This regulation may be cited as the Planning (Spit Master Plan and Other Matters) Amendment Regulation 2019.
This regulation amends the Planning Regulation 2017.
3Amendment of s 44 (Development assessment rules—Act, ss 68 and 69)
Section 44, ‘4 August 2017’—
omit, insert—11 November 2019
4Amendment of sch 6 (Development local categorising instrument is prohibited from stating is assessable development)
Schedule 6, part 3—
insert—20AOperational work for necessary firebreaks or fire management lines
Operational work that is clearing native vegetation if—(a)the clearing is necessary for—(i)establishing or maintaining a necessary firebreak to protect infrastructure, other than a fence, road or vehicular track, and the maximum width of the firebreak is equal to 1.5 times the height of the tallest vegetation next to the infrastructure, or 20m, whichever is the wider; or(ii)establishing a necessary fire management line, and the maximum width of the clearing for the fire management line is 10m; and(b)the clearing—(i)is on freehold land; or(ii)is on indigenous land; or(iii)is on land leased under the Land Act 1994 for agriculture or grazing purposes; or(iv)is on land leased under the Land Act 1994, other than for agriculture or grazing purposes, and is consistent with the purpose of the lease; or(v)is on trust land under the Land Act 1994, other than indigenous land, is carried out, or allowed to be carried out, by the trustee and is consistent with achieving the purpose of the trust; or(vi)is on unallocated State land and is carried out, or allowed to be carried out, by the chief executive of the department in which the Land Act 1994 is administered; or(vii)is on land that is subject to a licence or permit under the Land Act 1994 and is carried out by the licensee or permittee.
5Amendment of sch 7 (Accepted development)
Schedule 7, part 3—
insert—13Operational work for necessary firebreaks or fire management lines
Operational work in relation to which schedule 6, part 3, section 20A applies.
6Insertion of new sch 10, pt 16A
Schedule 10—
insert—Southport Spit is also known as The Spit.27HProhibited development—development in Spit building height control area
(1)Development in the Spit building height control area is prohibited development to the extent the development results in a building or structure that has a building height of more than 3 storeys or 15m.(2)However, subsection (1) does not apply to development for an outdoor theme park ride at Sea World.(3)Also, subsection (1) does not apply to development for—(a)the maintenance or repair of an existing, and lawfully constructed, building or structure; or(b)the replacement of an existing, and lawfully constructed, building or structure with an equivalent or substantially similar building or structure.(4)In this section—building height, of a building or structure, means—(a)for a building—the number of storeys in the building above ground level; or(b)the vertical distance, measured in metres, between the ground level of the building or structure and the highest point of the building or structure, other than a point that is part of an aerial, chimney, flagpole or load-bearing antenna.outdoor theme park ride means a theme park ride that is not enclosed in a building.Sea World—(a)means Lot 1 on CP846066; and(b)includes a lot created by the subdivision of the lot mentioned in paragraph (a).Spit building height control area means the area shown as The Spit building height control area on the map in schedule 23A.
Table 1—Development in Spit master plan area
Column 1
Column 2
The category of assessment stated for the development in a local categorising instrument for the local government area of the Gold Coast City Council
—
For a development application for development in the Spit master plan area—the Spit master plan
For a development application for development in the Spit master plan area—the Spit master plan
After schedule 23—
insert—Schedule 10, part 16A, division 1, section 27H(4), definition Spit building height control area and schedule 24, definition Spit master plan area
8Amendment of sch 24 (Dictionary)
(1)Schedule 24—
insert—Spit master plan means the document called ‘The Spit master plan’, dated May 2019 and published by the department.Spit master plan area means the area shown as The Spit master plan area on the map in schedule 23A.(2)Schedule 24, definition infrastructure, after ‘, for’—
insert—schedule 6, part 3, section 20A and