Planning Legislation (Economic Recovery Measures and Other Matters) Amendment Regulation 2020

1Short title

This regulation may be cited as the Planning Legislation (Economic Recovery Measures and Other Matters) Amendment Regulation 2020.

2Regulation amended

This part amends the Planning (COVID-19 Emergency Response) Regulation 2020.

3Omission of s 3 (Definitions)

Section 3—
omit.

4Omission of pt 2 (Provisions in relation to public notification)

Part 2—
omit.

5Amendment of s 7 (Public access to documents)

Section 7—
insert—

(4)In this section—

response period means the period—

(a)starting on 26 June 2020; and

(b)ending on 31 December 2020.

6Omission of sch 1 (Dictionary)

Schedule 1—
omit.

7Regulation amended

This part amends the Planning Regulation 2017.

8Amendment of s 10 (Minister’s guidelines and rules—Act, s 17)

Section 10, ‘July 2017’—
omit, insert—

September 2020

9Amendment of s 14 (Guidelines for environmental assessment and consultation—Act, s 36)

Section 14, ‘July 2017’—
omit, insert—

September 2020

10Amendment of s 15 (Designation process rules—Act, s 37)

Section 15, ‘July 2017’—
omit, insert—

September 2020

11Amendment of s 44 (Development assessment rules—Act, ss 68 and 69)

Section 44, ‘11 November 2019’—
omit, insert—

2 September 2020

12Amendment of s 53 (Infrastructure guidelines—Act, ss 116 and 117)

Section 53, ‘July 2017’—
omit, insert—

September 2020

13Insertion of new pt 8B

After section 68A—
insert—

Part 8B Economic support instruments

Division 1 Preliminary

68BPurpose of part

(1)The purpose of this part is to support the State’s economic recovery from the impacts of the COVID-19 emergency.

(2)The purpose is achieved by enabling a local government to adopt an economic support instrument for its local government area.

(3)In this section—

COVID-19 emergency means the declared public health emergency under the Public Health Act 2005, section 319(2) for COVID-19 declared on 29 January 2020 as extended and further extended under that Act.

68CDefinitions for part

In this part—

adoption notice see section 68E(1)(b).

economic support instrument see section 68D(1).

Division 2 Provisions in relation to economic support instruments

68DLocal governments may adopt economic support instruments

(1)A local government may, by resolution, adopt an instrument that applies any of the following provisions for its local government area (an economic support instrument)—

(a)division 3;

(b)schedule 6, part 1, section 1A;

(c)schedule 6, part 2, section 7A or 7B.

(2)However, the local government may make the resolution only if satisfied adopting the economic support instrument may assist in achieving the purpose of this part.

68EPublication of economic support instruments

(1)As soon as practicable after a local government adopts an economic support instrument, the local government must publish on the local government’s website—

(a)a copy of the economic support instrument; and

(b)a notice (an adoption notice) that states—

(i)the day the local government adopted the economic support instrument; and

(ii)the day the economic support instrument was first published on the local government’s website.

(2)However, a local government must not first publish an economic support instrument or adoption notice on the local government’s website after 17 September 2021.

(3)A local government that publishes an economic support instrument and adoption notice under subsection (1) must—

(a)continue to publish the economic support instrument and adoption notice on the local government’s website for the period the instrument is in effect; and

(b)give a copy of the economic support instrument and adoption notice to the chief executive as soon as practicable, but no later than 5 business days, after the day mentioned in subsection (1)(b)(ii).

68FPeriod of economic support instruments

An economic support instrument has effect for the period—

(a)starting on the day stated in the adoption notice for the instrument under section 68E(1)(b)(ii); and

(b)ending on the earlier of the following days—

(i)the day a revocation of the instrument takes effect under section 68G(4);

(ii)17 September 2021.

68GRevoking economic support instruments

(1)A local government may, by resolution, revoke an economic support instrument in effect for its local government area.

(2)As soon as practicable after the local government makes the resolution, the local government must publish notice of the revocation on the local government’s website.

(3)The notice must state the day the notice was first published on the local government’s website.

(4)The revocation takes effect on the day that is 5 business days after the day mentioned in subsection (3) or a later day stated in the notice.

(5)The local government must continue to publish the notice on the local government’s website until 18 September 2021.

(6)The local government must give a copy of the notice to the chief executive as soon as practicable, but no later than 5 business days, after the day mentioned in subsection (3).

Division 3 Development that requires code assessment

68HApplication of division

This division applies if an economic support instrument applying this division is in effect for a local government area.

68IParticular development requires code assessment instead of impact assessment

(1)This section applies in relation to a material change of use of premises in the local government area if—

(a)under a local planning instrument applying to the premises—

(i)the material change of use is assessable development that requires impact assessment; and

(ii)the premises are included in a zone mentioned in table 1, column 1; and

(b)the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and

(c)the economic support instrument states that the proposed use is identified for the zone applying to the premises; and

(d)a properly made application for the material change of use is made during the period the economic support instrument is in effect.

(2)The category of assessment for the material change of use is code assessment.

(3)The code assessment for the material change of use must be carried out against the assessment benchmarks in a local planning instrument applying to the premises that are stated in the economic support instrument.

(4)In this section, a reference to a zone using a particular name is taken to be a reference to—

(a)the zone of that name stated in schedule 2; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to the zone of that name stated in schedule 2.

Table 1
Column 1 Zone	Column 2 Proposed use
1  Neighbourhood centre zone or local centre zone	1  Food and drink outlet 2  Health care service 3  Office 4  Shop 5  Veterinary service
2  Centre zone, district centre zone, major centre zone or principal centre zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Indoor sport and recreation 6  Market 7  Office 8  Service industry 9  Shop 10  Veterinary service
3  Mixed use zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Home-based business 6  Indoor sport and recreation 7  Market 8  Office 9  Service industry 10  Shop 11  Veterinary service
4  Industry zone, low impact industry zone or medium impact industry zone	1  Bulk landscape supplies 2  Car wash 3  Hardware and trade supplies 4  Low impact industry 5  Research and technology industry 6  Service industry 7  Transport depot 8  Veterinary service 9  Warehouse
5  Research and technology industry zone	1  Low impact industry 2  Research and technology industry
6  Rural zone	1  Agricultural supplies store 2  Intensive horticulture 3  Nature-based tourism 4  Rural industry 5  Wholesale nursery 6  Winery
7  Tourism zone, major tourism zone or minor tourism zone	1  Nature-based tourism 2  Sales office 3  Shop 4  Short-term accommodation 5  Tourist attraction 6  Tourist park
8  Township zone	1  Agricultural supplies store 2  Bar 3  Garden centre 4  Hardware and trade supplies 5  Roadside stall 6  Transport depot 7  Veterinary service 8  Wholesale nursery 9  Winery
9  Waterfront and marine industry zone	1  Low impact industry 2  Marine industry 3  Warehouse

14Amendment of sch 3 (Use terms for local planning instruments)

Schedule 3, entry for car wash, column 2—
omit, insert—

car wash see the Planning Regulation 2017, schedule 24.

15Insertion of new sch 6, pt 1, s 1A

Schedule 6, part 1, after section 1—
insert—

1AParticular building work that increases gross floor area of an existing building

(1)Building work, other than minor building work, that increases the gross floor area of an existing building on premises if—

(a)an economic support instrument applying this section is in effect for the local government area in which the premises are located; and

(b)the building work is substantially started during the period the economic support instrument is in effect; and

(c)the building work increases the gross floor area of the existing building by no more than the lesser of the following—

(i)100m²;

(ii)10% of the gross floor area of the existing building; and

(d)under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and

(e)the building work is carried out in relation to the existing use of the premises; and

(f) the existing use is stated in table 1, column 2 opposite the zone applying to the premises; and

(g)the economic support instrument states that the existing use is identified for the zone applying to the premises; and

(h) the building work does not involve operational works for vegetation clearing; and

(i) the building work is not carried out on, or on premises adjoining, a Queensland heritage place or local heritage place; and

(j)the building work complies with any assessment benchmarks in the local planning instrument about the distance a building or structure on the premises must be from a boundary that are stated in the economic support instrument; and

(k)the building work does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and

(l)no other building work to increase the gross floor area of the existing building, other than building work carried out under a development approval given before the economic support instrument took effect, has been carried out during the period the economic support instrument is in effect.

(2)In this section, a reference to a zone using a particular name is taken to be a reference to—

(a)the zone of that name stated in schedule 2; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to the zone of that name stated in schedule 2.

Table 1
Column 1 Zone	Column 2 Existing use
1  Neighbourhood centre zone or local centre zone	1  Food and drink outlet 2  Health care service 3  Office 4  Shop 5  Veterinary service
2  Centre zone, district centre zone, major centre zone or principal centre zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Indoor sport and recreation 6  Market 7  Office 8  Service industry 9  Shop 10  Veterinary service
3  Mixed use zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Home-based business 6  Indoor sport and recreation 7  Market 8  Office 9  Service industry 10  Shop 11  Veterinary service
4  Industry zone, low impact industry zone or medium impact industry zone	1  Bulk landscape supplies 2  Car wash 3  Hardware and trade supplies 4  Low impact industry 5  Research and technology industry 6  Service industry 7  Transport depot 8  Veterinary service 9  Warehouse
5  Research and technology industry zone	1  Low impact industry 2  Research and technology industry
6  Rural zone	1  Agricultural supplies store 2  Intensive horticulture 3  Nature-based tourism 4  Rural industry 5  Wholesale nursery 6  Winery
7  Tourism zone, major tourism zone or minor tourism zone	1  Nature-based tourism 2  Sales office 3  Shop 4  Tourist attraction 5  Tourist park
8  Township zone	1  Agricultural supplies store 2  Bar 3  Garden centre 4  Hardware and trade supplies 5  Roadside stall 6  Transport depot 7  Veterinary service 8  Wholesale nursery 9  Winery
9  Waterfront and marine industry zone	1  Low impact industry 2  Marine industry 3  Warehouse

16Insertion of new sch 6, pt 2, ss 7A and 7B

Schedule 6, part 2—
insert—

7AParticular material change of use involving an existing building

(1)A material change of use of premises if—

(a)an economic support instrument applying this section is in effect for the local government area in which the premises are located; and

(b)the material change of use is carried out during the period the economic support instrument is in effect; and

(c)under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and

(d) the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and

(e)the economic support instrument states that the proposed use is identified for the zone applying to the premises; and

(f)the material change of use does not involve the use of a building other than an existing building; and

(g)the material change of use—

(i)does not involve the carrying out of building work; or

(ii)involves the carrying out of minor building work only; and

(h)the material change of use does not reduce the number of car parking spaces, or the total area of landscaping, on the premises; and

(i)for a proposed use other than a declared use for the premises, the proposed use complies with the following—

(i)if the proposed use is a shop to which the Trading (Allowable Hours) Act 1990 applies—the requirements under that Act about trading hours for the shop;

(ii)if subparagraph (i) does not apply—any assessment benchmarks in a local planning instrument applying to the premises about operating hours for the proposed use that are stated in the economic support instrument;

(iii)if the premises are included in the neighbourhood centre zone or local centre zone under a local planning instrument applying to the premises— any assessment benchmarks in a local planning instrument applying to the premises about heavy vehicle traffic connected with the proposed use that are stated in the economic support instrument.

(2)In this section, a reference to a zone using a particular name is taken to be a reference to—

(a)the zone of that name stated in schedule 2; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to the zone of that name stated in schedule 2.

(3)In this section—

declared use, for premises, means a use, or use of a class, declared for an applicable event under a declaration under section 275O of the Act that is in effect for the area in which the premises are located.

Table 1
Column 1 Zone	Column 2 Proposed use
1  Neighbourhood centre zone or local centre zone	1  Food and drink outlet 2  Health care service 3  Office 4  Shop 5  Veterinary service
2  Centre zone, district centre zone, major centre zone or principal centre zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Indoor sport and recreation 6  Market 7  Office 8  Service industry 9  Shop 10  Veterinary service
3  Mixed use zone	1  Bar 2  Food and drink outlet 3  Garden centre 4  Health care service 5  Home-based business 6  Indoor sport and recreation 7  Market 8  Office 9  Shop 10  Showroom 11  Veterinary service
4  Industry zone, low impact industry zone or medium impact industry zone	1  Bulk landscape supplies 2  Car wash 3  Hardware and trade supplies 4  Low impact industry 5  Research and technology industry 6  Service industry 7  Transport depot 8  Veterinary service 9  Warehouse
5  Research and technology industry zone	1  Low impact industry 2  Research and technology industry
6  Rural zone	1  Agricultural supplies store 2  Rural industry 3  Wholesale nursery 4  Winery
7  Tourism zone, major tourism zone or minor tourism zone	1  Nature-based tourism 2  Sales office 3  Shop 4  Tourist attraction
8  Township zone	1  Garden centre 2  Hardware and trade supplies 3  Roadside stall 4  Veterinary service 5  Wholesale nursery 6  Winery
9  Waterfront and marine industry zone	1  Low impact industry 2  Marine industry 3  Warehouse

7BMaterial change of use for home-based business in particular zones

(1)A material change of use of premises if—

(a)an economic support instrument applying this section is in effect for the local government area in which the premises are located; and

(b)the material change of use is carried out during the period the economic support instrument is in effect; and

(c)under a local planning instrument applying to the premises, the premises are included in a zone mentioned in table 1, column 1; and

(d) the proposed use of the premises is stated in table 1, column 2 opposite the zone applying to the premises; and

(e)the economic support instrument states that the proposed use is identified for the zone applying to the premises; and

(f) the material change of use does not involve an industry activity; and

(g)the proposed use complies with the acoustic quality objectives under the Environmental Protection (Noise) Policy 2019 during operating hours for the use.

(2)In this section, a reference to a zone using a particular name is taken to be a reference to—

(a)the zone of that name stated in schedule 2; or

(b)a zone, other than a zone stated in schedule 2, that is of a substantially similar type to the zone of that name stated in schedule 2.

Table 1
Column 1 Zone	Column 2 Proposed use
1  General residential zone, low density residential zone, low-medium density residential zone, medium density residential zone, high density residential zone, character residential zone or tourist accommodation zone	1  Home-based business
2  Township zone	1  Home-based business

17Amendment of sch 22 (Publicly accessible documents)

(1)Schedule 22, part 1, section 1(1)—
insert—

(zn)a copy of each economic support instrument and adoption notice published by the local government under section 68E;

(zo)a copy of each notice published by the local government under section 68G(2).

(2)Schedule 22, part 4, section 12—
insert—

(h)a list of each local government that gives the chief executive—

(i)a copy of an economic support instrument and an adoption notice under section 68E(3)(b); and

(ii)a copy of a notice under section 68G(6);

(i)a copy of each economic support instrument and adoption notice given to the chief executive under section 68E(3)(b);

(j)a copy of each notice given to the chief executive under section 68G(6).

(3)Schedule 22, part 4, section 13(1)(b), ‘or (b)’—
omit, insert—

, (b), (h), (i) or (j)

18Amendment of sch 24 (Dictionary)

Schedule 24—
insert—

adoption notice see section 68E(1)(b).

car wash means the use of premises for the commercial cleaning of motor vehicles.

economic support instrument see section 68D(1).