as a priority koala assessable development area on amap of assessable development areas.

priority port see the Sustainable Ports Development Act 2015,section 5.

private certifier (class A), for schedule 6 [Assessmentmanager for development application], means a privatecertifier whose licence under the Building Act hasdevelopment approval endorsement under that Act.

private purpose, for schedule 25 [Particular application fees],see the Coastal Regulation, schedule 4A, section 3.

proposed major hazard facility see the Work Health andSafety Regulation 2011, schedule 19.

public housing—

(a) means housing—

(i) provided by, or for, the State or a statutory bodyrepresenting the State; and

(ii) for short or long term residential use; and

(iii) totally or partly subsidised by the State or astatutory body representing the State; and

(b) includes services provided for residents of the housing,if the services are totally or partly subsidised by theState or a statutory body representing the State.

public passenger transport corridor means land—

(a) on which any of the following transport infrastructure issituated, if the infrastructure is, or is to be, used forproviding a public passenger service, as defined under

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the Transport Operations (Passenger Transport) Act1994, schedule 3—

(i) busway transport infrastructure;

(ii) light rail transport infrastructure;

(iii) rail transport infrastructure; or

(b) on which the following works are being done, if theworks relate to transport infrastructure that paragraph(a) applies to—

(i) busway transport infrastructure works;

(ii) light rail transport infrastructure works;

(iii) railway works; or

(c) on which other services are provided for themaintenance or operation of transport infrastructure thatparagraph (a) applies to.

QDC means the Queensland Development Code.

QPW code, for schedule 10 [Building work that is assessabledevelopment], see the Standard Plumbing and DrainageRegulation 2003, section 4A.

qualitative statement see the Building Act, section 33(6).

quantifiable standard, for schedule 10 [Building work that isassessable development], see the Building Act, section 33(6).

Queensland Development Code means the version, current atthe relevant time, of the document called ‘QueenslandDevelopment Code’ published by the department in which theBuilding Act is administered.

rail transport infrastructure see the Transport InfrastructureAct, schedule 6.

railway means land on which rail transport infrastructure orother rail infrastructure is situated.

railway manager, for schedule 7 [Development localcategorising instrument may not state is assessabledevelopment], see the Transport Infrastructure Act, schedule6.

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railway works see the Transport Infrastructure Act, schedule
6.

referral agency application fee see schedule 25 [Particularapplication fees], section 6(1).

referral agency application fee component, for schedule 25[Particular application fees], see schedule 25, section 6(2).

regional landscape and rural production area, for schedule20 [Development in SEQ region], see schedule 20[Development in SEQ region], section 1.

registered non-profit organisation, for schedule 25[Particular application fees], means an incorporatedorganisation that is—

(a) currently recorded in the register kept under theCollections Act 1966, part 6; or

Editor’s note—

The register of charities kept under the Collections Act 1966 canbe inspected on the website of the Office of Fair Trading atwww.fairtrading.qld.gov.au.

(b) currently recorded in a register kept under a law ofanother State substantially corresponding to the registerkept under the Collections Act 1966, part 6; or

(c) a registered entity within the meaning of the AustralianCharities and Not-for-profits Commission Act 2012(Cwlth).

Editor’s note—

The Australian Charities and Not-for-profits Register kept underthe Australian Charities and Not-for-profits Commission Act2012 (Cwlth) can be inspected on the website of the AustralianCharities and Not-for-profits Commission at www.acnc.gov.au.

regulatory maps means maps SEQ RP1 to SEQ RP 32, datedJuly 2009 and published on the department’s website.

regulated regrowth vegetation means regulated regrowthvegetation under the Vegetation Management Act.

regulated vegetation management map see the VegetationManagement Act, section 20A.

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rehabilitation habitat area, for schedule 21 [Development inkoala habitat area], see schedule 21 [Development in koalahabitat area], section 2.

relevant aspect, of development the subject of a developmentapplication, for schedule 25 [Particular application fees]—

(a) for an assessment manager application fee—seeschedule 25, section 1(1); or

(b) for a referral agency application fee—see schedule 25,section 6(1).

relevant service provider, for schedule 10 [Building work thatis assessable development], means any of the followingpersons—

(a) for a sewer—the sewerage service provider, as definedunder the Water Supply Act, schedule 3, for the sewer;

(b) for a water main—the water service provider, as definedunder the Water Supply Act, schedule 3, for the watermain;

(c) for a stormwater drain—the owner of the stormwaterdrain.

relevant vehicular access, to a State-controlled road, orbetween premises and a State-controlled road or publicpassenger transport corridor, means—

(a) a road, other than a pedestrian or bicycle path, thatprovides access to the State-controlled road, or betweenthe premises and the State-controlled road or publicpassenger transport corridor; or

(b) a driveway that provides access to the State-controlledroad, or between the premises and the State-controlledroad or public passenger transport corridor.

relevant zone, for schedule 22 [Particular reconfiguring a lotrequiring code assessment], see schedule 22, section 2.

relocatable home park—

1 Relocatable home park means the use of premises forrelocatable dwellings for long-term residentialaccommodation.

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2 Relocatable home park includes amenity facilities, food
and drink outlets, a manager’s residence and recreationfacilities for the exclusive use of residents, if theactivities and facilities are ancillary to the usementioned in paragraph 1.

remnant vegetation means remnant vegetation under theVegetation Management Act.

repealed koala State planning policy means the Stateplanning policy, made under the old Act, called ‘StatePlanning Policy 2/10–Koala Conservation in South EastQueensland’ as in force immediately before the State planningpolicy was repealed under the old Act.

replacement water bore means a water bore that—

(a) is constructed or installed to replace a water bore (theprevious bore) that was used for taking, or interferingwith, water and was—

(i) approved under a development permit; or

(ii) the subject of another approval, however described,taken to be a development permit under the WaterAct 2000, section 1048A; or

(iii) taken to be a lawful use of premises under section681(1) of the old Act; and

(b) is located on the same premises as, and within 10m of,the previous bore; and

(c) taps the aquifer that the previous bore tapped.

research and technology industry means the use of premisesfor an innovative or emerging industry involving designingand researching, assembling, manufacturing, maintaining,storing or testing machinery or equipment.

Examples of research and technology industries—

aeronautical engineering, biotechnology industries, computercomponent manufacturing, computer server facilities, energy industries,medical laboratories

residential care facility means the use of premises forsupervised accommodation and medical and other support

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services for persons who can not live independently andrequire regular nursing or personal care.

Examples of a residential care facility—

convalescent home, nursing home

residential clearing, for schedule 31 [Clearing of nativevegetation]—

(a) for the clearing of vegetation on freehold land or landsubject to a lease under the Land Act—means clearingthe vegetation to the extent necessary for building asingle dwelling on a lot, and any reasonably associatedbuilding or structure, if the building of the dwelling is—


(ii) building work carried out by, or on behalf of, theState, a public sector entity or a local government;or

(iii) for public housing; or

(b) for the clearing of vegetation on indigenousland—means clearing the vegetation to the extentnecessary for building dwellings, and any reasonablyassociated building or structure, for Aboriginal or TorresStrait Islander inhabitants of the land or personsproviding educational, health, police or othercommunity services for the inhabitants, if the buildingof the dwellings is—


(ii) building work carried out by, or on behalf of, theState, a public sector entity or a local government;or

(iii) for public housing.

residential development, for schedule 20 [Development inSEQ region], see schedule 20 [Development in SEQ region],section 1.

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residential zone means premises, however described,
designated in a local categorising instrument as residential.

Examples of ways of describing premises—

• general residential

• park residential

• residential living

• residential choice

• residential low density

• residential medium density

• residential high density

resort complex—

1 Resort complex means the use of premises for touristand visitor accommodation that includes integratedleisure facilities, including, for example—

(a) restaurants; or

(b) bars; or

(c) meeting and function facilities; or

(d) sporting and fitness facilities.

2 Resort complex includes—

(a) staff accommodation that is ancillary to the usementioned in paragraph 1; and

(b) transport facilities directly associated with thetourist facility, including, for example, a ferryterminal or air service.

resource allocation authority, for schedule 25 [Particularapplication fees], means a resource allocation authority givenunder the Fisheries Regulation 2008, chapter 5, part 3.

retirement facility—

1 Retirement facility means a residential use of premisesfor the accommodation of older members of thecommunity or retired persons in independent livingunits or serviced units.

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2 Retirement facility includes amenity and communityfacilities, a manager’s residence, health care and supportservices, preparing food and drink and staffaccommodation, if the activities and facilities areancillary to the use mentioned in paragraph 1.

road frontage, for premises, means the boundary between thepremises and a road adjoining the premises.

rooming accommodation—

1 Rooming accommodation means the use of premises forresidential accommodation, if each resident—

(a) has a right to occupy 1 or more rooms on thepremises; and

(b) does not have a right to occupy the whole of thepremises; and

(c) does not occupy a self-contained unit or has onlylimited facilities available for private use; and

(d) shares other rooms, facilities, furniture orequipment outside of the resident’s room with 1 ormore other residents, whether or not the rooms,facilities, furniture or equipment are on the same ordifferent premises.

2 Rooming accommodation includes providing food andother services to residents, a manager’s residence and anoffice if the uses or activities are ancillary to the usementioned in paragraph 1.

Examples of rooming accommodation—

boarding house, hostel, monastery, off-site student accommodation

routine management, for clearing native vegetation on land,means the clearing of native vegetation—

(a) to establish a necessary fence, road or vehicular track ifthe maximum width of clearing for the fence, road ortrack is 10m; or

(b) to construct necessary built infrastructure, includingcore airport infrastructure, other than contour banks,fences, roads or vehicular tracks, if—

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(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 than2ha; or

(c) on freehold land by the owner of the land to sourceconstruction timber for establishing necessaryinfrastructure on any land of the owner, if—

(i) the clearing does not cause land degradation, asdefined under the Vegetation Management Act;and

(ii) restoration of a similar type, and to the extent ofthe removed trees, is ensured; or

(d) by the lessee of land subject to a lease given under theLand Act for agriculture or grazing purposes to sourceconstruction timber, other than commercial timber, forestablishing necessary infrastructure on the land, if—

(i) the clearing does not cause land degradation, asdefined under the Vegetation Management Act;and

(ii) restoration of a similar type, and to the extent ofthe removed trees, is ensured.

rural industry—

1 Rural industry means the use of premises for storing,processing or packaging products from a rural use.

2 Rural industry includes the sale of products from a ruraluse, if the activity is ancillary to the use mentioned inparagraph 1.

rural living area, for schedule 20 [Development in SEQregion], see schedule 20 [Development in SEQ region],section 1.

rural workers’ accommodation means the use of premises asaccommodation, whether or not self-contained, for employeesof a rural activity, if—

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(a) the premises, and the premises where the rural activity iscarried out, are owned by the same person; and

(b) the employees are not non-resident workers.

rural zone means premises, however described, designated ina local categorising instrument as rural.

safe koala movement measure, for schedule 21 [Developmentin koala habitat area], see schedule 21 [Development in koalahabitat area], section 2.

sales office means the use of premises on a non-permanentbasis for the display of land parcels or buildings that are forsale or proposed to be sold, or that can be won as a prize in acompetition.

school means a State school or non-State school.

schedule 30 dwelling means a dwelling of any of thefollowing types—

(a) a dwelling house;

(b) a dwelling unit;

(c) a self-contained residence in a dual occupancy;

(d) a self-contained residence in a multiple dwelling;

(e) caretaker’s accommodation;

(f) an independent accommodation unit in a retirementfacility.

Examples for paragraph (f)—

• an independent living unit

• a serviced unit

• an on-site residence for the manager of a retirement facility

secondary dwelling means a dwelling, whether attached orunattached, that is used in conjunction with, and subordinateto, another dwelling on the same lot.

sensitive land use means a use that is—

(a) caretaker’s accommodation; or

(b) a childcare centre; or

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(c) a community residence; or
(d) a detention facility; or

(e) a dual occupancy; or

(f) a dwelling house; or

(g) a dwelling unit; or

(h) an educational establishment; or

(i) a health care service; or

(j) a hospital; or

(k) a hotel; or

(l) a multiple dwelling; or

(m) non-resident workforce accommodation; or

(n) a relocatable home park; or

(o) a residential care facility; or

(p) a resort complex; or

(q) a retirement facility; or

(r) rooming accommodation; or

(s) rural workers’ accommodation; or

(t) short-term accommodation; or

(u) a tourist park.

SEQ development area means land in the SEQ regionidentified in a gazette notice by the Minister as—

(a) a local development area; or

(b) a regional development area.

SEQ regional plan, for schedule 20 [Development in SEQregion], see schedule 20 [Development in SEQ region],section 1.

SEQ rural precinct means land in the SEQ region identifiedin a gazette notice by the Minister as a rural precinct.

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SEQ SPRP means the State planning regulatory provisionsmade under the old Act for the SEQ region and as in forceimmediately before the repeal of the old Act.

SEQ urban footprint means a part of the SEQ region shownon the regulatory maps as urban footprint.

service industry means the use of premises for an industrialactivity that—

(a) does not result in off-site air, noise or odour emissions;and

(b) is suitable for location with other non-industrial uses.

Examples of service industries—

audio visual equipment repair, bicycle repairs, clock and watch repairs,computer repairs, dry cleaning, film processing, hand engraving,jewellery making, laundromat, locksmith, picture framing, shoe repairs,tailor

service station—

1 Service station means the use of premises for the sale offuel, including, for example, petrol, liquid petroleumgas, automotive distillate and alternative fuels.

2 Service station includes food and drink outlets, shops,trailer hire and maintaining, repairing, servicing andwashing vehicles, if the activities are ancillary to the usementioned in paragraph 1.

sewer—

1 Sewer means a sewer under the Plumbing and DrainageAct.

2 Sewer includes a maintenance cover for the sewer.

shop means the use of premises for the display, sale or hire ofgoods or for providing personal services or betting to thepublic.

Examples of a shop—

betting agency, corner store, department store, discount variety store,hair dressing salon, liquor store, supermarket

shopping centre means the use of premises for an integratedshopping complex consisting primarily of shops.

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short-term accommodation—
1 Short-term accommodation means the use of premisesto provide accommodation of less than 3 consecutivemonths to tourists or travellers.

2 Short-term accommodation includes a manager’sresidence, offices and recreation facilities for theexclusive use of guests, if the activities and facilities areancillary to the use mentioned in paragraph 1.

3 However, the term does not include a hotel,nature-based tourism, a resort complex or a tourist park.

showroom means the use of premises for the sale of goodsthat—

(a) are of a related product line; and

(b) have a size, shape or weight that requires—

(i) a large area for handling, display or storage of thegoods; and

(ii) direct vehicle access to the building containing thegoods by members of the public to enable theloading and unloading of the goods.

Examples of a showroom—

bulk stationary supplies, bulky goods sales, motor vehicle salesshowroom

significant community project, for schedule 31 [Clearing ofnative vegetation], means a significant community projectunder the Vegetation Management Act, section 10(5).

significant residual impact see the Environmental Offsets Act2014.

site suitability statement, for premises, means a site suitabilitystatement included in a site investigation report or validationreport for the premises under the Environmental ProtectionAct.

sole-occupancy unit, for schedule 29 [Special fire services],means a room or other part of a building used as a dwelling bya person to the exclusion of any other person.

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special industry means the use of premises for an industrialactivity that is the manufacturing, producing, processing,repairing, altering, recycling, storing, distributing, transferringor treating of products, if—

(a) any of the following apply—

(i) the use involves outdoor activities carried outbetween 6pm and 7am;

(ii) on-site measures are required to control the risk ofemissions and impacts from dangerous goodsstored as part of the use; and

(b) the impacts of the use on other premises, or road orinfrastructure networks, exceed the limits for the usestated in a local planning instrument applying to thepremises.

sport and recreation activity—

(a) means outdoor sport and recreation; and

(b) includes the use of premises for a clubhouse, grandstandor tourist accommodation associated with outdoor sportand recreation.

spring see the Water Act 2000, schedule 4.

State-controlled road includes 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) land described in the Transport Infrastructure Act,schedule 4.

State development area means a State development areaunder the State Development Act.

State development assessment provisions means thedocument called ‘State development assessment provisions’

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made by the Minister on XXXX and published on the
department’s website.

State Planning Policy means the State planning policy datedJuly 2014 and published on the department’s website.

State school means a school established under the Education(General Provisions) Act 2006, section 13.

State toll road corridor land see the Transport InfrastructureAct, schedule 6.

storey—

1 Storey means a space within a building between 2 floorlevels, 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, toilet orother sanitary compartment; or

(iii) a combination of things mentioned insubparagraphs (i) or (ii); or

(b) a basement, if the ceiling of the basement is notmore than 1m above ground level.

2 Storey includes—

(a) a mezzanine; and

(b) a roofed structured that is on, or part of, a rooftop,if the structure does not solely accommodatebuilding plant and equipment.

stormwater drain—

1 Stormwater drain means infrastructure used forreceiving, storing, transporting or treating stormwater.

2 Stormwater drain includes a maintenance cover for thestormwater drain.

strategic airport means a strategic airport within the meaningof the State Planning Policy.

subartesian water see the Water Act 2000, schedule 4.

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subdivision means reconfiguring a lot mentioned in the Act,schedule 2, definition reconfiguring a lot, paragraphs (a) and(d).

substation—

1 Substation means the use of premises as part of atransmission grid or supply network to—

(a) convert or transform electrical energy from onevoltage to another; or

(b) regulate voltage in an electrical circuit; or

(c) control electrical circuits; or

(d) switch electrical current between circuits.

2 Substation includes the use of premises for atelecommunications facility for works, as defined underthe Electricity Act 1994, section 12(1), or for workforceoperational and safety communications.

substation site—

1 Substation site means premises larger than 50m2

containing a substation.

2 Substation site does not include premises used for—

(a) pole mounted substations, transformers or voltageregulators; or

(b) pad mounted substations or transformers.

supply network see the Electricity Act 1994, section 8.

telecommunications facility means the use of premises for afacility that carries, or is capable of carrying, communicationsand signals by means of guided or unguided electromagneticenergy.

theatre—

1 Theatre means the use of premises for—

(a) presenting movies, live entertainment or music tothe public; or

(b) the production of film or music.

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2 Theatre includes preparing and selling food and drink
for on-site consumption, facilities for editing andpost-production, facilities for wardrobe, laundry andmake-up, set construction workshops and sound stages,if the activities and facilities are ancillary to the usementioned in paragraph 1.

Examples of a theatre—

cinema, concert hall, film studio, music recording studio

thinning, for schedule 25 [Particular application fees], see theVegetation Management Act, schedule.

tidal land see the Fisheries Act, schedule.

tidal water see the Coastal Act, schedule.

tourist accommodation means the use of premises forproviding accommodation of less than 3 consecutive monthsto tourists or travellers.

tourist activity—

(a) means the use of premises for an activity that relies onthe tourist trade; and

(b) includes a commercial or retail activity that is ancillaryto the use mentioned in paragraph (a).

Examples of tourist activities—

nature-based tourism, resort complex, short-term accommodation,tourist attraction, tourist park

tourist attraction—

1 Tourist attraction means the use of premises to provideon-site entertainment to, or a recreation facility for, thegeneral public.

2 Tourist attraction includes the preparation and sale offood and drink for on-site consumption, if the activity isancillary to the use mentioned in paragraph 1.

Examples of a tourist attraction—

theme park, zoo

tourist park—

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1 Tourist park means the use of premises for holidayaccommodation in caravans, self-contained cabins, tentsand other similar structures.

2 Tourist park includes amenity facilities, food and drinkoutlets, a manager’s residence, offices, recreationfacilities for the use of residents and their visitors, andstaff accommodation, if the activities and facilities areancillary to the use mentioned in paragraph 1.

transmission grid see the Electricity Act 1994, section 6.

transport reasons, for schedule 17 [Referral agencyassessment for development at Port of Brisbane]. see theTransport Infrastructure Act, section 283I.

trust land means land comprising a reserve or deed of grant intrust under the Land Act.

TSA, for schedule 30 [Development impacting on Statetransport infrastructure], means total site area for adevelopment application.

unallocated State land see the Land Act, schedule 6.

urban activity—

(a) means the use of premises for a residential, industrial,retail or commercial activity; and

(b) does not include—

(i) an aeronautical facility; or

(ii) animal keeping; or

(iii) a cemetery; or

(iv) a community activity; or

(v) a crematorium; or

(vi) emergency services; or

(vii) a forestry or primary industry activity, including anactivity that is reasonably associated with theforestry or primary industry activity; or

(viii) infrastructure for water, waste management,telecommunications or electricity; or

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(ix) a sport and recreation activity; or
(x) a tourist activity.

urban purposes means purposes for which land is used incities or towns, including residential, industrial, sporting,recreation and commercial purposes, but not includingenvironmental, conservation, rural, natural or wilderness areapurposes.

utility installation means the use of premises for any of thefollowing services or facilities—

(a) a service for supplying or treating water, hydraulicpower or gas;

(b) a sewerage, drainage or stormwater service;

(c) a transport service;

(d) a waste management service;

(e) a maintenance depot, storage depot or other facility for aservice mentioned in paragraphs (a) to (d).

UXO area management advice means a notice given by theadministering authority under the Environmental ProtectionAct to a local government about planning for, or managing,land contaminated because of unexploded ordnance.

Vegetation Management Act means the VegetationManagement Act 1999.

veterinary service—

1 Veterinary service means the use of premises for themedical and surgical treatment of animals.

2 Veterinary service may include facilities for theshort-term stay of animals, if the facilities are ancillaryto the use mentioned in paragraph 1.

warehouse—

1 Warehouse means the use of premises for storing ordistributing goods, whether or not carried out in abuilding.

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2 Warehouse includes the wholesale of goods, if theactivity is ancillary to the use mentioned in paragraph 1.

Examples of a warehouse—

self-storage facility, storage yard

water bore see the Water Act 2000, schedule 4.

watercourse—

1 Generally, watercourse means a watercourse as definedunder the Water Act 2000, schedule 4.

2 Watercourse, for schedule 31 [Clearing of nativevegetation], section 1(2), has the meaning given by theVegetation Management Act, schedule.

water main—

1 Water main means infrastructure used for transportingwater, other than stormwater.

2 Water main includes a maintenance cover for thestormwater drain.

water resource plan means a water resource plan under theWater Act 2000.

Water Supply Act means the Water Supply (Safety andReliability) Act 2008.

waterway, for a provision about constructing or raisingwaterway barrier works, see the Fisheries Act, schedule.

waterway barrier works see the Fisheries Act, schedule.

waterways spatial data layer means the document called‘Queensland waterways for waterway barrier works’ made bythe department in which the Fisheries Act is administered andpublished on the Queensland Government InformationService website.

Note—

The Queensland Government Information Service website is<dds.information.qld.gov.au/DDS/>.

Note: This spatial layer is currently being updated and updated links willbe included in the final regulation.

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wetland see the Environmental Protection Regulation,
schedule 12.

wetland protection area see the Environmental ProtectionRegulation, schedule 12.

wholesale nursery—

1 Wholesale nursery means the use of premises for thewholesale of plants grown on or adjacent to thepremises.

2 Wholesale nursery includes the sale of gardeningmaterials, if the activity is ancillary to the use mentionedin paragraph 1.

winery means the use of premises for—

(a) manufacturing wine; or

(b) selling wine that is manufactured on the premises.

ENDNOTES1 Made by the Governor in Council on . . .2 Notified on the Queensland legislation website on . . .3 The administering agency is the Department of Infrastructure, Local

Government and Planning.

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